THE IMPACT OF THE ENFORCEMENT OF THE EU DEFORESTATION-FREE PRODUCTS REGULATION (EUDR) ON THE EXPORTATION OF RUBBER FROM THAI FOREST AREAS TO THE EUROPEAN UNION

Abstract

Abstract

This research article aims to (1) investigate the regulatory problems concerning the export of rubber from plantations located within Thailand’s forest areas to the European Union, while critically analyzing relevant Thai forestry laws and the European Union Deforestation Regulation (2) conduct a comparative study of the concepts and principles regarding deforestation-free supply chains under the EUDR against the forestry legislation of various nations, namely Sweden, Japan, the People’s Republic of China, Canada, and Indonesia and (3) propose concrete legal and systemic measures to resolve these export impediments effectively. The study employs a documentary research methodology, systematically reviewing deforestation-free principles, statutory provisions of Thai and international forestry laws, academic literature, and the EUDR, and subsequently analyzing the data using descriptive analysis.

The findings reveal that a critical discrepancy exists regarding the definition
of the term “forest” under Thai law and the existing traceability systems, which are not yet consistent with the rigorous criteria set forth by the EUDR. As a result, rubber farmers lacking formal land title documents are unable to comply with requirements to export rubber to the European Union. Furthermore, the limitations regarding permission for land utilization within national reserved forests, which do not currently support agricultural purposes directly, constitute a significant barrier to the export of rubber wood and rubber products to the European market. Consequently, this research proposes the application of comparative legal principles from Japan to address these issues. It recommends revising the legal definition of “forest” and upgrading traceability measures, specifically by establishing criteria for the use of "rubber tree deeds" to certify the source of rubber wood and products. These measures are intended to verify product origins effectively, thereby supporting agriculturists in maintaining their export capacity and ensuring sustainable compliance with international trade standards.