Reviewed 18 August 2026 · next review 17 November 2026
Operator, downstream operator or trader — which duties are actually yours?
The role decides everything else: whether you perform due diligence, whether you submit a statement at all, and what you must keep. Getting it wrong in either direction is expensive.
Last updated · Written and reviewed by Jonatan Tensetti · Tensetti Tools
The Deforestation Regulation assigns duties by what you do with a relevant product, not by what kind of company you are. The same business can be an upstream operator for a flow it imports and a trader for a flow it merely resells. Answer the question per flow.
Upstream operator
An upstream operator places a relevant product on the EU market for the first time, or exports it. This pathway performs due diligence — collecting the required information, assessing risk and mitigating it where risk is not negligible — and submits a due diligence statement after concluding that risk is negligible. The obligation is on the information and the conclusion, not on a certificate someone else issued.
Qualifying micro or small primary operators
A qualifying upstream micro or small primary operator — a business that grew, harvested or raised the commodity itself and meets the qualifying conditions — uses a one-off simplified declaration rather than an ordinary due diligence statement per consignment. Do not plan an ordinary filing workflow for this branch, and do not assume you qualify without checking the conditions.
Downstream operators and traders
Under the December 2025 simplifications, downstream operators and traders generally do not perform or submit their own due diligence statement. What they do have is a records duty: keep the required information about the suppliers who supplied them and the businesses they supplied for at least five years, and be able to produce it. Where you are the first actor after the upstream operator, you retain the upstream reference or identifier so it can travel downstream.
Large downstream actors and traders additionally register in the Information System and carry a specified verification duty: when they learn that a product might not comply, they must act rather than pass it on quietly.
| Pathway | Due diligence | Statement | Records |
|---|---|---|---|
| Upstream operator | Yes | Due diligence statement after negligible-risk determination | Yes |
| Qualifying micro/small primary operator | Simplified route | One-off simplified declaration | Yes |
| Downstream operator | Generally not its own | Generally none of its own | Supplier and buyer information, five years; upstream reference where first downstream actor |
| Trader | Generally not its own | Generally none of its own | Supplier and buyer information, five years |
| Large downstream actor or trader | Generally not its own | Generally none of its own | Also registration and verification duty on learning of possible non-compliance |
Why we do not sell a filing pack to every visitor
If your answers indicate a downstream or trader pathway, the free check gives you a traceability and retention result and explicitly does not offer the First Filing Pack. Selling filing preparation to a branch that current rules indicate has no filing obligation would be compliance theatre.
No account, no supplier documents, no evidence uploads. Answers stay in your browser.
Primary sources
Reviewed 18 August 2026. Always confirm against the current official text.
- Roles and responsibilities — European Commission. Current operator, downstream operator and trader descriptions.
- Understand due diligence — European Commission. Information requirements, risk assessment and mitigation workflow.
- Consolidated Regulation (EU) 2023/1115 — EUR-Lex. Current consolidated legal text, including Article 9 information requirements.
This is a self-service readiness and documentation tool based on the information you provide and the sources listed for assessment version 1.0.0. It is not legal advice, an audit, certification, conformity assessment or an official filing. It does not submit a due diligence statement, validate Annex I classification or geolocation, certify deforestation-free status or determine negligible risk. Verify material decisions with the relevant authority or a qualified adviser.
Frequently asked questions
- What is the difference between an operator and a trader?
- An operator places relevant commodities or products on the EU market or exports them; a trader makes products already on the market available further down the chain. The role you hold decides whether you file at all.
- Do downstream operators and traders submit their own due diligence statement?
- Under the December 2025 simplifications, downstream operators and traders generally do not perform or submit their own statement. Large downstream actors and traders still register and carry the specified verification duty.
- Can one company hold more than one role?
- Yes. Roles are assigned per product flow, so the same company can be an upstream operator on one line and a downstream actor on another. Map the roles flow by flow, not company-wide.
- What is the simplified declaration for small primary operators?
- Qualifying upstream micro or small primary operators use a one-off simplified declaration rather than an ordinary due diligence statement. Confirm eligibility against the current official guidance before relying on it.