Version in force , Modified +220 −156§
Amended by Regulation (EU) 2025/2650 32025R2650 on EUR-Lex (external, EUR-Lex)
Explanation, written by a model and checked against the cited text
The heading and the opening lines of paragraphs 1 and 2 no longer refer to non-SME traders, naming only operators as the subject of the checks.
Point (b) of paragraph 1 drops the reference to a non-SME trader making a product available on the market and adds an alternative for micro or small primary operators, allowing examination of a simplified declaration or of information made available by Member States per operator in the information system referred to in Article 33, instead of only the due diligence statements.
Cited: Art. 18, v2 (external, EUR-Lex) · Art. 18, v1 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version, in force 26 December 2024 02023R1115-20241226 → this version, in force 26 December 2025 02023R1115-20251226
Article 18
Checks on operators and non-SME traders
1. The checks on operators and non-SME traders shall include:
(a) examination of their due diligence system, including risk assessment and risk mitigation procedures, and of documentation and records that demonstrate the proper functioning of the due diligence system;
(b) examination of documentation and records that demonstrate that a specific relevant product that the operator has placed or intends to place on the market or intends to export or that the non-SME trader has made available or intends to make available on the market complies with this Regulation, including, when applicable, through risk mitigation measures, as well as examination of the relevant due diligence statements. statements or, for micro or small primary operators, examination of the relevant simplified declaration or the information made available by Member States per operator in the information system referred to in Article 33.
2. The checks on operators and non-SME traders may also include, where appropriate, in particular where the examinations referred to in paragraph 1 have raised questions:
(a) on-the-ground examination of relevant commodities or of the relevant products with a view to ascertaining their correspondence with the documentation used for exercising due diligence;
(b) examination of corrective measures taken under Article 24;
(c) any technical and scientific means adequate to determine the species or the exact place where the relevant commodity or relevant product was produced, including anatomical, chemical or DNA analysis;
(d) any technical and scientific means adequate to determine whether the relevant products are deforestation-free, including Earth observation data such as from the Copernicus programme and tools or from other publicly or privately available relevant sources; and
(e) spot checks, including field audits, including where appropriate in third countries, provided that such third countries agree, through cooperation with the administrative authorities of those third countries.