With kind permission of FEFPEB please find below an update.
The EU Commission informed that a new document on the implementation of the EUDR has been published. This document provides an overview of how the obligations apply, depending on the company type (operator/trader), size (non-SME/SME) and position in the supply chain (first placing/downstream) within the EU – illustrated through 11 supply chain scenarios. It is intended to be read alongside the third iteration of the FAQs and the guidance document, which give additional detail on obligations, as well as the Regulation itself. The EU Commission emphasised that this document is not legally binding.
- Competent authorities & EUDR guidelines. A small working group composed of Member States experts has been involved in the preparation of the EUDR guidelines. Therefore, the EU Commission believes that Members States will not divert from the guidelines.
- Omnibus. DG ENV believes that the Q&As and the guidelines will serve as instrument to simplify the EUDR therefore DG ENV is not of the opinion that the EUDR shall be re-opened in a legislative process such as the Omnibus, as this will create even more uncertainties in the EUDR applications.
Q&A: April 2025 – a new revised document will be published. The EU Commission anticipated that the following issues will be presented and further clarified in the revised Q&A:
- The meaning of the word “ascertain” – and more specifically, Article 4.9 will be better explained. In particular the EC is expected to explain the obligations of downstream operators in relation to “do collect or do not collect” geolocation information.
- The role of SMEs as exporters and how they can make use of Article 4.8 when they are exporting.
- Definition of “company groups” and the role of SMEs when they are part of a group.
- Custom representatives.
- Technical clarification on the IS.
- E-commerce – new clarifications are also expected to be published.
“Samples”. The EU Commission informs that they are looking at different possibilities as DG ENV is receiving a lot of questions regarding this issue. At the moment, as explained by the EU Commission, the legislative text of the EUDR doesn’t foresee any exclusions for “samples” and therefore it will be difficult to find a facilitation solution
To be continued.
