Today, the Council reached an agreement on postponing the EUDR regulation by one year to 30 December 2026 and 6 months later for micro or small sized undertakings. The Council also tasked the European Commission with carrying out, by 30 April 2026, a simplification review assessing the EUDR’s impact and administrative burden on operators, particularly small and micro operators. Where appropriate, the review should be accompanied by a legislative proposal.
It has been reported that next steps will be a vote expected to take place in the European Parliament on Wednesday, 26th November.
According to the Press Release of today:
Today the Council adopted its negotiating mandate on a targeted revision of the EU regulation on deforestation-free products (EUDR). The aim is to simplify the implementation of the existing rules and to postpone their application to allow operators, traders and authorities to prepare adequately.
Following concerns from member states and stakeholders about the readiness of companies and administrations, as well as about technical issues related to the new information system, the Council supports the Commission’s targeted simplification of the due diligence process. The Council also pushes to introduce a uniform one-year postponement of the application of the regulation for all operators, until 30 December 2026, with an extra six-month cushion for micro and small operators.
The Council removed the ‘grace period’ initially proposed by the Commission for large and medium companies, opting instead for a clear extension of the application date for all operators, regardless of their size. The mandate maintains and adds on the simplification measures originally proposed by the Commission, focusing on reducing administrative burdens while preserving the objectives of the regulation.
Main elements of the Council position
The Council’s mandate has introduced a number of changes to the Commission’s proposal to further reduce the administrative burden on operators, particularly small and micro operators, and allow for a smooth implementation of the regulation.
Under the Council’s position:
- the provisions of the EUDR would apply from 30 December 2026 for medium and large operators and 30 June 2027 for micro and small operators
- the obligation and responsibility for submitting the required due diligence statement would fall exclusively on the operators who first place the product on the market
- downstream operators and traders would no longer have to submit separate due diligence statements, but only the first downstream operators must keep and pass on the reference number of the initial statement
- micro and small primary operators would submit only a one-off simplified declaration
The Council also tasked the European Commission with carrying out, by 30 April 2026, a simplification review assessing the EUDR’s impact and administrative burden on operators, particularly small and micro operators. Where appropriate, the review should be accompanied by a legislative proposal.
Next steps
On the basis of this mandate, the Council will start negotiations with the European Parliament in order to reach a final agreement in the coming weeks and before the current EUDR becomes applicable as of 30 December 2025.
Official text –
Entry into force and date of application
1. This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
2. Subject to paragraph 3 of this Article, Articles 3 to 13, Articles 16 to 24 and Articles 26, 31 and 32 shall apply from 30 December 2026.
3. Except as regards the products covered in the Annex to Regulation (EU) No 995/2010, for operators, whether natural persons or micro- or small-sized undertakings as defined in Article 3(1) or (2) of Directive 2013/34/EU, who were established as such by 31 December 2024, the Articles referred to in paragraph 2 of this Article shall apply from 30 June 2027.
Simplification for micro and small primary operators:
For micro and small primary operators, the geolocation referred to in Article 9(1), point (d), may be replaced by the postal address of all plots of land or the postal address of the establishment from of where the relevant commodities that the relevant product contains, or has been made using, were produced.’;
Please refer to the official document for full details:
https://www.consilium.europa.eu/media/cdlbnivh/eudr-negotiating-mandate.pdf
Disclaimer
All Gafta Circulars and Notices are provided to Members purely for the purposes of information. We have not taken any steps to verify the accuracy of the information provided and, accordingly, Members must obtain their own independent professional advice as to its content and effect. We cannot accept any liability, howsoever arising, for any loss or damage which may be caused by any reliance on any information contained in a Gafta Circular or Notice.