Certain entities will be subject to new obligations under Regulation (EU) 2023/1115 on the making available on the EU market and the export from the EU of certain commodities and products associated with deforestation and forest degradation from. The obligations will apply to entities supplying cattle, cocoa, coffee, palm oil, rubber, soya and timber or products made from these commodities. Manufacturers and suppliers of relevant medical devices will have to monitor their supply chain, trace material origins and ensure sustainable sourcing.
For EUDR, the key set of so-called relevant commodities is cattle, cocoa, coffee, oil palm, rubber, soy and timber. Specifically, however, the obligations under the EUDR will apply to the so-called relevant products, a full list of which is given in Annex I of the EUDR, where the relevant products are grouped by CN code (CN code = Combined Nomenclature code). The CN code is the basis for the declaration of goods for import into the EU or for export from the EU. It is therefore the case that commodities and products are classified in Annex I according to the CN codes. Furthermore, the EUDR only applies to products listed in Annex I of the EUDR. Products not listed in Annex I are not subject to the EUDR requirements, even if they contain one of the relevant commodities. In practice, this will mean, for example, that soap will not be covered by the EUDR even if it contains palm oil.
The EUDR will be reflected in the Czech legal system by an amendment to the Act No. 226/2013 Coll., on the placing on the market of timber and timber products. According to the amendment, a new administrative authority is to be established, namely the National Forestry Institute. Furthermore, the amendment implements the relevant provisions of the EUDR and establishes the authorities that will carry out spot checks on entities to determine whether entities comply with the EUDR and whether specific products placed on/supplied to the EU market or exported comply with the EUDR. However, there is still no clear procedure for checking compliance with EUDR obligations.
Finally, the amendment regulates sanctions for non-compliance with the EUDR and sets out new procedures and activities of the Customs Administration of the Czech Republic in relation to the EUDR. Finally, it’s worth noting that on 16. 10. 2024, the Council of the EU agreed to postpone EUDR's entry into force by 12 months. The postponement is essential, as the EUDR systems are not fully ready, leaving many operators uncertain due to unresolved practical questions.
Author: Alžběta Frýdlová