The European Council is seeking to delay implementation of the EU Deforestation Regulation (EUDR) by another year ahead of talks with the bloc’s Parliament.
EUDR was set to come into force in December after already being pushed back but the European Commission (EC) proposed in October to again delay its implementation with different provisos depending on the size of the company.
The deadline for large and medium enterprises would remain but with a six-month grace period, while micro and small businesses would have until December 2026 to comply. The EC said in October that its recommendations would go before the Council followed by final judgement by the EU Parliament.
Now the Council has made its recommendation for a delay by one year under a “targeted revision” proposal. In a statement yesterday (19 November), it said it will look to start “negotiations” with Parliament with a view to a final decision being made before the existing 30 December deadline.
“The aim is to simplify the implementation of the existing rules and to postpone their application to allow operators, traders and authorities to prepare adequately,” the Council said, effectively siding with the EC on its simplification proposals put forward in October.
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EUDR, first unveiled in 2021, was originally due to take effect on 30 December 2024, covering commodities such as cocoa, coffee and palm oil, along with food products containing those ingredients.
Companies placing those goods on the EU market will have to demonstrate that their value chains are not linked to deforestation.
Under pressure from member states, third countries, traders and operators, the EC agreed in December 2023 to delay applicability by a year, to 30 December 2025.
In September this year, the Commission then proposed further changes, pointing to problems with the IT system that would log applicable transactions.
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By GlobalDataThe Council’s latest position aims to “further reduce the administrative burden on operators, particularly small and micro-operators, and allow for a smooth implementation of the regulation”.
The Council said yesterday it would push for a “uniform” one-year delay for all operators but with an extra six-month “cushion” for micro and small companies to June 2027.
Meanwhile, the grace period for large and medium enterprises suggested by the EC would be removed and the Council would press for “a clear extension of the application date for all operators, regardless of their size”.
The Council also proposes a change in how responsibility for compliance is dished out along the supply chain.
Under the mandate, the operator that first places a relevant product on the EU market would bear sole responsibility for submitting the due diligence statement.
Downstream operators and traders would not need to file their own statements.
Only the first downstream operators would be required to keep and pass on the reference number of the initial due diligence submission, according to the EC’s statement.
Micro and small primary operators would move to a “one‑off simplified declaration”.
Meanwhile, further out the Council wants the regulation to be formally reassessed once it is in operation.
It called on the EC to complete a “simplification review” by 30 April, examining the law’s impact and the administrative burden on operators, with a particular focus on micro and small companies.
If necessary, that review should be accompanied by a legislative proposal for further changes.
