The EU Commission has also proposed some changes to the EUDR’s requirements. Broadly speaking, these changes may include:

• Due diligence requirements will only apply to those businesses who first place any of the seven risk items (cattle, coffee, cocoa, palm oil, rubber, soya, and wood) on the EU market – e.g. an importer of cocoa beans will have to submit a due diligence statement to the EU’s IT system, but a downstream manufacturer of chocolate would not need to submit their own due diligence statement.
• Micro and primary producers from low-risk countries (which includes nearly all EU countries) will have fewer obligations, possibly only having to submit a one-off, simple declaration to the EU IT system.

The EU Commission explains that these targeted changes should help to ensure timely implementation of the EUDR while, at the same time, ensuring that the EU’s IT system is able to operate properly in support of this important EU environmental measure.

What should businesses do now?

We need to see the detail of the EU legislation which is actually adopted before being able to offer further opinion on these measures. However, and particularly as there may be no further changes to the EUDR before it comes into force on 30 December 2025, it is essential that businesses continue to prepare for the significant new legal obligations associated with tackling deforestation. These preparations should include reviewing the detail of supply chains and considering changes to sourcing strategies, where appropriate.

Our thoughts

The introduction of these new EU requirements has been beset with difficulties.

While few would take issue with the aim of the legislation – the Earth’s forests often being described as the lungs of our planet – the proportionality of the means employed to achieve it was doubted by many.

Revision of the detail of the EUDR is welcome and should help to promote both the long-term credibility and acceptability of the measure. These things are essential to its success and its ability to change the way in which we approach securing the supply of important, everyday commodities.

How we can support you

If you need legal advice or support to help you to prepare for the new legal requirements – especially given the current uncertainties about the precise implementation date and nature of the requirements – do get in touch with us for a without obligation discussion.