The WTO Compatibility of the EU Deforestation Regulation

The Regulation on deforestation-free products is one of the European Union’s most controversial measures in its fight against climate change. The due diligence procedure required for access to the EU internal market has been accused of unlawfully restricting international trade. The article discusses the legitimacy of its structure under WTO law, arguing that the EU and its Member States’ commitment to engaging with and supporting public authorities in the countries of origin of the relevant commodities, as well as smallholder farmers and micro and small enterprises in both internal and external markets, can ensure the Regulation’s success. The paper also proposes internalising the definition of WTO-compliant trade-related climate and sustainability measures within the remit of the Organisation’s Committees.