The first time that the European Union Deforestation Regulation (EUDR) was delayed was now 18 months ago.
Since then, it has been set back by another year, and has been the subject of numerous debates, wrangles, unpleasantries and even interest from the US.
For many, it seemed that the EUDR would eventually be simplified so much that very little would be left of the anti-deforestation regulation.
Yet the EU’s recent simplification package did not go as far as it could have done. Despite the significant easing of due diligence requirements for downstream operators, the regulation retains its force.
‘Negligible risk’ avoided despite pressure from ministers
The possible implementation of the ‘negligible risk’ category was always hanging over the EUDR proceedings. The category, which would be added alongside the current ‘low’, ‘medium’ and ‘high risk’ categories, would significantly reduce the regulatory burden.
The addition was popular – around two-thirds of EU agriculture ministers supported its inclusion, and the European Parliament even voted in favour of it last year.
So the fact that it was not included as part of the current simplification measures suggests that the EU’s commitment to sustainability remains strong.
The addition would have cut regulatory requirements for ‘negligible risk’ countries even further, reducing oversight and increasing the risk of non-compliant products getting into the EU.
While there is debate as to how much, there is no doubt that such a category would have weakened the environmental law.
The fact that it is now off the table is a victory for sustainability, suggesting that the regulation is not about to be simplified into oblivion, but that regulators are still focused on the ultimate goal of reducing deforestation.
Scope is expanded
While one commodity – leather – has been excluded from the EUDR, provoking expected backlash from environmental groups, the far more salient fact for the food sector is that the EUDR’s scope has been expanded elsewhere.
Soluble coffee – more commonly known as instant coffee – has been added to the scope of the regulation after being initially excluded for “unknown reasons”.
Rather than narrowing the scope of the regulation, the simplification has instead ensured that previous oversights are dealt with.
This is another signal that the EU is taking the regulation seriously. Instead of attempting to loosen it to the point where all of its joints will come undone, it is ensuring that the regulation is fit for purpose.
The EUDR retains its purpose
In recent years, the EU has been aiming to simplify and streamline regulation. In the wake of the Draghi report on competitiveness, the bloc has become far more aware of the potential pitfalls of stringent regulations.
This has meant that several sustainability measures have been simplified.
As the disputes over what shape the EUDR would eventually take raged on, many feared that the EU’s simplification agenda would mean that the EUDR’s robust safeguards against deforestation would be carved away and reshaped until it was a pale shadow of its former self.
This simplification, which refuses to substantially weaken itself through adding another risk category, and actually expands scope when it comes to food products, puts some of these fears to bed.
