### (33) on the basis of a systemic approach , operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the union market comply with the deforestation-free and legality requirements of this regulation. to that end , operators should establish and implement due diligence procedures. the due diligence procedure required by this regulation should include three elements: information requirements , risk assessment and risk mitigation measures. the due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the union market , including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled , inter alia by identifying the country and area of production , including geo-location coordinates of relevant plots of land. these geo-location coordinates that rely on timing , positioning and/or earth observation could make use of space data and services delivered under the union’s space programme (egnos/galileo and copernicus). on the basis of this information , operators should carry out a risk assessment. where a risk is identified , operators should mitigate such risk to achieve no or negligible risk. only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this regulation , should the operator be allowed to place the relevant commodity or product on the union market or to export it. ### (33) on the basis of a systemic approach , operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the union market comply with the deforestation-free and legality requirements of this regulation. to that end , operators should establish and implement due diligence procedures. the due diligence procedure required by this regulation should include three elements: information requirements , risk assessment and risk mitigation measures. the due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the union market , including information demonstrating that the absence of deforestation , conversion of natural ecosystems and forest and ecosystems degradation and legality requirements are fulfilled , inter alia by identifying the country and area of production , including geo-location coordinates of relevant plots of land. these geo-location coordinates that rely on timing , positioning and/or earth observation could make use of space data and services delivered under the union’s space programme (egnos/galileo and copernicus). on the basis of this information , operators should carry out a risk assessment. where a risk is identified , operators should mitigate such risk to achieve no or negligible risk. only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this regulation , should the operator be allowed to place the relevant commodity or product on the union market or to export it.


### (33) on the basis of a systemic approach , operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the union market comply with the deforestation-free and legality requirements of this regulation. to that end , operators should establish and implement due diligence procedures. the due diligence procedure required by this regulation should include three elements: information requirements , risk assessment and risk mitigation measures. the due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the union market , including information demonstrating that the absence of deforestation and forest degradation and legality requirements are fulfilled , inter alia by identifying the country and area of production , including geo-location coordinates of relevant plots of land. these geo-location coordinates that rely on timing , positioning and/or earth observation could make use of space data and services delivered under the union’s space programme (egnos/galileo and copernicus). on the basis of this information , operators should carry out a risk assessment. where a risk is identified , operators should mitigate such risk to achieve no or negligible risk. only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this regulation , should the operator be allowed to place the relevant commodity or product on the union market or to export it. ### (33) on the basis of a systemic approach , operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the union market comply with the deforestation-free and legality requirements of this regulation. to that end , operators should establish and implement due diligence procedures. the due diligence procedure required by this regulation should include three elements: information requirements , risk assessment and risk mitigation measures. the due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the union market , including information demonstrating that the absence of deforestation , conversion of natural ecosystems and forest and ecosystems degradation and legality requirements are fulfilled , inter alia by identifying the country and area of production , including geo-location coordinates of relevant plots of land. these geo-location coordinates that rely on timing , positioning and/or earth observation could make use of space data and services delivered under the union’s space programme (egnos/galileo and copernicus) at regular intervals (data possible every 5 hours) and at very low cost compared to previous systems based on us satellites. on the basis of this information , operators should carry out a risk assessment. where a risk is identified , operators should mitigate such risk to achieve no or negligible risk. only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this regulation , should the operator be allowed to place the relevant commodity or product on the union market or to export it.


### (47) for this reason , the commission should assess the deforestation and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative , objective and internationally recognised data , and indications that the countries are actively engaged in fighting deforestation and forest degradation. this benchmarking information should make it easier for operators in the union to exercise due diligence and for competent authorities to monitor and enforce compliance , while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. this should help making supply chains more transparent and sustainable. this benchmarking system should be based on a three-tier classification of countries to be regarded as low , standard or high risk. in order to ensure appropriate transparency and clarity , the commission should in particular make publicly available the data being used for benchmarking , the reasons for the proposed change of classification and the reply of the country concerned. for relevant commodities and products from low risk countries or parts of countries identified as low-risk , operators should be allowed to apply a simplified due diligence , whilst competent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. the commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this regulation. ### (47) for this reason , the commission should assess the deforestation and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative , objective and internationally recognised data , and indications that the countries are actively engaged in fighting deforestation and forest degradation. this benchmarking information should make it easier for operators in the union to exercise due diligence and for competent authorities to monitor and enforce compliance , while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. this should help making supply chains more transparent and sustainable. this benchmarking system should be based on a two-tier classification of countries to be regarded as standard or high risk. in order to ensure appropriate transparency and clarity , the commission should in particular make publicly available the data being used for benchmarking , the reasons for the proposed change of classification and the reply of the country concerned. the commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a high risk of producing relevant commodities and products that are not compliant with this regulation.


### (54) while this regulation addresses deforestation and forest degradation , as envisaged in the 2019 communication ’stepping up eu action to protect and restore the world’s forests , protecting forests should not lead to the conversion or degradation of other natural ecosystems. ecosystems such as wetlands , savannahs and peatlands are highly significant to global efforts to combat climate change , as well as other sustainable development goals and their conversion or degradation require particular urgent attention. to address this , the commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. at the same time , the commission should also undertake a review of the relevant products as listed in annex i of this regulation by way of a delegated act. ### (54) this regulation addresses deforestation and forest degradation , as envisaged in the 2019 communication ’stepping up eu action to protect and restore the world’s forests , as well as the conversion or degradation of other natural ecosystems. ecosystems such as wetlands , savannahs and peatlands are highly significant to global efforts to combat climate change , as well as other sustainable development goals and their conversion or degradation require particular urgent attention. the commission should assess the need and feasibility of extending the scope to further commodities two years after the entry into force. at the same time , the commission should also undertake a review of the relevant products as listed in annex i of this regulation by way of a delegated act.


### (57) regulation (ec) no 2173/2005 lays down union procedures for the implementation of a flegt licensing scheme through bilateral voluntary partnership agreements (vpas) with timber-producing countries. to respect bilateral commitments that the european union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (flegt licensing stage) , this regulation should include a provision declaring wood and wood-based products covered by a valid flegt license as fulfilling the legality requirement under this regulation. ### (57) regulation (ec) no 2173/2005 lays down union procedures for the implementation of a flegt licensing scheme through bilateral voluntary partnership agreements (vpas) with timber-producing countries. to respect bilateral commitments that the european union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (flegt licensing stage) , this regulation should include a provision declaring wood and wood-based products covered by a valid flegt license as fulfilling the legality requirement under this regulation. this regulation should lay down the steps required for wood and wood-based products covered by a valid flegt licenses to fulfil the deforestation-free requirement. the regulation should foresee specific technical and financial support to vpa partner countries that are willing to revise their timber legality assurance systems which verify that wood and wood-based products conform to national laws and provide the basis for flegt licensing to ensure the required sustainability criteria are met.


### (57) regulation (ec) no 2173/2005 lays down union procedures for the implementation of a flegt licensing scheme through bilateral voluntary partnership agreements (vpas) with timber-producing countries. to respect bilateral commitments that the european union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (flegt licensing stage) , this regulation should include a provision declaring wood and wood-based products covered by a valid flegt license as fulfilling the legality requirement under this regulation. ### (57) regulation (ec) no 2173/2005 lays down union procedures for the implementation of a flegt licensing scheme through bilateral voluntary partnership agreements (vpas) with timber-producing countries. to respect bilateral commitments that the european union has entered into and to preserve the progress achieved with partner countries that have an operating system in place (flegt licensing stage) , this regulation should include a provision declaring wood and wood-based products covered by a valid flegt license as fulfilling the legality requirement under this regulation. the commission will engage with vpa partner countries on ways to address the deforestation and forest degradation requirements under this regulation in the context of the vpas and/or other partnership and cooperation mechanisms.


### (58) while this regulation addresses deforestation and forest degradation , as envisaged in the 2019 communication ’stepping up eu action to protect and restore the world’s forests , protecting forests should not lead to the conversion or degradation of other natural ecosystems. ecosystems such as wetlands , savannahs and peatlands are highly significant to global efforts to combat climate change , as well as other sustainable development goals and their conversion or degradation require particular urgent attention. an evaluation of the need and the feasibility of extending the scope of this regulation to other ecosystems than forests should therefore be undertaken within 2 years of the entry into force of this regulation. ### (58) this regulation addresses deforestation and forest degradation , as envisaged in the 2019 communication ’stepping up eu action to protect and restore the world’s forests , as well as the conversion or degradation of other natural ecosystems. ecosystems such as wetlands , savannahs and peatlands are highly significant to global efforts to combat climate change , as well as other sustainable development goals and their conversion or degradation require particular urgent attention.


### (58) while this regulation addresses deforestation and forest degradation , as envisaged in the 2019 communication ’stepping up eu action to protect and restore the world’s forests , protecting forests should not lead to the conversion or degradation of other natural ecosystems. ecosystems such as wetlands , savannahs and peatlands are highly significant to global efforts to combat climate change , as well as other sustainable development goals and their conversion or degradation require particular urgent attention. an evaluation of the need and the feasibility of extending the scope of this regulation to other ecosystems than forests should therefore be undertaken within 2 years of the entry into force of this regulation. ### (58) while this regulation addresses deforestation as well as forest and ecosystem degradation , as envisaged in the 2019 communication ’stepping up eu action to protect and restore the world’s forests , protecting forests should not lead to the conversion or degradation of other natural ecosystems. ecosystems such as wetlands , savannahs and peatlands are highly significant to global efforts to combat climate change , as well as other sustainable development goals and their conversion or degradation require particular urgent attention. an evaluation of the need and the feasibility of extending the scope of this regulation to further ecosystems which are not yet covered under this regulation and should therefore be undertaken within 2 years of the entry into force of this regulation.


### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya and wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to ### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of commodities listed in annex i (“relevant commodities”) and products that contain , have been fed with or have been made using relevant commodities or products deriving from them (“relevant products”) , with a view to


### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya and wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to ### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya , wood , maize and rubber (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to


### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya and wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to ### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya , wood , rubber , oil , bauxite , nickel , copper , iron , and gold (“relevant commodities”) and all products that contain , have been fed with or have been made using relevant commodities or products deriving from them (“relevant products”) , with a view to


### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , cocoa , coffee , oil palm , soya and wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to ### this regulation lays down rules regarding the placing and making available on the union market , as well as the export from the union market , of cattle , caoutchouc , cocoa , coffee , maize , oil palm , rubber , soya , poultry , sugar cane , wood and products made of wood (“relevant commodities”) and products , as listed in annex i , that contain , have been fed with or have been made using relevant commodities (“relevant products”) , with a view to


### minimising the union’s contribution to deforestation and forest degradation worldwide ### minimising the union’s contribution to deforestation and forest degradation and to the conversion and degradation of other ecosystems worldwide


### minimising the union’s contribution to deforestation and forest degradation worldwide ### to halt the union’s contribution to deforestation , forest degradation ecosystem conversion and ecosystem degradation worldwide


### minimising the union’s contribution to deforestation and forest degradation worldwide ### halt the union’s contribution to deforestation , forest degradation , ecosystem conversion and ecosystem degradation worldwide


### minimising the union’s contribution to deforestation and forest degradation worldwide ### to halt the union’s contribution to deforestation , and forest degradation ecosystem conversion and ecosystem degradation worldwide.


### (1) ‘deforestation’ means the conversion of forest to agricultural use , whether human-induced or not; ### (1) ‘deforestation’ means the conversion of forest to another land use , including agricultural use , whether human-induced or not; this definition also applies to the conversion of forests that are not plantation forests into plantation forests;


### (1) ‘deforestation’ means the conversion of forest to agricultural use , whether human-induced or not; ### (1) ‘deforestation’ means the conversion of forest to another land use , including agricultural use , whether human induced or not; this definition also applies to the conversion of forests that are not plantation forests into plantation forests;


### (1) ‘deforestation’ means the conversion of forest to agricultural use , whether human-induced or not; ### (1) 'deforestation' means the conversion , whether human-induced or not , of forest , in particular for agricultural or mining purposes , and including conversion of primary or old-growth forest to planted forest or plantation forest;


### (2) ‘forest’ means land spanning more than 0 ,5 hectares with trees higher than 5 meters and a canopy cover of more than 10% , or trees able to reach those thresholds in situ , excluding agricultural plantations and land that is predominantly under agricultural or urban land use; ### (2) ‘forest’ means land spanning more than 0 ,5 hectares with trees higher than 5 meters and a canopy cover of more than 10% , or trees able to reach those thresholds in situ , excluding agricultural plantations and land that is under other use , including agricultural or urban land use;


### (6) ‘forest degradation’ means harvesting operations that are not sustainable and cause a reduction or loss of the biological or economic productivity and complexity of forest ecosystems , resulting in the long-term reduction of the overall supply of benefits from forest , which includes wood , biodiversity and other products or services; ### (6) ‘forest degradation’ means changes within a forest that negatively affect its species composition , structure , and/or function and reduce the forest’s capacity to support biodiversity and/or deliver ecosystem services , whether human induced or not;


### (7) ‘sustainable harvesting operations’ means harvesting that is carried out considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts , in a way that avoids harvesting of stumps and roots , degradation of primary forests or their conversion into plantation forests , and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction and requirements to use logging systems that minimise impacts on soil quality , including soil compaction , and on biodiversity features and habitats; ### deleted


### (8) ‘deforestation-free’ means ### (8) ‘deforestation , conversion and degradation-free’ means


### that the relevant commodities and products , including those used for or contained in relevant products , were produced on land that has not been subject to deforestation after december 31 , 2020 , and ### that the relevant commodities and products , including those used for or contained in relevant products , were produced on land that has not been subject to deforestation or ecosystem conversion after december 31 , 2008 , and


### that the wood has been harvested from the forest without inducing forest degradation after december 31 , 2020; ### that the relevant commodities have been produced without inducing or contributing to forest or ecosystem degradation after december 31 , 2008;


### (16) ‘negligible risk’ means a full assessment of both the product-specific and the general information on compliance with articles 3(a) and 3(b) by relevant commodities or products showing no cause for concern; ### (16) ‘negligible risk’ means the level of risk that applies to relevant commodities and products to be placed on , or exported from , the union market when , following a full assessment of both the product-specific and the general information on compliance with articles 3(a) and 3(b) and the application of appropriate mitigation measures , by relevant commodities or products showing no cause for concern;


### (18) ‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation-free’ manner , or were not produced in accordance with the relevant legislation of the country of production , or both; ### (18) ‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation , conversion and degradation-free’ manner , or were not produced in accordance with the relevant legislation of the country of production , or both;


### (21) ‘substantiated concern' means well-founded claim based on objective and verifiable information regarding non-compliance with the present regulation and which may require the intervention of competent authorities; ### (21) ‘substantiated concern' means a claim based on objective and verifiable information regarding non-compliance with the present regulation and which may require the intervention of competent authorities;


### (28) ‘relevant legislation of the country of production’ means the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights , environmental protection , third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production; ### (28) ‘relevant law’ means


### (28) ‘relevant legislation of the country of production’ means the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights , environmental protection , third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production; ### (28) ‘relevant law means : a) the rules applicable in the country of production concerning the legal status of the area of production , land use rights , environmental protection , third parties’ rights , labour rights , and as well as relevant , tax , anti-corruption , trade , customs , payment and contract regulations under the legal framework applicable in the country of production


### they are deforestation-free; ### they are deforestation , conversion and degradation-free;


### they have been produced in accordance with the relevant legislation of the country of production; and ### they have been produced in accordance with the relevant law , as defined in article 2(28); and


### 2. operators that by exercising due diligence as referred to in article 8 have come to the conclusion that the relevant commodities and products comply with the requirements of this regulation shall make available to the competent authorities via the information system referred to in article 31 a due diligence statement before placing on the union market or exporting the relevant commodities and products. that statement shall confirm that due diligence was carried out and no or only negligible risk was found and shall contain the information set out in annex ii for the relevant commodities and products. ### 2. operators that by exercising due diligence as referred to in article 8 have come to the conclusion that the relevant commodities and products comply with the requirements of this regulation shall make available to the competent authorities via the information system referred to in article 31 a due diligence statement before placing on the union market or exporting the relevant commodities and products. that electronically available and transmittable and certified statement shall confirm that due diligence was carried out and disclose the steps that were taken in this regard to verify the compliance of the relevant commodities and products with this regulation , and explain the assessment why no or only negligible risk was found. it shall also contain the information set out in annex ii for the relevant commodities and products. statements and certification shall be published and made publicly available.


### 6. operators that have received new information , including substantiated concerns , that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this regulation shall immediately inform the competent authorities of the member states in which they placed the relevant commodity or product on the market. in the case of exports from the union market , the operators shall inform the competent authority of member state which is the country of production. ### 6. operators that have received new information , including substantiated concerns , that indicates a non-negligible risk that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this regulation shall immediately inform the competent authorities of the member states in which they placed the relevant commodity or product on the market as well as traders to whom they have supplied the relevant commodity or product in view of preventing further circulation on , or export from , the internal market. in the case of exports from the union market , the operators shall inform the competent authority of member state which is the country of production.


### 1. traders which are smes may only make available on the market relevant commodities and products if they are in possession of the information required under paragraph 2. ### 1. traders which are micro-enterprises may only make available on the market relevant commodities and products if they are in possession of the information required under paragraph 2.


### 2. traders which are smes shall collect and keep the following information relating to the relevant commodities and products they intend to make available on the market: ### 2. traders which are micro-enterprises shall collect and keep the following information relating to the relevant commodities and products they intend to make available on the market:


### 3. traders which are smes shall keep the information referred to in this article for at least 5 years and shall provide that information to the competent authorities upon request. ### 3. traders which are micro-enterprises shall keep the information referred to in this article for at least 5 years and shall provide that information to the competent authorities upon request.


### 4. traders which are smes that have received new information , including substantiated concerns , that the relevant commodity or product that they have already made available on the market is not in conformity with the requirements of this regulation shall immediately inform the competent authorities of the member states in which they made available the relevant commodity or product on the market. ### 4. traders which are micro-enterprises that have received new information , including substantiated concerns , that indicates a non-negligible risk that the relevant commodity or product that they have already made available on the market is not in conformity with the requirements of this regulation shall immediately inform the competent authorities of the member states in which they made available the relevant commodity or product on the market.


### 5. traders which are not smes shall be considered operators and be subject to obligations and provisions in articles 3 , 4 , 5 , 8 to 12 , 14(9) , 15 and 20 of this regulation with regard to the relevant commodities and products that they make available in the union market. ### 5. traders which are not micro-enterprises shall be considered operators and be subject to obligations and provisions in articles 3 , 4 , 5 , 8 to 12 , 14(9) , 15 and 20 of this regulation with regard to the relevant commodities and products that they make available in the union market.


### description , including the trade name and type of relevant commodities and products as well as , where applicable , the common name of the species and its full scientific name; ### description , including the trade name and type of relevant commodities and products as well as , where applicable , the common name of the species and its full scientific name; for relevant products , the description shall include mention of the relevant commodities , or products derived from them , that are contained as components or ingredients , used as feed or used in the production process;


### name , email and address of any business or person from whom they have been supplied with the relevant commodities or products; ### name , email and address of any business or person from whom they have been supplied with the relevant commodities or products and all other suppliers included upstream in the supply chain;


### adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of production , including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity; ### adequate and verifiable information that the production has been conducted in accordance with relevant international law and relevant legislation of the country of production , including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity;


### the assignment of risk to the relevant country or parts thereof in accordance with article 27; ### the assignment of high risk to the relevant country or parts thereof in accordance with article 27;


### the presence of forests in the country and area of production of the relevant commodity or product; ### the presence of forests or of other natural ecosystems in the country and area of production of the relevant commodity or product;


### prevalence of deforestation or forest degradation in the country , region and area of production of the relevant commodity or product; ### prevalence of deforestation , natural ecosystem conversion or forest and ecosystem degradation in the country , region and area of production of the relevant commodity or product;


### concerns in relation to the country of production and origin , such as level of corruption , prevalence of document and data falsification , lack of law enforcement , armed conflict or presence of sanctions imposed by the united nations security council or the council of the european union; ### concerns in relation to the country or part thereof of production and origin , such as level of corruption , prevalence of document and data falsification , lack of law enforcement , violation of rights of or violence against indigenous peoples , local communities or other customary tenure rights holders , as well as human rights defenders , armed conflict or presence of sanctions imposed by the united nations security council or the council of the european union;


### concerns in relation to the country of production and origin , such as level of corruption , prevalence of document and data falsification , lack of law enforcement , armed conflict or presence of sanctions imposed by the united nations security council or the council of the european union; ### concerns in relation to the country of production and origin or part thereof , such as level of corruption , prevalence of document and data falsification , lack of law enforcement , violation of rights of , or violence against , indigenous peoples , local communities or other customary tenure rights holders , as well as human rights and environmental human rights defenders , armed conflict or presence of sanctions imposed by the united nations security council or the council of the european union.


### the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation has occurred or is occurring; ### the risk of mixing with products of unknown origin or produced in areas where deforestation , ecosystem conversion or forest and ecosystem degradation as well as violations of the relevant law has occurred or is occurring;


### 3. wood products which are in scope of council regulation (ec) no 2173/2005 that are covered by a valid flegt license from an operational licensing scheme shall be deemed to be in compliance with article 3(b) of this regulation. ### 3. wood products which are in scope of council regulation (ec) no 2173/2005 that are covered by a valid flegt license from an operational licensing scheme shall be deemed to be in compliance with the rules applicable in the country of production , as defined in article 2 (28)(a) of this regulation.


### article 12 ### deleted


### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a plan based on a risk-based approach. the plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , the history of compliance of an operator or trader with this regulation and any other relevant information. based on the results of the checks and the experience on implementation of the plans , the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. when reviewing the plans , the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this regulation. ### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a plan based on a risk-based approach. the plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , previous failures of an operator or trader to ensure compliance with this regulation , the quantity of relevant commodities and products being placed or made available on the market by the operator or trader , the period of time since the risk assessment for the relevant commodities or products was completed , the proximity of the plots of land on which the relevant commodities and products were produced to forests and other natural ecosystems and any other relevant information. based on the results of the checks and the experience on implementation of the plans , the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness.


### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a plan based on a risk-based approach. the plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , the history of compliance of an operator or trader with this regulation and any other relevant information. based on the results of the checks and the experience on implementation of the plans , the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. when reviewing the plans , the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this regulation. ### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a plan based on a risk-based approach. the plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , previous failures of an operator or trader to ensure compliance with this regulation , the quantity of relevant commodities and products being placed or made available on the market by the operator or trader , the period of time since the risk assessment for the relevant commodities or products was completed , the proximity of the plots of land on which the relevant commodities and products were produced to forests and other natural ecosystems , and any other relevant information. based on the results of the checks and the experience on implementation of the plans , the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness.


### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a plan based on a risk-based approach. the plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , the history of compliance of an operator or trader with this regulation and any other relevant information. based on the results of the checks and the experience on implementation of the plans , the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. when reviewing the plans , the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this regulation. ### 3. to carry out the checks referred to in paragraph 1 , the competent authorities shall establish a plan based on a risk-based approach. the plan shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. in establishing and reviewing the risk criteria , the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with article 27 , the history of compliance of an operator or trader with this regulation and any other relevant information. based on the results of the checks and the experience on implementation of the plans , the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. when reviewing the plans , the competent authorities may establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this regulation.


### 9. each member state shall ensure that the annual checks carried out by their competent authorities cover at least 5% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as 5% of the quantity of each of the relevant commodities placed or made available on or exported from their market. ### 9. each member state shall ensure that the annual checks carried out by their competent authorities cover at least 10% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as 10% of the quantity of each of the relevant commodities placed or made available on or exported from their market.


### 9. each member state shall ensure that the annual checks carried out by their competent authorities cover at least 5% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as 5% of the quantity of each of the relevant commodities placed or made available on or exported from their market. ### 9. each member state shall ensure that the annual checks carried out by their competent authorities cover at least 10% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as at least 10% of the quantity of each of the relevant commodities placed or made available on or exported from their market.


### 11. without prejudice to the checks under paragraphs 5 and 6 , competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information , including based on substantiated concerns provided by third parties under article 29 , concerning potential non-compliance with this regulation. ### 11. without prejudice to the checks under paragraphs 5 and 6 , competent authorities shall , without undue delay , conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information , including based on substantiated concerns provided by third parties under article 29 , concerning potential non-compliance with this regulation.


### 11. without prejudice to the checks under paragraphs 5 and 6 , competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information , including based on substantiated concerns provided by third parties under article 29 , concerning potential non-compliance with this regulation. ### 11. without prejudice to the checks under paragraphs 5 and 6 , competent authorities shall conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information , including based on the rapid alert mechanism or on substantiated concerns provided by third parties under article 29 , concerning potential non-compliance with this regulation.


### 12. checks shall be carried out without prior warning of the operator or trader , except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks. ### 12. checks shall be carried out without prior warning of the operator or trader to avoid falsification or fraud.


### and , where appropriate , ### deleted


### on the ground examination of relevant commodities and products with a view to ascertaining their conformity to the documentation used for exercising due diligence; ### on the ground examination of relevant commodities and products with a view to ascertaining their conformity to the documentation used for exercising due diligence;


### spot checks , including field audits , including where appropriate in third countries through cooperation with the administrative authorities of third countries. ### spot checks , including field audits , including where appropriate in third countries through cooperation with the administrative authorities of third countries; the procedures facilitating the checks should be optimised with the intention of maximising efficacy and minimising administrative burden , particularly through use of satellite or orthophotograph images , digitisation and interoperability between databases. the checks should be risk-based i.e. based on risk of deforestation within a sub-region , but also including a random element within the region , in order to ensure efficacy of the control approach , and bearing in mind that the situation on the ground is not static and deforestation can be relatively rapid. follow-up checks may also be needed to ensure the aims of this regulation are met.


### 1. competent authorities shall cooperate with each other , with authorities from other member states , with the commission , and if necessary , with administrative authorities of third countries in order to ensure compliance with this regulation. ### 1. competent authorities shall cooperate with each other , with authorities from other member states , with the commission and , if necessary , with administrative authorities of third countries in order to ensure compliance with this regulation , including as regards the implementation of field audits.


### 3. competent authorities shall exchange information necessary for the enforcement of this regulation. this shall include giving access to and exchange of data on operators and traders including due diligence statements with other member states’ competent authorities to facilitate the enforcement of this regulation. ### 3. competent authorities shall exchange information necessary for the enforcement of this regulation. this shall include giving access to and exchange of data on operators and traders including due diligence statements , the nature and results of the controls carried out and any sanctions imposed with other member states’ competent authorities to facilitate the enforcement of this regulation.


### 4. competent authorities shall immediately alert competent authorities of other member states and the commission when they detect infringement of this regulation and serious shortcomings that may affect more than one member state. competent authorities shall , in particular , inform competent authorities of other member states when they detect a relevant commodity or product on the market that is not compliant with this regulation , to enable the withdrawal or recall of such commodity or product from sales in all member states. ### 4. competent authorities shall immediately alert competent authorities of other member states and the commission when they detect an actual or potential infringement of this regulation and serious shortcomings that may affect more than one member state. competent authorities shall , in particular , inform competent authorities of other member states when they detect a relevant commodity or product on the market that is , or may be , not compliant with this regulation , to enable the withdrawal or recall of such commodity or product from sales in all member states or to support enforcement action by these competent authorities.


### 1. member states shall make available to the public and the commission , at the latest by 30 april of each year , information on the application of this regulation during the previous calendar year. this information shall include their plans for checks , the number and the results of the controls carried out on operators and traders , including the contents of these checks , the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market , the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the costs of controls recovered. ### 1. member states shall make available to the public and the commission , at the latest by 30 april of each year , information on the application of this regulation during the previous calendar year. this information shall include their plans for checks and the risk criteria on which they are based , the number and the results of the checks carried out on operators and traders , including the results of these checks , the number and the results of the controls carried out on relevant commodities and products including the results of these controls , the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market , the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the operators and traders against whom such measures were taken as well as the trading name of the non-compliant products , the costs of enforcement activities recovered in each instance , and operators and traders who failed to fulfil their obligations under this regulation and against whom an administrative authority or court has imposed penalties in line with article 23 which are final within the preceding four years , including the trading name of the relevant non-compliant products..


### 1. member states shall make available to the public and the commission , at the latest by 30 april of each year , information on the application of this regulation during the previous calendar year. this information shall include their plans for checks , the number and the results of the controls carried out on operators and traders , including the contents of these checks , the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market , the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the costs of controls recovered. ### 1. member states shall make available to the public and the commission , at the latest by 30 april of each year , information on the application of this regulation during the previous calendar year. this information shall include their plans for checks and the risk criteria on which they are based , the number and the results of the checks carried out on operators and traders , including the results of these checks , the number and the results of the controls carried out on relevant commodities and products including the results of these controls , the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market , the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the operators and traders against whom such measures were taken as well as the trading name of the non-compliant products , the costs of enforcement activities recovered in each instance , and operators and traders who failed to fulfil their obligations under this regulation and against whom an administrative authority or court has imposed penalties in accordance with article 23 which are final within the preceding four years , including the trading name of the relevant non-compliant products.


### 1. member states shall make available to the public and the commission , at the latest by 30 april of each year , information on the application of this regulation during the previous calendar year. this information shall include their plans for checks , the number and the results of the controls carried out on operators and traders , including the contents of these checks , the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market , the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the costs of controls recovered. ### 1. member states shall make available to the public and the commission , at the latest by 30 april of each year , information on the application of this regulation during the previous calendar year. this information shall include their plans for checks , the number and the results of the controls carried out on operators and traders , including the contents of these checks , the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market , the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance , including the sanctions imposed , and the costs of controls recovered.


### where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with article 27 , or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain , each member state shall ensure that the annual checks carried out by their competent authorities cover at least 15% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as 15% of the quantity of each of the relevant commodities placed or made available on or exported from their market from high risk countries or parts thereof. ### where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with article 27 , or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain , each member state shall ensure that the annual checks carried out by their competent authorities cover at least 30% of the operators placing , making available on or exporting from the union market each of the relevant commodities and products on their market as well as 30% of the quantity of each of the relevant commodities and products placed or made available on or exported from their market from high risk countries or parts thereof. competent authorities shall ensure that the annual checks carried out on the basis of this article regularly include all of the elements listed in article 15.


### where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with article 27 , or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain , each member state shall ensure that the annual checks carried out by their competent authorities cover at least 15% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as 15% of the quantity of each of the relevant commodities placed or made available on or exported from their market from high risk countries or parts thereof. ### where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with article 27 , or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain , each member state shall ensure that the annual checks carried out by their competent authorities cover at least 20% of the operators placing , making available on or exporting from the union market each of the relevant commodities on their market as well as 20% of the quantity of each of the relevant commodities placed or made available on or exported from their market from high risk countries or parts thereof.


### where , following the checks referred to in article 15 and 16 , possible serious shortcomings have been detected , or risks have been identified pursuant to article 14(6) , the competent authorities may take immediate interim measures , including seizure or suspension of the placing or making available on and exporting from the union market of the relevant commodities and products. ### where , on the basis of the examination of evidence or other relevant information , including based on information exchanged under article 18 and substantiated concerns provided by third parties under article 29 , or following the checks referred to in article 15 and 16 , possible infringements of this regulation have been detected , or risks have been identified pursuant to article 14(6) , the competent authorities may take immediate interim measures , including seizure or suspension of the placing or making available on and exporting from the union market of the relevant commodities and products.


### where , following the checks referred to in article 15 and 16 , possible serious shortcomings have been detected , or risks have been identified pursuant to article 14(6) , the competent authorities may take immediate interim measures , including seizure or suspension of the placing or making available on and exporting from the union market of the relevant commodities and products. ### where , following the checks referred to in article 15 and 16 , possible serious shortcomings have been detected , or risks have been identified pursuant to article 14(6) , the competent authorities may take immediate interim measures , including seizure or suspension of the placing or making available on and exporting from the union market of the relevant commodities and products. member states shall inform the commission and the competent authorities of other member states about such measures directly.


### 1. without prejudice to article 23 , where competent authorities establish that an operator or trader has not complied with its obligations under this regulation or that a relevant commodity or product is not compliant with this regulation , they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end. ### 1. in addition to the imposition of penalties in line with article 23 , where competent authorities establish that an operator or trader has not complied with its obligations under this regulation or that a relevant commodity or product is not compliant with this regulation , they shall without delay require the relevant operator or trader to take corrective action to bring the non-compliance to an end within a specified and reasonable period of time.


### 1. without prejudice to article 23 , where competent authorities establish that an operator or trader has not complied with its obligations under this regulation or that a relevant commodity or product is not compliant with this regulation , they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end. ### 1. in addition to the imposition of penalties in accordance with article 23 , where competent authorities establish that an operator or trader has not complied with its obligations under this regulation or that a relevant commodity or product is not compliant with this regulation , they shall without delay require the relevant operator or trader to take corrective action to bring the non-compliance to an end within a specified and reasonable period of time.


### 1. without prejudice to article 23 , where competent authorities establish that an operator or trader has not complied with its obligations under this regulation or that a relevant commodity or product is not compliant with this regulation , they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end. ### 1. without prejudice to article 23 , where competent authorities establish that an operator or trader has not complied with its obligations under this regulation or that a relevant commodity or product is not compliant with this regulation , they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end as soon as possible.


### destroying the relevant commodity or product or donating it to charitable or public interest purposes. ### donating , where possible , the relevant commodity or product to charitable or public interest purposes or otherwise destroying it;


### destroying the relevant commodity or product or donating it to charitable or public interest purposes. ### donating the relevant commodity or product to charitable or public interest purposes.


### 3. if the operator or trader fails to take corrective action referred to in paragraph 2 or where the non-compliance referred to in paragraph 1 persists , competent authorities shall ensure that the product is withdrawn or recalled , or that its being made available on or exported from the union market is prohibited or restricted. ### 3. if the operator or trader fails to complete the corrective action referred to in paragraph 2 within the period of time specified by the competent authority under paragraph 1 , or where the non-compliance referred to in paragraph 1 persists after that period of time ends , competent authorities shall ensure that the relevant commodity or product is withdrawn or recalled , or that its being made available on or exported from the union market is prohibited or restricted.


### fines proportionate to the environmental damage and the value of the relevant commodities or products concerned , calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements , and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 4 % of the operators or trader’s annual turnover in the member state or member states concerned; ### fines proportionate to the environmental damage and the value of the relevant commodities or products concerned , calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements , and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 4 % of the operators or trader’s annual turnover in the union , calculated in accordance with article 5(1) of regulation (ec) 139/2004;


### fines proportionate to the environmental damage and the value of the relevant commodities or products concerned , calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements , and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 4 % of the operators or trader’s annual turnover in the member state or member states concerned; ### fines proportionate to the environmental damage and the value of the relevant commodities or products concerned , calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements , and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 15% of the operators or trader’s annual turnover in the member state or member states concerned and can be increased to ensure that the penalty exceeds the potential economic advantage gained;


### fines proportionate to the environmental damage and the value of the relevant commodities or products concerned , calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements , and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 4 % of the operators or trader’s annual turnover in the member state or member states concerned; ### penal and/or administrative fines proportionate to the environmental damage and the value of the relevant commodities or products concerned , calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements , and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 15 % of the operators or trader’s annual turnover in the union , calculated in accordance with article 5(1) of council regulation (ec) 139/20041a;


### 1. the commission shall develop an electronic interface based on the eu single window environment for customs to enable the transmission of data , in particular the notifications and requests referred to in article 24 , paragraphs 5 to 8 , between national customs systems and the information system referred to in article 31. this electronic interface shall be in place at the latest four years from the date of adoption of the relevant implementing act referred to in paragraph 3. ### 1. the commission shall develop an electronic interface based on the eu single window environment for customs to enable the transmission of data , in particular the notifications and requests referred to in article 24 , paragraphs 5 to 8 , between national customs systems and the information system referred to in article 31. this electronic interface shall be in place no later than 1 year from the date of adoption of the relevant implementing act referred to in paragraph 3.


### 2. the commission may develop an electronic interface based on the eu single window environment for customs to enable: ### 2. the commission shall develop an electronic interface based on the eu single window environment for customs to enable:


### 1. this regulation establishes a three-tier system for the assessment of countries or parts thereof. unless identified in accordance with this article as presenting a low or high risk , countries shall be considered as presenting a standard risk. the commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with article 3 , point (a). the list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in article 34(2). that list shall be updated as necessary in light of new evidence. ### 1. this regulation establishes a two-tier system for the assessment of countries or parts thereof. unless identified in accordance with this article as presenting a high risk , countries shall be considered as presenting a standard risk. the commission may identify countries or parts thereof that present a high risk of producing relevant commodities or products that are not compliant with article 3 , point (a). the list of the countries or parts thereof that present a high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in article 34(2). that list shall be updated as necessary in light of new evidence.


### 2. the identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall take into account information provided by the country concerned and be based on the following assessment criteria: ### 2. the identification of high risk countries or parts thereof pursuant to paragraph 1 shall follow a transparent assessment process which shall take into account information provided by the country concerned and by third parties , including indigenous peoples , local communities and civil society organisations and be based on the following assessment criteria:


### rate of deforestation and forest degradation , ### rate of deforestation ecosystem conversion and forest and ecosystems degradation ,


### production trends of relevant commodities and products , ### production transformation , and import trends of relevant commodities and products ,


### whether the nationally determined contribution (ndc) to the united nations framework convention on climate change covers emissions and removals from agriculture , forestry and land use which ensures that emissions from deforestation and forest degradation are accounted towards the country's commitment to reduce or limit greenhouse gas emissions as specified in the ndc; ### deleted


### agreements and other instruments concluded between the country concerned and the union that address deforestation or forest degradation and facilitates compliance of relevant commodities and products with the requirements of this regulation and their effective implementation; ### agreements and other instruments concluded between the country concerned and the union that address deforestation or forest degradation and facilitates compliance of relevant commodities and products with the requirements of this regulation provided that their timely and effective implementation has been ascertained on the basis of an objective and transparent assessment;


### agreements and other instruments concluded between the country concerned and the union that address deforestation or forest degradation and facilitates compliance of relevant commodities and products with the requirements of this regulation and their effective implementation; ### agreements and other instruments , including partnership and cooperation mechanisms referred to in article 28(1) concluded between the country concerned and the union that address deforestation or forest degradation and facilitates compliance of relevant commodities and products with the requirements of this regulation and their effective implementation;


### whether the country concerned has national or subnational laws in place , including in accordance with article 5 of the paris agreement , and takes effective enforcement measures to avoid and sanction activities leading to deforestation and forest degradation , and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation are applied. ### whether the country concerned has national or subnational laws in place , including in accordance with article 5 of the paris agreement , and takes effective enforcement measures to avoid and sanction activities leading to deforestation forest conversion and forest and ecosystem degradation , and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation forest conversion or forest and ecosystem degradation or non-compliance with the rules applicable in the country of production described in article 2(28) are applied.


### whether the country concerned has national or subnational laws in place , including in accordance with article 5 of the paris agreement , and takes effective enforcement measures to avoid and sanction activities leading to deforestation and forest degradation , and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation are applied. ### whether the country concerned has national or subnational laws in place , including in accordance with article 5 of the paris agreement and the united nations declaration on the rights of indigenous peoples , and takes effective enforcement measures to avoid and sanction activities related to the production of relevant commodities for export leading to deforestation forest conversion and forest and ecosystem degradation , and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation forest conversion or forest and ecosystem degradation or non-compliance with the rules applicable in the country of production described in article 2(28) are applied.


### 3. the commission shall notify the countries concerned of its intent to assign a change to the existing risk category and invite them to provide any information deemed useful in this regard. the commission shall allow the countries adequate time to provide a response , which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category. ### 3. the commission shall notify the countries concerned of its intent to assign a change to the existing risk category and invite them to provide any information deemed useful in this regard. it shall also carry out a public consultation to gather information and views from all interested parties , including in particular indigenous peoples , local communities small holders , women and civil society organisations. the commission shall allow the countries and other interested parties adequate time to provide a response , which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category.


### 3. the commission shall notify the countries concerned of its intent to assign a change to the existing risk category and invite them to provide any information deemed useful in this regard. the commission shall allow the countries adequate time to provide a response , which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category. ### 3. the commission shall notify the countries concerned of its intent to assign a change to the existing risk category and invite them to provide any information deemed useful in this regard. it shall also carry out a public consultation to gather information and views from all interested parties , including in particular vulnerable peoples , indigenous peoples , local communities small holders , women and civil society organisations. the commission shall allow the countries and other interested parties adequate time to provide a response , which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category.


### it shall include in the notification the following information: ### it shall include in the notification , and in the consultation , the following information:


### the consequences of its identification as a high or low risk country. ### the consequences of its identification as a high risk country.


### 1. the commission shall engage with producer countries concerned by this regulation to develop partnerships and cooperation to jointly address deforestation and forest degradation. such partnerships and cooperation mechanisms will focus on the conservation , restoration and sustainable use of forests , deforestation , forest degradation and the transition to sustainable commodity production , consumption processing and trade methods. partnerships and cooperation mechanisms may include structured dialogues , support programmes and actions , administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. such agreements and their effective implementation will be taken into account as part of the benchmarking under article 27 of this regulation. ### 1. the commission shall engage with producer countries concerned by this regulation , including countries exporting significant volumes of commodities listed in annex i , to develop partnerships and cooperation to jointly address the root causes of deforestation , ecosystems conversion and forest and ecosystem degradation. such partnerships and cooperation mechanisms shall be supported by adequate resources and shall focus on the conservation , restoration and sustainable use of forests , deforestation , ecosystem conversion , forest and ecosystem degradation , human rigths protection , and the transition to sustainable commodity production , consumption processing and trade methods , good governance as well as protecting the lives and livelihoods of forest dependent communities including indigenous peoples , local communities , other customary tenure right holders and smallholders. partnerships and cooperation mechanisms may include structured dialogues , support programmes and actions , administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. such agreements and their effective implementation will be taken into account as part of the benchmarking under article 27 of this regulation.


### 1. the commission shall engage with producer countries concerned by this regulation to develop partnerships and cooperation to jointly address deforestation and forest degradation. such partnerships and cooperation mechanisms will focus on the conservation , restoration and sustainable use of forests , deforestation , forest degradation and the transition to sustainable commodity production , consumption processing and trade methods. partnerships and cooperation mechanisms may include structured dialogues , support programmes and actions , administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. such agreements and their effective implementation will be taken into account as part of the benchmarking under article 27 of this regulation. ### 1. the commission shall engage with producer countries concerned by this regulation to develop partnerships and cooperation to jointly address the local causes of deforestation and forest degradation. such partnerships and cooperation mechanisms will focus on the conservation , restoration and sustainable use of forests , deforestation , forest degradation and the transition to sustainable commodity production , consumption processing and trade methods , cooperation with producer country customs authorities and other relevant law enforcement agencies , and securing the rights and livelihoods of forest-dependent communities including indigenous peoples , local communities and smallholders in ways that respect their culture , customs and ways of life. partnerships and cooperation mechanisms may include structured dialogues , support programmes and actions , administrative arrangements and provisions in existing agreements or agreements as well as trade incentives that enable producer countries to make the transition to production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. they should be based on time bound milestones agreed with local stakeholders. such agreements and their effective implementation will be taken into account as part of the benchmarking under article 27 of this regulation.


### 2. partnerships and cooperation should allow the full participation of all stakeholders , including civil society , indigenous people , local communities and the private sector including , smes and smallholders. ### 2. partnerships and cooperation should allow the full participation of all stakeholders , including civil society , indigenous peoples , local communities , women and the private sector including , smes and smallholders.


### 2. partnerships and cooperation should allow the full participation of all stakeholders , including civil society , indigenous people , local communities and the private sector including , smes and smallholders. ### 2. partnerships and cooperation should allow and monitor the full participation of all stakeholders , including civil society , indigenous peoples , local communities , women and the private sector including smes and smallholders. partnerships and cooperation should support – and , where not already present through existing agreements and dialogues such as flegt vpas , initiate – inclusive and participatory dialogue toward national legal and governance reform processes to enhance forest governance and address domestic factors contributing to deforestation , natural ecosystem conversion and forest and ecosystem degradation.


### 3. partnerships and cooperation shall promote the development of integrated land use planning processes , relevant legislations , fiscal incentives and other pertinent tools to improve forest and biodiversity conservation , sustainable management and restoration of forests , tackle the conversion of forests and vulnerable ecosystems to other land uses , optimise gains for the landscape , tenure security , agriculture productivity and competitiveness , transparent supply chains , strengthen the rights of forest dependent communities including smallholders , indigenous peoples and local communities , and ensure public access to forest management documents and other relevant information. ### 3. partnerships and cooperation shall promote the development of integrated land use planning processes , relevant legislations , including multi stakeholder processes to define the scope of relevant legislation , fiscal incentives and other pertinent tools to improve forest and biodiversity conservation , sustainable management and restoration of forests , tackle the conversion of forests and vulnerable ecosystems to other land uses , optimise gains for the landscape , tenure security , agriculture productivity and competitiveness , transparent supply chains , protect the rights of ownership , tenure and access to land , including rights of tree tenure for local and indigenous communities , and the right to give or withhold free , prior and informed consent , strengthen the rights of forest dependent communities including smallholders , indigenous peoples and local communities , strengthen national systems of governance and law enforcement , and ensure public access to forest management documents and other relevant information.


### 3. partnerships and cooperation shall promote the development of integrated land use planning processes , relevant legislations , fiscal incentives and other pertinent tools to improve forest and biodiversity conservation , sustainable management and restoration of forests , tackle the conversion of forests and vulnerable ecosystems to other land uses , optimise gains for the landscape , tenure security , agriculture productivity and competitiveness , transparent supply chains , strengthen the rights of forest dependent communities including smallholders , indigenous peoples and local communities , and ensure public access to forest management documents and other relevant information. ### 3. partnerships and cooperation shall in consultation with indigenous peoples , local communities , civil society organisations and smallholders and through participatory multi-stakeholder processes promote the development of integrated land use planning processes , relevant legislations and legal reforms , fiscal incentives and other pertinent tools to improve governance , forest and biodiversity conservation , sustainable management and restoration of forests , tackle the conversion of forests and vulnerable ecosystems to other land uses , optimise gains for the landscape , tenure security , agriculture productivity including agroecology and competitiveness , transparent supply chains , strengthen the rights of forest dependent communities including smallholders , indigenous peoples and local communities , seek the recognition and respect of their land rights and right to free , prior and informed consent , in accordance with international standards and ensure public access to forest management documents and other relevant information.


### 4. the commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and forest degradation , including in multilateral fora such as convention on biological diversity , food and agriculture organization of the united nations , united nations convention to combat desertification , united nations environment assembly , united nations forum on forests , united nations framework convention on climate change , world trade organisation , g7 and g20. such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest ecosystems. ### 4. the commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and forest degradation , including in multilateral fora such as convention on biological diversity , food and agriculture organization of the united nations , united nations convention to combat desertification , united nations environment assembly , united nations forum on forests , united nations framework convention on climate change , world trade organisation , g7 and g20. such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest and other natural ecosystems and related human rights.


### 2. competent authorities shall diligently and impartially assess the substantiated concerns and take the necessary steps , including checks and hearings of operators and traders , with a view to detecting potential breaches of the provisions of this regulation and , where appropriate , interim measures under article 21 to prevent the placing making available on and export from the union market of relevant commodities and products under investigation. ### 2. competent authorities shall diligently and impartially assess the substantiated concerns and take the necessary steps , including checks and hearings of operators and traders , with a view to detecting potential breaches of the provisions of this regulation and , where circumstances indicate a breach has likely occurred , appropriate , interim measures under article 21 to prevent the placing making available on and export from the union market of relevant commodities and products under investigation.


### 3. the competent authority shall , as soon as possible and in accordance with the relevant provisions of national law , inform the natural or legal persons referred to in paragraph 1 , which submitted observations to the authority , of its decision to accede to or refuse the request for action and shall provide the reasons for it. ### 3. the competent authority shall , within 30 days of receiving a substantiated concern , and in accordance with the relevant provisions of national law , inform the natural or legal persons referred to in paragraph 1 , which submitted observations to the authority , of its assessment of their substantiated concern pursuant to paragraph 2 , and the decision to accede to or refuse the request for action and shall provide the reasons for it and shall , where further action is taken pursuant to paragraph 2 , inform the natural or legal person of the further action taken and the outcome within 60 days of receiving the substantiated concern.


### 1. no later than two years after the entry into force , the commission shall carry out a first review of this regulation , and shall present a report to the european parliament and the council accompanied , if appropriate , by a legislative proposal. the report shall focus in particular on an evaluation of the need and the feasibility of extending the scope of this regulation to other ecosystems , including land with high carbon stocks and land with a high biodiversity value such as grasslands , peatlands and wetlands and further commodities. ### 1. no later than two years after the entry into force , the commission shall carry out a first review of this regulation , and shall present a report to the european parliament and the council accompanied , if appropriate , by a legislative proposal. the report shall focus in particular on an evaluation additional measures to strengthen the protection of forests , natural ecosystems , and human rights.


### 2. no later than five years after the entry into force and at least every five years thereafter , the commission shall carry out a general review of this regulation , and shall present a report to the european parliament and the council accompanied , if appropriate , by a legislative proposal. the first of the reports shall include in particular , based on specific studies , an evaluation of: ### 2. no later than five years after the entry into force and at least every five years thereafter , the commission shall carry out a general review of this regulation , and shall present a report to the european parliament and the council accompanied , if appropriate , by a legislative proposal.


### 2. no later than five years after the entry into force and at least every five years thereafter , the commission shall carry out a general review of this regulation , and shall present a report to the european parliament and the council accompanied , if appropriate , by a legislative proposal. the first of the reports shall include in particular , based on specific studies , an evaluation of: ### 2. no later than two years after the entry into force and at least every five years thereafter , the commission shall carry out a general review of this regulation , and shall present a report to the european parliament and the council accompanied , if appropriate , by a legislative proposal. the first of the reports shall include in particular , based on specific studies , an evaluation of:


### the need for and feasibility of additional trade facilitation tools to support the achievement of the objectives of the regulation including through recognition of certification schemes; ### deleted


### the impact of the regulation on farmers , in particular smallholders , indigenous peoples and local communities and the possible need for additional support for the transition to sustainable supply chains. ### deleted


### 3. without prejudice to the general review under paragraph 1 , a first review of annex i shall be carried out by the commission no later than two years after the entry into force of this regulation , and thereafter at regular intervals in order to assess whether it is appropriate to amend or extend the relevant products listed in annex i in order to ensure that all products that contain , have been fed with or have been made using relevant commodities are included in that list , unless the demand for those products has a negligible effect on deforestation. the reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest degradation , and take into account changes in consumption , as indicated by scientific evidence. ### 3. without prejudice to the general review under paragraph 1 , a first review of annex i shall be carried out by the commission no later than two years after the entry into force of this regulation , and thereafter at regular intervals in order to assess whether it is appropriate to amend or extend the relevant commodities listed in annex i in order to ensure the broadest application to commodities linked to deforestation , ecosystem conversion and forest and ecosystem degradation. the reviews shall be based on an assessment of the effect of the relevant commodities on deforestation , ecosystem conversion and forest and ecosystem degradation , and take into account changes in consumption , as indicated by scientific evidence.


### 4. following a review as set out in paragraph 3 , the commission may adopt delegated acts in accordance with article 33 to amend annex i to include relevant products that contain or have been made using relevant commodities. ### 4. following a review as set out in paragraph 3 , the commission may adopt delegated acts in accordance with article 33 to amend annex i to include additional relevant commodities.


### 4. before adopting a delegated act , the commission shall consult experts designated by each member state in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making. ### 4. before adopting a delegated act , the commission shall consult experts designated by each member state and the public , in accordance with the principles laid down in the interinstitutional agreement of 13 april 2016 on better law-making.


### goods as classified in the combined nomenclature set out in annex i to council regulation (eec) no 2658/87 , referred to in article 1 of this regulation68 . ### goods as classified in the combined nomenclature set out in annex i to council regulation (eec)no 2658/87 , referred to as “relevant commodities“ in article1 of this regulation68 : cattle , cocoa , coffee , maize , natural rubber (including natural rubber , balata , gutta-percha , guayule , chicle and similar natural gums) ,oil palm , poultry , soya , sheep and goats , swine , wood.


### goods as classified in the combined nomenclature set out in annex i to council regulation (eec) no 2658/87 , referred to in article 1 of this regulation68 . ### goods as classified in the combined nomenclature set out in annex i to council regulation (eec) no 2658/87 , referred to as “relevant commodities” in article 1 of this regulation68: bovine , cocoa , coffee , maize , natural rubber (including natural rubber , balata , gutta-percha , guayule , chicle and similar natural gums) , oil palm , poultry , soya , sheep and goats , swine , wood as well as commodities from mining and extractive industries including gold , diamonds , oil , gas , bauxite , nickel , copper and iron.