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EU Deforestation Regulation In force

Overview

Jurisdiction
European Union
Topic
Supply Chain
Instrument type
Regulation
Reference number
2023/1115
Valid from
2023-06-29
Valid to
2029-12-31
Modified date
2025-12-26
Listed at
2026-08-06
Withdrawn at
-
Description
Rules for placing and making available on the Union market and exporting certain commodities and products associated with deforestation and forest degradation. The Regulation imposes due diligence, risk assessment, traceability, declaration and record-keeping obligations on operators, downstream operators and traders.

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Sources

Source URL Crawler Publish date
https://publications.europa.eu/resource/celex/02023R1115-20251226 Schokolade

Logs

Type Status Started at Finished at
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Rule sets

Label Effective
Operators of relevant products 2026-12-30 — 9999-12-31
Conditions:
  • Activities contains No Linked Attribute Value “placing relevant products on the market” “making relevant products available on the market” “exporting relevant products”
Downstream operators and traders 2026-12-30 — 9999-12-31
Conditions:
  • Activities contains No Linked Attribute Value “placing relevant products on the market” “making relevant products available on the market” “exporting relevant products”
Micro or small primary operators in low-risk countries 2027-06-30 — 9999-12-31
Applies from milestone:
Application Start (2027-06-30)
Expires at milestone:
-
Conditions:

Questions this regulation asks

Attributes only this regulation asks about — criteria no general attribute expresses. A company answers each once.

This regulation asks no questions of its own — every condition uses a general attribute.

Obligations

Title Kind Rule set
Assistance with authority checks Other -
Description:
Operators must provide all necessary assistance to competent authorities during checks.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Relevant products placed on the market or exported by operators
Checking responsibility:
Operator
Check method:
Access to premises and provision of documents and records
Rule set:
-
Source reference:
Article 4(6)
Source excerpt:
Operators shall offer all necessary assistance to the competent authorities to facilitate the carrying out of the checks under Article 18, including access to premises and the making available of documentation and records.
Simplified declaration and declaration identifier for micro and small primary operators Reporting -
Description:
Micro or small primary operators must submit a simplified declaration containing the information in Annex III before placing relevant products on the market or exporting them and may do so only after being assigned a declaration identifier. They must update the information after major changes; a separate submission is not required where all information is already available in another Union or Member State system.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Relevant products placed on the market or exported by micro or small primary operators
Checking responsibility:
Micro or small primary operators
Check method:
One-time electronic simplified declaration containing the information in Annex III; updating after major changes; assignment of a declaration identifier by the information system where applicable
Rule set:
-
Source reference:
Article 4a(2)-(4)
Source excerpt:
Micro or small primary operators shall submit a one-time simplified declaration in the information system referred to in Article 33 before placing relevant products on the market or exporting them. Those operators shall be assigned a declaration identifier after submitting their one-time simplified declaration. Micro or small primary operators shall provide the information set out in Annex III when submitting the simplified declaration in the information system referred to in Article 33. Those operators may update the information contained in their simplified declaration following any major changes to the information they provided. Where all information listed in Annex III is available in a system or database that exists under Union or Member State law, other than the information system referred to in Article 33, micro or small primary operators shall not be required to submit a one-time simplified declaration in accordance with paragraph 2 of this Article. Member States shall make that information per operator available in the information system referred to in Article 33. The micro or small primary operator shall place the relevant products on the Union market or export them only after having been assigned a declaration identifier.
Notification of new non-compliance risks by downstream operators and traders Reporting -
Description:
Downstream operators and traders must inform the competent authorities and the downstream operators and traders to whom they supplied the product when new information, including substantiated concerns, indicates a risk of non-compliance.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Relevant products placed, made available or exported by downstream operators or traders
Checking responsibility:
Downstream operators and traders
Check method:
Immediate notification to competent authorities and supplied downstream operators and traders upon receiving new information indicating a risk of non-compliance
Rule set:
-
Source reference:
Article 5(5)
Source excerpt:
Downstream operators and traders that obtain or are made aware of relevant new information, including substantiated concerns, indicating that a relevant product that they have placed or made available on the market is at risk of not complying with this Regulation shall immediately inform the competent authorities of the Member States in which they placed or made available on the market the relevant product as well as downstream operators and traders to whom they supplied the relevant product. In the case of exports, downstream operators shall inform the competent authority of the Member State which is the country of production.
Verification and notification upon information indicating non-compliance Due Diligence -
Description:
Non-SME downstream operators and non-SME traders must immediately inform the competent authorities before placing, making available or exporting products when they receive information indicating non-compliance. In cases of substantiated concerns, they must verify that due diligence was exercised and that no more than negligible risk was found; they must not place, make available or export the products unless that verification produces the required result.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Relevant products intended to be placed, made available or exported by non-SME downstream operators or non-SME traders
Checking responsibility:
Non-SME downstream operators and non-SME traders
Check method:
Immediate notification to competent authorities and verification of due diligence and risk level before making available or exporting
Rule set:
-
Source reference:
Article 5(6)
Source excerpt:
If non-SME downstream operators and non-SME traders obtain or are made aware of relevant information indicating that a relevant product is not in compliance with the requirements set out in this Regulation, prior to placing or making available on the market or exporting relevant products, they shall immediately inform the competent authorities of the Member States in which they intend to place or make available on the market or from which they intend to export those relevant products. In the case of substantiated concerns, they shall verify that due diligence was exercised and that no or only a negligible risk was found. They shall not place or make available on the market or export relevant products unless the verification demonstrates no or only a negligible risk of non-compliance.
Providing declaration references to customs authorities Record Keeping -
Description:
The person lodging the customs declaration for a relevant product must provide customs authorities with the associated due diligence statement reference number or declaration identifier before release for free circulation or export, unless the statement is made available through the electronic interface. This does not apply to exports by a downstream operator.
Frequency:
Event-triggered
Check frequency:
-
Products/Services:
Relevant products entering or leaving the Union market
Checking responsibility:
Person lodging the customs declaration
Check method:
Providing the due diligence statement reference number or declaration identifier to customs authorities before release for free circulation or export
Rule set:
-
Source reference:
Article 26(4)
Source excerpt:
The reference number of the due diligence statement or the declaration identifier for micro or small primary operators shall be made available to customs authorities before the release for free circulation or export of a relevant product entering or leaving the market. For that purpose, except where the due diligence statement is made available through the electronic interface referred to in Article 28(2), the person lodging the customs declaration for release for free circulation or export of a relevant product shall make available to customs authorities the reference number of the due diligence statement or the declaration identifier for micro or small primary operators associated to that relevant product. This paragraph shall not apply to the export of a relevant product by a downstream operator.

Measures

No measures.

Penalties

Description Kind Rule set
Fines proportionate to the environmental damage and value of the relevant commodities or products, designed to deprive those responsible of the economic benefits of the infringement; for legal persons, the maximum fine must be at least 4% of the operator’s, downstream operator’s or trader’s total Union-wide annual turnover in the financial year preceding the fining decision and must be increased where necessary to exceed the economic benefit gained. Monetary Fine -
Responsible authority:
Member States
Source reference:
Article 25(2)(a)
Source excerpt:
fines proportionate to the environmental damage and the value of the relevant commodities or relevant products concerned, calculating the level of such fines in such way as to ensure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; in the case of a legal person, the maximum amount of such a fine shall be at least 4 % of the operator’s, downstream operator’s or trader’s total annual Union-wide turnover in the financial year preceding the fining decision, calculated in accordance with the calculation of aggregate turnover for undertakings laid down in Article 5(1) of Council Regulation (EC) No 139/2004, and shall be increased, where necessary, to exceed the potential economic benefit gained;

Milestones

Date Type Description
2023-06-29 Entry into Force Entry into force of the Regulation
Source reference:
Article 38(1)
Source excerpt:
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2026-04-30 Other Simplification review of the Regulation
Source reference:
Article 34(1a)
Source excerpt:
By 30 April 2026, the Commission shall carry out a simplification review of this Regulation and on this basis present a report to the European Parliament and to the Council accompanied, where appropriate, by a legislative proposal.
2027-06-30 Application Start Application starts for certain micro and small companies acting as operators
Source reference:
Article 38(3)
Source excerpt:
the Articles referred to in paragraph 2 of this Article shall apply from 30 June 2027.

Linked regulations

Type Regulation
Cites Environmental Information Directive
Repeals Regulation (EU) No 995/2010
Cites Directive 2013/34/EU
Cites Directive (EU) 2018/2001
Cites Regulation (EC) No 2173/2005
Cites Directive 2008/99/EC
Cites Council Regulation (EC) No 139/2004
Cites Regulation (EU) No 952/2013
Cites Regulation (EU) 2019/1020
Cites Regulation (EU) 2022/2399
Cites Whistleblower Protection Directive
Cites Regulation (EU) No 182/2011
Cites Regulation (EEC) No 2658/87
Cites Directive 2008/98/EC
Cites Directive (EU) 2019/1937
Cites Directive 2003/4/EC
Cites Regulation (EU) No 952/2013