The need to comply with EUDR-related obligations is slowly coming for all entities that import or trade with commodities such as timber, rubber, cattle, cocoa, coffee, soya and oil palm (also products derived from them)

EUDR is an EU regulation, which means that it is a directly applicable regulation. In other words, the EUDR obligations apply automatically, without the need to implement them through national law. Nevertheless, this regulation contains elements that are rather typical of directives – it contains only general assumptions and a basic list of measures and sanctions that Member States may impose on economic operators and traders. Specific measures and sanctions (including their amount) are thus decided by individual states. The first category is precautionary measures, for which the Regulation provides minimum guidance. These are immediate measures when a possible violation of relevant commodities or products is detected under the Regulation. These measures include confiscation and, where appropriate, suspension of their placing on the market or making available on the market or their export. Another category is corrective measures that an economic operator or trader must take at the request of the competent authorities. Such measures include, for example, correcting formal deficiencies, preventing the placing on the market or making available or exporting the relevant product, withdrawing the product from the market or donating it to charity, or disposing of it. If the economic operator or trader fails to take such corrective action, they shall be taken by the competent authorities. It is important to remember that remedies do not serve as a substitute for penalties – they can be imposed alongside them. Penalties must be effective, proportionate and dissuasive under the Regulation. As the EUDR provides only a minimal list of sanctions and leaves the final decision on their form to individual Member States, these sanctions may vary within the European Union. The minimum range of sanctions includes, for example, fines, confiscation of products or income earned, temporary exclusion from public procurement and public financing, temporary ban on marketing, supply or export of commodities and products, and prohibition to carry out certain activities.