In April 2025, ClientEarth released a report on the ‘legality requirement’ of the EU Deforestation Regulation (EDUR).

The ‘legality requirement’ refers to the EUDR requirement that commodities and products to which it applies have been produced in accordance with local laws. The report says the requirement has an unclear scope and “requires interpretation” to clarify its meaning.

The report argues that the legality requirement should be seen as “including all laws applicable in the country of production that affect the legal status of activities undertaken to produce the relevant commodities and products”. This includes pre-production and post-production activities; and the indirect and direct effects of those activities on the “plot of land” or “establishment” and surrounding area of production. Included laws “must either relate in some way to the topics listed in the EUDR as being relevant or must contribute to the Regulation’s objectives or purpose”.

The report highlights that understanding which laws fall within scope is fundamental for corporate compliance. The briefing therefore explores key legal and sectoral considerations in Brazil, Ghana, Indonesia and Côte d’Ivoire, for cattle, palm oil and soy production.

The report goes on to make several recommendations for approaching due diligence when assessing commodity production activities against the EUDR legality requirement