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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.


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.

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Author

A specialist in foreign trade and customs, Gonzalo has a broad experience in advisory, preventive audits and litigation related with sophisticated trade operations, trade facilitation and investment. His professional expertise includes legal advisory provided to either domestic or international enterprises, specifically related to import and export regimes, customs valuation, tariff classification, rules of origin, trade barriers (sanitary and phytosanitary measures, technical barriers to trade), investment and infrastructure, supply chain management, transport, Free Trade Agreements (FTAs), Regional and Plurilateral Agreements (CAN, MERCOSUR, among others) compliance and WTO law.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein

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Nicole Freire is an experienced lawyer specializing in environmental, climate change and ESG matters. With over a decade of expertise, she has provided valuable counsel to both local and international companies in various sectors such as mining, hydrocarbons, electricity, and industrial and commercial fields. Nicole is well-versed in navigating the complexities of ongoing business development, administrative sanction proceedings, carbon markets and formulating strategic plans to secure environmental permits. Nicole has been recognized by The Legal 500 in its 2023 edition for Latin America, where she was honored as a "Rising Star" in Environmental Law.
Estudio Echecopar is a member firm of Baker & McKenzie International, a Swiss Verein