What changed, Regulation (EU) 2023/1115

+ ## CHAPTER 1 — GENERAL PROVISIONS
− ### art_1
+ ### Article 1 — Subject matter and scope
− Article 1
+ **1.** This Regulation lays down rules regarding the placing and making available on the Union market as well as the export from the Union of relevant products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities, namely cattle, cocoa, coffee, oil palm…
− 1. This Regulation lays down rules regarding the placing and making available on the Union market as well as the export from the Union of relevant products, as listed in Annex I, that contain, have been fed with or have been made using relevant commodities, namely cattle, cocoa, coffee, oil palm, ru…
+ **2.** Except as provided for in Article 37(3), this Regulation does not apply to relevant products listed in Annex I produced before the date indicated in Article 38(1).
− | (a) | minimising the Union’s contribution to deforestation and forest degradation worldwide, and thereby contributing to a reduction in global deforestation; |
− | --- | --- |
+ ### Article 2 — Definitions
− | (b) | reducing the Union’s contribution to greenhouse gas emissions and global biodiversity loss. |
− | --- | --- |
− 
− 2. Except as provided for in Article 37(3), this Regulation does not apply to relevant products listed in Annex I produced before the date indicated in Article 38(1).
− ### art_2
− 
− Article 2
− 
+ (1) ‘relevant commodities’ means cattle, cocoa, coffee, oil palm, rubber, soya and wood;
− | (1) | ‘relevant commodities’ means cattle, cocoa, coffee, oil palm, rubber, soya and wood; |
− | --- | --- |
+ (2) ‘relevant products’ means products listed in Annex I that contain, have been fed with or have been made using relevant commodities;
− | (2) | ‘relevant products’ means products listed in Annex I that contain, have been fed with or have been made using relevant commodities; |
− | --- | --- |
+ (3) ‘deforestation’ means the conversion of forest to agricultural use, whether human-induced or not;
− | (3) | ‘deforestation’ means the conversion of forest to agricultural use, whether human-induced or not; |
− | --- | --- |
+ (4) ‘forest’ means land spanning more than 0,5 hectares with trees higher than 5 metres and a canopy cover of more than 10 %, or trees able to reach those thresholds in situ, excluding land that is predominantly under agricultural or urban land use;
− | (4) | ‘forest’ means land spanning more than 0,5 hectares with trees higher than 5 metres and a canopy cover of more than 10 %, or trees able to reach those thresholds in situ, excluding land that is predominantly under agricultural or urban land use; |
− | --- | --- |
+ (5) ‘agricultural use’ means the use of land for the purpose of agriculture, including for agricultural plantations and set-aside agricultural areas, and for rearing livestock;
− | (5) | ‘agricultural use’ means the use of land for the purpose of agriculture, including for agricultural plantations and set-aside agricultural areas, and for rearing livestock; |
− | --- | --- |
+ (6) ‘agricultural plantation’ means land with tree stands in agricultural production systems, such as fruit tree plantations, oil palm plantations, olive orchards and agroforestry systems where crops are grown under tree cover; it includes all plantations of relevant commodities other than wood; agr…
− | (6) | ‘agricultural plantation’ means land with tree stands in agricultural production systems, such as fruit tree plantations, oil palm plantations, olive orchards and agroforestry systems where crops are grown under tree cover; it includes all plantations of relevant commodities other than wood;…
− | --- | --- |
+ (7) ‘forest degradation’ means structural changes to forest cover, taking the form of the conversion of: (a) primary forests or naturally regenerating forests into plantation forests or into other wooded land; or (b) primary forests into planted forests;
− | (7) | ‘forest degradation’ means structural changes to forest cover, taking the form of the conversion of:(a)primary forests or naturally regenerating forests into plantation forests or into other wooded land; or(b)primary forests into planted forests; |
− | --- | --- |
− | (a) | primary forests or naturally regenerating forests into plantation forests or into other wooded land; or |
− | (b) | primary forests into planted forests; |
+ (8) ‘primary forest’ means naturally regenerated forest of native tree species, where there are no clearly visible indications of human activities and the ecological processes are not significantly disturbed;
− | (8) | ‘primary forest’ means naturally regenerated forest of native tree species, where there are no clearly visible indications of human activities and the ecological processes are not significantly disturbed; |
− | --- | --- |
+ (9) ‘naturally regenerating forest’ means forest predominantly composed of trees established through natural regeneration; it includes any of the following: (a) forests for which it is not possible to distinguish whether planted or naturally regenerated; (b) forests with a mix of naturally regenerat…
− | (9) | ‘naturally regenerating forest’ means forest predominantly composed of trees established through natural regeneration; it includes any of the following:(a)forests for which it is not possible to distinguish whether planted or naturally regenerated;(b)forests with a mix of naturally regenerat…
− | --- | --- |
− | (a) | forests for which it is not possible to distinguish whether planted or naturally regenerated; |
− | (b) | forests with a mix of naturally regenerated native tree species and planted or seeded trees, and where the naturally regenerated trees are expected to constitute the major part of the growing stock at stand maturity; |
− | (c) | coppice from trees originally established through natural regeneration; |
− | (d) | naturally regenerated trees of introduced species; |
+ (10) ‘planted forest’ means forest predominantly composed of trees established through planting and/or deliberate seeding, provided that the planted or seeded trees are expected to constitute more than 50 % of the growing stock at maturity; it includes coppice from trees that were originally planted…
− | (10) | ‘planted forest’ means forest predominantly composed of trees established through planting and/or deliberate seeding, provided that the planted or seeded trees are expected to constitute more than 50 % of the growing stock at maturity; it includes coppice from trees that were originally pla…
− | --- | --- |
+ (11) ‘plantation forest’ means a planted forest that is intensively managed and meets, at planting and stand maturity, all the following criteria: one or two species, even age class, and regular spacing; it includes short rotation plantations for wood, fibre and energy, and excludes forests planted …
− | (11) | ‘plantation forest’ means a planted forest that is intensively managed and meets, at planting and stand maturity, all the following criteria: one or two species, even age class, and regular spacing; it includes short rotation plantations for wood, fibre and energy, and excludes forests plan…
− | --- | --- |
+ (12) ‘other wooded land’ means land not classified as ‘forest’ spanning more than 0,5 hectares, with trees higher than 5 metres and a canopy cover of 5 to 10 %, or trees able to reach those thresholds in situ, or with a combined cover of shrubs, bushes and trees above 10 %, excluding land that is pr…
− | (12) | ‘other wooded land’ means land not classified as ‘forest’ spanning more than 0,5 hectares, with trees higher than 5 metres and a canopy cover of 5 to 10 %, or trees able to reach those thresholds in situ, or with a combined cover of shrubs, bushes and trees above 10 %, excluding land that i…
− | --- | --- |
+ (13) ‘deforestation-free’ means: (a) that the relevant products contain, have been fed with or have been made using, relevant commodities that were produced on land that has not been subject to deforestation after 31 December, 2020; and (b) in the case of relevant products that contain or have been …
− | (13) | ‘deforestation-free’ means:(a)that the relevant products contain, have been fed with or have been made using, relevant commodities that were produced on land that has not been subject to deforestation after 31 December, 2020; and(b)in the case of relevant products that contain or have been …
− | --- | --- |
− | (a) | that the relevant products contain, have been fed with or have been made using, relevant commodities that were produced on land that has not been subject to deforestation after 31 December, 2020; and |
− | (b) | in the case of relevant products that contain or have been made using wood, that the wood has been harvested from the forest without inducing forest degradation after 31 December, 2020; |
+ (14) ‘produced’ means grown, harvested, obtained from or raised on relevant plots of land or, as regards cattle, on establishments;
− | (14) | ‘produced’ means grown, harvested, obtained from or raised on relevant plots of land or, as regards cattle, on establishments; |
− | --- | --- |
+ (15) ‘operator’ means any natural or legal person who, in the course of a commercial activity, places relevant products on the market or exports them;
− | (15) | ‘operator’ means any natural or legal person who, in the course of a commercial activity, places relevant products on the market or exports them; |
− | --- | --- |
+ (16) ‘placing on the market’ means the first making available of a relevant commodity or relevant product on the Union market;
− | (16) | ‘placing on the market’ means the first making available of a relevant commodity or relevant product on the Union market; |
− | --- | --- |
+ (17) ‘trader’ means any person in the supply chain other than the operator who, in the course of a commercial activity, makes relevant products available on the market;
− | (17) | ‘trader’ means any person in the supply chain other than the operator who, in the course of a commercial activity, makes relevant products available on the market; |
− | --- | --- |
+ (18) ‘making available on the market’ means any supply of a relevant product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;
− | (18) | ‘making available on the market’ means any supply of a relevant product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge; |
− | --- | --- |
+ (19) ‘in the course of a commercial activity’ means for the purpose of processing, for distribution to commercial or non-commercial consumers, or for use in the business of the operator or trader itself;
− | (19) | ‘in the course of a commercial activity’ means for the purpose of processing, for distribution to commercial or non-commercial consumers, or for use in the business of the operator or trader itself; |
− | --- | --- |
+ (20) ‘person’ means a natural person, a legal person or any association of persons which is not a legal person, but which is recognised under Union or national law as having the capacity to perform legal acts;
− | (20) | ‘person’ means a natural person, a legal person or any association of persons which is not a legal person, but which is recognised under Union or national law as having the capacity to perform legal acts; |
− | --- | --- |
+ (21) ‘person established in the Union’ means: (a) in the case of a natural person, any person whose place of residence is in the Union; (b) in the case of a legal person or an association of persons, any person whose registered office, central headquarters or a permanent business establishment is in…
− | (21) | ‘person established in the Union’ means:(a)in the case of a natural person, any person whose place of residence is in the Union;(b)in the case of a legal person or an association of persons, any person whose registered office, central headquarters or a permanent business establishment is in…
− | --- | --- |
− | (a) | in the case of a natural person, any person whose place of residence is in the Union; |
− | (b) | in the case of a legal person or an association of persons, any person whose registered office, central headquarters or a permanent business establishment is in the Union; |
+ (22) ‘authorised representative’ means any natural or legal person established in the Union who, in accordance with Article 6, has received a written mandate from an operator or from a trader to act on its behalf in relation to specified tasks with regard to the operator’s or the trader’s obligation…
− | (22) | ‘authorised representative’ means any natural or legal person established in the Union who, in accordance with Article 6, has received a written mandate from an operator or from a trader to act on its behalf in relation to specified tasks with regard to the operator’s or the trader’s obliga…
− | --- | --- |
+ (23) ‘country of origin’ means a country or territory as referred to in Article 60 of Regulation (EU) No 952/2013;
− | (23) | ‘country of origin’ means a country or territory as referred to in Article 60 of Regulation (EU) No 952/2013; |
− | --- | --- |
+ (24) ‘country of production’ means the country or territory where the relevant commodity or the relevant commodity used in the production of, or contained in, a relevant product was produced;
− | (24) | ‘country of production’ means the country or territory where the relevant commodity or the relevant commodity used in the production of, or contained in, a relevant product was produced; |
− | --- | --- |
+ (25) ‘non-compliant products’ means relevant products that do not comply with Article 3;
− | (25) | ‘non-compliant products’ means relevant products that do not comply with Article 3; |
− | --- | --- |
+ (26) ‘negligible risk’ means the level of risk that applies to relevant commodities and relevant products, where, on the basis of a full assessment of product-specific and general information, and, where necessary, of the application of the appropriate mitigation measures, those commodities or produ…
− | (26) | ‘negligible risk’ means the level of risk that applies to relevant commodities and relevant products, where, on the basis of a full assessment of product-specific and general information, and, where necessary, of the application of the appropriate mitigation measures, those commodities or p…
− | --- | --- |
+ (27) ‘plot of land’ means land within a single real-estate property, as recognised by the law of the country of production, which enjoys sufficiently homogeneous conditions to allow an evaluation of the aggregate level of risk of deforestation and forest degradation associated with relevant commodit…
− | (27) | ‘plot of land’ means land within a single real-estate property, as recognised by the law of the country of production, which enjoys sufficiently homogeneous conditions to allow an evaluation of the aggregate level of risk of deforestation and forest degradation associated with relevant comm…
− | --- | --- |
+ (28) ‘geolocation’ means the geographical location of a plot of land described by means of latitude and longitude coordinates corresponding to at least one latitude and one longitude point and using at least six decimal digits; for plots of land of more than four hectares used for the production of …
− | (28) | ‘geolocation’ means the geographical location of a plot of land described by means of latitude and longitude coordinates corresponding to at least one latitude and one longitude point and using at least six decimal digits; for plots of land of more than four hectares used for the production…
− | --- | --- |
+ (29) ‘establishment’ means any premises, structure, or, in the case of open-air farming, any environment or place, where livestock are kept, on a temporary or permanent basis;
− | (29) | ‘establishment’ means any premises, structure, or, in the case of open-air farming, any environment or place, where livestock are kept, on a temporary or permanent basis; |
− | --- | --- |
+ (30) ‘micro, small and medium-sized enterprises’ or ‘SMEs’ means micro, small and medium-sized undertakings as defined in Article 3 of Directive 2013/34/EU of the European Parliament and of the Council (1);
− | (30) | ‘micro, small and medium-sized enterprises’ or ‘SMEs’ means micro, small and medium-sized undertakings as defined in Article 3 of Directive 2013/34/EU of the European Parliament and of the Council (19); |
− | --- | --- |
+ (31) ‘substantiated concern’ means a duly reasoned claim based on objective and verifiable information regarding non-compliance with this Regulation and which could require the intervention of competent authorities;
− | (31) | ‘substantiated concern’ means a duly reasoned claim based on objective and verifiable information regarding non-compliance with this Regulation and which could require the intervention of competent authorities; |
− | --- | --- |
+ (32) ‘competent authorities’ means the authorities designated under Article 14(1);
− | (32) | ‘competent authorities’ means the authorities designated under Article 14(1); |
− | --- | --- |
+ (33) ‘customs authorities’ means customs authorities as defined in Article 5, point (1), of Regulation (EU) No 952/2013;
− | (33) | ‘customs authorities’ means customs authorities as defined in Article 5, point (1), of Regulation (EU) No 952/2013; |
− | --- | --- |
+ (34) ‘customs territory’ means territory as defined in Article 4 of Regulation (EU) No 952/2013;
− | (34) | ‘customs territory’ means territory as defined in Article 4 of Regulation (EU) No 952/2013; |
− | --- | --- |
+ (35) ‘third country’ means a country or territory outside the customs territory of the Union;
− | (35) | ‘third country’ means a country or territory outside the customs territory of the Union; |
− | --- | --- |
+ (36) ‘release for free circulation’ means the procedure laid down in Article 201 of Regulation (EU) No 952/2013;
− | (36) | ‘release for free circulation’ means the procedure laid down in Article 201 of Regulation (EU) No 952/2013; |
− | --- | --- |
+ (37) ‘export’ means the procedure laid down in Article 269 of Regulation (EU) No 952/2013;
− | (37) | ‘export’ means the procedure laid down in Article 269 of Regulation (EU) No 952/2013; |
− | --- | --- |
+ (38) ‘relevant products entering the market’ means relevant products from third countries placed under the customs procedure ‘release for free circulation’ that are intended to be placed on the Union market and are not intended for private use or consumption within the customs territory of the Union…
− | (38) | ‘relevant products entering the market’ means relevant products from third countries placed under the customs procedure ‘release for free circulation’ that are intended to be placed on the Union market and are not intended for private use or consumption within the customs territory of the U…
− | --- | --- |
+ (39) ‘relevant products leaving the market’ means relevant products placed under the customs procedure ‘export’;
− | (39) | ‘relevant products leaving the market’ means relevant products placed under the customs procedure ‘export’; |
− | --- | --- |
+ (40) ‘relevant legislation of the country of production’ means the laws applicable in the country of production concerning the legal status of the area of production in terms of: (a) land use rights; (b) environmental protection; (c) forest-related rules, including forest management and biodiversity…
− | (40) | ‘relevant legislation of the country of production’ means the laws applicable in the country of production concerning the legal status of the area of production in terms of:(a)land use rights;(b)environmental protection;(c)forest-related rules, including forest management and biodiversity c…
− | --- | --- |
− | (a) | land use rights; |
− | (b) | environmental protection; |
− | (c) | forest-related rules, including forest management and biodiversity conservation, where directly related to wood harvesting; |
− | (d) | third parties’ rights; |
− | (e) | labour rights; |
− | (f) | human rights protected under international law; |
− | (g) | the principle of free, prior and informed consent (FPIC), including as set out in the UN Declaration on the Rights of Indigenous Peoples; |
− | (h) | tax, anti-corruption, trade and customs regulations. |
+ ### Article 3 — Prohibition
− ### art_3
− 
− Article 3
+ (a) they are deforestation-free;
− | (a) | they are deforestation-free; |
− | --- | --- |
+ (b) they have been produced in accordance with the relevant legislation of the country of production; and
− | (b) | they have been produced in accordance with the relevant legislation of the country of production; and |
− | --- | --- |
+ (c) they are covered by a due diligence statement.
− | (c) | they are covered by a due diligence statement. |
− | --- | --- |
+ ## CHAPTER 2 — OBLIGATIONS OF OPERATORS AND TRADERS
− ### art_4
+ ### Article 4 — Obligations of operators
− Article 4
+ **1.** Operators shall exercise due diligence in accordance with Article 8 prior to placing relevant products on the market or exporting them in order to prove that the relevant products comply with Article 3.
− 1. Operators shall exercise due diligence in accordance with Article 8 prior to placing relevant products on the market or exporting them in order to prove that the relevant products comply with Article 3.
− 
− 2. Operators shall not place relevant products on the market or export them without prior submission of a due diligence statement. Operators who, on the basis of the due diligence exercised in accordance with Article 8, conclude that the relevant products comply with Article 3 shall, before placing …
+ **2.** Operators shall not place relevant products on the market or export them without prior submission of a due diligence statement. Operators who, on the basis of the due diligence exercised in accordance with Article 8, conclude that the relevant products comply with Article 3 shall, before plac…
− 3. By making available the due diligence statement to competent authorities, the operator shall assume responsibility for the compliance of the relevant product with Article 3. Operators shall keep a record of the due diligence statements for five years from the date the statement is submitted throu…
+ **3.** By making available the due diligence statement to competent authorities, the operator shall assume responsibility for the compliance of the relevant product with Article 3. Operators shall keep a record of the due diligence statements for five years from the date the statement is submitted t…
− 4. Operators shall not place relevant products on the market or export them where one or more of the following cases apply:
+ **4.** Operators shall not place relevant products on the market or export them where one or more of the following cases apply:(a) the relevant products are non-compliant;(b) the exercise of due diligence has revealed a non-negligible risk that the relevant products are non-compliant;(c) the operato…
− | (a) | the relevant products are non-compliant; |
− | --- | --- |
+ **5.** Operators that obtain or are made aware of relevant new information, including substantiated concerns, indicating that a relevant product that they have placed on the market is at risk of not complying with this Regulation shall immediately inform the competent authorities of the Member State…
− | (b) | the exercise of due diligence has revealed a non-negligible risk that the relevant products are non-compliant; |
− | --- | --- |
+ **6.** Operators shall offer all necessary assistance to the competent authorities to facilitate the carrying out of the checks under Article 18, including access to premises and the making available of documentation and records.
− | (c) | the operator was unable to fulfil the obligations referred to in paragraphs 1 and 2. |
− | --- | --- |
+ **7.** Operators shall communicate to operators and to traders further down the supply chain of the relevant products they placed on the market or exported all information necessary to demonstrate that due diligence was exercised and that no or only a negligible risk was found, including the referen…
− 5. Operators that obtain or are made aware of relevant new information, including substantiated concerns, indicating that a relevant product that they have placed on the market is at risk of not complying with this Regulation shall immediately inform the competent authorities of the Member States in…
+ **8.** By way of derogation from paragraph 1 of this Article, operators that are SMEs (‘SME operators’) shall not be required to exercise due diligence for relevant products contained in or made from relevant products that have already been subject to due diligence in accordance with paragraph 1 of …
− 6. Operators shall offer all necessary assistance to the competent authorities to facilitate the carrying out of the checks under Article 18, including access to premises and the making available of documentation and records.
+ **9.** Operators that are not SMEs (‘non-SME operators’) may refer to due diligence statements that have already been submitted in accordance with Article 33 only after having ascertained that the due diligence relating to the relevant products contained in or made from the relevant products was exe…
− 7. Operators shall communicate to operators and to traders further down the supply chain of the relevant products they placed on the market or exported all information necessary to demonstrate that due diligence was exercised and that no or only a negligible risk was found, including the reference n…
+ **10.** Any operator referring to a due diligence statement that has already been submitted in accordance with Article 33 shall retain responsibility for the compliance of the relevant products with Article 3, including that no or only a negligible risk was found, prior to placing such relevant prod…
− 8. By way of derogation from paragraph 1 of this Article, operators that are SMEs (‘SME operators’) shall not be required to exercise due diligence for relevant products contained in or made from relevant products that have already been subject to due diligence in accordance with paragraph 1 of this…
+ ### Article 5 — Obligations of traders
− 9. Operators that are not SMEs (‘non-SME operators’) may refer to due diligence statements that have already been submitted in accordance with Article 33 only after having ascertained that the due diligence relating to the relevant products contained in or made from the relevant products was exercis…
+ **1.** Traders that are not SMEs (‘non-SME traders’) shall be considered as non-SME operators and shall be subject to obligations and provisions in Articles 3, 4 and 6, Articles 8 to 13, Article 16(8) to (11) and Article 18 with regard to the relevant commodities and relevant products that they make…
− 10. Any operator referring to a due diligence statement that has already been submitted in accordance with Article 33 shall retain responsibility for the compliance of the relevant products with Article 3, including that no or only a negligible risk was found, prior to placing such relevant products…
+ **2.** Traders that are SMEs (‘SME traders’) shall make available relevant products on the market only if they are in possession of the information required under paragraph 3.
− ### art_5
+ **3.** SME traders shall collect and keep the following information relating to the relevant products they intend to make available on the market:(a) the name, registered trade name or registered trade mark, the postal address, the email address and, if available, a web address of the operators or t…
− Article 5
+ **4.** SME traders shall keep the information referred to in paragraph 3 for at least five years from the date of the making available on the market and shall provide that information to the competent authorities upon request.
− 1. Traders that are not SMEs (‘non-SME traders’) shall be considered as non-SME operators and shall be subject to obligations and provisions in Articles 3, 4 and 6, Articles 8 to 13, Article 16(8) to (11) and Article 18 with regard to the relevant commodities and relevant products that they make ava…
+ **5.** SME traders that obtain or are made aware of relevant new information, including substantiated concerns, indicating that a relevant product that they have made available on the market is at risk of not complying with this Regulation shall immediately inform the competent authorities of the Me…
− 2. Traders that are SMEs (‘SME traders’) shall make available relevant products on the market only if they are in possession of the information required under paragraph 3.
+ **6.** Traders, whether or not they are SMEs, shall offer all necessary assistance to the competent authorities to facilitate the carrying out of the checks under Articles 18 and 19, including access to premises and the making available of documentation and records.
− 3. SME traders shall collect and keep the following information relating to the relevant products they intend to make available on the market:
+ ### Article 6 — Authorised representatives
− | (a) | the name, registered trade name or registered trade mark, the postal address, the email address and, if available, a web address of the operators or the traders who have supplied the relevant products to them, as well as the reference numbers of the due diligence statements associated to tho…
− | --- | --- |
+ **1.** Operators or traders may mandate an authorised representative to submit the due diligence statement pursuant to Article 4(2) on their behalf. In such cases, the operator or trader shall retain responsibility for the compliance of the relevant product with Article 3.
− | (b) | the name, registered trade name or registered trade mark, the postal address, the email address and, if available, a web address of the operators or the traders to whom they have supplied the relevant products. |
− | --- | --- |
+ **2.** The authorised representative shall, upon request, provide a copy of the mandate in an official language of the Union to the competent authorities and a copy in an official language of the Member State in which the due diligence statement is handled or, where that is not possible, in English.
− 4. SME traders shall keep the information referred to in paragraph 3 for at least five years from the date of the making available on the market and shall provide that information to the competent authorities upon request.
+ **3.** An operator that is a natural person or a microenterprise may mandate the next operator or trader further down the supply chain that is not a natural person or a microenterprise to act as an authorised representative. Such next operator or trader further down the supply chain shall not place …
− 5. SME traders that obtain or are made aware of relevant new information, including substantiated concerns, indicating that a relevant product that they have made available on the market is at risk of not complying with this Regulation shall immediately inform the competent authorities of the Member…
− 
− 6. Traders, whether or not they are SMEs, shall offer all necessary assistance to the competent authorities to facilitate the carrying out of the checks under Articles 18 and 19, including access to premises and the making available of documentation and records.
− 
− ### art_6
+ ### Article 7 — Placing on the market by operators established in third countries
− Article 6
− 
− 1. Operators or traders may mandate an authorised representative to submit the due diligence statement pursuant to Article 4(2) on their behalf. In such cases, the operator or trader shall retain responsibility for the compliance of the relevant product with Article 3.
− 
− 2. The authorised representative shall, upon request, provide a copy of the mandate in an official language of the Union to the competent authorities and a copy in an official language of the Member State in which the due diligence statement is handled or, where that is not possible, in English.
− 
− 3. An operator that is a natural person or a microenterprise may mandate the next operator or trader further down the supply chain that is not a natural person or a microenterprise to act as an authorised representative. Such next operator or trader further down the supply chain shall not place or m…
− ### art_7
− 
− Article 7
− 
+ ### Article 8 — Due diligence
− ### art_8
+ **1.** Prior to placing relevant products on the market or exporting them, operators shall exercise due diligence with regard to all relevant products supplied by each particular supplier.
− Article 8
+ **2.** The due diligence shall include:(a) the collection of information, data and documents needed to fulfil the requirements set out in Article 9;(b) risk assessment measures as referred to in Article 10;(c) risk mitigation measures as referred to in Article 11.
− 1. Prior to placing relevant products on the market or exporting them, operators shall exercise due diligence with regard to all relevant products supplied by each particular supplier.
+ ### Article 9 — Information requirements
− 2. The due diligence shall include:
+ **1.** Operators shall collect information, documents and data which demonstrate that the relevant products comply with Article 3. For this purpose, the operator shall collect, organise and keep for five years from the date of the placing on the market or of the export of the relevant products the f…
− | (a) | the collection of information, data and documents needed to fulfil the requirements set out in Article 9; |
− | --- | --- |
+ **2.** The operator shall make available to the competent authorities upon request the information, documents and data collected under this Article.
− | (b) | risk assessment measures as referred to in Article 10; |
− | --- | --- |
+ ### Article 10 — Risk assessment
− | (c) | risk mitigation measures as referred to in Article 11. |
− | --- | --- |
+ **1.** Operators shall verify and analyse the information collected in accordance with Article 9 and any other relevant documentation. On the basis of that information and documentation, the operators shall carry out a risk assessment to establish whether there is a risk that the relevant products i…
− ### art_9
+ **2.** The risk assessment shall take into account, in particular, the following criteria:(a) the assignment of risk to the relevant country of production or parts thereof in accordance with Article 29;(b) the presence of forests in the country of production or parts thereof;(c) the presence of indi…
− Article 9
+ **3.** Wood products which fall within the scope of Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to comply with Article 3, point (b), of this Regulation.
− 1. Operators shall collect information, documents and data which demonstrate that the relevant products comply with Article 3. For this purpose, the operator shall collect, organise and keep for five years from the date of the placing on the market or of the export of the relevant products the follo…
+ **4.** The operators shall document and review the risk assessments at least on an annual basis and make them available to the competent authorities upon request. Operators shall be able to demonstrate how the information gathered was checked against the risk assessment criteria set out in paragraph…
− | (a) | a description, including the trade name and type of the relevant products as well as, in the case of relevant products that contain or have been made using wood, the common name of the species and their full scientific name; the product description shall include the list of relevant commodit…
− | --- | --- |
+ ### Article 11 — Risk mitigation
− | (b) | the quantity of the relevant products; for relevant products entering or leaving the market, the quantity is to be expressed in kilograms of net mass and, where applicable, in the supplementary unit set out in Annex I to Council Regulation (EEC) No 2658/87 (20) against the indicated Harmonis…
− | --- | --- |
+ **1.** Except where a risk assessment carried out in accordance with Article 10 reveals that there is no or only a negligible risk that the relevant products are non-compliant, the operator shall, prior to placing the relevant products on the market or exporting them, adopt risk mitigation procedure…
− | (c) | the country of production and, where relevant, parts thereof; |
− | --- | --- |
− 
− | (d) | the geolocation of all plots of land where the relevant commodities that the relevant product contains, or has been made using, were produced, as well as the date or time range of production; where a relevant product contains or has been made with relevant commodities produced on different p…
− | --- | --- |
− 
− | (e) | the name, postal address and email address of any business or person from whom they have been supplied with the relevant products; |
− | --- | --- |
− 
− | (f) | the name, postal address and email address of any business, operator or trader to whom the relevant products have been supplied; |
− | --- | --- |
− 
− | (g) | adequately conclusive and verifiable information that the relevant products are deforestation-free; |
− | --- | --- |
− 
− | (h) | adequately conclusive and verifiable information that the relevant commodities have been produced in accordance with the 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 rele…
− | --- | --- |
− 
− 2. The operator shall make available to the competent authorities upon request the information, documents and data collected under this Article.
− 
− ### art_10
− 
− Article 10
− 
− 1. Operators shall verify and analyse the information collected in accordance with Article 9 and any other relevant documentation. On the basis of that information and documentation, the operators shall carry out a risk assessment to establish whether there is a risk that the relevant products inten…
− 
− 2. The risk assessment shall take into account, in particular, the following criteria:
− 
− | (a) | the assignment of risk to the relevant country of production or parts thereof in accordance with Article 29; |
− | --- | --- |
− 
− | (b) | the presence of forests in the country of production or parts thereof; |
− | --- | --- |
− 
− | (c) | the presence of indigenous peoples in the country of production or parts thereof; |
− | --- | --- |
− 
− | (d) | the consultation and cooperation in good faith with indigenous peoples in the country of production or parts thereof; |
− | --- | --- |
− 
− | (e) | the existence of duly reasoned claims by indigenous peoples based on objective and verifiable information regarding the use or ownership of the area used for the purpose of producing the relevant commodity; |
− | --- | --- |
− 
− | (f) | prevalence of deforestation or forest degradation in the country of production or parts thereof; |
− | --- | --- |
− 
− | (g) | the source, reliability, validity, and links to other available documentation of the information referred to in Article 9(1); |
− | --- | --- |
− 
− | (h) | concerns in relation to the country of production and origin or parts thereof, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, violations of international human rights, armed conflict or presence of sanctions imposed by the UN Security Cou…
− | --- | --- |
− 
− | (i) | the complexity of the relevant supply chain and the stage of processing of the relevant products, in particular difficulties in connecting relevant products to the plot of land where the relevant commodities were produced; |
− | --- | --- |
− 
− | (j) | the risk of circumvention of this Regulation or of mixing with relevant products of unknown origin or produced in areas where deforestation or forest degradation has occurred or is occurring; |
− | --- | --- |
− 
− | (k) | conclusions of the meetings of the Commission expert groups supporting the implementation of this Regulation, as published in the Commission’s expert group register; |
− | --- | --- |
− 
− | (l) | substantiated concerns submitted under Article 31, and information on the history of non-compliance of operators or traders along the relevant supply chain with this Regulation; |
− | --- | --- |
− 
− | (m) | any information that would point to a risk that the relevant products are non-compliant; |
− | --- | --- |
− 
− | (n) | complementary information on compliance with this Regulation, which may include information supplied by certification or other third-party verified schemes, including voluntary schemes recognised by the Commission under Article 30(5) of Directive(EU) 2018/2001 of the European Parliament and …
− | --- | --- |
− 
− 3. Wood products which fall within the scope of Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to comply with Article 3, point (b), of this Regulation.
− 
− 4. The operators shall document and review the risk assessments at least on an annual basis and make them available to the competent authorities upon request. Operators shall be able to demonstrate how the information gathered was checked against the risk assessment criteria set out in paragraph 2 a…
− 
− ### art_11
− 
− Article 11
− 
− 1. Except where a risk assessment carried out in accordance with Article 10 reveals that there is no or only a negligible risk that the relevant products are non-compliant, the operator shall, prior to placing the relevant products on the market or exporting them, adopt risk mitigation procedures an…
− 
− | (a) | requiring additional information, data or documents; |
− | --- | --- |
− 
− | (b) | carrying out independent surveys or audits; |
− | --- | --- |
− | (c) | taking other measures pertaining to information requirements set out in Article 9. |
− | --- | --- |
− 
+ **2.** Operators shall have in place adequate and proportionate policies, controls and procedures to mitigate and manage effectively the risks of non-compliance of relevant products identified. Those policies, controls and procedures shall include:(a) model risk management practices, reporting, reco…
− 2. Operators shall have in place adequate and proportionate policies, controls and procedures to mitigate and manage effectively the risks of non-compliance of relevant products identified. Those policies, controls and procedures shall include:
+ **3.** The decisions on risk mitigation procedures and measures shall be documented, reviewed at least on an annual basis and made available by the operators to the competent authorities upon request. Operators shall be able to demonstrate how decisions on risk mitigation procedures and measures wer…
− | (a) | model risk management practices, reporting, record-keeping, internal control and compliance management, including the appointment of a compliance officer at management level for non-SME operators; |
− | --- | --- |
+ ### Article 12 — Establishment and maintenance of due diligence systems, reporting and record keeping
− | (b) | an independent audit function to check the internal policies, controls and procedures referred to in point (a) for all non-SME operators. |
− | --- | --- |
+ **1.** In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a framework of procedures and measures to ensure that the relevant products they place on the market or export comply with Article 3 (‘due diligence system’).
− 3. The decisions on risk mitigation procedures and measures shall be documented, reviewed at least on an annual basis and made available by the operators to the competent authorities upon request. Operators shall be able to demonstrate how decisions on risk mitigation procedures and measures were ta…
+ **2.** Operators shall review the due diligence system at least once a year. Where operators become aware of new developments which could influence the due diligence system, they shall update the due diligence system to take account of those developments. Operators shall keep a record of such update…
− ### art_12
+ **3.** Operators who do not fall within the categories of SMEs, including microenterprises, or natural persons shall, on an annual basis, publicly report as widely as possible, including via the internet, on their due diligence system, including on the steps taken by them to fulfil their obligations…
− Article 12
+ **4.** Without prejudice to Union data protection legislation, the reporting as referred to in paragraph 3 shall include the following information concerning relevant commodities and relevant products:(a) a summary of the information referred to in Article 9(1), points (a), (b) and (c);(b) the concl…
− 1. In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a framework of procedures and measures to ensure that the relevant products they place on the market or export comply with Article 3 (‘due diligence system’).
+ **5.** Operators shall keep for at least five years all documentation related to due diligence, such as all records, measures and procedures pursuant to Article 8. They shall make that documentation available to the competent authorities upon request.
− 2. Operators shall review the due diligence system at least once a year. Where operators become aware of new developments which could influence the due diligence system, they shall update the due diligence system to take account of those developments. Operators shall keep a record of such updates in…
+ ### Article 13 — Simplified due diligence
− 3. Operators who do not fall within the categories of SMEs, including microenterprises, or natural persons shall, on an annual basis, publicly report as widely as possible, including via the internet, on their due diligence system, including on the steps taken by them to fulfil their obligations as …
+ **1.** When placing relevant products on the market or exporting them, operators shall not be required to fulfil the obligations under Articles 10 and 11 where, after having assessed the complexity of the relevant supply chain and the risk of circumvention of this Regulation or the risk of mixing wi…
− 4. Without prejudice to Union data protection legislation, the reporting as referred to in paragraph 3 shall include the following information concerning relevant commodities and relevant products:
+ **2.** Notwithstanding paragraph 1 of this Article, if the operator obtains or is made aware of any relevant information, including as a result of the assessment carried out under paragraph 1 of this Article, and including substantiated concerns submitted under Article 31, that would point to a risk…
− | (a) | a summary of the information referred to in Article 9(1), points (a), (b) and (c); |
− | --- | --- |
+ **3.** Where a competent authority is made aware of any information that would point to a risk of circumvention of this Regulation, including in cases in which relevant commodities or relevant products produced in a standard-risk or high-risk country or a part thereof are subsequently processed in a…
− | (b) | the conclusions of the risk assessment carried out pursuant to Article 10 and measures undertaken pursuant to Article 11 and a description of the information and evidence obtained and used to assess the risk; |
− | --- | --- |
+ ## CHAPTER 3 — OBLIGATIONS OF MEMBER STATES AND THEIR COMPETENT AUTHORITIES
− | (c) | where applicable, a description of the process of consultation of indigenous peoples, local communities and other customary tenure rights holders or of the civil society organisations that are present in the area of production of the relevant commodities and relevant products. |
− | --- | --- |
+ ### Article 14 — Competent authorities
− 5. Operators shall keep for at least five years all documentation related to due diligence, such as all records, measures and procedures pursuant to Article 8. They shall make that documentation available to the competent authorities upon request.
+ **1.** Member States shall designate one or more competent authorities responsible for fulfilling the obligations arising from this Regulation.
− ### art_13
+ **2.** By 30 December 2023 at the latest, Member States shall inform the Commission of the names, addresses and contact details of the competent authorities referred to in paragraph 1. Member States shall inform the Commission without undue delay of any changes to that information.
− Article 13
+ **3.** The Commission shall make the list of the competent authorities publicly available on its website without undue delay. The Commission shall regularly update the list, based on updates received from Member States.
− 1. When placing relevant products on the market or exporting them, operators shall not be required to fulfil the obligations under Articles 10 and 11 where, after having assessed the complexity of the relevant supply chain and the risk of circumvention of this Regulation or the risk of mixing with p…
+ **4.** Member States shall ensure that the competent authorities have adequate powers, functional independence and the resources to fulfil the obligations set out in this Chapter.
− 2. Notwithstanding paragraph 1 of this Article, if the operator obtains or is made aware of any relevant information, including as a result of the assessment carried out under paragraph 1 of this Article, and including substantiated concerns submitted under Article 31, that would point to a risk tha…
+ ### Article 15 — Technical assistance, guidance and exchange of information
− 3. Where a competent authority is made aware of any information that would point to a risk of circumvention of this Regulation, including in cases in which relevant commodities or relevant products produced in a standard-risk or high-risk country or a part thereof are subsequently processed in a low…
+ **1.** Without prejudice to the operators’ obligation to exercise due diligence as set out in Article 8, Member States may provide technical and other assistance and guidance to operators. The Commission, in collaboration with Member States, may also provide, where necessary, guidance to operators a…
− ### art_14
+ **2.** Member States shall facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in risk assessment as set out in Article 10, and on best practices regarding the implementation of this Regulation.
− Article 14
+ **3.** The competent authorities and the Commission shall continuously monitor and exchange information on any significant change in the pattern of trade of relevant products that can lead to the circumvention of this Regulation.
− 1. Member States shall designate one or more competent authorities responsible for fulfilling the obligations arising from this Regulation.
+ **4.** Assistance shall be provided in a manner which does not compromise the independence, legal obligations or responsibilities of competent authorities in enforcing this Regulation.
− 2. By 30 December 2023 at the latest, Member States shall inform the Commission of the names, addresses and contact details of the competent authorities referred to in paragraph 1. Member States shall inform the Commission without undue delay of any changes to that information.
+ **5.** The Commission may facilitate the harmonised implementation of this Regulation, by issuing relevant guidelines and by promoting adequate exchange of information, coordination and cooperation between competent authorities, between competent authorities and customs authorities, and between comp…
− 3. The Commission shall make the list of the competent authorities publicly available on its website without undue delay. The Commission shall regularly update the list, based on updates received from Member States.
+ ### Article 16 — Obligation to carry out checks
− 4. Member States shall ensure that the competent authorities have adequate powers, functional independence and the resources to fulfil the obligations set out in this Chapter.
+ **1.** The competent authorities shall carry out checks within their territory to establish whether operators and traders established in the Union comply with this Regulation. The competent authorities shall carry out checks within their territory to establish whether the relevant products that the …
− ### art_15
+ **2.** The checks referred to in paragraph 1 of this Article shall be carried out in accordance with Articles 18 and 19.
− Article 15
+ **3.** The competent authorities shall use a risk-based approach to identify the checks to be carried out. Risk criteria shall be identified based on an analysis of risks of non-compliance with this Regulation, taking into account in particular the relevant commodities, the complexity and the length…
− 1. Without prejudice to the operators’ obligation to exercise due diligence as set out in Article 8, Member States may provide technical and other assistance and guidance to operators. The Commission, in collaboration with Member States, may also provide, where necessary, guidance to operators and c…
+ **4.** The Commission shall, where appropriate, establish and regularly review and update indicative risk criteria at Union level, in accordance with paragraph 3, and communicate them to competent authorities.
− 2. Member States shall facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in risk assessment as set out in Article 10, and on best practices regarding the implementation of this Regulation.
+ **5.** For the purposes of carrying out the checks referred to in paragraph 1, the competent authorities shall establish annual plans containing at least the following:(a) national risk criteria, established in accordance with paragraph 3, for the purpose of determining the checks that are necessary…
− 3. The competent authorities and the Commission shall continuously monitor and exchange information on any significant change in the pattern of trade of relevant products that can lead to the circumvention of this Regulation.
+ **6.** The annual review of the plans by the competent authorities shall systematically build upon the results of the checks and the experience on implementation of the plans referred to in paragraph 5 in order to improve their effectiveness.
− 4. Assistance shall be provided in a manner which does not compromise the independence, legal obligations or responsibilities of competent authorities in enforcing this Regulation.
+ **7.** Competent authorities shall communicate their plans of checks, as well as updates thereto, to other competent authorities and the Commission. Competent authorities shall exchange information on and coordinate the development and application of the risk criteria referred to in paragraph 5 with…
− 5. The Commission may facilitate the harmonised implementation of this Regulation, by issuing relevant guidelines and by promoting adequate exchange of information, coordination and cooperation between competent authorities, between competent authorities and customs authorities, and between competen…
+ **8.** Each Member State shall ensure that the annual checks carried out by its competent authorities pursuant to paragraph 1 of this Article cover at least 3 % of the operators placing or making available on the market or exporting relevant products that contain or have been made using relevant com…
− ### art_16
+ **9.** Each Member State shall ensure that the annual checks carried out by its competent authorities pursuant to paragraph 1 of this Article cover at least 9 % of the operators placing or making available on the market or exporting relevant products that contain or have been made using relevant com…
− Article 16
+ **10.** Each Member State shall ensure that the annual checks carried out by its competent authorities pursuant to paragraph 1 of this Article cover at least 1 % of the operators placing or making available on the market or exporting relevant products that contain or have been made using relevant co…
− 1. The competent authorities shall carry out checks within their territory to establish whether operators and traders established in the Union comply with this Regulation. The competent authorities shall carry out checks within their territory to establish whether the relevant products that the oper…
+ **11.** The quantified objectives of checks to be carried out by competent authorities shall be met separately for each of the relevant commodities. The quantified objectives shall be calculated by reference to the total number of operators who placed or made available on the market or exported rele…
− 2. The checks referred to in paragraph 1 of this Article shall be carried out in accordance with Articles 18 and 19.
+ **12.** Without prejudice to checks planned in advance pursuant to paragraph 5 of this Article, competent authorities shall carry out checks referred to in paragraph 1 of this Article when they obtain or are made aware of relevant information, including based on substantiated concerns submitted by t…
− 3. The competent authorities shall use a risk-based approach to identify the checks to be carried out. Risk criteria shall be identified based on an analysis of risks of non-compliance with this Regulation, taking into account in particular the relevant commodities, the complexity and the length of …
+ **13.** 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.
− 4. The Commission shall, where appropriate, establish and regularly review and update indicative risk criteria at Union level, in accordance with paragraph 3, and communicate them to competent authorities.
+ **14.** The competent authorities shall keep records of the checks, indicating in particular their nature and results, as well as on the measures taken in the event of non-compliance. Records of all checks shall be kept for at least 10 years.
− 5. For the purposes of carrying out the checks referred to in paragraph 1, the competent authorities shall establish annual plans containing at least the following:
+ **15.** Records of checks carried out under this Regulation and reports of their results shall constitute environmental information for the purposes of Directive 2003/4/EC of the European Parliament and of the Council (4) and shall be made available upon request.
− | (a) | national risk criteria, established in accordance with paragraph 3, for the purpose of determining the checks that are necessary, which build upon any indicative risk criteria at Union level established by the Commission in accordance with paragraph 4, and systematically include risk criteri…
− | --- | --- |
+ ### Article 17 — Relevant products requiring immediate action
− | (b) | the selection of operators and traders to be checked; that selection is to be based on the national risk criteria referred to in point (a), using, inter alia, information contained in the information system referred to in Article 33 and electronic data-processing techniques; for each operato…
− | --- | --- |
+ **1.** Competent authorities shall identify situations where relevant products present such high risk of non-compliance with Article 3 that they require immediate action by competent authorities before those relevant products are placed or made available on the market or exported. Competent authorit…
− 6. The annual review of the plans by the competent authorities shall systematically build upon the results of the checks and the experience on implementation of the plans referred to in paragraph 5 in order to improve their effectiveness.
+ **2.** When competent authorities identify the situations referred to in paragraph 1 of this Article, including when a due diligence statement relating to the relevant products concerned is submitted by an operator, the information system referred to in Article 33 shall identify the high risk of non…
− 7. Competent authorities shall communicate their plans of checks, as well as updates thereto, to other competent authorities and the Commission. Competent authorities shall exchange information on and coordinate the development and application of the risk criteria referred to in paragraph 5 with com…
+ **3.** The suspensions referred to in paragraph 2 of this Article shall end within three working days or within 72 hours in the case of perishable relevant products, starting from the moment when the high risk of non-compliance is identified in the information system referred to in Article 33. Where…
− 8. Each Member State shall ensure that the annual checks carried out by its competent authorities pursuant to paragraph 1 of this Article cover at least 3 % of the operators placing or making available on the market or exporting relevant products that contain or have been made using relevant commodi…
+ ### Article 18 — Checks on operators and non-SME traders
− 9. Each Member State shall ensure that the annual checks carried out by its competent authorities pursuant to paragraph 1 of this Article cover at least 9 % of the operators placing or making available on the market or exporting relevant products that contain or have been made using relevant commodi…
+ **1.** The checks on operators and non-SME traders shall include:(a) examination of their due diligence system, including risk assessment and risk mitigation procedures, and of documentation and records that demonstrate the proper functioning of the due diligence system;(b) examination of documentat…
− 10. Each Member State shall ensure that the annual checks carried out by its competent authorities pursuant to paragraph 1 of this Article cover at least 1 % of the operators placing or making available on the market or exporting relevant products that contain or have been made using relevant commod…
+ **2.** The checks on operators and non-SME traders may also include, where appropriate, in particular where the examinations referred to in paragraph 1 have raised questions:(a) on-the-ground examination of relevant commodities or of the relevant products with a view to ascertaining their correspond…
− 11. The quantified objectives of checks to be carried out by competent authorities shall be met separately for each of the relevant commodities. The quantified objectives shall be calculated by reference to the total number of operators who placed or made available on the market or exported relevant…
+ ### Article 19 — Checks on SME traders
− 12. Without prejudice to checks planned in advance pursuant to paragraph 5 of this Article, competent authorities shall carry out checks referred to in paragraph 1 of this Article when they obtain or are made aware of relevant information, including based on substantiated concerns submitted by third…
+ **1.** The checks on SME traders shall include the examination of documentation and records that demonstrate compliance with Article 5(2), (3) and (4).
− 13. 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.
+ **2.** The checks on SME traders may also include, where appropriate, in particular where the examinations referred to in paragraph 1 have raised questions, spot checks, including field audits.
− 14. The competent authorities shall keep records of the checks, indicating in particular their nature and results, as well as on the measures taken in the event of non-compliance. Records of all checks shall be kept for at least 10 years.
+ ### Article 20 — Recovery of costs by competent authorities
− 15. Records of checks carried out under this Regulation and reports of their results shall constitute environmental information for the purposes of Directive 2003/4/EC of the European Parliament and of the Council (22) and shall be made available upon request.
+ **1.** Member States may authorise their competent authorities to reclaim from the operators or traders the totality of the costs of their activities with respect to instances of non-compliance.
− ### art_17
+ **2.** The costs referred to in paragraph 1 may include the costs of carrying out testing, of storage and of activities relating to the relevant products that are found to be non-compliant products and are subject to corrective action prior to the release of those relevant products for free circulat…
− Article 17
+ ### Article 21 — Cooperation and exchange of information
− 1. Competent authorities shall identify situations where relevant products present such high risk of non-compliance with Article 3 that they require immediate action by competent authorities before those relevant products are placed or made available on the market or exported. Competent authorities …
+ **1.** Competent authorities shall cooperate with each other, the customs authorities from their Member State, the competent authorities and customs authorities from other Member States, the Commission and if necessary, with the administrative authorities of third countries in order to ensure compli…
− 2. When competent authorities identify the situations referred to in paragraph 1 of this Article, including when a due diligence statement relating to the relevant products concerned is submitted by an operator, the information system referred to in Article 33 shall identify the high risk of non-com…
+ **2.** Competent authorities shall establish administrative arrangements with the Commission concerning the transmission of information on investigations and the conduct of investigations.
− | (a) | take immediate interim measures under Article 23 to suspend the placing or making available of those relevant products on the market; or |
− | --- | --- |
+ **3.** Competent authorities shall exchange information necessary for the enforcement of this Regulation, including through the information system referred to in Article 33. That shall include giving access to and exchanging information on operators and traders, including due diligence statements, a…
− | (b) | once the electronic interface referred to in Article 28(1) is in place, in the case of relevant products entering or leaving the market, require customs authorities to suspend the release for free circulation or export of those relevant products under Article 26(7). |
− | --- | --- |
+ **4.** Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect any potential non-compliance with this Regulation and serious shortcomings that could affect more than one Member State. Competent authorities shall, in particular, i…
− 3. The suspensions referred to in paragraph 2 of this Article shall end within three working days or within 72 hours in the case of perishable relevant products, starting from the moment when the high risk of non-compliance is identified in the information system referred to in Article 33. Where the…
+ **5.** At the request of a competent authority, Member States shall provide it with the information necessary to ensure compliance with this Regulation.
− ### art_18
+ ### Article 22 — Reporting
− Article 18
+ **1.** By 30 April of each year, Member States shall make available to the public and to the Commission information on the application of this Regulation during the previous calendar year. That information shall include:(a) the plans of checks and the risk criteria on which those plans were based;(b…
− 1. The checks on operators and non-SME traders shall include:
+ **2.** By 30 October of each year, the Commission services shall make publicly available a Union-wide overview of the application of this Regulation based on the data submitted by the Member States under paragraph 1.
− | (a) | examination of their due diligence system, including risk assessment and risk mitigation procedures, and of documentation and records that demonstrate the proper functioning of the due diligence system; |
− | --- | --- |
+ ### Article 23 — Interim measures
− | (b) | examination of documentation and records that demonstrate that a specific relevant product that the operator has placed or intends to place on the market or intends to export or that the non-SME trader has made available or intends to make available on the market complies with this Regulatio…
− | --- | --- |
− 
− 2. The checks on operators and non-SME traders may also include, where appropriate, in particular where the examinations referred to in paragraph 1 have raised questions:
− 
− | (a) | on-the-ground examination of relevant commodities or of the relevant products with a view to ascertaining their correspondence with the documentation used for exercising due diligence; |
− | --- | --- |
− 
− | (b) | examination of corrective measures taken under Article 24; |
… diff truncated at 500 changed lines …