EU Deforestation Regulation Applicability Test

Start with the exact customs/product description, not a broad supplier category. EUDR scope attaches to relevant commodities and relevant products listed in Annex I, including cattle, cocoa, coffee, oil palm, rubber, soya, and wood, plus the derived products listed in the Annex.

If the product is not a relevant commodity or a listed derived product, this EUDR applicability test should normally stop there. If it is listed, check when the underlying commodity was produced: Article 1(2) generally excludes relevant products produced before 29 June 2023. For timber and timber products covered by Regulation (EU) No 995/2010, Article 37 instead continues that earlier regime through 31 December 2029 for the specified pre-29 June 2023 production cohort. Then continue to the EU market activity test and keep the classification and production-date evidence with the supplier or shipment record.

Use Annex I as amended by Delegated Regulation (EU) 2026/2102, which entered into force on 18 September 2026. The December 2025 consolidated text alone no longer gives the current product list. For example, specified cattle hides and leather entries were removed, while added frozen cattle tongues and coffee extracts apply from 30 December 2027. Record the exact amended entry, any exclusion, and the entry-specific application date before continuing the test.

The EUDR trigger is tied to market activity. A covered product may not be placed on the EU market, made available on the EU market, or exported unless the EUDR conditions are met.

For an applicability review, classify the transaction before assigning duties. Importing or first supplying an in-scope product into the EU market points toward an operator analysis. Supplying an in-scope product further in the EU market points toward a trader or downstream-operator analysis. Exporting an in-scope product from the EU also needs an EUDR role and evidence check.

After product and activity are confirmed, classify the business role. An operator places relevant products on the market or exports them, except where the business is a downstream operator. A downstream operator places on the market or exports relevant products made using relevant products already covered by a due diligence statement or simplified declaration. A trader makes relevant products available on the market and is not an operator or downstream operator.

This role classification matters because it changes the evidence path. Operators perform due diligence before placing or exporting and submit the required statement unless a simplified declaration route applies. Downstream operators and traders must have the Article 5 supply-chain information before placing, making available, or exporting, and downstream operators and traders outside the micro, small and medium-sized enterprise (SME) categories also register in the Article 33 information system.

For operators, the standard path is due diligence before placing on the market or exporting. That due diligence includes information collection, risk assessment, and risk mitigation, and the operator does not place or export unless the assessment shows no or only negligible risk of non-compliance.

Simplified due diligence is narrower than a general exemption. When relevant products are produced in countries or parts of countries classified as low risk, operators may avoid the Article 10 risk-assessment and Article 11 risk-mitigation steps only after assessing supply-chain complexity and risks of circumvention or mixing, ascertaining low-risk production, and being able to provide documentation on request.

A useful EUDR applicability record should let a reviewer see why the product is in or out of scope, what EU market activity triggered the review, which actor role was assigned, and which due diligence or information path applies.

Keep the record close to the commercial workflow that creates the EUDR trigger. Product, procurement, trade compliance, and legal teams should be able to connect the same applicability decision to supplier onboarding, import or export records, customer supply, and due diligence statement or declaration identifiers.