Brasil SustentabilidadeEUDR Guide
EUDR Guide / Part IV — Authorities, enforcement and governance
19

Substantiated concerns and access to justice

Page 21 of 36 2 min read

19.1 What a substantiated concern is

It is a duly reasoned claim, based on objective and verifiable information, of non-compliance with the Regulation that may require intervention by the authorities (Article 2, point 31). Any natural or legal person may raise one — NGOs, journalists, competitors, communities, workers (Article 31(1)).

19.2 Quality requirements (FAQ 4.15)

  • Duly reasoned: transparent, concrete, logical and defensible reasoning that allows the reader to reconstruct how the conclusions were reached.
  • Objective and verifiable: supported by evidence as far as possible.
  • Specific: it must identify who, how and when the possible non-compliance occurs. A generic modus operandi or a general trade flow is not enough. Pointing to illegal harvesting in a country where the company buys, without linking the cases to that company's operations, is not a substantiated concern.

Recommended elements: identification of the target; identification of the person raising the concern (unless that would put their safety at risk); the alleged breach; the law of the country of production that was breached, where illegality is alleged; where and when it occurred; the consignments, species or quantities involved; evidence (photographs, reports, witnesses, data from authorities or civil society, certification audits); and any other useful information.

19.3 Who it goes to and what happens next

  • To the competent authority: which assesses it diligently and impartially, takes measures — checks, hearings, interim measures — and informs the person who raised it of the follow-up, with reasons, within 30 days, unless national law provides otherwise. Member States protect the identity of the person raising the concern (Article 31(2) to (4)).
  • To the company itself: which must inform the authorities and, where applicable, the mitigation measures taken (Articles 4(5) and 5(5) and (6)).

19.4 Access to justice (Article 32)

Persons with a sufficient interest, including those who raised a concern, have access to administrative or judicial procedures to challenge decisions, acts or omissions of the competent authorities, in accordance with national law.

Quiz

Check what you understood

3 questions on this chapter. Pick an option to see the answer.

1. An NGO reports illegal harvesting in a country where your company buys, without linking it to your operations. Is that a substantiated concern?

FAQ 4.15 requires a duly reasoned, objective, verifiable and specific claim. A generic modus operandi or a general trade flow is not enough.

2. Who can submit a substantiated concern about soy from a Brazilian farm?

Art. 31. Member States protect the identity of whoever submits it.

3. Within what period does the authority tell the submitter how the concern was followed up?

Art. 31. In practice, a concern about a European customer reaches origin within days — the exporter needs to respond quickly.

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