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Regulation (EU) 2023/1115 on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation (EUDR) is intended to minimise global deforestation, reduce greenhouse gas emissions and prevent biodiversity loss.
EUDR sets rules on products being placed on the EU market or being exported from the EU if they are produced from commodities which pose a risk of deforestation anywhere in the world. The Regulation covers a wide range of products listed in Annex I and is particularly relevant for the food and timber industries.
The 7 relevant commodities covered under EUDR are:
Originally intended for implementation at the end of 2024 the EU Parliament voted on 14th November 2024 to make amendments to EUDR, extending the implementation deadlines to:
In addition to delaying implementation dates, the EU Parliament also agreed to include less stringent requirements when importing products from countries classified as ‘no risk’. The EU’s benchmarking of countries for EUDR is scheduled to be finalised by 20th June 2025.
N.B. EUDR replaces the EU Timber Regulation (Regulation (EU) 995/2010) expanding requirements and the scope of products covered. Timber product types not covered under the EU Timber Regulation but now covered under EUDR are exempt from EUDR provided they were produced before 29th June 2023. Products covered by the EU Timber Regulation produced before 29th June 2023 are covered by that regulation until 31st December 2027, after which point they are covered by EUDR.
The rules apply directly to organisations established in any EU country who place products on the market or export them (EU operators and traders), but is relevant to all organisations within the entire supply chain, regardless of where in the world they are based.
EU operators and traders must ensure that relevant products and commodities are:
EU operators and traders must prove products are compliant through the collection of information, documents and data and using this assess the risk of products being non-compliant. This includes being able to trace products and commodities back to their source. Records must be kept for 5 years.
Non-EU organisations who manufacture and supply relevant products and commodities up the supply chain will need to support EU organisations by providing evidence to prove where goods originated from, that they are deforestation-free and have been produced legally. Exporting relevant products and commodities to the EU which cannot be verified for compliance runs the risk of the goods being stopped by customs, or rejected by EU customers.
Additional information on EUDR can be found on the European Commission website here.
Jurisdiction: Republic of Ireland
Commencement: 25th October 2024
Amends: New Legislation
Jurisdiction: EU
Commencement: 1st May 2026
Amends: Regulation (EC) 1272/2008 on classification, labelling and packaging of substances and mixtures
Various duties apply and are available to view on the Legislation Update Service.
Amendment
Annex VI – harmonised classification and labelling for certain hazardous substances is updated. The modifications include harmonised classification and labelling for a significant number of substances being introduced, updated or removed.
To allow sufficient time for suppliers to adapt, the changes will apply from 1st May 2026.
Jurisdiction: EU
Commencement: 6th October 2024
Amends: Regulation (EU) 528/2012 concerning the making available on the market and use of biocidal products
Regulation (EU) No 528/2012 of the European Parliament and of the Council concerning the making available on the market and use of biocidal products (‘Biocidal Products Regulation’) sets out the requirements which apply to biocidal products. The Regulation primarily concerns those manufacturers, importers, etc. who wish to place biocidal products on the market.
Biocidal products are products designed to control, by chemical or biological means (but not solely by physical means), harmful organisms which include not only pathogens, but also some vermin, fish, and birds. Biocidal products contain one or more ‘active substances’ which act on the harmful organisms.
Before placing a harmful product on the market in an EU Member State, the person who wishes to place it on the market must ensure that:
The Biocidal Products Regulation is directly applicable in all EU Member States.
There are several routes by which a product may become authorised. A product may be authorised in one Member State, but this does not automatically allow it to be placed on the market in other Member States. It is therefore important to ensure that the correct process has been followed if the product is to be placed on the market in other Member States.
Users must use biocidal products in accordance with any labelling and conditions which apply to the product (which information should be made available with the product). Users do not need to apply for authorisation.
Various duties apply and are available to view on the Legislation Update Service.
Lhoist is authorised to use and sell the biocidal product* ‘Ca(OH)2 PT02’ from 6th October 2024 until 30th November 2033, subject to the conditions set out in the Annex.
*A biocidal product is a product with an active substance that is intended to destroy, deter, render harmless, prevent the action of, or otherwise exert a controlling effect on harmful or undesired organisms.
**Ca(OH)2 PT02 is used as a disinfectant not intended for direct application to humans or animals.
Jurisdiction: Great Britain
Commencement: 2nd September 2024 and 26th April 2025.
Amends:
Assimilated Regulation 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products sets out the official controls to be carried out on animals and relevant goods entering Great Britain by the relevant competent authorities.
Various duties apply and are available to view in full on the Legislation Update Service.
Amendment
Amendment to The Official Controls (Plant Health) (Frequency of Checks) Regulations 2022 & Assimilated Regulation 2017/625 on official controls and other official activities performed to ensure the application of food and feed law, rules on animal health and welfare, plant health and plant protection products
Amendment to Assimilated Regulation 2019/2072 establishing uniform conditions for the implementation of Regulation (EU) 2016/2031 as regards protective measures against pests of plants
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Jurisdiction: United Kingdom
Commencement: 31st December 2023
Amends: Assimilated Regulation 1107/2009 concerning the placing of plant protection products on the market
N.B. This entry refers to the assimilated legislation as it applies in England, Scotland and Wales (GB) only, the EU version linked at the top of this entry applies in Northern Ireland.
Regulation (EC) No 1107/2009 (‘PPP Regulation’) is enforced by The Plant Protection Products Regulations 2011 and The Plant Protection Products (Fees and Charges) Regulations 2011.
Various duties apply.
Seeds that have been treated with a plant protection product before 31st December 2020 may continue to be placed on the market until 1st July 2027, in accordance with the Plant Protection Products (Miscellaneous Amendments) (EU Exit) Regulations 2019.
Parallel trade permits
A new framework has been introduced for parallel trade permits*.
*Parallel trade permits allowed plant protection products to be imported from the European Union into the United Kingdom where the product was identical in composition to a plant protection product already authorised in the UK.
Holders of parallel trade permits must apply to reinstate the permit by 1st April 2024. Applications must include:
Parallel trade permits are valid:
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Jurisdiction: Great Britain
Commencement: 31st December 2023
Amends: Assimilated Regulation 1272/2008 on classification, labelling and packaging of substances and mixtures
Various duties apply.
It is no longer a requirement to include the chemical’s unique formula identifier in the supplemental information section of a label.
The following amendments are revoked in response to the Retained EU Law (Revocation and Reform) Act 2023 (a previous update).
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The status of the EU law retained by the UK since Brexit changes at the end of 2023, what effect will it have for you and your organisation?
The Compliance People consultant Matt Peers looks at the upcoming changes brought about by the Retained EU Law (Revocation and Reform) Act 2023.
Following the United Kingdom’s decision to leave the European Union in 2016 there has been much debate and concern about how this would affect the thousands of pieces of legislation which originated from the EU and its associated impacts. The Retained EU Law (Revocation and Reform) Act 2023 was passed on 29th June 2023 and provides clarity on the future of retained EU law in the UK.
The Government’s finalised plans confirm that much of the UK’s domestic legislation and direct legislation incorporated from the EU will continue to apply, with just 587 laws being revoked in full or part at the end of 2023. The vast majority of laws which will be revoked are either duplicates, no longer applicable, or expired. As such, the revocation will have little impact to most individuals and organisations across England, Wales, Scotland and Northern Ireland. A full list of the schedule of EU law that will be revoked or sunset at the end of 2023 can be found on the Government website here.
At the end of 2023 all EU-originating law which will continue to be retained will become known as ‘assimilated law’, rather than ‘retained EU law’. Effectively these laws will become secondary UK legislation with ministers and authorities having specific powers to restate, replicate, revoke or replace EU-originating law until 23rd June 2026.
Wider changes at the end of 2023 include the removal of the general principles of EU law in the UK, as well as revocation of the principle of supremacy of EU law over domestic law in the UK.
The vast majority of EU-originating laws will continue to be in effect after 31st December 2023, with relatively few being revoked, providing organisations with certainty and continuity as they operate across the UK post-Brexit.
Jurisdiction: UK
Commencement: 21st August 2023
Amends: Building Safety Act 2022 (c. 30)
*Driver activities includes driving time, speed, distance, and the loading and unloading of vehicles.
GB Retained: Regulation (EU) 165/2014 on tachographs in road transport, repealing Regulation (EEC) 3821/85 on recording equipment in road transport and amending Regulation (EC) 561/2006 on the harmonisation of certain social legislation relating to road transport sets out requirements for tachographs to be installed in all vehicles used for the carriage of passengers or goods. Duties are also imposed on the construction, installation, use and testing of tachographs.
Various duties apply.
Regulation (EU) 2016/799 implementing Regulation (EU) No 165/2014 laying down the requirements for the construction, testing, installation, operation and repair of tachographs and their components
From 21st August 2023, newly registered vehicles which are used for the carriage of passengers or goods by road must have a smart tachograph 2* installed.
Annex IC (requirements for construction, testing, installation, and inspection) is amended to introduce the requirements for the smart tachograph 2.
*A smart tachograph 2 records border crossings using a digital map as well as when a vehicle is being loaded and unloaded. There are also stronger anti-tamper mechanisms
GB Retained: Regulation (EU) 165/2014 on tachographs in road transport, repealing Regulation (EEC) 3821/85 on recording equipment in road transport and amending Regulation (EC) 561/2006 on the harmonisation of certain social legislation relating to road transport
From 21st February 2024, vehicles must contain the second version of smart tachographs (‘smart tachograph 2’)*.
*Smart tachograph 2 has stronger anti-tamper mechanisms and has more advanced features.
Recording of vehicle position
From 21st August 2023, vehicles registered for the first time must record information on border-crossing.
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Jurisdiction: United Kingdom
Commencement: 31st December 2023
Amends:
Links to the individual various pieces of legislation are included below:
Various duties apply.
Some EU-derived legislation will be revoked on 31st December 2023. However, any amendments made by law it revokes will still stand.
Further information can be found below in the full government text.
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