Co author: Sebastian Sievers
On 21 October 2025, the European Commission proposed an amendment to the EU Deforestation Regulation (EUDR). The objective is to reduce the administrative burden for companies, ensure the technical functionality of the EUDR IT system and at the same time maintain effective traceability of goods placed on the EU market.
Background: The EUDR is a key EU instrument to combat deforestation and forest degradation, which are major drivers of climate change and biodiversity loss.
Key elements of the proposal – What will change?
1. No simplifications for primary market operators importing products into the EU
2. Simplification of obligations for downstream participants and traders
- Downstream operators and traders will no longer be required to submit their own due diligence statements. Only primary market operators, e.g. first importers into the EU market, will continue to be required to submit due diligence statements.
- However, downstream market operators and traders will still be required to (i) record the following information: contact details of upstream suppliers, reference numbers and contact details of market participants/traders to whom they supply the products, (ii) retain the information for five years, and (iii) pass this information on to downstream market operators/traders.
- Downstream market operators and traders will no longer be required to appoint an EUDR compliance officer and an independent audit function (Art. 11(2) EUDR) and to submit a report (Art. 12(3) EUDR).
3. Introduction of the new term ‘micro and small primary operators’ = a company that (i) does not exceed two of the following three thresholds (where the criteria may vary from Member State to Member State)
- Total assets > EUR 4 million (Germany: EUR 6 million)
- Net turnover > EUR 8 million (Germany: EUR 12 million)
- Employees > 50
(ii) places products on the market for the first time that the company itself has grown, harvested, extracted or bred on its own land, and (iii) is located in a low risk country.
These micro and small primary operators only have to submit a one-time, simplified declaration.
4. Dates of application and transition period
- Large and medium-sized operators: The date of application remains 30 December 2025, with a six-month ‘grace period’ for controls and enforcement.
- Micro and small operators: Application from 30 December 2026 instead of 30 June 2026 as previously planned.
Next steps – What happens now in the legislative process?
The proposal will now be discussed in the European Parliament and the European Council. Both institutions must formally adopt the amendment for it to enter into force. The Commission is pushing for adoption by the end of 2025 to ensure legal certainty for businesses.
Call to action – What steps need to be taken?
Company representatives should now
- know which of their products fall under the EUDR and understand their role under the EUDR (primary market participant, downstream market participant or trader),
- consider strategic options to reduce the impact if necessary,
- begin/continue supplier communication with questions and contractual safeguard clauses,
- define internal (group-wide) organisational structure and resources,
- create additional data, IT interfaces and processes that are necessary to implement the EUDR in a timely and legally compliant manner.
For further informationa about the penalties for non-compliance and the control mechanisms planned by the German Federal Office for Agriculture and Food (BLE), please read here.
Feel also free to contact our team of experts to discuss the planned changes and any other issues relating to the EUDR!
If required, we will also be happy to provide you with a comparative overview (synopsis) of the original regulation (2023) and the proposed amendment (21 October 2025). In addition, our experts have created an EUDR toolbox containing numerous sample documents for the legally compliant implementation of the regulation.
