Any postponement to the EUDR would require a legislative change, stated the EU Commission in response to questions raised by trading partners at the WTO agriculture commitee meeting this week: “This would not achieve our goal to provide legal predictability for operators as soon as possible. The EU is therefore focusing on ensuring that all the elements necessary for the implementation of the regulation are ready on time, including the guidance for economic operators and member states, and the IT system.”
Industry warns of supply chain chaos
Earlier this month, EU feed industry representatives, FEFAC, outlined how unresolved logistical and legal uncertainties in relation to the regulation could severely disrupt established trade patterns, with it noting there has been no updated guidance for operators on EUDR compliance since December 2023.
The EU multi-stakeholder meeting on September 24 was expected to address some of these unresolved issues. But that meeting ended up yielding little progress.
And following it, FEFAC, the EU’s largest farm lobby, Copa-Cogeca, alongside timber and paper associations, among others, issued a joint statement: “It is crucial that the EU Commission and members states acknowledge that the set timeline is simply not feasible. Therefore, we demand immediate action to delay the EUDR’s entry into force and that the necessary compliance tools are fully provided with sufficient time to prepare adequately.”
They still don't know if there is a functioning and user-friendly EU IT system for due diligence statements or whether the benchmarking model, especially for low-risk countries, is ready. “In addition, seven member states have still not designated a competent authority for national implementation.”
In a recent interview with the Financial Times, the head of the WTO, Ngozi Okonjo-Iweala, called on the Commission to fundamentally rethink the EUDR as the lack of clear compliance guidelines have created uncertainty for exporters who do not know if their goods would be stopped at the EU borders.
On September 12, German chancellor, Olaf Scholz, added his voice to calls for a postponement of the date of the entry into force of the new rules.
‘Delay by default’ scenario
When asked whether an adjournment would be likely, FEFAC secretary general, Alexander Döring, told us a few weeks ago that a “delay by default” scenario may arise:
"If you listen to the operators and importers, they say that whatever the Commission does now—whether it's publishing additional guidance or anything else—it won't help to resolve market access issues in Q1/2025. We are already at a critical point, and any guidance issued now will come too late to make meaningful changes in time for the December 31 deadline. So, in that sense, it is already too late. However, I believe the EU may end up in a “delay by default” scenario —not just for operators, but also for the competent control authorities. They, too, lack proper guidance and resources to implement the regulation. With an incomplete set of FAQs, both operators and authorities still need specific instructions and clarification on multiple questions.”
Trade bodies try to plug guidance gaps
Last week saw FEDIOL and COCERAL being forced to release their own guidance on EUDR compliance to try and keep the process moving for traders and operators.
Commenting on that move, Mighty Earth’s senior policy director, Julian Oram, said there is only so much industry bodies can do without clarity from EU officials on how they can prove compliance.
“It’s baffling that with less than 100 days to go until the EUDR comes into force, the EU Commission is dragging its heels and sitting on crucial compliance guidance, creating an information vacuum for companies and countries that want to crack on with their preparedness.
“In a climate and nature emergency, of which deforestation is a key driver, the need for decisive political action to implement EU laws designed to protect forests is of paramount importance for the planet.”
