Submission of the Due Diligence Statements
1. Except where the Due Diligence Statement is made available through the electronic interface referred to in Article 28(2) of Regulation (EU) 2023/1115, the Information System users shall submit and manage the Due Diligence Statements of relevant products in the Information System.
2. Where a relevant product contains or has been made using wood, Information System users shall enter in the Due Diligence Statement the common names and full scientific names of the wood species which the relevant products contain or have been made with.
Amendment and withdrawal of Due Diligence Statements
1. The Information System shall enable Information System users to amend or withdraw Due Diligence Statements within 72 hours after the reference number for the Due Diligence Statement was made available in the Information System.
2. Due Diligence Statements cannot be amended or withdrawn within the duration set out in paragraph 1 after the Due Diligence Statement was used as a reference in a Due Diligence Statement submitted by the same or another Information System user.
3. The Due Diligence Statement shall not be amended or withdrawn by an Information System user after:
(a)
the Information System user was notified about the intention to carry out a check on the Due Diligence Statement or on the relevant product associated with the Due Diligence Statement, for the period of the check;
(b)
the relevant product was placed on or made available on the Union market pursuant to Regulation (EU) 2023/1115;
(c)
the reference number of the Due Diligence Statement was provided or made available to customs authorities before the release for free circulation or export of a relevant product entering or leaving the market as part of the procedures laid down in Chapter 4 of Regulation (EU) 2023/1115.
4. Without prejudice to paragraphs 2 and 3, upon individual and reasoned request of an Information System user, the competent authorities may extend the period referred to in paragraph 1 only when such period referred to in paragraph 1 has expired. Such extension shall not be longer than 8 calendar days. The request shall be based on reasons beyond the control of the Information System user, who shall, as part of their reasoned request, state that paragraph 3 of this Article is not applicable. Such extension shall also be possible retroactively after the period referred to in paragraph 1 has passed.
5. The amended Due Diligence Statement shall be subject to risk profiling as set out in Article 6. The risk profiling shall apply to the whole amended Due Diligence Statement.
Risk profiling
1. The Information System shall enable competent authorities to identify situations within the Information System where relevant products present such a high risk of non-compliance that they require immediate action before those relevant products are placed or made available on the market or exported, pursuant to Article 17 of Regulation (EU) 2023/1115, and to inform the competent authorities to identify the checks to be carried out and fulfil tasks conferred on them pursuant to Chapter 3 of Regulation (EU) 2023/1115.
2. For the purposes of paragraph 1, the Information System shall enable competent authorities to set up risk profiles in the Information System to support informed decision for selecting operators or traders or relevant products associated to the Due Diligence Statements on which to carry out checks. These risk profiles shall be based, inter alia, on the risk criteria set out in their annual plan of checks pursuant to Article 16(5) of Regulation (EU) 2023/1115, which is established in accordance with their risk-based approach pursuant to Article 16(3) of Regulation (EU) 2023/1115.
3. Upon its submission in the Information System, each Due Diligence Statement shall be subjected to an automated electronic risk profiling and the Information System shall assign a risk status to each Due Diligence Statement.
4. At any stage after submission of a Due Diligence Statement, competent authorities may review a Due Diligence Statement to determine whether a relevant product complies with Article 3 of Regulation (EU) 2023/1115. In such case, they may assign to the Due Diligence Statement a new risk status as a result of the review. If the competent authority assigns a new risk status to a Due Diligence Statement, such new risk status takes precedence over a risk status assigned pursuant to paragraph 3 of this Article.
Assigning and making available reference numbers
1. The Information System shall, without undue delay, assign a reference number and verification number to the Due Diligence Statement submitted by the Information System user after concluding the risk profiling referred to in Article 6.
2. The reference number and verification number shall be made available to the Information System user upon concluding the risk profiling referred to in Article 6.
3. The Information System shall enable competent authorities to delay the making available of the reference number to establish whether the relevant products comply with Article 3 of Regulation (EU) 2023/1115 and, in particular, to verify that the identified situation referred to in Article 6(1) of this Regulation is not applicable to that relevant product. Such delay shall be as short as possible and shall not exceed the period set out in Article 17(3) of Regulation (EU) 2023/1115. It may be further extended at the discretion of the competent authority.
Rejecting Due Diligence statements
1. In order to prevent a relevant product not complying with Regulation (EU) 2023/1115 from being placed or made available on the market or exported pursuant to Article 17 of Regulation (EU) 2023/1115, the competent authorities may reject a Due Diligence Statement, unless the reference number of a Due Diligence Statement has already become available to the Information System user.
2. The relevant product declared in a rejected Due Diligence Statement shall be deemed not covered by a Due Diligence Statement as required in Article 3, point (c) of Regulation (EU) 2023/1115.
3. The rejection shall be reflected in the Information System by the assignment of a specific status to the concerned Due Diligence Statement.
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
