After weeks of uncertainty on the possibility to secure a 1-year implementation delay, the EU Deforestation Regulation (‘EUDR’) passed the first hurdle before its formal approval, as interinstitutional (‘trilogue’) negotiations were concluded on 3 December. Co-legislators agreed to delay the application of the Regulation by a year (i.e. 30 December 2025). The agreement contained no further substantial changes, a big blow to the EPP group of the European Parliament that pushed for additional amendments, aiming to water down the Regulation.

Subject to the trilogue agreement, the European Commission issued a statement confirming that it will be providing “further clarifications and explore additional simplifications, and streamline reporting and documentation obligations, to keep them to a necessary minimum”. A revised FAQ and additional guidance shall also be expected prior to the revised EUDR implementation, while the Commission will ensure putting in place a verification measure for the appropriate functioning of the Information System platform.

Both Member States Ambassadors and the European Parliament leading Committee (ENVI), endorsed the final text, on 4 December, securing legal certainty for the industry, Member States and third countries. Even though there will be more time before the effect of the EUDR, companies must still prepare their compliance efforts and prepare the necessary processes in place.

Next steps:

• The European Parliament Plenary is now set to formally endorse the text, after which, the Council will follow at Ministerial level. 
• The European Parliament plenary vote is foreseen on 16 December.
• Environment Ministers are to formally endorse the text on 17 December.
• The implementation delay will only become effective after the publication of the Regulation in the Official Journal of the EU, expected to enter into force 3 days after the publication.
• The benchmarking system is expected to be adopted by the European Commission by June 2025.