Race against time: Farmers, operators in tight deadline to comply with EU deforestation regulations

Affected commodities will not be allowed into the EU if land used for production was deforested after 2020. Proof must be given by deadline

As the clock ticks down, Kenyan farmers in various sectors, including coffee, cocoa, and cattle, are facing the imminent enforcement of the European Union Deforestation Regulations (EUDR) in January 2025.
These regulations, enacted in Europe since 2020, prohibit the entry of commodities from lands deforested since that year into the European market. Aligned with the EU’s broader initiative to combat deforestation and promote sustainability, the EUDR introduces mandatory due diligence rules and traceability for key commodities.
For Kenyan farmers, this marks a substantial regulatory shift. It means that if you planted your coffee or cocoa, palm oil or soya on land that was a forest in 2020, your produce cannot enter the EU market, and that if you are planning to cut down trees to plant or expand your coffee, or the other targeted produce, forget the EU market.
“Compliance will require a significant shift in the coffee industry, with an emphasis on sustainable and climate-smart production practices. Farmers will need to be cautious in expanding their coffee farms to avoid disrupting ecosystems,” said Josephine Ndikiwe, Chairlady of the Association of Women in Coffee (AWICI) during an event held by the association for women in coffee, during the International Women’s Day at a Nairobi hotel.
Farmers with over 250 coffee bushes or produce planted on 0.2 hectares and upwards must demonstrate compliance by December 31, 2024.
“Coffee operators and traders will need to be able to trace that coffee back to the farmer and the farmer needs to be able to demonstrate that that land was not a forest initially or has not been deforested,” said Tim Mirugi, managing director NewKPCU during a separate interview at his office.

These regulations, enacted in Europe since 2020, prohibit the entry of commodities from lands deforested since that year into the European market

Ms Josephine Ndikiwe, Chairlady of the Association of Women in Coffee (AWICI)

To demonstrate compliance coffee operators and traders will need to have due diligence statements that include detailed information on the producer, production plots, and geolocation coordinates. Operators are businesses placing goods on the EU market, while traders deal with goods already on the market. These are key players required to adhere to these regulations, said Mr Bernard Gichovi, from AFA Coffee Directorate.
They will only be authorised to place products on the European market or export them provided that they are deforestation-free, produced in accordance with relevant local legislation, and covered by a due diligence statement.
The range of products it will cover include things such as leather, meat, chocolate, coffee, soybeans, palm nuts, tires, furniture, cosmetics, printed books, pulp, and paper derived from the commodities.
“The due diligence entails submitting or giving your geo locations or coordinates. These are the latitudes and the attitudes that identify your actual location, where the coffee is being produced from, which will come with polygon maps,” said a representative for the private sector during the AWICI event.

It means that if you planted your coffee or cocoa, palm oil or soya on land that was a forest in 2020, your produce cannot enter the EU market, and that if you are planning to cut down trees to plant or expand your coffee, or the other targeted produce, forget the EU market

“Once you have that statement onboarded on your coffee lot that is being sold or has to be declared by the trader who is exporting this coffee to the EU, it will show your compliance,” she added.
Countries will be categorised based on risk levels, factoring in deforestation rates and agricultural expansion. “Compliance requires sustainable farming and production practices to minimise the risk of being classified as high-risk producers,” said Mr Gichovi during the event.
Speaking for the Government, Mr Gichovi , who was making a presentation on the EUDR said that government efforts to ensure compliance include the establishment of a multi-agency technical team to address geo-mapping challenges and develop a roadmap for compliance.

Mr Timothy Mirugi, Managing director NewKPCU.

“Despite changes in government leadership, due to the General Elections and a lapse in the initiative, there is now progress, with documents forwarded to relevant authorities for consideration,” he said.
“At the end of the day, once we have done the geo-mapping, we can have the information domiciled somewhere, where the operators can be able to access and draft their due diligence statements,” he added.
Mr Gichovi stressed that a lot of consultations and engagements are ongoing, at the highest levels of government to try and meet set timelines and ensure that, “none of our coffees are locked out of the EU market.”
The experts pointed out the six components of the due diligence statement, which include land use rights, environmental protection, labour rights, human rights, and more, and said that as a country we do have all these policies in place. “It’s a question of harmonising all these policies and coming up with a standard document, because they’re readily available and the data is there so that we can be able to comply,” the representative who did not want to be named said.
“As private sector, we feel that as a country we are prepared. It’s only that the data is scattered in different ministries and policies. I also don’t think Kenya has done any deforestation after 2020. Already there is a government policy for the country to plant 15 billion trees by the year 2031 and I recall last year (2023) we had a public holiday where we planted trees,” she added.
She also highlighted the financial burden associated with compliance and said the private sector is actively engaging with the government to streamline processes and ensure a unified approach to compliance.
As to the question on the importance of being compliant, it was a resounding must from the experts, who feel that compliance with EUDR is not merely a regulatory requirement but a crucial step to maintaining market access and upholding the industry’s sustainability.
“The European Union will not extend those deadlines, so we are in the race to ensure that we beat them and ensure our farmers are able to export,” said Mr Mirugi of NKPCU.

Mr Bernard Gichovi, from AFA Coffee Directorate

“About 55 per cent of Kenya’s coffee goes to the EU. So, we cannot sit back and just say that we do not need the European market, we do need it as we transform to the other markets,” Ms Karimi warned.the experts said.
The urgency is apparent, considering the European Union’s unwillingness to extend deadlines. Kenyan farmers must swiftly adapt to meet the requirements, showcasing proof of non-deforested land before 2020, including geocoordinates of their farms.
Mr Mirugi reiterated that Efforts are underway to sensitise farmers, with initiatives involving various organisations collecting geocoordinates and polygons to verify the origin of coffee.
Josephine of AWICI encouraged farmers to seek information on EUDR, recognising the power of knowledge. She added that government support is essential, and various arms, such as county governments, agricultural offices, the Coffee Directorate, AFA board, and AFA organisation, can serve as valuable sources.
Disseminating information and providing support will be instrumental in helping farmers navigate and comply with the EUDR regulations effectively, she said.
Amid the festivities of International Women’s Day, the event not only celebrated women across the coffee value chain but also served as a platform for discussions on alternative coffee processing methods and the emerging EUDR.

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