EUDR – Due Diligence Requirements for Deforestation-Free Supply Chains
The EU Deforestation Regulation (EUDR), Regulation (EU) 2023/1115, entered into force on June 29, 2023, and regulates corporate due diligence obligations regarding deforestation-free supply chains.
The regulation applies to companies that place certain raw materials and relevant products made from these raw materials on the EU market, make them available, or export them from the EU. These raw materials include cattle, cocoa, coffee, oil palm, rubber, soy, and wood. A wide range of products that contain the aforementioned raw materials, have been fed with them, or have been manufactured using them also fall within the scope of the regulation - for example, tires, furniture, or chocolate.
For large and medium-sized enterprises, as well as for small1 downstream companies companies , the respective requirements will apply starting December 30, 2026. For small first-time placers on the market, the regulation will apply starting December 30, 2027 (with the exception of products covered by the EU Timber Regulation (EUTR)).
The purpose of the regulation is to reduce global deforestation and forest degradation, as well as to lower greenhouse gas emissions and the loss of biodiversity.
The obligations under the EU Deforestation Regulation for companies depend on their respective role within the supply chain and the size of the company. In particular, companies that place relevant raw materials or products on the EU market for the first time must provide a due diligence statement. Proof of deforestation-free status means that the raw materials were produced on land where no deforestation has occurred since December 31, 2020, or, in the case of wood and wood products, where no forest degradation has occurred. Simplified requirements apply to micro or small primary operators.
In the downstream supply chain, information such as the reference numbers of the due diligence statements must be collected and stored. If downstream companies obtain information indicating that due diligence obligations may not have been met, authorities must be notified or internal audits must be conducted. The exact obligations that apply depend, on the one hand, on the size of the company and, on the other hand, on whether the first distributor is a direct supplier to the company or whether the company is further down the supply chain.
For companies, this means a comprehensive duty of transparency throughout the supply chain, coupled with significant due diligence obligations in procurement, documentation, and risk analysis.
1 Size categories pursuant to Sections 267 and 267a of the German Commercial Code (HGB) (based on EU Accounting Directive 2013/34/EU): The decisive factor is whether at least 2 out of 3 thresholds are exceeded.