EXPERT OPINION OF SIR NICHOLAS FORWOOD K.C. ON THE INTERPRETATION OF ARTICLES 2(40) AND 3(b) OF REGULATION (EU) 2023/1115 OF THE EUROPEAN PARLIAMENT AND COUNCIL

The document analyzes the scope of 'relevant legislation' under the EUDR, arguing for a broad, teleological interpretation that includes any law with a significant link to halting deforestation, regardless of whether it regulates formal land interests or is limited strictly to the production phase.

• The term 'area of production' should be interpreted broadly to include not only the specific 'plot of land' or 'establishment' where commodities are produced, but also the surrounding vicinity if that area is directly or indirectly impacted by the production process.
• The phrase 'concerning the legal status of the area of production' does not limit 'relevant legislation' to laws regulating formal legal interests in land; it encompasses broad categories such as labour rights, tax, and anti-corruption regulations.
• Legislation is considered 'relevant' if its content has a significant link to the EUDR's objectives of halting deforestation and forest degradation, even if the law's primary purpose is not the specific regulation of the categories listed in Article 2(40).
• The requirement for compliance with 'relevant legislation' regarding tax, anti-corruption, trade, and customs regulations extends beyond the production phase to include the subsequent commercialisation, trade, export, and import of goods.
• International human rights law and treaties constitute 'relevant legislation' if the producer country has a 'monist' legal system where international obligations produce legal effects within the domestic order; they are excluded only in truly 'dualist' states.

APA

Forwood, S. N. (2025). EXPERT OPINION OF SIR NICHOLAS FORWOOD K.C. ON THE INTERPRETATION OF ARTICLES 2(40) AND 3(b) OF REGULATION (EU) 2023/1115 OF THE EUROPEAN PARLIAMENT AND COUNCIL. ClientEarth. https://www.clientearth.org/media/t5jfvfp4/expert-opinion-of-sir-nicholas-forwood-kc-final-28-feb-2025.pdf

Chicago

Forwood, Sir Nicholas. EXPERT OPINION OF SIR NICHOLAS FORWOOD K.C. ON THE INTERPRETATION OF ARTICLES 2(40) AND 3(b) OF REGULATION (EU) 2023/1115 OF THE EUROPEAN PARLIAMENT AND COUNCIL. ClientEarth, 2025. https://www.clientearth.org/media/t5jfvfp4/expert-opinion-of-sir-nicholas-forwood-kc-final-28-feb-2025.pdf.

Wikipedia

{{cite report |last1=Forwood |first1=Sir Nicholas |title=EXPERT OPINION OF SIR NICHOLAS FORWOOD K.C. ON THE INTERPRETATION OF ARTICLES 2(40) AND 3(b) OF REGULATION (EU) 2023/1115 OF THE EUROPEAN PARLIAMENT AND COUNCIL |publisher=ClientEarth |date=28 February 2025 |url=https://www.clientearth.org/media/t5jfvfp4/expert-opinion-of-sir-nicholas-forwood-kc-final-28-feb-2025.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{forwood2025expert, author = {Forwood, Sir Nicholas}, title = {{EXPERT OPINION OF SIR NICHOLAS FORWOOD K.C. ON THE INTERPRETATION OF ARTICLES 2(40) AND 3(b) OF REGULATION (EU) 2023/1115 OF THE EUROPEAN PARLIAMENT AND COUNCIL}}, institution = {ClientEarth}, year = {2025}, month = feb, url = {https://www.clientearth.org/media/t5jfvfp4/expert-opinion-of-sir-nicholas-forwood-kc-final-28-feb-2025.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }