The European Union (EU), also known as the European Union, is under surveillance. Increased pressure on government to delay deadlineThe EU Deforestation Regulation (EUDR) is a set of regulations that govern deforestation in the European Union. Last Wednesday it broke down..
The European Commission issued a press release on 2 October which stated: “Given the novelty of the EUDR, its rapid timetable and the diversity of stakeholders across the world, the Commission considers that an additional 12 months to implement the system in phases is a balanced solution for operators to ensure a smooth start.”
The EU was quick to assert, however, that the bill as a whole would not be changed.
The extension proposal in no way calls into question the objectives of substantive law as decided by the EU co-legislators.
If the postponement proposal is approved, the bill would be reopened and could be amended.
The biggest concern is whether the delay could lead to changes in the content of the EUDR.
Kerstin Caby, senior director of the Forest Trends Association and FoodNavigator, said the biggest concern was whether the delay would allow for possible changes to the content of the EUDR.
The most important question is whether the delay proposal will be approved.
Is it possible to adopt the EUDR delay proposal?
This question receives a strong answer: “I don’t know.”
Duncan Brack is an environmental policy advisor and analyst. He told FoodNavigator that it was difficult to predict. Most EU agriculture ministers will welcome the delay. However, the environment ministers who will make the final decision may not be so supportive. There will also be opposition within Parliament.
Even the European Commission cannot guarantee the adoption of the delayed proposal.
Adalbert J. Jahnz is the spokesperson for the European Commission and told FoodNavigator: "I'm afraid I'm not in a position to speculate. The Commission made this recommendation because it believes it is the right thing to do. We have asked the European Parliament to approve the proposal quickly. Each institution has its own democratic rights."
What’s next for EUDR? Where is the industry now?
What's next for EUDR?
Unfortunately, this proposal will leave suppliers and manufacturers affected by the EUDR in the dark until the European Parliament approves or rejects the proposal.
Duncan Brack says it would take between one and two months for the amendment to be approved through the EU legislative process. A decision to extend the deadline may not be taken until December 30.
Many stakeholders will believe that this deadline comes into force because it was proposed by the Commission.
Businesses will likely assume that delays will occur.
Brack says companies will likely assume there will be a delay.
Although this bill is expected to create significant turbulence, many stakeholders are already ready to implement it on December 30, 2024.
Canby, of the Forest Trends Association, says companies that can demonstrate that their products have no impact on deforestation can claim that they invested in those products in good faith and that any changes would be detrimental.
This could have financial consequences for both parties, as the cost of raw materials will increase if you comply with this new rule.
Canby says competitors who have not made similar investments will be allowed to operate under a more flexible set of conditions. Canby speculates on the possibility of legal action against the Commission based on principles of regulatory stability.
This brings us to the EU and its management of implementation.
What was the EU's approach to the implementation of the EUDR?
It will come as no surprise that the EU's approach has attracted much criticism of the EUDR.
Duncan Brack said: "It was really bad."
There is some confusion as to why guidance prepared months ago was published on October 2 at the same time as the proposed postponement.
Brack says that "the draft guidance was available in May (a leaked version) and it is difficult to understand why the Commission waited so long."
The proposal to postpone the deadline by less than three months raises many questions.
Why wait so long to inform the public about a possible postponement? "It creates uncertainty in the minds of businesses."
Brack asks: "Why announce possible delays so late?" This creates uncertainty in the minds of businesses.
Many people also have difficulty getting along. As early as March, there were suspicions that the bill might be delayed.It is even more surprising that the decision was taken at such a late hour.
Canby of the Forest Trends Association says: "I predicted this last summer when the European Commission backtracked on the risk categories for countries (low, medium and high)." The move showed that the European Commission would bow to external pressure.
This is not the first time that the European Union has been criticised over the EUDR. For several months, industry experts have been denouncing the lack of support provided to manufacturers and suppliers.
Julia Christian, Forests and Agriculture campaigner at environmental group Fern, told FoodNavigator in July that support for the EUDR was woefully inadequate. There was a lot of talk about smallholders, the Sustainable Cocoa Initiative and the Team Europe budget. But this did not translate into support on the ground for smallholders.
There has also been a lack of structure and guidance to enable countries to make the necessary changes.
Brack says the Commission is slow to establish support frameworks to help developing countries access EU markets.
Canby agrees that the European Commission is consistently slow to provide important guidelines. Canby acknowledges that the European Commission is consistently slow to provide crucial guidelines. It's frustrating."
The proposal also raises questions about the European Union's commitment to tackling climate change.
Brack says that “the proposed delay gives the impression that ambitious green legislation was approved by the previous Parliament”. This will damage the EU’s reputation and means it is failing to deliver on what is needed to tackle the climate and nature emergencies.
EUDR: Latest information on EUDR
What is EUDR
EUDR is the European Union’s Deforestation Regulation. EUDR requires any product containing the seven commodities at risk of deforestation – beef, soy, palm oil and timber, as well as cocoa, rubber and coffee – to prove that it does not come from land deforested after 31 December 2020.
To ensure that their products comply with regulations, companies must be certified.