Filed under EU Deforestation Regulation Explained: Scope, Requirements and Compliance
Plot record: legal status and review details
- Jurisdiction
- European Union
- Status
- In force; main obligations apply according to Article 38
- Application
- 30 December 2026 generally; 30 June 2027 only where Article 38(3) applies; specified Annex I additions from 30 December 2027
- Relevant provisions
- Articles 2(15) to (19), 2(38), 4 to 5, 7 to 8
Review this page when:
- EUDR amendments
- Commission guidance or FAQ revision
- Article 38 application dates
- Annex I amendments
The first making available in the EU
Under Article 2(16), placing on the market means the first making available of a relevant commodity or relevant product on the Union market. “First” distinguishes this event from later supplies of the same product. The related making-available definition concerns commercial supply for distribution, consumption or use, including supply free of charge.
This event matters because an operator's due diligence and required statement must precede placement. A business should identify when its actual flow first introduces the relevant goods into the EU market. An accounting entry, a sales department label or an Incoterm does not automatically resolve that legal question. The goods, commercial purpose, customs position and participating legal persons need to be examined together.
First placement and later distribution differ
Consider an importer introducing covered coffee from a third country and then selling it to an EU wholesaler. The initial introduction may constitute first placement, while subsequent sales of the same coffee are making available. That distinction helps identify the party with the ordinary operator due diligence responsibility and the businesses with Article 5 obligations.
The making-available definition is deliberately broader: later distribution still matters even though it is not another first placement of those same goods. A reseller should therefore avoid concluding that it has no EUDR duties simply because an upstream business already placed the product on the market.
Imported goods require customs context
EUDR defines relevant products entering the market by reference to release for free circulation, intended EU-market placement and the exclusion for private use or consumption. The import flow should therefore be examined with the customs team. Goods merely passing through a customs procedure do not necessarily have the same EUDR position as goods released for an EU commercial use.
Record the importer, customs declarant, intended use, product identity and the relevant transaction. A customs representative can help process declarations without necessarily becoming the party responsible for the underlying product due diligence. Using an agent or warehouse service does not remove the need to identify the actual operator and its release decision.
Domestic production can also create first placement
The definition is not confined to imports. Covered products first supplied from EU production can be placed on the market. A domestic timber producer, for example, should assess the relevant product and activity rather than assume that EUDR only concerns material arriving from other continents.
The same principle applies to agricultural commodities grown in the EU. The country of production may affect the risk assessment route and the possible availability of particular regimes, but it does not replace the scope analysis. First identify the covered goods and the first commercial making available, then consider role, enterprise status and applicable provisions.
Transformation requires the current downstream definition
A manufacturer may create a new relevant product from relevant products already covered by statements or simplified declarations. The current Article 2(15b) defines a downstream operator for specified activity involving such inputs. This means the business should not mechanically classify every first supply of a manufactured output as an ordinary operator activity requiring a new statement.
Check the output, the inputs and the regulatory coverage of those inputs. If all relevant inputs are covered and the legal definition is met, Article 5 provides the downstream duties. If some input origins are uncovered or the business undertakes another flow, a different role conclusion may be required. The role attaches to the circumstances rather than the job title “manufacturer”.
Internal use is not a blanket escape
Article 2(19) includes use in the business itself within commercial activity. A business importing covered goods for its own operations should not assume that the absence of an onward sale takes it outside EUDR. The assessment must consider the relevant product and the market-entry event, including the customs treatment.
For instance, a company buying covered material directly from abroad for use in its production needs to examine the import flow even if it will consume the material internally. An internal purchase order can be just as important to the compliance team as a sales invoice. Procurement controls should therefore include purchasing for own use.
Establish the hold point before the event
Once the first-placement event is understood, define an operational release control early enough to satisfy the law. Evidence collection cannot wait until a salesperson has already committed the goods into an irreversible delivery sequence. The due diligence decision, required submission and relevant reference need to align with the product and quantity being released.
A useful trial is to follow one shipment through purchasing, customs preparation, warehouse intake and customer allocation. Identify where the decision is currently made and which data are available then. If complete production evidence arrives only afterwards, the process needs adjustment rather than a retrospective signature saying that the file was checked.
Keep a written transaction assessment
A sound record identifies the goods, participants, commercial purpose, first supply, customs position and legal-role conclusion. It should also explain special circumstances, such as a non-EU seller or a transformed product made from covered inputs. This prevents different departments from applying conflicting assumptions to the same stock.
The EUDR overview connects the event to the three conditions and ongoing duties. The primary source is Articles 2, 4, 5 and 7 of the current consolidated regulation. Resolve unclear transaction structures before using the event as the basis for a release workflow.
Primary sources on the record
Articles 2(15) to (19), 2(38), 4 to 5, 7 to 8. This entry was checked against the consolidated text dated 18 September 2026. Consolidated texts are documentation tools; the authentic acts are those published in the Official Journal.
Check the current sources and the guidance of the relevant competent authority for your situation. This page is not legal advice or a compliance determination.