# If my Indian company imports into the European Union (EU) itself, does the EU Deforestation Regulation (EUDR) make me an operator?

Canonical: https://senseible.earth/answers/eu-deforestation-indian-exporter-own-eori-is-an-operator

Possibly. The Commission says the upstream operator is generally whoever imports relevant products into the EU under the customs procedure "release for free circulation", even if established outside the EU. That person needs a valid EU Economic Operators Registration and Identification (EORI) number and a registration in the Information System.

## What the Commission says

- The upstream operator is generally "the person (including companies) who imports relevant products into the EU under the customs procedure 'release for free circulation'".
- To do this, "they must have a valid EU EORI number and be registered in the Information System".
- If the person or company doing this is established in a non-EU country, "then they are still acting as an upstream operator".
- Placing on the market means making a product available on the EU market for the first time.

## You can end up as one of two operators

The Commission also says the first EU-based company or person that sells those products on the EU market is considered an operator too. So the same chain can have an operator outside the EU and an operator inside it, because there must always be at least one upstream operator established in the EU.

Both operators must conduct due diligence and each submit their own due diligence statement (DDS), or a simplified declaration for micro or small primary operators, to the Information System.

## When you are not the operator

- For smallholders the Commission says the Regulation only applies if you place relevant products on the EU market yourself. Selling to a cooperative or company in your own country, in another non-EU country, or to an EU-based buyer who will import the products does not count as placing directly on the EU market.
- Our reading: the same test applies to an exporter on ex-works or free on board terms where your EU buyer clears customs as importer. The tell is who lodges the import declaration and holds the EORI number, so settle that in the contract before the first shipment.
- Even then, buyers can still ask you for plot data. The Commission says smallholders who are not placing on the EU market may still be asked for information such as plot geolocation.

## If you are the operator

- Due diligence comes first. Once it is complete and any risk is negligible, you submit the DDS to the Information System, and only after it is accepted may you place the product on the market.
- You pass the DDS number the system generates to your direct downstream buyers.
- A micro or small primary operator is a natural person or micro or small undertaking, based in a low risk country, that grew or harvested the product in its own country and places it directly on the EU market, or exports it from the EU. These can file a one-off simplified declaration. The Commission country list shows India in the low risk category.

## What Senseible does here

Senseible reads the HS code on each purchase invoice and keeps every invoice dated, so you can show your buyer what came in, from whom and when. Plot coordinates come from your growers and your buyer files the statement. We do not file statements or certify deforestation-free status.

- [What an Indian supplier gives the EU importer for the statement](https://senseible.earth/answers/eudr-due-diligence-statement-supplier-data)
- [India as a low risk country under EUDR](https://senseible.earth/answers/eudr-country-risk-category-india)
- [Does EUDR apply to my Indian exports?](https://senseible.earth/answers/does-eudr-apply-to-my-indian-exports)
- [EUDR readiness: what applies to your goods](https://senseible.earth/eudr)

Sources: [European Commission Green Forum, EUDR roles and responsibilities](https://green-forum.ec.europa.eu/roles-and-responsibilities_en), [European Commission Green Forum, EUDR country classification list](https://green-forum.ec.europa.eu/nature-and-biodiversity/deforestation-regulation-implementation/eudr-cooperation-and-partnerships/country-classification-list_en)

Last reviewed 2026-11-05. Read from the Commission roles page. Which party is operator depends on who imports under free circulation, so check the contract terms and the current EUDR text with your customs agent.