Am I an operator or a downstream operator? Who submits the due diligence statement: the exporter or the EU customer?

Short answer: you are an operator if you are the first to place the product on the EU market (in practice, whoever is listed as importer at clearance) or if you export it without anyone having placed it on the market before. You are a downstream operator if you place on the market or export a product made from products already covered by a statement. Only the operator submits the due diligence statement. So in the typical sale from a non-EU exporter to a European importer, the European customer submits it, not the exporter.

What roles does the Regulation define?

Regulation (EU) 2025/2650 rewrote the definitions in Art. 2 of Regulation (EU) 2023/1115. There are now four roles:

Role	Definition	Submits a statement?	Example
Operator (Art. 2(15))	Places relevant products on the market or exports them, excluding downstream operators	Yes, a due diligence statement	Green coffee importer
Micro or small primary operator (Art. 2(15a))	Operator that is a natural person or a micro or small enterprise, established in a low-risk country, placing on the market what it produces there itself	Yes, a single simplified declaration	Cattle farmer or forest owner in Spain
Downstream operator (Art. 2(15b))	Places on the market or exports products made from products already covered by a statement	No	Roaster buying green coffee from an importer; chocolate manufacturer
Trader (Art. 2(17))	Any other person in the supply chain who makes the product available on the market	No	Distributor or retailer reselling without processing

The role is decided product by product: the same company can be an operator for what it imports and a downstream operator for what it makes from it (Guidance C/2026/3896, section 2; FAQ 3.8).

How do I know whether I am an operator or a downstream operator?

Do you import the product? If you are listed as importer at release for free circulation, you are an operator, even for your own use (FAQ 2.10).
Do you produce it in the EU and sell it? You are an operator. If you are a micro or small enterprise, you may be a micro or small primary operator.
Do you buy it in the EU and turn it into another Annex I product? You are a downstream operator. A change of code only counts if it affects the digits listed in Annex I (FAQ 3.1.1).
Do you buy it in the EU and export it? You are a downstream operator and at customs you use Y196 or Y188, without a reference number (FAQ 5.6.1).
Do you resell it as it is within the EU? You are a trader.

If you buy a relevant product and use it without selling it, or incorporate it into something not listed in Annex I, you have no EUDR obligations (FAQ 2.10, examples 1, 5 and 9).

What obligations does each role have depending on company size?

Obligation	Operator	SME downstream operator / trader	Non-SME downstream operator / trader
Due diligence and statement	Yes (Arts. 4 and 8)	No	No
Collect and keep for 5 years supplier and customer details, and the reference number if the supplier is an operator	Own records (Art. 9)	Yes (Art. 5(3) and 5(4))	Yes (Art. 5(3) and 5(4))
Register in the EUDR Information System	Yes	No	Yes (Art. 5(2))
Notify the authority of a risk of non-compliance	Yes (Art. 4(5))	Yes (Art. 5(5))	Yes (Art. 5(5))
Verify due diligence in the case of a substantiated concern	—	No	Yes (Art. 5(6))
Compliance officer and independent audit	Only if not an SME (Art. 11(2))	—	—
Annual public report	Only if not an SME (Art. 12(3))	—	—

"SME" includes medium-sized enterprises: up to 250 employees, EUR 50 million turnover or EUR 25 million balance sheet total, without exceeding two of the three thresholds (Art. 2(30); FAQ 3.10). And it is measured company by company, never at group level (FAQ 3.13).

The downstream operator does not have to actively ask for the reference number: it may assume in good faith that its supplier is not an operator if the supplier does not provide one. It is the operator that is obliged to pass it on (Art. 4(7); FAQ 3.4 and 3.5).

Who submits the statement: the exporter or the European customer?

It depends on who is listed as importer at clearance, not on who owns the goods or on the Incoterm (when the obligation arises at customs is explained in EUDR and customs: code C716):

Scenario	Who submits the statement?	Source
A Peruvian exporter sells to a Spanish importer, which clears the goods (FOB, CIF…)	The Spanish importer, which is the operator. The exporter has no legal EUDR obligations, but without its data the customer cannot submit the statement	Art. 2(15); FAQ 1.11, 3.10.2
The non-EU company clears the goods itself as importer (DDP), with an EORI number from a Member State	The non-EU company, as an operator established outside the EU. In addition, its first customer established in the EU also becomes an operator and submits its own statement	Art. 7; FAQ 3.7
The foreign company has an EU subsidiary that imports	The subsidiary, which is a separate company and the operator	FAQ 3.13
A micro or small producer in a low-risk country selling directly to the EU market	It may be a micro or small primary operator and submit a simplified declaration. If it sells to an intermediary outside the EU, it has no obligations	Art. 2(15a); FAQ 3.21

Two clarifications to avoid mistakes:

An authorised representative does not make the exporter an operator. It is a person established in the EU that submits the statement on behalf of an operator, which remains responsible (Arts. 2(22) and 6). A non-EU company cannot act as authorised representative (FAQ 3.7).
A customs representative is not an authorised representative. They are two different mandates, even if the same company provides both (FAQ 3.15).

The system does not accept statements on products sold outside the EU: only operators that place products on the EU market or export from it submit statements (FAQ 3.10.2).

What if the company is in Northern Ireland?

The EUDR applies in Northern Ireland. Companies with an EORI number issued by the United Kingdom for Northern Ireland (prefix XI) can register in the EUDR Information System and submit their statement as an operator (FAQ 3.7 and 7.3). They cannot act as authorised representative, because that role requires being established in the EU. As the FAQ treats these companies as not established in the EU, the first buyer established in the EU that makes the product available on the market becomes an operator (Art. 7), wherever the goods are cleared. The FAQ does not expressly deal with clearance in Northern Ireland, so it is worth confirming with the competent authority.

Frequently asked questions

Can a downstream operator submit a statement voluntarily?

No. There is no obligation and the EUDR Information System does not technically allow it (FAQ 3.10.1).

My European customer demands that I submit the statement. Can I?

Only if you are the one clearing the goods as importer, with an EORI number from a Member State or an XI number. In that case your European customer will also be an operator (Art. 7).

Does the operator have to give the verification number?

It is not mandatory. Only the reference number, and only to customers that are downstream operators or traders (FAQ 3.6.1).

Can one group company submit statements for the others?

Yes, as an authorised representative established in the EU, but each company remains responsible and each needs its own account (FAQ 3.13).

Is a freight forwarder an operator?

No, if it only provides logistics services and does not place the product on the market or export it (Guidance, section 2).

Keep reading: what is the EUDR: the complete guide · EUDR and customs: code C716.

Coolx helps identify each company's role product by product and automates the due diligence statement where the role is that of operator.