Expert legal opinion on the EUDR ‘legality requirement'

The EU Deforestation Regulation (the “EUDR”) includes a requirement that products must have been produced legally in order to be imported into, exported from, or traded on the EU market. This is known as the ‘legality requirement’. However, the precise scope of this requirement is unclear. For example, which local laws are relevant and what activities must be compliant with them?

To resolve this uncertainty, ClientEarth commissioned an independent expert legal opinion from a former judge of the Court of Justice of the European Union, Sir Nicholas Forwood.

This legal opinion clarifies the scope of producer-country laws that fall within the EUDR legality requirement and the production activities to which the requirement applies.

For a comprehensive analysis of these questions and case studies applying the legality requirement in Brazil, Cote d’Ivoire, Ghana and Indonesia, please refer to ClientEarth’s briefing Was it produced legally? Understanding the legality requirement in the EU Deforestation Regulation