CocoaRadar view: Has the European Commission lost all credibility with its decision to delay the EUDR?
In a press statement released today, the Commission said that after receiving feedback from international partners about their state of preparations, it proposes to give concerned parties additional time to prepare.
“If approved by the European Parliament and the Council, it would make the law applicable on 30 December 2025 for large companies and 30 June 2026 for micro- and small enterprises. Since all the implementation tools are technically ready, the extra 12 months can serve as a phasing-in period to ensure proper and effective implementation.
COMMENT
Should the European Commission be reckless enough to hold a confidence vote on its handling of the implementation of the EUDR, it would not end well for the Brussels' mandarins.
“Given the EUDR's novel character, the swift calendar, and the variety of international stakeholders involved, the Commission considers that a 12-month additional time to phase in the system is a balanced solution to support operators around the world in securing a smooth implementation from the start.
State of preparedness
The Commission said it now recognises that three months ahead of the intended implementation date, several global partners have repeatedly expressed concerns about their state of preparedness, most recently during the United Nations General Assembly week in New York.
“Moreover, the state of preparations amongst stakeholders in Europe is also uneven. While many expect to be ready in time, thanks to intensive preparations, others have expressed concerns,” it said in the statement.
It has also reiterated its stance to provide certainty about the way forward and to ensure the success of the EUDR, which, it said, is paramount to address the EU's contribution to the pressing global issue of deforestation.
“The extension proposal in no way puts into question the objectives or the substance of the law, as agreed by the EU co-legislators.”
Anthony Myers
Almost 30 organizations, including the European Cocoa Association, politicians from EU countries, and governments, have called for a delay in the regulations.
The International Cocoa Organization (ICCO) also issued a declaration over the weekend, signed by many cocoa-producing countries. The declaration stated that the EU's implementation deadlines were "unrealistic in view of the requirements of the regulation," and called for the EC to delay the law.
A deplorable abdication of leadership
Antonie Fountain, managing Director and co-founder at VOICE Network (cocoa), had been urging the EC to remain steadfast and implement the regulations as planned. He told cocoaradar.com: “I'm very concerned about this. It sets a precedent to allow hands from the grave to reopen any regulations that the EU has or is still planning to roll out, not just for cocoa, but in general.
“However, with the publication today of the necessary guidance, the twelve months extra leaves no room for excuses to anyone.”
Luciana Téllez Chávez, senior environment and human rights researcher at HRW, said in an op-ed in Euronews: “ This is a deplorable abdication of leadership in the face of a climate emergency and Europe’s responsibility to do its part. The need for the deforestation law is as pressing as ever.”
Cacao and chocolate expert Marc Donaldson said: “What happens to all the contracts placed for EUDR-compliant cocoa beans, with an EUDR premium, which in no doubt will be charged by the suppliers? There are 100 of millions of dollars of value here. If the EUDR was postponed, it might not be paid by EU end users.”
Additional guidance documents published
CocoaRadar understands that critical areas covered include details on the Information System's functionalities, updates on penalties, and clarifications on critical definitions such as ‘forest degradation,' ‘operator' in the law's scope, and ‘placing on the market.' There is also further guidance on traceability obligations.
The guidance is divided into 11 chapters covering various issues such as legality requirements, application timeframe, agricultural use, and clarifications on the product scope. Tangible scenarios support all of these.
In addition, the EC has said it will publish a long-awaited new FAQ, which features over 40 new answers to address questions raised by a diverse range of stakeholders worldwide.
Member discussion