Brussels – There is no respite for the law against imported deforestation in the European Union: today (4 May), the European Commission has proposed to exclude imports of leather and retreaded tyres from the scope of the restriction. The European Commission announced this through the publication of a draft delegated act, open for consultation until 1 June, which aims to amend the scope of the regulations on deforestation (EUDR) not yet in force. In particular, the draft also adds certain downstream products, such as instant coffee and certain palm oil derivatives, as well as exemptions for certain packaging materials, used and second-hand products, and waste.
The delegated act forms part of a wider package to simplify regulation, which, from the end of December, will require companies selling products such as soya, coffee, beef, and palm oil in the EU to demonstrate that their products are not linked to deforestation. In fact, the package published today by the Commission consists of a report to the European Parliament and the Council, an updated guidance document and frequently asked questions (FAQs), and a draft delegated act on the definition of the EUDR product. The Commission has also submitted to Member States an updated implementing act on the information system through which companies will have to report on imported products. According to the Berlaymont building, the measures proposed today (4 May) aim to “smooth and effective implementation following the agreement reached by the co-legislators last December“, as explained in the press release.
In particular, the Commission’s report sets out in detail the simplification measures implemented from June 2023 to the present day, highlighting how these initiatives, taken together, “will lead to a substantial reduction in administrative burdens.” According to estimates released by the Commission, these measures are expected to reduce annual compliance costs for businesses by around 75 per cent compared to the original version of the EUDR. The report also introduces tools such as legislative repositories for producing countries and raw material certification systems aimed at “facilitating risk assessment and due diligence.” Finally, the document highlights how the EUDR is already triggering “structural changes in global supply chains,” promoting transparency and supporting more competitive and sustainable production models.
The updated guidance document and frequently asked questions “address the issues most frequently raised by stakeholders” and aim to provide “further clarification on the obligations for the downstream supply chain and on the specific, greatly simplified regime applicable to micro and small primary operators.” Specifically, they provide explanations on issues such as e-commerce and geolocation methods. Meanwhile, the updated implementing act on the information system—which will now be submitted to Member States prior to its adoption—will feature “a simplified declaration form for micro and small primary operators, in line with the existing due diligence declaration format; updated specifications for automated application interfaces; a contingency plan for unplanned downtime; and a voluntary grouping function introduced in response to requests from the business sector.”
In this package, the Commission states that it is “upholding the commitment made to the European Parliament and the Council for a streamlined review, in preparation for the legislation coming into force” by the end of the year. Specifically, the deadlines have now been set: the regulation will apply from 30 December 2026 to large and medium-sized enterprises (as well as micro and small enterprises in the timber sector) and from 30 June 2027 for the remaining micro and small enterprises. Whilst the proposal provides exemptions for certain packaging materials, waste and second-hand goods, it also includes new downstream products, such as instant coffee and palm oil derivatives.
The EU Regulation on Deforestation (EUDR), which was approved with some difficulty in 2023, aims to serve as the European cornerstone to ensure that domestic consumption does not contribute to global deforestation, a critical factor for climate and biodiversity. For Brussels, the main driver of deforestation is the expansion of agricultural land linked to the production of seven raw materials covered by the regulation: cattle, timber, cocoa, soya, palm oil, coffee, rubber, and some of their derived products. Under the regulation, any operator or trader placing these raw materials on the EU market or exporting them must be able to demonstrate that the products do not originate from recently deforested land or contribute to forest degradation. However, the regulation’s progress has been somewhat troubled: the EU institutions first extended the implementation deadlines and then, at the end of 2025, undertook a process to amend and further postpone the application by one year, setting the new deadline at the end of 2026 for all the companies concerned.
English version by the Translation Service of Withub
