EUDR cooperation and partnerships

Country Benchmarking

The benchmarking system operated by the Commission will classify countries, or parts thereof, in three categories (high, standard and low risk) according to the level of risk of producing commodities that are not deforestation-free in such countries. 

The criteria for the identification of countries' risk status, or parts thereof, are defined in Art. 29 of the Regulation. Art. 29(2) of the EUDR mandates the Commission to develop a system and publish the list of countries, or parts thereof, that present a low or high risk. It will be based on an objective and transparent assessment analysis of quantitative and qualitative criteria, taking into account the latest scientific evidence, internationally recognised sources, and information verified on the ground.

The main principles of the benchmarking methodology are outlined in the Annex to the Strategic Framework on International Cooperation, published by the Commission on 2 October 2024.

The Commission's methodology is firmly rooted in a commitment to fairness, objectivity and transparency. It relies on quantitative criteria based on scientific evidence and internationally recognised, latest available data, primarily from the Global Forest Resources Assessment by the Food and Agriculture Organization of the United Nations.

By focusing on these measurable factors, the Commission ensures that the classification process is grounded in solid data, while combined with a methodology for a qualitative assessment, where relevant.

EU Observatory on deforestation and forest degradation

The EU Observatory builds on already existing monitoring tools, including Copernicus products and other publicly or privately available sources, to support the implementation of the Regulation by providing scientific evidence on land cover maps on the cut-off date, global deforestation and forest degradation, and related trade.

The use of these maps does not automatically ensure that the conditions of the Regulation are complied with. They are a tool to help companies ensure compliance with the Regulation, for example, to assess the risk that a plot of land was deforested after 2020. Companies are still obliged to carry out due diligence.

The EU Observatory on deforestation and forest degradation covers all forests worldwide, including European forests, and is developed in coherence with other ongoing EU policy developments, such as the Forest Monitoring Law and upgrading and enhancement of the Forest Information System for Europe (FISE).

The primary purpose of maps produced by the EU Observatory is to inform the risk assessment by operators/traders and EU Member States' Competent Authorities (CAs). As such, maps, including the Global Forest Cover map for the year 2020 (see 9.10.1), have the following features:

• Non-mandatory: There is no obligation compelling operators/traders (or CAs) to use maps of the EU Observatory to inform their risk assessment.
• Non-exclusive. Operators and traders (as well as CAs) may avail themselves of other maps that can be more granular or detailed than those made available by the Observatory. The regulation is not prescriptive on the modalities to inform the risk assessment. The Observatory is one of the many available tools that the Commission offers free of charge.
• Legally non-binding. Maps made available by the EU Observatory may be used for risk assessment. However, the fact that the geolocation provided falls within an area considered as forest does not automatically lead to a conclusion of non-compliance. On the other hand, it cannot be assumed that a product will be compliant or that it will not be checked if its geolocation falls outside an area considered as forest on a map. Reasons for this could be other risk factors not covered by the map, the accuracy and spatial granularity of the map, or the possible non-compliance of the product with relevant legislation of the country of production. Random checks will also consider plots of land that do not correspond to forest on the map.

Enforcement

The EU Member States’ competent authorities (EUMS CAs) should carry out checks to establish that the relevant commodities and products that have been or are intended to be placed on or made available on the market or exported, come from deforestation-free plots of land and were produced legally (as per their obligation under Art. 16). This includes conducting checks on the validity of the due diligence statements, and the overall compliance of the operators and traders with the provisions of the Regulation. 

For more information on the scope of EUMS CAs obligations, please refer to Articles 18 and 19 of the Regulation. 

In the context of the implementation of this Regulation, Competent Authorities of EU Member States will use the definitions set out in Article 2 of the Regulation. 
A regulation is a binding legislative act in the EU. It must be applied in a harmonized manner in its entirety in the 27 EU Member States. 

Suspension period for "high-risk" products

Competent authorities may identify situations where relevant products present a high risk of being non-compliant with the requirements of the Regulation on the basis of different circumstances, including on the spot checks, the outcome of their risk analysis in their risk-based plans, or risks identified through the information system, or on the basis of information coming from another competent authority, substantiated concerns etc. In such cases, the competent authorities can introduce interim measures as defined in Article 23, including the suspension of placing or making available the product on the market. This suspension should end within three working days, or 72 hours in case of perishable products. However, the competent authority can come to the conclusion, based on checks carried out in this period of time, that the suspension should be extended by additional periods of three days to establish if the products is compliant with the Regulation.

Products from high-risk countries

Operators sourcing from standard and high risk countries or parts of countries are subject to the same standard  due diligence obligations. The only difference is that shipments from high-risk countries will be subject to enhanced scrutiny from competent authorities (9% of operators sourcing from high-risk areas). In that sense, drastic changes of supply chains are not warranted or expected. Furthermore, high risk classification will entail a specific dialogue with the Commission to address jointly the root causes of deforestation and forest degradation, and with the objective to reduce their level of risk.