Exclusive: EUDR proposals take dramatic twist with plans for further delay amended
EU flags waving in front of European Parliament building. Brussels, Belgium
A dramatic twist in the saga of the landmark EUDR deforestation legislation has emerged, as the EU Commission is reportedly set to back-off from its planned additional year delay over IT systems, writes Neill Barston.
Confectionery Production understands that following intense negotiations at the heart of the organisation, the EU appears to have taken a line that it will only allow an extra year on top of the already agreed 12 month delay, meaning that the policy will take effect from the end of December 2025.
Notably, the latest set of proposals, represent a direct u-turn from those proposed just weeks ago by Jessika Roswall, European Commissioner for environment, will mean that its planned implementation for businesses employing 500 companies or more will stand as the final take on the policy – which will now have to be approved by the European Parliament.
The EUDR relates to a number of key commodities used by the confectionery and snacks trade including cocoa, soy and palm oil, as well as rubber and wood, exempts those smaller companies from having to submit due diligence statement. This is also the case for companies now designated as ‘downstream businesses’ that can continue to trade on the validity of the documentation laid out by the initial importer.
This has been proposed a means of significantly simplifying the EUDR process – though observers have noted that to exclude SME businesses from the process is at odds with the original intent of the legislation to ensure that all actors in supply chains take responsibility.
Following reported considerable internal debate, a 29-page document with revised proposals from the EU Commission has just been released. Among its key points is creating an entirely new category within the framework, of micro and small sized enterprises, who would be exempt from the delays, with major businesses expected to keep to the initial revisions of starting at the end of this year (It was originally due to start at the end of 2024), having been adopted in 2023.
The document confirmed that a considerable volume of training on the new EUDR legislation has already been undertaken (some 67,000 sessions involving 20,000 stakeholders), with considerable concern having been expressed at the prospect of yet more delays over the crucial laws.
Under the fresh proposals, penalties for not complying with the system will be postponed by June 2026, which would enable companies further time to meet the requirements.
Political pressure
The EU Commission move comes amid sustained pressure from all sides of the issues – from right wing political groups within parliament concerned at the impact on businesses, through to a host of major companies at the other end of the spectrum, asserting that the key environmental laws – which compel companies for the first time to ensure zero deforestation in their supply chains, which has led to a heated politically-impacted drama unfolding.
Indeed, within the past two weeks, EU Commission’s environment minister received a key letter from major businesses urging the authority to press ahead with the EUDR proposals as originally envisaged.
it was signed by companies including Nestle, Ferrero, Mars, Fairtrade Advocacy, Rainforest Alliance, Voice Network and Tony’s Chocolonely – though there were some notable industry absences, including Mondelez, which was among companies advocating for further delay before implementation.
As previously reported environmental groups including Mighty Earth, the WWF and Rainforest Alliance, as well as many global confectionery companies and snacks manufacturers have repeatedly warned against delaying the delivery additionally, against a backdrop of considerable climate impact on agricultural operations around the world, which have been hit with increased adverse weather, as well as heightened incidents of crop diseases.
As Confectionery Production has previously reported, despite recent efforts to introduce agroforestry and the cross-industry “Cocoa and Forests Initiative,” West Africa has been hit especially hard, with Ivory Coast having estimated to have lost up to 90% of its primary forests since 1950 according to sector studies.
Meanwhile, in neighbouring Ghana, with which it makes up two thirds of the cocoa supply chain serving the confectionery industry, deforestation rate believed to be at around 65% since that period. This has threatened the future viability of cocoa and related trades.
Isabel Fernandez, Senior Consultant at Mighty Earth, had previously been among those who had been notably concerned by the prospect of yet further delays to the legislation.
She said: “We’re glad to hear that the European Commission has finally gotten off hold with its tech support team, grappled with its IT issues, and for the most part this world-beating legislation will be enforced on time from December 30th.”
“However, exempting due diligence for downstream operators and traders creates a major blind spot in the EUDR framework. This makes it very difficult and resource-intensive for Member State agencies to track down non-compliant products already circulating on the EU market – especially when they are traded across Member State borders.”
“Now it’s up to the European Parliament, the Council, and the Commission to ensure that the proposed six-month delay in penalties for all operators is clearly communicated and implemented transparently. This six-month window is not an excuse for inaction, but a crucial period for competent authorities to carry out checks, address infringements and ensure full compliance.”
“In a climate and nature emergency, with forests falling fast there is no more time for dress rehearsals. It’s show time.”
Having served as a former European environment minister, she hailed the change of tack from the EU Commission, as an encouraging development for pushing ahead with EUDR – which had stood to be seriously weakened if it were subjected to an additional year’s delay.
Vedlhoven said: “With this proposal, the Commission is creating a workaround to allow compliance with the EUDR to begin at the end of December 2025. While no tampering would have been preferable, this approach is far better than delaying enforcement another year or gutting the regulation, as some have called for.
“The Commission appears focused on reducing burdens where the impact is small, while maintaining rigor where the stakes are high. An exemption only for micro enterprises — not including small enterprises — would have had less impact. Yet this package could strike a robust compromise: businesses that have already invested won’t see their efforts wasted, and those betting on future delays will not be rewarded.
“Crucially, it rejects the most harmful proposals like exempting entire countries. The proposal exempts small companies from submitting due diligence declarations, while making sure their products aren’t sourced from land deforested or degraded after the cutoff date and comply with local laws. As such, the proposal addresses the issues with the IT system, but retains the EUDR’s core elements and maintains its predictability.
“It’s important the European Parliament and Council give businesses clear guidance — and avoid adding uncertainty with further changes to the law. Forests are vital for climate stability, yet last year we lost 6.7 million hectares — 18 football fields every minute. With just 7% of the global population, the EU drives up to 16% of deforestation through imports. The EU bears a disproportionate responsibility to lead.”
