What can be considered as relevant legislation of the country of production?
1 Answer
Anonymous User
The basis for determining whether a relevant commodity or relevant product is produced in accordance with the relevant legislation of the country of production are the laws of the country in which the commodity was grown, harvested, obtained from, or raised on relevant plots of land or as regards cattle, in establishments.
The EUDR takes a flexible approach by listing several areas of law without specifying particular laws, as these differ from country to country and may be subject to amendments. However, only the applicable laws concerning the legal status of the area of production constitute relevant legislation. This means that the relevance of laws is not determined by the fact that they may apply generally during the production process of commodities or apply to the supply chains of relevant products and relevant commodities, but by the fact that these laws apply with specific regard to the legal status of the land on which the commodities were produced.
Legislation is also relevant if its contents can be linked to halting deforestation and forest degradation in the context of the Union’s commitment to address climate change and biodiversity loss.
The following list gives some concrete examples which are for illustration purposes only and cannot be considered necessarily exhaustive:
- Land use rights, including laws on harvesting and producing on the land or on the management of the land.
- Environmental protection. A link to the objective of halting deforestation and forest degradation, the reduction of greenhouse gas emissions or the protection of biodiversity exists, for example, in legislation on protected areas, legislation on nature protection and nature restoration, legislation on the protection and conservation of wildlife and biodiversity, legislation on endangered species, legislation on land development.
- Forest-related rules, including forest management and biodiversity conservation, where directly related to wood harvesting.
- Third parties right, including rights to use and tenure affected by producing the relevant commodities and products, and traditional land use rights of indigenous peoples and local communities; this may include rights to land charge or usufructuary rights.
- Labor rights and human rights protected under international law, applying either to people being present in the area of production of relevant commodities, or to people with rights to the area of production of relevant commodities or products, including indigenous peoples’ and local communities’ rights.
- Tax, anti-corruption, trade, and customs regulations.
- Applicable laws concerning the relevant supply chains entering the Union market, or leaving it, if they have a specific link to the objectives of the Regulation, or, in the case of trade and customs laws, if they specifically concern the relevant sectors of agricultural or timber production.