Non-compliance
Also known as: Article 25
Breach of EUDR duties, with Member-State penalties that must include fines with a maximum of at least 4% of annual Union-wide turnover — plus confiscation, procurement exclusion and possible market bans.
What it means
Non-compliance covers placing or exporting without required diligence, submitting false information, or failing to keep and produce records. The 4% figure is the most quoted sanction and often the least operationally sharp one.
In the regulation
Article 25 requires effective, proportionate and dissuasive penalties. Member States must provide for fines with a maximum of at least 4% of the operator’s or trader’s total annual Union-wide turnover (a minimum maximum — states may go higher), capable of exceeding any economic benefit gained. The regime also contemplates confiscation of products and of revenues, exclusion from public procurement, temporary bans, and loss of simplified due diligence — with a criminal-liability layer under related EU rules for the most serious cases.
Check intensity under Article 16 rises with country tier (1% / 3% / 9% of operators, plus 9% of volume at high risk). Authorities also act on substantiated concerns outside that sampling.
How ERWAY treats it
The penalties article on this site explains why confiscation and market access matter more than the headline fine. The product exists to make the diligence trail defensible before a check.
Related terms
- Filing & enforcement
Competent authority
The national authority that checks operators, can order interim measures, and applies Article 25 penalties — with minimum check rates of 1% / 3% / 9% by country risk tier.
- Risk & benchmarkingHigh risk (country)
Substantiated concern
A duly reasoned claim based on objective, verifiable information — it reopens full due diligence for affected goods and can end Article 13 simplification.
- Risk & benchmarkingHigh risk (country)
High risk
Country benchmarking tier under Implementing Regulation (EU) 2025/1093: four countries today, full diligence, and the highest minimum authority check rates (9% of operators and 9% of volume).
Keep reading
Filing & enforcementPenalties under Article 25: what non-compliance actually costs
The EUDR penalty regime: fines of at least 4% of EU turnover, confiscation of products and revenues, procurement exclusion, market bans, and the criminal liability layer.
5 min read