Exclusive: European Parliament votes through controversial ‘no risk’ country EUDR amendments
The European parliament. pic: Shutterstock
The European Parliament has voted through plans from the EU Commission to delay the landmark EUDR environmental frameworks – including controversial amendments on creating ‘no risk’ countries in relation to the major legislation, reports Neill Barston.
In a narrow vote, proposals were approved from the centre-right European People’s Party (EPP) that industry observers have stated would effectively allow countries within the bloc a ‘get out clause’ from complying with the much-anticipated legislation, leading to a significant backlash from environmental groups and sector businesses that had backed the plans in their original form that had been agreed more than 18 months ago.
Under the terms of the EUDR, companies now have to prove that they are deforestation free, with the original timeline being from the end of next month. This has now been pushed back until the end of 2025 for major companies, with small to medium-sized companies adopting them during 2026.
Significantly, one of the major amendments that the EPP party had called for – an additional two years time-frame for the introduction of the proposals against the legislation’s original plans, was dropped just hours before the vote, along with several other demands including exemptions for industry traders being made by the group, which is considered the largest in the parliament.
However, the EPP’s call for the introduction of ‘no risk countries’ remained on the vote – much to the concern of many MEP’S and those close to the legislation, who have expressed the view that to take such a measure effectively allows European countries to free themselves of being bound to any of the regulations.
This position has been strongly rejected by many confectionery industry players, including the Cocoa Coalition featuring members including Barry Callebaut, Ferrero, Mars, Mondelez, alongside Fairtrade International, Solidaridad, and the International Cocoa Organisation.
Speaking on this morning’s vote, Antonie Fountain, managing director of the Voice Network industry advocacy group, who spoke on the issue at our 2024 edition of the World Confectionery Conference, said: “The parliamentary vote was incredibly chaotic. But it looks as if the EU is now going to try to create a neocolonial escape clause that allows European countries to continue deforestation whilst telling other countries off.
“It’s expected that this exception will be (successfully) challenged at WTO. It’s also highly unclear how you can demonstrate the products are from a no risk country if you don’t have to trace products from a no risk country. In stead of making the EUDR simpler and easier to comply to, this has made things so much more complicated.
“So now a new trialogue will be necessary, and it’s a major question whether this will be finished by December 30th. If not, the original date for enforcement will kick in causing even more chaos. Well done, EPP. Once again you’ve shown a shameless disregard for good policy to seem to be catering to your constituents.”
Julian Oram, Policy Director at Mighty Earth, responded to the results of the vote, stating that the amendments were not ‘a done deal’ and urged the EU Commission president, Ursula von der Leyen, to reject the amendments, and proceed with the plans as originally agreed to begin next month.
As previously reported, some 20 EU nations had reportedly claimed there were not ready to adopt the EUDR regulations, with significant industry lobbying occurring, as well as pressure being applied from national governments over the proposed timeline for the landmark legislation.
Julian Oram said: “It’s a dark day for Europe’s environmental credentials, stripping the bloc of its role as a global leader in the fight against climate change, biodiversity loss and human rights violations. The inclusion of a new “no risk” category will allow many countries to be considered risk-free, even if deforestation, degradation and illegal practices are still occurring. It is also likely to encourage large-scale smuggling of agricultural commodities from high-risk territories to “no risk” countries, en route to the EU.”
“The approval of these awful amendments now sets in train a dangerous game of cat and mouse between the Parliament, European Commission and member states, with the future of the world’s forests, and the people and wildlife that depend on them for survival, hanging by a thread. “
“Aside from the fact that the worst of the amendments and a one-year delay were adopted, this was not democracy in action today. The votes were very close, but the fate of the world’s forests ended up at the mercy of a technical glitch which saw many MEPs unable to cast their vote, with the chair refusing to re-do the vote. It makes a travesty of the huge “Democracy” slogan on the outside of the European Parliament building.”
Another sector specialist, Ferdi Van Heerden, of Cooko, an agtech business focused on utilising technology to harness improvements for cocoa farmers in Cameroon, believed that the EU vote was of particular concern.
He said: “A delay was disappointing but not entirely unexpected. The real concern is the dangerous amendments that were passed, especially the introduction of a “No Risk” loophole—a blatant path to bypass accountability.
“The original EUDR was clear: responsibility lies with the demand side of the value chain, and there is no room for “legal” vs. “illegal” deforestation. There is no such thing as “no risk” when it comes to our planet’s forests. This amendment undermines everything we’ve fought for. I’m baffled by those who believe they can vote or legislate away the inconvenient truths of environmental destruction. We need real action, not regulatory loopholes that weaken our impact.”
