Next Steps in the Regulatory Process The pressing question now is how von der Leyen intends to navigate the complexities of enforcing the regulation, which officially came into effect in June 2023, with the current phase being one of transition. A potential strategy might involve proposing a delay in enforcement prior to the anticipated confirmation of Environment Commissioner-designate Jessika Roswall, whose hearing is scheduled for late October.
One avenue available to von der Leyen is to introduce a revised deforestation regulation that would extend the compliance deadline, currently set for December 30, 2024, with an additional grace period until June 30, 2025, for micro and small businesses.
However, it is important to note that any new regulation will need to navigate the lengthy legislative process, which involves approval from both the Council and the European Parliament following extensive negotiations. This could extend the timeline by months, if not years.
Alternatively, von der Leyen could choose to expedite the necessary amendments through an urgent procedure, bypassing the usual committee-level scrutiny and sending the proposal directly to a parliamentary plenary. This fast-tracked approach was previously employed to amend Common Agricultural Policy (CAP) requirements for farmers earlier this year.
Herbert Dorfmann, MEP and EPP’s Spokesperson for Agriculture, indicated in a conversation with Euractiv that a proposal could emerge in the coming days. “The president met with the EPP group and stated she would propose either a postponement or another temporary solution within days,” Dorfmann remarked, underscoring that revisiting and revising the regulation should also be on the table. “Given the current situation, the entry into force is impossible,” he added.
The Implications of the Regulation The regulation at hand seeks to ensure that products entering the EU, including cocoa, livestock, coffee, and soy, are not sourced from deforested lands. It mandates that companies supply geolocation data to substantiate compliance.
Von der Leyen’s remarks during the EPP meeting may clarify the surge of correspondence received by the Commission on September 19 concerning the EU Deforestation Regulation (EUDR).
The Socialist group has reiterated its backing for the current implementation schedule, while the Greens/EFA group sent a letter to von der Leyen, echoing similar sentiments. Renew MEPs Pascal Canfin and Marie-Pierre Vedrenne have also communicated with Green Deal Chief Maroš Šefčovič, reinforcing calls for the immediate release of long-awaited guidelines and FAQs essential for companies to complete their compliance preparations. The Commission has committed to publishing these documents in March 2024, alongside a benchmarking system to assess countries based on deforestation risk, but neither has materialized.
Canfin cautioned that delaying the EUDR could set a precarious precedent, potentially opening “a Pandora’s box” that might impede other Green Deal initiatives. He described such a move as “devastating” for the EU’s global standing and credibility.
Emphasizing the urgency for action, Canfin noted the importance of releasing the overdue guidelines, which are critical for enabling companies to commence their compliance preparations. “These guidelines have been ready for months but have been blocked by Ursula von der Leyen,” he asserted.