Article 2 sets out more than forty definitions. They are not technical detail: they decide what a forest is, when deforestation occurred, who counts as an operator and what counts as relevant legislation. Competent authorities apply these definitions in a harmonised way across all 27 Member States (FAQ 1.22). This chapter groups the definitions by theme and comments on those with the greatest practical impact.
4.1 Commodities and products
Term
Definition (Article 2)
Comment
Relevant commodities (point 1)
Cattle, cocoa, coffee, oil palm, rubber, soy and wood
A closed list. Maize, sunflower, cotton and sugar cane are not included
Relevant products (point 2)
Products listed in Annex I that contain, have been fed with or have been made using relevant commodities
Only what is in Annex I is covered — a product outside the Annex falls outside, even if it contains soy (FAQ 2.1)
Produced (point 14)
Grown, harvested, obtained from or raised on relevant plots of land or, for cattle, on establishments
The date of production is, as a rule, the date of harvest; for cattle, the date of birth (Guidance, section 3)
Plot of land (point 27)
Land within a single real-estate property, as recognised by the law of the country of production, with conditions sufficiently homogeneous to allow an aggregate assessment of the risk of deforestation
It may be the whole property (if homogeneous) or part of it (FAQ 1.15)
Establishment (point 29)
Premises, a structure or, in the case of open-air farming, any environment where livestock is kept
Relevant for cattle
Geolocation (point 28)
Location described by latitude and longitude with at least one point and six decimal digits; polygons for plots above 4 ha used for commodities other than cattle
See Chapter 11
4.2 Forest, deforestation and degradation
Term
Definition (Article 2)
Deforestation (point 3)
The conversion of forest to agricultural use, whether human-induced or not
Forest (point 4)
Land spanning more than 0.5 ha with trees higher than 5 m and a canopy cover of more than 10%, or trees able to reach those thresholds in situ, excluding land that is predominantly under agricultural or urban use
Agricultural use (point 5)
The use of land for agricultural purposes, including agricultural plantations, set-aside agricultural areas and land used for rearing livestock
Agricultural plantation (point 6)
Land with tree stands in agricultural production systems (fruit trees, oil palm, olive trees) and agroforestry systems where crops are grown under tree cover; it includes all plantations of the relevant commodities other than wood, and is excluded from the definition of forest
Forest degradation (point 7)
Structural changes to forest cover, taking the form of the conversion of: (a) primary forests or naturally regenerating forests into plantation forests or into other wooded land; or (b) primary forests into planted forests
Primary forest (point 8)
Naturally regenerated forest of native tree species, where there are no clearly visible indications of human activity and the ecological processes are not significantly disturbed
Naturally regenerating forest (point 9)
Forest predominantly composed of trees established through natural regeneration (it includes forests where it is impossible to distinguish planted from naturally regenerated trees, mixed forests with a natural majority, naturally occurring coppice and naturally regenerated introduced species)
Planted forest (point 10)
Forest predominantly composed of trees established through planting or deliberate seeding, which must make up more than 50% of the growing stock at maturity
Plantation forest (point 11)
A planted forest that is intensively managed, with one or two species, the same age class and regular spacing; it excludes stands planted for ecosystem protection or restoration
Other wooded land (point 12)
Land not classified as forest, spanning more than 0.5 ha, with trees higher than 5 m and a canopy cover of 5% to 10%, or with a combined cover of shrubs and trees above 10%, excluding land predominantly under agricultural or urban use
Deforestation-free (point 13)
(a) Products containing commodities produced on land that has not been subject to deforestation after 31/12/2020; and (b) in the case of wood, harvested without inducing forest degradation after 31/12/2020
4.3 Actors in the chain
Term
Definition (Article 2)
Key point
Operator (point 15)
A natural or legal person who, in the course of a commercial activity, places relevant products on the market or exports them, excluding downstream operators
Called the "upstream operator" in the infographics. This is who carries out due diligence and submits the DDS
Micro or small primary operator — MSPO (point 15a)
A natural person, microenterprise or small enterprise (Directive 2013/34/EU) established in a low-risk country who places on the market or exports products that it produced itself in that country
A sub-category of operator with a single simplified statement. Brazilian producers do not qualify while Brazil is not low risk
Downstream operator (point 15b)
Whoever places on the market or exports relevant products made from other relevant products, all of them covered by a DDS or a simplified statement
For example, a crusher in the EU that buys already declared beans and sells meal and oil
Trader (point 17)
Any person in the chain, other than an operator or a downstream operator, who makes relevant products available on the market
Resells without transforming (no change of CN code)
Authorised representative (point 22)
A person established in the EU holding a written mandate from the operator to act on its behalf
Liability remains with the operator (Article 6)
SME (point 30)
Micro, small and medium-sized enterprises as defined in Article 3 of Directive 2013/34/EU
The test applies to the legal entity, not to the group (FAQ 3.13)
4.4 Market and trade
Term
Definition
Note
Placing on the market (point 16)
The first making available of a product on the Union market
It refers to each individual product, not to a type of product (Guidance, section 1)
Making available on the market (point 18)
The supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge
The product must be physically in the EU and in free circulation
In the course of a commercial activity (point 19)
For processing, for distribution to commercial or non-commercial consumers, or for use in the operator's own business
Donations and free supplies also count
Country of production (point 24)
The country where the commodity was produced
Different from the customs country of origin (point 23). Only the law of the country of production matters for legality (FAQ 1.29.1)
Products entering the market (point 38)
Products from third countries placed under the customs procedure of release for free circulation, intended for the EU market and not for private use
Customs warehousing, inward processing and transit do not count (FAQ 5.5)
Products leaving the market (point 39)
Products placed under the customs procedure of export
Re-export is not covered (Guidance, section 1.c)
4.5 Risk, legality and complaints
Term
Definition
Note
Negligible risk (point 26)
The level of risk at which, following a full assessment of both product-specific and general information and, where necessary, of mitigation measures, the products give no cause for concern as regards non-compliance with Article 3(a) or (b)
It is not an exemption: it is only reached by carrying out due diligence (FAQ 5.10). There is no such thing as a "negligible-risk commodity" by country (FAQ 5.11)
Substantiated concern (point 31)
A duly reasoned claim, based on objective and verifiable information, of non-compliance with the Regulation that may require intervention by the authorities
See Chapter 19
Relevant legislation of the country of production (point 40)
Laws concerning the legal status of the area of production in terms of: (a) land use rights; (b) environmental protection; (c) forest-related rules including forest management and biodiversity conservation, where directly related to wood harvesting; (d) third parties' rights; (e) labour rights; (f) human rights protected under international law; (g) the principle of free, prior and informed consent; (h) tax, anti-corruption, trade and customs regulations
See Chapter 12
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