EUDR compliance readiness: a short analysis of the updated version of “Frequently Asked Questions Implementation of the EU Deforestation Regulation”. The compliance rules

The Frequently Asked Questions Implementation of the EU Deforestation Regulation updated on April 2026 answer the following questions on the traceability and compliance:

What if part of a product is non-compliant?

If part of a relevant product is non-compliant, the non-compliant part needs to be identified and separated from the rest before the relevant product is placed on the EU market or exported, and that part may be neither placed on the EU market nor exported.

If identification and separation cannot be done, for instance because the non-compliant products have been mixed with the rest, then the whole relevant product is non-compliant as it cannot be guaranteed that the conditions of Art. 3 EUDR are met and therefore it may be neither placed on the EU market nor exported.

For instance, when bulk commodities have all been mixed and are linked to several hundred plots of land, the fact that one of the plots of land has been deforested after 2020 would make the whole relevant batch non-compliant.

A product would however not be non-compliant where 100% of relevant commodities or relevant products placed on the EU market 1) can be traced to the plot of land, 2) are legal and deforestation free within the meaning EUDR, and 3) at no point in time has been mixed with commodities of unknown origin or non-deforestation-free.

What are the rules for land that is not real estate? What happens with public or communal land that does not fall within the concept of “real-estate property”?

The Regulation requires that commodities placed on the EU market or exported must have been produced on land designated as a plot of land or, in the case of cattle, an establishment. The absence of a land registry or formal title should not prevent the designation of land that is de facto used as a plot of land or establishment .

What is the size of the area (hectares) that can be covered by a polygon?

There is not a fixed threshold on the minimum or maximum size for plots of land in the Regulation, as long as the plot of land captures the precise area of production and enjoys sufficiently homogeneous conditions to allow an evaluation of the aggregate level of risk of deforestation and forest degradation associated with relevant products produced on that

land. See also FAQ 1.2. in relation to the geographic coordinates for plots of under 4 ha. There is no limit in the area of polygons that can be imported into the Information System, but the total file size of the declaration (either simplified or as a DDS) cannot exceed 25 Mb.

Does geolocation need to be provided by means of polygons in all cases?

No. For plots of land of a size below four hectares (only), geolocation can be described with one latitude and longitude point only. In case of cattle, no polygons but only single geolocation points required, notably for all ‘establishments’ (as defined in Art. 2(29) EUDR), where cattle have been held.

What if property registers or titles are unavailable? How can operators obtain geolocation data in countries where property registers are incomplete and where farmers may lack IDs or titles over their land?

Farmers can collect the geolocation of their plots of land regardless of whether they are entered or not in a land registry or the lack of IDs or titles over their land. Unless they are direct suppliers of the operators or operators themselves, no personal information is required from the farmers and the geolocation of the plot used to supply commodities for placing on the EU market is sufficient.

As regards the legality requirement in relation to land use right (Art. 2(40)(a) EUDR) the Regulation requires compliance with relevant national laws. If farmers are legally allowed to sell their product under national laws (which might lack a property register and where some farmers might lack IDs), then that would also mean that operators would meet the legality  requirement when sourcing from those farmers. If possession of a land title is not required under domestic law to produce and commercialise agricultural products, then it is not required under the Regulation. Operators, nonetheless, would need to verify that there is no risk of illegality in their supply chains, meaning that relevant laws applicable in the country of production are complied with.

There are many different means that operators already use today to collect the legality (and geolocation) information: some resort to mapping directly their suppliers, while others rely on intermediaries like cooperatives, certification bodies, national traceability systems or other companies. Operators are legally responsible for ensuring that the geolocation and legality information is correct, regardless of the means or intermediaries they use to collect that information

Can an operator use the producer’s geolocation data?

Yes, but it is the operator who is ultimately responsible for its accuracy and not the producer who provides it. The Regulation does not apply to producers which do not directly place products on the European Union market (and thus do not fall under the definition of operators and traders).

In such a case, the operator will have to ensure that the area where the relevant commodity was produced is correctly mapped and that the geolocation corresponds to the plot of land.  Among measures which the operator can use are support for suppliers to meet requirements of this Regulation, in particular for smallholders, through capacity building and other investments.

Should operators verify the geo-location (or the postal address in the case of a micro or small primary operator)?

Operators need to verify and be able to prove that the geolocation or postal address (in the case of a micro or small primary operator) is correct.  Ensuring the truthfulness and precision of geolocation or postal address information is a crucial aspect of the responsibilities that operators must fulfil. Providing incorrect information would constitute a breach of the obligations of operators under the Regulation.

Can a polygon cover several plots of land?

Polygons are to be used to describe the perimeter of the plots of land where the commodity has been produced. Each polygon should indicate one single plot of land, whether contiguous or not. Where relevant products are made of commodities from several plots of land, several polygons must be provided in one due diligence statement. A polygon cannot be used to trace the perimeter of an area of land that might include plots of land only in some of its parts.

What if a relevant commodity is produced on a plot of land within a single estate property, including also other plots of land?

the geolocation or, if applicable, postal address of the plot(s) of land where relevant commodities were produced must be provided. Plot of land is defined as “land within a single real-estate property, as recognised by the law of the country of production, which enjoys sufficiently homogeneous conditions to allow an evaluation of the aggregate level of risk of deforestation and forest degradation associated with relevant commodities produced on that land”, Art. 2(27) EUDR. Based on this definition, a plot may encompass the whole real-estate property (if it is sufficiently homogeneous) or only a part of land within such single real-estate property. For instance, a farm which constitutes a real-estate property, but only half of which is cultivated for the purposes of placing on the market EUDR-relevant product, could be declared either in total or by reference to the specific cultivated area. In the given example, either area B or, if the property is homogeneous, single property A must be provided.

In addition, multiple plots can be declared in the specific case of crop rotation (see FAQ 1.18). It is to be noted that any deforestation or forest degradation on the declared plots of land automatically disqualifies all relevant commodities and relevant products from those plots of land from being placed or made available on the market or exported, Art. 9(1)(d) EUDR.

What if deforestation in area C is legal and after the cut-off date?

– if no relevant commodity is produced in area C, deforestation in area C does not affect the compliance of soy produced in area B as long as only area B is declared

– If another relevant commodity (e.g. cattle) is produced in area C, then cattle is non-compliant (non-deforestation free), but soy from area B is, in principle, compliant as long as only area B is declared for the soy

– If the same commodity is produced in areas B and C (soy), the operator will have to achieve negligible risk, taking into particular account the high risk of mixing within the single property (Art. 10(2)(j) EUDR).

What if the legal status of the real estate property A is affected by illegality within the meaning of the Regulation (for instance, if there is illegal deforestation in area C)? Is the soy produced in area B affected?

The soy produced in area B is not legal, and therefore not compliant, since the legal status of the area of production (so not B, but the whole property, in line with Art. 2(40) EUDR) is not complying with the relevant legislation of the country of production.