The EU deforestation regulation and authorised representatives

Deforestation in forest Estonia EU

The European Union has introduced Regulation (EU) 2023/1115, also known as the EU deforestation regulation (EUDR), which aims to minimise the EU’s contribution to global deforestation and forest degradation. The regulation establishes strict requirements for operators placing certain commodities and products (such as cattle, cocoa, coffee, palm oil, rubber, soya, and wood) on the EU market or exporting them from the EU.

The regulation provides operators and traders with the possibility to mandate an authorised representative (AR) to submit due diligence statements on their behalf. This option can help companies, especially those established outside the EU, to comply with the regulatory requirements efficiently.

Tasks of the authorised representative

According to Article 6 of the regulation, authorised representatives have the following responsibilities:

  • 1. Submit due diligence statements pursuant to Article 4(2) on behalf of operators or traders.

  • 2. Provide copies of their mandate in an official EU language upon request from competent authorities.
  • 3. For micro-enterprises and natural persons acting as operators, the next operator or trader in the supply chain can act as an AR.

It’s important to note that even when using an AR, the operator or trader retains responsibility for the compliance of their products with Article 3 of the regulation.

Due diligence statement

A key requirement under the EUDR is the submission of due diligence statements. According to Annex II of the regulation, these statements must contain:

  • 1. Operator details including name, address, and EORI number (if applicable)
  • 2. Product information (HS code, description, quantity)
  • 3. Country of production and geolocation data
  • 4. Reference numbers of existing due diligence statements (if applicable)
  • 5. Confirmation of due diligence completion
  • 6. Authorised signature

Here’s a template format for the due diligence statement:

Due Diligence Statement
  1. Operator information:
    • Name: [Company name]
    • Address: [Full address]
    • EORI number: [If applicable]
  2. Product information:
    • HS code: [Code]
    • Description: [Including trade name and scientific name if applicable]
    • Quantity: [In kg net mass and/or supplementary units]
  3. Production information:
    • Country of production: [Country]
    • Geolocation: [Coordinates of production plots]
  4. Reference number: [If referring to existing statement]
  5. Declaration:

    “By submitting this due diligence statement the operator confirms that due diligence in accordance with Regulation (EU) 2023/1115 was carried out and that no or only a negligible risk was found that the relevant products do not comply with Article 3, point (a) or (b), of that Regulation.”

  6. Signature:
    • Signed for and on behalf of: [Company name]
    • Date: [Date]
    • Name and function: [Name/position]
    • Signature: [Signature]

When acting as an authorised representative under the EUDR, we additionally fulfil all tasks and obligations as described in Regulation (EU) 2019/1020 on market surveillance and compliance of products, ensuring comprehensive compliance coverage for our clients.

Ferry Vermeulen CO-Founder 24hour-AR

Author Ferry Vermeulen is the Co-Founder of 24hour-AR, a company dedicated to providing authorised representative services as well as CE marking services. With a background in industrial design engineering, Ferry specialises in facilitating swift compliance with EU regulations, enabling manufacturers to enter markets seamlessly.

Q&A section

Any unanswered questions? Let us know below and we will get back to you:

Leave A Comment

 

Related posts

  • Most non-EU manufacturers think their AR is doing a full CE assessment - but they’re not (and that could cost you your market access)

    Most non-EU manufacturers think their AR is doing a full CE assessment – but they’re not (and that could cost you your market access)

    Why your current understanding of what an AR does is putting your EU compliance at risk (and what to do instead)

  • Authorised representatives: are you ready to be held liable?

    For the first time, authorised representatives will be directly and statutorily liable under the EU’s product liability regime.

  • storage space

    Understanding the “Responsible Person” role under the GPSR

    Understand the GPSR 'Responsible Person' role and 24hour-AR's proactive compliance approach for EU product safety