3 October, 2024

Regulation against deforestation: a proposed 12-month delay

Over the past several months, as the European Regulation against Deforestation and Forest Degradation (EUDR) enters into force, requests for postponement have increased (cf.Regulation against deforestation: Will the European Commission weaken under pressure from requests for postponement?). The first claims came from the Member States in March 2024, when Austria pleaded for a relaxation of the text, supported by several other European countries. Other States, without calling into question the substance of the regulation, also referred to preparation times considered too short for full compliance of their supply chains.

More recently, at the end of September 2024, Brazil and Germany again expressed their concerns to the European Commission. The product-producing countries concerned in Africa, Asia, as well as small producers, also raised concerns, considering the requirements of the Regulation unrealistic given the deadlines for their compliance.

Two arguments dominate the claims:

  1. Insufficient preparation timesMany economic actors believe that the preparation time is too short to fully adapt their supply chains. There is a real fear of disruption in trade and serious economic consequences for both producing and European consumers.
  2. Lack of clarity on implementationMany stakeholders are asking for details on the implementation of the Regulation. The lack of visibility on country risk assessment and the questions surrounding certain concepts of regulation make it even more difficult to take ownership of new obligations.

However, some companies seem already ready to meet the target. « zero deforestation ». According to the Canopée Association, several of them have already adapted their supply chains to comply with the regulations. This suggests that some deferral requests may reflect a lack of will rather than actual difficulties in complying with the new standards.

In response to these pressures,the European Commission has proposed to extend the deadline for implementation. This postponement,if accepted by the European Parliament, would have an application on 30 December 2025 for large enterprises and on 30 June 2026 for micro and small enterprises. In parallel with this announcement and in response to numerous requests, the Commission has also published clarifications to clarify certain points of the Regulation, including the methodology for assessing country risks and key definitions such as those of« operator » or « placing on the market ».

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