EU set to introduce another delay to deforestation law
The European Commission has said it wants to delay the EU Deforestation Regulation (EUDR) by another year, opening the door for more uncertainty and potential renegotiations.
Under the current timeline, large and medium-sized companies have to comply with the rules from December 30th, with smaller ones coming into scope next summer.
But the Commission says it needs another year due to problems with the EUDR online registry.
In a letter published on Tuesday, environmental commissioner Jessika Roswall said the platform’s inability to cope with the expected influx of submissions “will very likely lead to the system slowing down to unacceptable levels or even to repeated and long-lasting disruptions, which would negatively impact companies and their possibilities to comply with the EUDR”.
“Operators would be unable to register as economic operators, introduce their Due Diligence Statements, retrieve the necessary information from the IT system, or provide the necessary information for customs purposes where relevant. This would severely impact the achievement of the objectives of EUDR, but also potentially affect trade flows in the areas covered by the legislation,” she said.
“In view of this, the Commission is considering a postponement of the entry into application of the EUDR […] for one year.”
Annual tradition
It wouldn’t be the first the Commission has delayed the law at the last minute.
In October 2024, two months before it was originally scheduled to enter into force, the EU agreed to push the deadline back by a year to give companies more time to comply.
At the time, there was major pressure from the right of European Parliament it as an opportunity to also loosen the rules, but ultimately the substance remained untouched.
Altering the start-date again, however, will give co-legislators another opportunity to push for broader renegotiation – although it’s likely the Commission’s proposal will focus exclusively on the deadline, in a bid to avoid this and simplify discussions.
In the meantime, another ‘stop the clock’ is expected to pause the introduction of EUDR while negotiations take place.
To get last year’s postponement confirmed in time, the EU fast-tracked the process following the Commission’s formal proposal in October. It was officially adopted on December 23rd, just four days before the regulation was due to enter force.
Pressure from the US?
Given that the IT system the Commission is blaming has been operational since last year, there’s widespread suspicion that it’s not the real reason for the sudden decision.
Many think it’s motivated instead by the new EU-US trade agreement – in which EUDR is namechecked – and the Commission’s accompanying promise not to burden US firms with its rules.
‘It would be funny if it wasn’t so tragic’
Tony’s Chocolonely responded to the news by telling the Commission its planned delays were “not good enough”.
In a statement, the chocolate maker said EUDR needed to be introduced as soon as possible, in order “to hold companies accountable for ensuring their supply chains are deforestation-free”.
Civil society has also expressed frustration at the development.
Michael Rice, a lawyer for non-profit law firm Client Earth, said blaming technological issues “would be funny if it wasn’t so tragic”, and accused the Commission of “making a fool of itself by using its own inadequate IT system as an excuse to delay the world’s most important forest law for a second time in 12 months”.