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Good to know EUDR – more time to get ready for the new obligations

EUDR – more time to get ready for the new obligations

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​​by Aneta Siwek

28 October 2024


The European Commission has prepared a proposal to postpone the effective date of the EUDR [1]. 

EUDR – who does it apply t​o?


EUDR imposes new obligations on, among others, marketers of commodities such as:

  • cattle
  • cocoa
  • coffee
  • oil palm
  • soya
  • rubber and wood 

as well as products which contain, have been fed with or have been made using those commodities. 

New obliga​​tions


Prior to placing relevant products on the market, obliged operators should exercise due diligence with regard to all relevant products supplied by each particular supplier to show that: 

  • the products are deforestation-free, 
  • the products have been produced in accordance with the relevant legislation of the country of production, and
  • a due diligence statement concerning those products has been submitted.


The due diligence system includes:


  • the collection of information, data and documents needed to fulfil the requirements; 
  • risk assessment measures to establish whether the relevant products intended to be placed on the market or exported comply with the requirements, and
  • risk mitigation measures.

To demonstrate due diligence, operators should implement procedures and measures to ensure that the products placed on the market or exported meet the EUDR requirements. 

Having consulted the stakeholders, including the Member States, third parties as well as marketers of the relevant products, the European Commission has taken account of the new challenges when it comes to e.g. development of due diligence systems applicable to relevant products and has proposed to defer the EUDR go-live date by 12 months.

The Commission believes that this will ensure better preparation for the new legislation and compliance with the obligations. 

This means that the rules set out in Article 38(2) EUDR, which impose new obligations on operators, would apply from 30 December 2025 instead of 30 December 2024.

Still, this has no impact on the essence of the legislation as it merely postpones the effective date. 

Trust the expe​rts


Contact us to get ready for the new legislation and implement the required due care procedures. 


Legislation:
[1] Regulation (EU) 2023/1115 of the European Parliament and of the Council of 31 May 2023 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No 995/2010 (OJ L 150 of 9 June 2023, p. 206)

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Aneta Siwek

Attorney at law (Poland)

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