ANNEXES to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010

Council of the European Union

Brussels, 19 November 2021 (OR. en)

14151/21

Interinstitutional File: ADD 1

2021/0366(COD) i

FORETS 78 AGRI 566 ENV 914 CLIMA 399 PROCIV 149 JUR 653 DEVGEN 210 RELEX 997 UD 284 PROBA 53 FAO 42 SUSTDEV 162 IA 185 CODEC 1507

COVER NOTE

From: Secretary-General of the European Commission, signed by Ms Martine DEPREZ, Director

date of receipt: 18 November 2021

To: Mr Jeppe TRANHOLM-MIKKELSEN, Secretary-General of the Council of the European Union

No. Cion doc.: COM(2021) 706 final i ANNEXES 1 to 2

Subject: ANNEXES to the Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 i

Delegations will find attached document COM(2021) 706 final i ANNEXES 1 to 2.

Encl.: COM(2021) 706 final i ANNEXES 1 to 2

EUROPEAN COMMISSION

Brussels, 17.11.2021 COM(2021) 706 final i

ANNEXES 1 to 2

ANNEXES

to the

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE

COUNCIL

on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation and

repealing Regulation (EU) No 995/2010 i

{SEC(2021) 395 final} - {SEC(2021) 396 final} - {SWD(2021) 325 final} - {SWD(2021) 326 final} - {SWD(2021) 327 final} - {SWD(2021) 328 final} -

 {SWD(2021) 329 final}

ANNEX I

Goods as classified in the Combined Nomenclature set out in Annex I to Council Regulation

(EEC) No 2658/87, referred to in Article 1 of this Regulation 1 .

The Regulation shall not apply to goods if they are produced entirely from material that has completed its lifecycle and would otherwise have been discarded as waste, as defined in

Article 3(1) of Directive 2008/98/EC i 2 . This exemption does not apply to by-products of a

manufacturing process, where that process involved material that was not waste as defined in Article 3 (1) of that Directive.

Cattle ex 0102 Live cattle

ex 0201 Meat of cattle, fresh or chilled

ex 0202 Meat of cattle, frozen

ex 0206 10 Edible offal of cattle, fresh or chilled

ex 0206 22 Edible cattle livers, frozen

ex 0206 29 Edible cattle offal (excluding tongues and livers), frozen

ex 4101 Raw hides and skins of cattle (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment-dressed or further prepared),

whether or not dehaired or split

ex 4104 Tanned or crust hides and skins of cattle, without hair on, whether or

not split, but not further prepared

ex 4107 Leather of cattle, further prepared after tanning or crusting, including parchment-dressed leather, without hair on, whether or not split

Cocoa 1801 00 00 Cocoa beans, whole or broken, raw or roasted

1802 00 00 Cocoa shells, husks, skins and other cocoa waste

1803 Cocoa paste, whether or not defatted

1804 00 00 Cocoa butter, fat and oil

1805 00 00 Cocoa powder, not containing added sugar or other sweetening

matter

1806 Chocolate and other food preparations containing cocoa

Coffee 0901 Coffee, whether or not roasted or decaffeinated; coffee husks and skins; coffee substitutes containing coffee in any proportion

Oil palm 1511 Palm oil and its fractions, whether or not refined, but not chemically

1 The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 i of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.

2 Directive 2008/98/EC i of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, OJ L 312, 22.11.2008, p. 3–30

modified

1207 10 Palm nuts and kernels

1513 21 Crude palm kernel and babassu oil and fractions thereof

1513 29 Palm kernel and babassu oil and their fractions, whether or not refined,

but not chemically modified (excluding Crude oil)

2306 60 Oilcake and other solid residues of palm nuts or kernels, whether or not ground or in the form of pellets, resulting from the extraction of palm nuts oils or kernels oils

Soya 1201 Soya beans, whether or not broken

1208 10 Soya bean flour and meal

1507 Soya-bean oil and its fractions, whether or not refined, but not chemically modified

2304 Oilcake and other solid residues, whether or not ground or in the form of pellets, resulting from the extraction of soya-bean oil

Wood 4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms

4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared

4406 Railway or tramway sleepers (cross-ties) of wood

4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm

4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for other similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or endjointed, of a thickness not exceeding 6 mm

4409 Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed

4410 Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances

4411 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances

4412 Plywood, veneered panels and similar laminated wood

4413 00 00 Densified wood, in blocks, plates, strips or profile shapes 4414 00 Wooden frames for paintings, photographs, mirrors or similar objects

4415 Packing cases, boxes, crates, drums and similar packings, of wood; cabledrums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood

(Not including packing material used exclusively as packing material to support, protect or carry another product placed on the market.)

4416 00 00 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves

4418 Builders’ joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes

Pulp and paper of Chapters 47 and 48 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products

9403 30, 9403 40, 9403 50 00, 9403 60 and 9403 90 30 Wooden furniture

9406 10 00 Prefabricated buildings of wood

ANNEX II Due diligence statement

Information to be contained in the due diligence statement in accordance with Article 4(2) of this Regulation:

• 1. 

  Operator’s name, address and, in case of relevant commodities and products entering or leaving the Union market, the Economic Operators Registration and Identification (EORI) number in accordance with Article 9 of Regulation (EU) No 952/2013 i;

• 2. 

  Harmonised System code, free-text description, and quantity 3 of the relevant commodity or product that is intended to be placed on the Union market by the operator;

• 3. 

  Country of production and all plots of land of production, including geo-localisation coordinates, latitude and longitude. Where a product or commodity contains materials, ingredients or components produced in different plots of land, the geo-location coordinates of all different plots of land shall be included;

• 4. 

  The text: “By submitting this due diligence statement the operator confirms that due diligence according to the provisions of Regulation XXXX/XX was carried out and no or only negligible risk was found. The operator hereby confirms the compliance of the commodity/product with the requirements specified in Article 3 of Regulation XXXX/XX.”

• 5. 

  Signature in the following format:

Signed for and on behalf of:

Place and date of issue:

Name, function: Signature:

3 The quantity must be expressed in kilograms of net mass and, when applicable, also in the supplementary unit set out in Annex I to Council Regulation (EEC) No 2658/87 i against the indicated Harmonised System code. A supplementary unit is applicable when it is defined consistently for all possible subheadings under the Harmonised System code mentioned in the due diligence statement.