Monitoring Organisations have been cut down

The “EUTR” Timber Regulation (EU) 995/2010 introduced so-called Monitoring organisations (MO). Monitoring organisations are recognized by the European Commission. Their role is to support timber operators with their due diligence system. And to take action in the event of failure by an operator to properly use its due diligence system, including notification of competent authorities in the event of significant or repeated failure by the operator.

The evaluation or ‘Fitness Check’ of the EUTR revealed that monitoring organisations have not delivered the levels of support expected. Operators made limited use of monitoring organisations, citing (lack of) confidentiality, costs and exposure if in breach as the main reasons.

As a result, monitoring organisations are no longer included in the “EUDR” Deforestation Regulation (EU) 2023/1115 that succeeds the EUTR from 30 December 2024.

The EUDR offers an alternative in the form of authorised representatives. Companies complying with the EUDR must submit a Due Diligence Statement (DDS) through the EU information system.

Operators and traders may mandate authorised representatives to submit a due diligence statement on their behalf. In this case, the operator and trader will retain responsibility for the compliance of the relevant products.

If the operator is a natural person or micro-enterprise, it may mandate the next operator or trader in the supply chain to act as its authorised representative, if this is not a natural person or micro-enterprise. In this case, the mandating operator retains responsibility for the compliance of the product.