EUDR penalties, checks and enforcement by national authorities
National competent authorities and customs enforce the EUDR through risk-based checks. Here is how often companies are checked and what sanctions apply.
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Penalties set by Member States
Member States set penalties that must be effective, proportionate and dissuasive. For a legal person, the maximum fine must be at least 4% of total annual EU-wide turnover in the previous financial year.
Other penalties include confiscation of the products and revenues, exclusion for up to 12 months from public procurement and funding, and, after serious or repeated infringements, a temporary ban on placing on the market or exporting and loss of simplified due diligence.
How often companies are checked
Annual checks must cover at least 1% of the operators, non-SME downstream operators and non-SME traders sourcing from low-risk countries, 3% for standard-risk countries, and 9% of companies and of the quantity of each product for high-risk countries.
Before release for free circulation or export, the statement reference number or declaration identifier must be made available to customs.
Frequently asked questions
Can goods be seized during an investigation?
Yes. Authorities can take immediate interim measures, including seizure or suspension of placing on the market or export, when potential non-compliance is detected.
What corrective action can authorities require?
The company must end the non-compliance within a reasonable period, for example by rectifying formal errors, keeping the product off the market, withdrawing or recalling it, or donating it to charitable purposes.
Can a due diligence statement be changed after submission?
Only within a set delay, which only the competent authority can extend. A statement referenced in other statements cannot be amended or withdrawn.
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