Germany is preparing its national implementing legislation for the EU Deforestation Regulation (EUDR) by means of a draft bill and a planned General Administrative Regulation (AVV). As an EU regulation, the EUDR is directly applicable in all Member States and does not require transposition into national law. However, Member States must adopt supplementary national provisions – in particular regarding competences, sanctions and powers of inspection – to ensure that the Regulation can be effectively implemented. The German draft bill provides for far-reaching control and sanction measures, whilst the draft AVV is intended to ensure that the relief measures provided for by the EUDR for micro and small primary producers (Article 4a EUDR) are taken into account in German administrative practice.
On 13 July 2026, the European Commission adopted two pieces of secondary legislation to implement the EUDR: a delegated regulation amending the product catalogue in Annex I to the EUDR and an implementing regulation on the functioning of the EUDR information system (see our blog post for further details).
In parallel, work on national implementing legislation has begun: on 6 August 2026, the Federal Ministry of Agriculture published a draft AdministrativeRegulation (AVV) on the Act on Minimising Deforestation and Forest Degradation (EntwaldungsMGVwV, provisional title). On 12 August 2026, the Federal Cabinet approved a draft bill to reform the law on deforestation-free products and to implement certain provisions of Directive (EU) 2024/1203 on the protection of the environment through criminal law. Both proposals still require the approval of the Bundesrat; the Act would also have to be passed by the Bundestag.
The draft bill would primarily establish the national regulations required for the implementation of the EUDR: criminal offences and provisions on fines (Article 25 of the EUDR), the supervisory powers of the authorities (Article 16 et seq. of the EUDR) and the division of responsibilities between the federal government and the Länder (Article 14 of the EUDR). The AVV, on the other hand, is intended to set out in detail the monitoring of domestic primary production of timber, soya and cattle, as well as timber harvesting, by the state authorities. It adopts a risk-based approach and provides for exemptions for micro and small primary operators (MSPOs).
The draft bill introduces a new criminal offence punishable by imprisonment of up to five years for the placing on the market, making available or exporting products from the EUDR product catalogue in contravention of Article 3 of the EUDR. In cases of extensive and significant damage to ecosystems, the draft provides for a term of imprisonment of between one and ten years; in less serious cases, the penalty is between six months and five years. The draft thus also serves to implement parts of the EU Environmental Criminal Law Directive.
Where there is a suspicion sufficiently substantiated by the facts, the authorities may, pursuant to Section 6(1)(1) and (2) of the draft, temporarily prohibit or restrict the placing on the market, make available or export relevant raw materials and products, and may provisionally seize the raw materials or products in question. Under Section 7 of the draft, persons entrusted with monitoring duties and, in cases of imminent danger, the police are authorised to enter premises, business and commercial premises, and means of transport during normal business or operating hours. Section 8 provides for the taking of samples. Section 9 regulates obligations to tolerate inspections, provide assistance and supply information. Breaches of control measures may be punishable by fines of up to 20,000 euros under Section 13 of the draft. For breaches of obligations under the EUDR, Section 14 of the draft provides for higher ranges of fines, for example in the case of breaches of reporting and documentation obligations or where a product is placed on the market in contravention of the requirements. In certain cases, the fines may amount to up to 4 per cent of total turnover. Under Section 16 of the draft, a temporary exclusion from public procurement procedures and financial assistance may also be imposed.
Article 14(1) of the EUDR requires Member States to designate competent authorities to implement the Regulation. The draft bill provides for a two-tier structure of competence in this regard: Under Section 3(1) of the draft, the competent authorities under state law are to be responsible for implementation insofar as, at the level of primary production (Article 3(17) of Regulation (EC) No 178/2002), the placing on the market or export of products containing raw materials produced in Germany is concerned, or in so far as, at the level of timber harvesting, the placing on the market or export of timber products is concerned. In all other respects, pursuant to Section 3(2) of the draft, the Federal Office for Agriculture and Food (BLE) is to be responsible. Under Section 4 of the draft, the BLE is to be authorised to delegate tasks to legal entities governed by private law. In cases of imminent danger, police officers are also authorised to take measures under Section 7 (rights of entry).
As the draft bill provides that the monitoring of domestic primary production and timber harvesting is to be the responsibility of the Länder, it is necessary to specify how the Land authorities are to carry out this task in a uniform manner. The draft General Administrative Regulation (AVV) serves this purpose. A General Administrative Regulation (AVV) is an instrument of the executive: it is addressed to the administration (not to citizens) and, pursuant to Article 84(2) of the Basic Law, requires the consent of the Bundesrat.
The AVV is intended to set out a risk-based approach in accordance with Article 16(3) of the EUDR and, as far as possible, to integrate monitoring into existing administrative and authorisation procedures. Furthermore, it implements the relief measures for micro and small primary producers provided for in Article 4a of the EUDR within the German administrative framework. In doing so, the AVV does not reinterpret the EUDR independently, but reflects the requirements of EU law and adapts them to the German administrative structure (in particular the competences of the federal states and the role of forestry associations).
The draft AVV provides that micro and small primary producers who submit a one-off simplified declaration may, for this purpose, provide the postal address of the holding or – if no holding exists – the market participant’s residential address, together with a national identification number. Under Article 4a(5) of the EUDR, the geolocation of the land in question may be replaced by the postal address, meaning that precise geolocation is not required in this respect. Furthermore, the draft recognises forestry associations as market operators. These could then submit joint due diligence statements or simplified declarations for their members’ timber.
Subscribe to our GvW Newsletter here - and we will keep you informed about the latest legal developments!
