19 December, 2024

EU RD: Commission publishes Implementing Regulation governing information system

On 6 December, the European Commission published the Implementing Regulation specifying the operation of the information system provided for in the EUDR Regulation of 2023. The text sets out the Commission's responsibilities for the security of data transmitted in the system and provides practical information for users.

The information system for the registration of due diligence declarations, established as part of the regulation to combat deforestation and forest degradation, has been accessible via the TRACES platform since 6 November 2024.

The main information on the operating arrangements of the system, as set out in the Implementing Regulations published in early December, is as follows:

1. Specific obligations for products containing wood: Where a product in question contains wood, it is mandatory toprovide complete scientific namestree species used in its production or manufacture. This requirement is intended to ensure optimal traceability of materials.

2. Withdrawal or modification of declarations: Users canwithdraw or amend a declaration within 72 hoursafter issuing the reference number, except in the following cases:

  • If the declaration was used as a reference in another declaration.
  • If a control has been announced on the product or declaration.
  • If the product has already been placed on the market or made available in the EU in accordance with the Regulation.
  • If the reference number has been communicated to the customs authorities or used in import/export procedures.

An additional period of8 calendar daysmay be granted on a justified request, provided that the above restrictions do not apply. This extension may be retroactive if requested after the initial 72 hours have expired.

3. Risk profiling after each presentation of due diligence statements: Any statement of reasonable diligence shall be subject to automated electronic risk profiling as soon as it is presented in the system. The assigned risk status guides the authorities in their controls. If a report is amended, it is fully subject to a new risk profile.

Editor: E. ROSAS