OBLIGATIONS OF OPERATORS! Operators must undertake Due Diligence to ensure compliance with EUDR. They must collect information, documents, data from all suppliers, verify and analyse, carry out risk assessments, adopt risk mitigation if necessary and this would apply to all geolocations. Only after this would a product or commodity enter the EU in a state of ‘…negligible risk…’ of non-compliance. Smaller Operators sourcing from low risk countries are not obliged to undertake all risk-mitigation due diligence. Larger Operators must confirm that due diligence has been properly undertake upstream of them. Large Traders must clarify due diligence occurred upstream whilst smaller Traders have an obligation to have and keep traceability information. Operators must review their due diligence procedures at least once a year. EUDR does list the’…complexity of the relevant supply chain…’ as a risk factor.
WASTE MATERIAL OBLIGATIONS! Waste materials are not covered by EUDR. However, by-products of the production process ARE covered, such as empty fruit branches, palm shell kernels, cocoa shells, husks, skins and other cocoa waste.
VARIATIONS ON THE MEANING OF ‘DEFORESTATION’! Converting forests into anything other than land for agricultural purposes is NOT covered by EUDR. This includes forest fire prevention, invasive alien species management, building roads and other urban infrastructure, electricity lines, settlements or cities and renewable energy deployment. ‘…Agricultural…’ in this sense means plantations, crops, meadows, pastures, rearing of livestock, farm buildings and farmyards and also ‘set aside’ land. Interestingly, agroforestry systems are considered ‘…agricultural…’ and so fall foul of EUDR.
I suspect this subject will run…and run…and run. I might well end up writing yet another article on the matter, at some future date.
Eddie Tofpik E:
eddie.tofpik@
admisi.com T: +44(0) 20 7716 8201
11 | ADMISI - The Ghost In The Machine | Q4 Edition 2024
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