EUDR: European Council targets postponement, further 'simplification'

Brussels – The European Council has called for a uniform one-year delay in the implementation of the EU regulation on deforestation-free products (EUDR), following the European Commission’s simplification proposals last month (ERJ report).

In a 19 Nov statement, the Council said it was ready to enter talks with the European Parliament on “a targeted revision” of the regulation.

This, it said, would include a delay to the application of EUDR requirements and measures intended to reduce administrative burdens for operators.

“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 as it adopted its negotiating mandate.

While the Council said it supported the Commission’s efforts to simplify due-diligence rules, it noted concerns raised by member states and stakeholders about the EC latest proposals.

These issues, it said, include “the readiness of companies and administrations... and “technical issues related to the new information system.”

Council also backed a “uniform one-year postponement" of the application of the EUDR for all operators until 30 December 2026,” with an extra six months for micro and small operators.

Also under the new proposals, the EUDR obligation to submit a due-diligence statement (DDS) would fall “exclusively on the operators who first place the product on the market.”

Downstream operators and traders would, therefore, no longer have to submit separate DDSs: only first downstream operators would keep and pass on the reference number of the initial statement.

Meanwhile, micro and small primary operators would be required to to submit only a one-off "simplified" declaration.

The Council also tasked the European Commission with carrying out, by 30 April 2026, a simplification review assessing the EUDR’s impact and administrative burden on operators, particularly smaller operators.

Based on the mandate, the Council said it will start negotiations with the European Parliament towards reaching a final agreement before the current EUDR becomes applicable as of 30 Dec.

EUDR entered into force in June 2023 with the aim of ensuring that certain commodities, such as natural rubber, cattle, cocoa, coffee, oil palm, soya and wood, as well as their derived products placed on or exported from the EU market have not caused deforestation or forest degradation.

The main provisions were initially due to apply from 30 Dec 2024 but were delayed by a year due to concerns raised by member states, third countries, traders and operators.