BRUSSELS, Belgium – Yesterday, 3 December 2024, the Council reached a provisional agreement with the European Parliament on a proposed targeted amendment of the EU deforestation regulation (EUDR), postponing its date of application by 12 months. This provisional agreement still needs to be confirmed by both institutions before going through the formal adoption procedure.
This postponement will allow third countries, member states, operators and traders to be fully prepared in terms of 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.
EUDR: Smooth implementation and legal certainty
The deforestation regulation has already been in force since 29 June 2023 and its provisions are to be applied from 30 December 2024. The two co-legislators agreed to the Commission’s proposal to postpone the application date of the regulation by one year (30 December 2025).
This would give legal certainty, predictability and sufficient time for the smooth and effective implementation of the rules, including fully establishing due diligence systems that cover all relevant commodities and products.
No changes in terms of substance
According to the provisional agreement, the targeted amendment will not affect the substance of the existing rules, which aims to minimise the EU’s contribution to deforestation and forest degradation worldwide, by only allowing deforestation-free products to be placed on the EU market or exported from the EU.
Next steps
The provisional agreement will now have to be endorsed by the Council and Parliament. It will then be formally adopted by both institutions and will be published in the Official Journal of the EU, so that it can enter into force before the application date of the current regulation (30 December 2024).
EUDR: Background
The deforestation regulation was adopted in 2023 and establishes rules to ensure that products derived from certain commodities that are placed on the EU market or exported from the EU have not caused deforestation or forest degradation during their production, have been produced in accordance with the relevant legislation of the country of production and are covered by a due diligence statement.
The Commission submitted its proposal on postponing the application date of the deforestation regulation in response to concerns raised by member states, third countries, traders and operators that they might not fully comply with the rules by 31 December 2024.
On 16 October 2024, the Council agreed on its position on the amendment of the EU deforestation regulation, postponing its date of application by 12 months. On 20 November 2024, the Council reiterated its support for the proposed targeted amendment of the EU deforestation regulation.
