The EU Timber Regulation due diligence obligation: An appropriate tool

The EU Timber Regulation (EUTR) requires operators to exercise due diligence to prevent illegally harvested timber from entering the EU market. Because absolute certainty regarding legality is often unattainable due to remote harvest points and inaccessible laws, the EUTR employs a risk-based approach. This framework consists of three mandatory steps: accessing information on the supply chain, assessing the risk of illegality, and implementing risk mitigation measures if the risk is greater than negligible. Timber can only be placed on the market if the risk is 'close to zero (negligible)'. While the framework's parameters are fixed, the specific measures an operator takes must be proportional to the context, such as the degree of risk, available information, product complexity, and the reliability of certification. Certification is not a proxy for compliance; operators must still conduct due diligence and evaluate the veracity of certification tools.

• The EUTR utilizes a risk-based approach because absolute certainty regarding the legality of timber is often impossible due to the distance and time between the operator and the point of harvest, as well as difficulties in accessing relevant laws.
• The mandatory due diligence framework consists of three sequential steps: accessing information (including identifying legal requirements in the country of harvest), assessing the risk based on EUTR criteria, and mitigating any risk that is found to be greater than negligible.
• Timber products are prohibited from being placed on the EU market if a clear illegality is detected or if risk mitigation measures fail to reduce the risk to a negligible level.
• The intensity of due diligence measures should be proportional to specific variables, including the degree of risk, the operator's existing knowledge of the supply chain, the complexity of the product, and the quality of forest governance in the country of harvest.
• While certification may suggest a lower risk of illegality, it does not replace the legal obligation to perform due diligence, and operators must verify the reliability and legality criteria of the certification tools used.

APA

de Rouvre, D., & Unwin, E. (2015). The EU Timber Regulation due diligence obligation: An appropriate tool. ClientEarth. https://www.clientearth.org/media/1d4fadst/2015-11-25-the-eu-timber-regulation-due-diligence-obligation-an-appropriate-tool-ce-en.pdf

Chicago

de Rouvre, Diane, and Emily Unwin. The EU Timber Regulation due diligence obligation: An appropriate tool. ClientEarth, 2015. https://www.clientearth.org/media/1d4fadst/2015-11-25-the-eu-timber-regulation-due-diligence-obligation-an-appropriate-tool-ce-en.pdf.

Wikipedia

{{cite report |last1=de Rouvre |first1=Diane |last2=Unwin |first2=Emily |title=The EU Timber Regulation due diligence obligation: An appropriate tool |publisher=ClientEarth |date=November 2015 |url=https://www.clientearth.org/media/1d4fadst/2015-11-25-the-eu-timber-regulation-due-diligence-obligation-an-appropriate-tool-ce-en.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{derouvre2015timber, author = {de Rouvre, Diane and Unwin, Emily}, title = {{The EU Timber Regulation due diligence obligation: An appropriate tool}}, institution = {ClientEarth}, year = {2015}, month = nov, url = {https://www.clientearth.org/media/1d4fadst/2015-11-25-the-eu-timber-regulation-due-diligence-obligation-an-appropriate-tool-ce-en.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }