EUDR

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November 21, 2024

Will the EU Deforestation Regulation be delayed?

Written by

Caroline Busse

MRV Carbon and Deforestation

Over the past weeks, there has been a lot of turmoil surrounding the EU Deforestation Regulation, which was caused by a proposal of the EU Commission to delay the EUDR by twelve months on October 2nd.

Contrary to what many providers have publicly announced, the EUDR has not been officially postponed as a final decision has not been made (yet). While a 12-month delay is likely, it is not yet legally binding.

Key Updates

12-month delay & further 'no risk' class introduced

Besides the potential 12-month delay initially proposed by the EU Commission and confirmed by the EU Council, the European People's Party (EPP) introduced further amendments to the regulation text of the EUDR prior to the plenary session of the European Parliament on November 14th.

The European Parliament voted in favor of two main amendments to the EUDR which were proposed by the EPP:

  • The proposed 12-month delay of the EU Commission was accepted
  • The amendment of a further 'no-risk' category was accepted

Six of the 15 amendments were withdrawn by the EPP just one hour before the Parliament vote.
The withdrawn amendments included a 2-year delay of the EUDR as well as exemptions from due diligence requirements for traders.

Voting results of the European Parliament to delay the EUDR

What does a further 'no risk' class mean?

Under the proposed fourth 'no risk' category of the country benchmarking, products from such countries shall be excluded from due diligence.

'no-risk' refers to countries or parts thereof that meet the following criteria:

  • Ttable or increased forest area compared to 1990
  • Paris Agreement and international conventions on human rights and preventing deforestation are signed
  • National regulations on preventing deforestation and forest conservation are strictly implemented and enforced

The new 'no-risk' category would most likely exempt countries in the northern hemisphere, including EU countries, from due diligence requirements.

The EU Council has not approved a further 'no risk' class

The EU Council has recently reconfirmed the extended date of application of the EUDR by 12 months. The additonal amendment of the regulation text by adding a further 'no risk' class to the country benchmarking has not been approved by the EU Council.

Timeline

  • October 2nd - the European Commission proposed a 12-month delay of the EUDR
  • October 16th - the EU Council agreed upon the 12-month delay of the EUDR
  • November 6th - European People's Party (EPP) proposed 15 amendments to Tthe EUDR
  • November 14th - 6 of the 15 amendments were withdrawn one hour before the vote
  • November 20th - the EU Council re-confirmed the 12-month delay but not the amendment of a 'no risk' benchmarking category

Timeline of the decision to delay the EUDR

Next Steps

The next steps include trilogue negotiations between the EU Parliament, EU Commission, and the EU Council on the new amendment. An agreement has to be found to implement legal certainty on the EUDR by the end of this year, else the initial regulation (without the proposed delay or amendments) will enter into force by default on December 30 2024. The proposal of the EU Commission to delay the EUDR by 12 months needs to be adopted, signed and published in the Official Journal before 30 December 2024.

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ABOUT THE AUTHOR

Caroline Busse

CEO

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Caroline is an experienced data scientist with a management degree from TU Munich and a degree in earth observation from the University of Würzburg, which is co-chaired by the German Aerospace Center (DLR). She has worked as a data scientist in the areas of nature conservation and land use change monitoring at WWF, the German Centre for Integrative Biodiversity Research (iDiv), and at tech companies such as Celonis and Deloitte.

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