Peru: Deforestation Free Certificate approved for areas free of illegal logging

In brief

On 10 September 2024, Ministerial Resolution No. 0309-2024-MIDAGRI was published, approving the electronic document called "Deforestation Free Certificate" for agricultural producers. This certificate is issued after verifying the non-existence of deforestation in the evaluated area and ensuring compliance with current regulations.


Contents

The Deforestation Free Certificate was created for the purposes of the European Union Deforestation Regulation (2023/1115), which came into force in June 2023. This regulation establishes rules for the import and commercialization in the EU market, as well as the export from the EU, of products such as meat, leather, coffee, cocoa, chocolate, soybeans, rubber and rubber tires, timber, and palm oil.

It should be noted that from 30 December 2024, all exports of the aforementioned products to the EU will require companies and agricultural producers to carry out due diligence. This is to ensure that their products do not come from deforested land (after 31 December 2020) and that they comply with local legislation.

The General Directorate of Statistics, Monitoring and Evaluation of Policies of the Ministry of Agrarian Development and Irrigation is responsible for verifying the non-existence of deforestation. This is carried out according to the internal flow detailed in the Annex. The directorate, with the support of the National Forestry and Wildlife Service, is also tasked with updating and systematizing the public information contained in the certificate.

We recommend that companies producing and exporting products under this regulation take into account not only this certificate but also the other requirements established by this regulatory framework. Non-compliance with the due diligence requirements of the EUDR will prevent them from accessing the EU market starting 2025.

We hope this information is relevant to you and your company. Please do not hesitate to contact us if you require any advice in this regard.

Click here to access the Spanish version.

* * * * *

LOGO_Peru Estudio Echecopar_Lima

©  2024 Estudio Echecopar. All rights reserved. Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a "partner" means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an "office" means an office of any such law firm. This may qualify as "Attorney Advertising" requiring notice in some jurisdictions. Prior results do not guarantee a similar outcome.


Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.