What is the 'Negligible Risk' Category?
The European Commission’s proposal for the European Union Deforestation Regulation (EUDR) introduces a new risk tiering system that includes 'negligible' or 'very low' risk countries. Commodities originating from, or transiting through, these designated countries could be:
- Exempt from key due diligence checks, including plot-level GPS data and supply chain mapping
- Subject to reduced enforcement scrutiny, even for high-risk commodities like cocoa
- Cleared for EU import without full traceability or deforestation risk assessment
While the European Commission argues the measure will reduce bureaucracy and compliance costs for companies, critics warn it could fatally undermine the regulation’s integrity.
CocoaRadar sources in the sustainability certification space describe the proposed risk-based tiering system as “a gift to bad actors” and a threat to market integrity.
Who Is Pushing Back?
EarthSight, Forest Trends, and WWF have all sharply criticised this proposal, warning that it could “gut the EUDR before it even begins.”
Several EU Parliament members have also expressed concern that the Commission is overstepping its mandate by rewriting key pillars of the regulation without parliamentary oversight.
“This creates an incentive to reroute cocoa and other deforestation-linked products through countries with lower regulatory burdens. It’s a recipe for regulatory laundering,” one Brussels-based environmental policy expert told CocoaRadar.
Stientje van Veldhoven, Vice-President and Regional Director for Europe, World Resources Institute, said: “Renewed attempts to weaken and delay the EUDR are deeply concerning and could jeopardise global efforts to combat record-breaking forest loss. The latest data shows that in 2024 alone, the world lost 6.7 million hectares of tropical primary rainforest, an area nearly the size of the Republic of Ireland.
“The proposed 'no-risk' country category would erode the foundations of the EUDR’s due diligence system, which is central to the law’s credibility and impact. “
He said WRI’s analysis from November 2024 shows that the proposed 'no-risk' country category would erode the foundations of the EUDR’s due diligence system, which is central to the law’s credibility and impact, and could open up major loopholes, making the regulation much less effective.
Other Key Proposed Amendments
The 'negligible risk' classification is part of a broader package of proposed revisions:
- Reuse of due diligence statements: Allowing annual, rather than shipment-specific filings.
- 'No-risk' country status: An even lighter-touch category under which no due diligence at all is required.
- Delayed or staggered implementation: Several Member States, including Austria, Italy, and Luxembourg, have urged postponement of enforcement, citing competitiveness and administrative burdens.
What’s Next?
- Trilogue negotiations: The European Parliament and Council will now deliberate over the proposed amendments.
- Guidance & delegated acts: The Commission is expected to release more technical documentation over the summer.
- Enforcement deadline: The EUDR is still officially scheduled for full implementation on 30 December, 2025.
“Implementation must be made practical and inclusive, but rolling back on core safeguards risks undermining trust in both the EU legislative process and Europe’s commitment to forest protection," said Veldhoven.
The European Commission, the European Parliament and Member States should stay the course and deliver the EUDR as planned, in collaboration with producers, businesses and countries.”
CocoaRadar view
While marketed as a simplification, the proposed 'negligible risk' category may fundamentally weaken the EU’s efforts to decouple commodity imports from deforestation. If adopted, these changes could render the EUDR a symbolic gesture rather than a substantive shift in global supply chain accountability.
The coming months will be decisive—not just for cocoa, but for the credibility of Europe’s green agenda.
Anthony Myers