On October 16, 2024, the Council of the European Union (European Council) agreed on its position on the targeted amendment of the EU Deforestation Regulation (EUDR), backing the European Commission's proposal to postpone its date of application by 12 months.
On October 2, 2024, the European Commission (EC) published additional guidance documents and a stronger international cooperation framework to support global stakeholders, Member States, and third countries in their implementation preparations of the EU Deforestation Regulation (EUDR).
The Commission also proposed to give concerned parties an additional 12 months to prepare.
This postponement will allow third countries, Member States, operators, and traders to be fully prepared in their due diligence obligations, to ensure that certain commodities and products sold in the EU or exported from the EU are deforestation-free.
This includes products made from cattle, wood, cocoa, soy, palm oil, coffee, rubber, and some of their derived products.
More time to better prepare for implementation
The EUDR has been in force since June 29, 2023, and its provisions are to be applied from December 30, 2024.
The Council has agreed to the Commission’s proposal to postpone the application date of the regulation by one year.
Therefore, if agreed by the European Parliament, the obligations stemming from this regulation will be binding from:
- December 30, 2025, for large operators and traders
- June 30, 2026, for micro- and small enterprises
This, the Council stated, would give “legal certainty, predictability and sufficient time for a smooth and effective implementation of the rules, including fully establishing due diligence systems covering all relevant commodities and products.”
These due diligence systems include identifying deforestation risks in supply chains as well as monitoring and reporting measures to prove compliance with EU rules.
Keeping the deforestation-free objective
The targeted amendment will not affect the substance of the already existing rules, which is to minimize the EU’s contribution to deforestation and forest degradation worldwide, by only allowing placing on the EU market or exporting from the EU, deforestation-free products.
Deforestation-free products are products that have been produced on land not subject to deforestation or forest degradation after December 31, 2020.
The Council will now inform the European Parliament of its position, in view of the Parliament deciding on its position.
The aim is to have the regulation formally adopted by both co-legislators and published in the Official Journal of the EU so that it can enter into force by the end of 2024.
