The EU Deforestation Regulation delayed by one year, but survives sabotage attempts
The EU Council and Parliament recently agreed to delay the start of the implementation of the EU Deforestation Regulation (EUDR) by one year until 30 December 2025. In a major win for the world's forests, several proposed amendments that would have seriously undermined the EUDR's contents and efficacy were rejected.
On 3 December 2024, The EU Council and Parliament reached an agreement on the implementation of the EUDR.
The EUDR requires that all traders and operators importing to, or exporting from, the EU would have to ensure that the product does not originate from an area deforested after 31 December 2020.
The extension intends to provide sufficient time for third countries, member states, and businesses to prepare for compliance with due diligence obligations.
A major win for forests
In the so-called trialogue negotiation, several amendments from the European Parliament majority, consisting of the European People's Party (EPP) and several right-wing groups, were rejected. These amendments would have seriously undermined the EUDR's contents and efficacy, and their rejection is a major win for the world's forests.
The regulation's core goal—to minimize the EU's contribution to global deforestation by ensuring only deforestation-free products are placed on or exported from the EU market—remains unchanged.
"Despite the one-year delay, not allowing the weakening of the EUDR is a major victory for forests, biodiversity and climate. We applaud the Council and the Commission for standing firm against attempts to undermine the very essence of this important law", says Toerris Jaeger, executive director of Rainforest Foundation Norway.
Jaeger continues:
"Rainforest Foundation Norway will now focus fully on preparations for the application's entry into effect in a year, and in particular, convincing the EU that the large remaining contiguous rainforests in the world must be designated high-deforestation-risk areas."
The EUDR: a landmark legislation for climate and nature
When the EUDR entered into force on 30 June 2023, it was hailed as a landmark legislation for climate and nature.
The EUDR has the potential to save over 1,000 km2 of rainforest and carbon emissions equivalent to Norway's emissions every year, according to the EU's own calculations. The regulation covers timber, cattle, soy, oil palm, cocoa, coffee, rubber, and some of their derivative products, like leather.
All traders and operators importing to, or exporting from, the EU would have to ensure that the product does not originate from an area deforested after 31 December 2020, that it is produced in compliance with national laws, and is accompanied by a "due diligence statement".
Member states and private sector traders and operators were given 18 months to prepare, so the EUDR would enter into application for them from 30 December 2024 (30 June 2025 for small enterprises).
Attempts to sabotage legislation stopped
On 2 October 2024, the EU Commission proposed delaying the implementation of the EUDR by one year, but at the same time said they did not want any changes to the contents of the EUDR.
However, the European People's Party (EPP, Conservatives & Christian Democrats) took the opportunity to propose a series of amendments that would undermine the entire EUDR by exempting traders (e.g., supermarkets and other retailers) from due diligence obligations and introducing a new "no-risk" category tailor-made for most EU countries to escape due diligence obligations as well.
This would probably have made the EUDR non-compliant with WTO and created huge loopholes for importing high-risk deforestation commodities to the EU via no-risk countries.
As the Commission, Council (EU Member States), and Parliament entered so-called trialogue negotiations, it was clear that the one-year delay would be adopted, as they all agreed on that. But the Council and Commission stood firm against the right-wing attempt to sabotage the very essence of the EUDR, and the Parliament had to back down and accept defeat.
As a face-saving measure, they were given a political statement by the Commission, signalling an intent to meet their demands of simplified compliance measures when the EUDR is to be reviewed anyway in 2028.