EUDR operator vs trader: who has to file the Due Diligence Statement
The operator who first places the product on the EU market files the Due Diligence Statement. [Reg. 2023/1115, Art. 4] Since the December 2025 amendment, downstream operators and traders generally do not file their own DDS — they collect and keep the upstream DDS reference numbers and pass them on. [Reg. 2025/2650, Art. 5]
The trap: many companies assume "we import it, so we file". Whether you are the first operator, or a downstream operator, or a trader, decides whether you file a statement, merely reference one, or must also register and verify.
The three roles
EUDR sorts every business into one of three roles. Your obligations follow from the role, not from your job title.
| Role | Who it is | Core duty |
|---|---|---|
| First operator | The person who first places the product on the EU market, or exports it — typically the importer of record, or an EU manufacturer using the commodity | Exercise due diligence and submit a DDS before the product moves [Reg. 2023/1115, Art. 4(2)] |
| Downstream operator | A business further down the chain that places an already-placed product on the market under its own name/brand | Collect and keep upstream DDS reference numbers; non-SMEs also register & verify [Reg. 2025/2650, Art. 5] |
| Trader | Anyone else in the supply chain making the product available on the market | Collect and keep reference numbers and supply-chain information [Reg. 2023/1115, Art. 5] |
What changed in December 2025 — and why it's the costliest thing to get wrong
Before the amendment, downstream operators were on the hook to run their own due diligence and submit their own statements. Regulation (EU) 2025/2650 restructured this. Now: [Reg. 2025/2650, Art. 5]
- Downstream operators no longer submit their own DDS. They rely on the statement filed upstream and keep its reference number.
- Non-SME downstream operators must register in the Information System and must verify that due diligence was exercised upstream before placing the product on the market. [Reg. 2025/2650, Art. 5(2), 5(6)]
- They must keep the reference numbers (and declaration identifiers) and be able to produce them on request. [Reg. 2025/2650, Art. 5(3)]
How to tell which one you are
- Do you import the product into the EU yourself, as importer of record? You are almost certainly the first operator and you file the DDS.
- Do you buy an in-scope product from an EU distributor and resell or use it? You are likely downstream — you collect reference numbers rather than file.
- Do you manufacture a new product in the EU using a relevant commodity (e.g. roast green coffee, make chocolate from beans)? Placing that product on the market can make you an operator with a filing duty.
- Are you a large (non-SME) business buying in-scope goods? Even downstream, you must register and verify — not just file the reference away.
Channel and brand ownership are what move you between these boxes, which is exactly why the position report asks how the goods reach the EU and whether they carry your name.
General information about Regulation (EU) 2023/1115, not legal advice — and not a deforestation assessment. This kind of screening determines your scope, role, deadline and documentary obligations; it does not verify that any plot of land is deforestation-free. Confirm your classification with counsel before relying on it for a market-access decision.
Find out where you actually stand
You don't need a traceability platform to start — you need to know your position and exactly what to ask your suppliers for. The EUDR position report screens your products against Regulation (EU) 2023/1115, names your role and deadline, tiers your origin countries, and hands you ready-to-send supplier data-request letters.
Check if my product is caught → get my EUDR position reportQuestions
Who has to file the EUDR Due Diligence Statement?
The operator who first places the relevant product on the EU market (or exports it) files the Due Diligence Statement before the product moves — Article 4 of Regulation (EU) 2023/1115. Downstream operators and traders generally do not file their own statement; they collect and keep the upstream DDS reference numbers.
What changed for downstream operators in December 2025?
Regulation (EU) 2025/2650 restructured downstream obligations. Downstream operators no longer submit their own Due Diligence Statement — they collect and retain the upstream reference numbers. Non-SME downstream operators must additionally register in the Information System and verify that due diligence was exercised upstream.
Am I an operator or a trader?
If you first place the product on the EU market (typically the importer of record) or manufacture it in the EU under your brand, you are an operator with a filing duty. If you make an already-placed product available further down the chain, you are a trader or downstream operator and generally collect reference numbers rather than file.
What happens if I get my role wrong?
If you are actually the first operator but assume you are downstream, you may fail to file a required Due Diligence Statement and your goods can be blocked at customs. If you assume you are the first operator but are downstream, you may build a due-diligence system you were not obliged to run. The role determination sets everything else.
Sources
- Regulation (EU) 2023/1115 (EU Deforestation Regulation) — https://eur-lex.europa.eu/eli/reg/2023/1115/oj — Art. 4 (obligations of operators; DDS submission), Art. 5 (obligations of traders).
- Regulation (EU) 2025/2650 (amending 2023/1115; dates of application and downstream obligations) — https://eur-lex.europa.eu/eli/reg/2025/2650/oj — Art. 5 (restructured downstream operator/trader obligations: collect reference numbers, non-SME registration and verification).
- European Commission — EUDR implementation, guidance & FAQ — https://green-business.ec.europa.eu/deforestation-regulation-implementation_en