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EUDR Glossary

This article gives you an overview of the most frequently used expressions in relation to EUDR

Sabine avatar
Written by Sabine
Updated over a month ago

TERM

DEFINITION

Relevant commodities

Cattle, cocoa, coffee, oil palm, rubber, soya and wood

Relevant products

Products listed in Annex I (HS Codes) that contain, have been fed with or have been made using relevant commodities

Key roles and entities

Authorised representative

Any natural or legal person established in the Union who, in accordance with Article 6, has received a written mandate from an operator or from a trader to act on its behalf in relation to specified tasks with regard to the operator’s or the trader’s obligations under this Regulation

Competent Authorities

The authorities designated under Article 14(1) → Member States shall designate one or more competent authorities responsible for fulfilling the obligations arising from this Regulation.

Customs Authorities

The customs administrations of the Member States responsible for applying the customs legislation and any other authorities empowered under national law to apply certain customs legislation (Article 5, point (1), of Regulation (EU) No 952/2013)

Producer

A producer is defined as any legal or natural person who produces relevant commodities. This definition encompasses a wide range of actors involved in the production of commodities covered by the EUDR, including farmers, agricultural companies, and forestry operations.

Operator

An operator is a natural or legal person who places relevant products on the market (incl. via an import) or exports them in the course of commercial activity.

Trader

Any person in the supply chain other than the operator who, in the course of a commercial activity, makes relevant products available on the market under the Regulation, depending on specific situations.

SME

Micro, small and medium-sized undertakings as defined in Article 3 of Directive 2013/34/EU of the European Parliament and of the Council (19)

Undertakings which on their balance sheet dates do not exceed the limits of at least two of the three following criteria:

Micro

  • balance sheet total: EUR 350,000

  • net turnover: EUR 700,000

  • average number of employees during the financial year: 10

Small

  • balance sheet total: EUR 4,000,000

  • net turnover: EUR 8,000,000

  • average number of employees during the financial year: 50

  • Member States may define thresholds exceeding the thresholds. However, the thresholds shall not exceed EUR 6,000,000 for the balance sheet total and EUR 12,000,000 for the net turnover.

Medium

  • balance sheet total: EUR 20,000,000

  • net turnover: EUR 40,000,000

  • average number of employees during the financial year: 250

Non-SME trader

A non-SME trader is a trader which is not a small and medium-sized undertaking pursuant to Art. 2(30) of the Regulation. This will essentially include any large company that is not an operator and commercialises the products included in Annex I on the EU market, for instance, large supermarket or retail chains.

Negligible risk

Negligible risk refers to the level of risk that applies to relevant products to be placed on the market or exported, where, on the basis of a full assessment of product-specific and general information, and, where necessary, of the application of the appropriate mitigation measures, those commodities or products show no cause for concern as to not comply with Article 3, point (a) or (b).

Forest & land use

Deforestation

The conversion of forest to agricultural use, whether human-induced or not;

Forest degradation

Structural changes to forest cover, taking the form of the conversion of:

  • primary forests or naturally regenerating forests into plantation forests or into other wooded land

  • primary forests into planted forests

Deforestation-free

The relevant products contain, have been fed with or have been made using, relevant commodities that were produced on land that has not been subject to deforestation after 31 December, 2020

&

In the case of relevant products that contain or have been made using wood, that the wood has been harvested from the forest without inducing forest degradation after 31 December, 2020.

Forest

Land spanning more than 0,5 hectares with trees higher than 5 metres and a canopy cover of more than 10 %, or trees able to reach those thresholds in situ, excluding land that is predominantly under agricultural or urban land use

Primary forest

Naturally regenerated forest of native tree species, where there are no clearly visible indications of human activities and the ecological processes are not significantly disturbed

Naturally regenerating forest

Forest predominantly composed of trees established through natural regeneration; it includes the following

(a) forests for which it is not possible to distinguish whether planted or naturally regenerated;

(b) forests with a mix of naturally regenerated native tree species and planted or seeded trees, and where the

naturally regenerated trees are expected to constitute the major part of the growing stock at stand maturity;

(c) coppice from trees originally established through natural regeneration;

(d) naturally regenerated trees of introduced species

Planted Forest

Forest predominantly composed of trees established through planting and/or deliberate seeding, provided that the planted or seeded trees are expected to constitute more than 50 % of the growing stock at maturity; it includes coppice from trees that were originally planted or seeded

Plantation Forest

A planted forest that is intensively managed and meets, at planting and stand maturity, all the following criteria: one or two species, even age class, and regular spacing; it includes short rotation plantations for wood, fibre and energy, and excludes forests planted for protection or ecosystem restoration, as well as forests established through planting or seeding, which at stand maturity resemble or will resemble naturally regenerating forests

Other wooded land

Land not classified as ‘forest’ spanning more than 0,5 hectares, with trees higher than 5 metres and a canopy cover of 5 to 10 %, or trees able to reach those thresholds in situ, or with a combined cover of shrubs, bushes and trees above 10 %, excluding land that is predominantly under agricultural or urban land use

Agricultural use

Use of land for the purpose of agriculture, including for agricultural plantations and set-aside agricultural areas, and for rearing livestock

Agricultural plantation

Land with tree stands in agricultural production systems, such as fruit tree plantations, oil palm plantations, olive orchards and agroforestry systems where crops are grown under tree cover; it includes all plantations of relevant commodities other than wood; agricultural plantations are excluded from the definition of ‘forest’

Trade, market access & commercial activity

Produced

Grown, harvested, obtained from or raised on relevant plots of land or, as regards cattle, on establishments

Placing on the market

The first making available of a relevant commodity or relevant product on the Union market

Making available on the market

Any supply of a relevant product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge

In the course of a commercial activity

For the purpose of processing, for distribution to commercial or non-commercial consumers, or for use in the business of the operator or trader itself

Substantiated concern

A duly reasoned claim based on objective and verifiable information regarding non-compliance with this Regulation and which could require the intervention of competent authorities.

Release for free circulation

The procedure laid down in Article 201 of Regulation (EU) No 952/2013

  1. Non-Union goods intended to be put on the Union market or intended for private use or consumption within the customs territory of the Union shall be placed under release for free circulation.

  2. Release for free circulation shall entail the following:

(a) the collection of any import duty due;

(b) the collection, as appropriate, of other charges, as provided for under relevant provisions in force relating to the collection of those charges;

(c) the application of commercial policy measures and prohibitions and restrictions insofar as they do not have to be applied at an earlier stage; and

(d) completion of the other formalities laid down in respect of the import of the goods.

  1. Release for free circulation shall confer on non-Union goods the customs status of Union goods.

Export

The procedure laid down in Article 269 of Regulation (EU) No 952/2013

  1. Union goods to be taken out of the customs territory of the Union shall be placed under the export procedure.

  2. Paragraph 1 shall not apply to any of the following Union goods:

(a) goods placed under the outward processing procedure;

(b) goods taken out of the customs territory of the Union after having been placed under the end-use procedure;

(c) goods delivered, VAT or excise duty exempted, as aircraft or ship supplies, regardless of the destination of the aircraft or ship, for which a proof of such supply is required;

(d) goods placed under the internal transit procedure;

(e) goods moved temporarily out of the customs territory of the Union in accordance with Article 155.

  1. The formalities concerning the export customs declaration laid down in the customs legislation shall apply in the cases referred to in points (a), (b) and (c) of paragraph 2.

Relevant products entering the market

Relevant products from third countries placed under the customs procedure ‘release for free circulation’ that are intended to be placed on the Union market and are not intended for private use or consumption within the customs territory of the Union

Origin, production & geographical information

Country of origin

A country or territory as referred to in Article 60 of Regulation (EU) No 952/2013

  1. Goods wholly obtained in a single country or territory shall be regarded as having their origin in that country or territory.

  1. Goods the production of which involves more than one country or territory shall be deemed to originate in the country or territory where they underwent their last, substantial, economically-justified processing or working, in an undertaking equipped for that purpose, resulting in the manufacture of a new product or representing an important stage of manufacture.

Country of production

The country or territory where the relevant commodity or the relevant commodity used in the production of, or contained in, a relevant product was produced

Plot of land

Land within a single real-estate property, as recognised by the law of the country of production, which enjoys sufficiently homogeneous conditions to allow an evaluation of the aggregate level of risk of deforestation and forest degradation associated with relevant commodities produced on that land

Geolocation

The geographical location of a plot of land described by means of latitude and longitude coordinates corresponding to at least one latitude and one longitude point and using at least six decimal digits.

For plots of land of more than four hectares used for the production of the relevant commodities other than cattle, this shall be provided using polygons with sufficient latitude and longitude points to describe the perimeter of each plot of land.

Relevant legislation of the country of production

Laws applicable in the country of production concerning the legal status of the area of production in terms of:

(a) land use rights

(b) environmental protection

(c) forest-related rules, including forest management and biodiversity conservation, where directly related to wood harvesting

(d) third parties’ rights

(e) labour rights

(f) human rights protected under international law

(g) the principle of free, prior and informed consent (FPIC), including as set out in the UN Declaration on the Rights of Indigenous Peoples

(h) tax, anti-corruption, trade and customs regulations

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