Analysis of the European Union Deforestation Regulation under WTO Law and its Impact on the Cocoa and Coffee Sectors in Peru’s Economy: Part I

In 2019, the European Union launched the European Green Deal; a project to make the EU a climate-neutral area. As part of this project the EU, in 2023, the European Parliament and the Council of the European Union approved the Regulation (EU) 2023/1115 (EUDR). This regulation established that six commodities and their derived products must not cause deforestation. In this sense, any of these products must not contain, have been fed with or have been made using, relevant commodities that were produced on land that has been subject to deforestation after 31 December 2020. This paper focuses its analysis on the impact on coffee, cocoa and their derived products in Peru. For this purpose, this paper analyses the compatibility of the EUDR with the WTO commitments assumed by the EU. This paper revives the old debate about the role of Process and Production Methods under WTO law. In this line, this paper analysis the compatibility of the EUDR under the GATT, the TBT and the SPS Agreements