Hello Griet,

as Mark mentioned, it was reasonable to recommend waiting for further political clarity at EU level, as key elements of the EUDR framework were still under discussion. Since last week, however, the relevant political decisions have been taken: the application of the EUDR has been formally postponed by one year, and targeted simplifications to the obligations of downstream operators and traders have been agreed.

Against this background, a medium-sized trader classified as a downstream trader is no more required to submit its own Due Diligence Statement. However, you may only sell relevant products if those products are already covered by a valid DDS issued by the first operator, or by a legally recognised simplified declaration in the case of micro or small primary operators. If no such coverage exists, the products may not be lawfully placed or made available on the EU market.

Where the medium-sized trader qualifies as the first downstream operator, it must additionally collect and retain the relevant DDS reference number or declaration identifier for traceability purposes, in line with the amended EUDR requirements. This obligation applies only to the first downstream operator and does not extend to downstream actors further along the supply chain, including intercompany.

Best,

Jasmin