Nová legislativa EU v rámci boje s odlesňováním – návrh zjednodušení

The European Commission has presented a proposal to amend the current wording of the EUDR regulation. The reasons cited include primarily technical difficulties in launching the information system and high administrative burden on businesses. The proposal aims to facilitate a smooth launch of the technical infrastructure while simplifying the obligations of selected entities.

The Commission's proposal introduces a new type of entity, referred to as a downstream operator. This entity operates further down the supply chain and works with relevant products for which a due diligence statement has already been submitted by another entity higher up in the supply chain. According to the proposal, these downstream operators would not need to submit their own due diligence statements, and their obligations would align with those of traders.

The Commission's proposal also includes a postponement of the EUDR's entry into force for the smallest entities. While the regulation is planned to take effect for large and medium-sized enterprises on December 30, 2025, the entry into force for micro and small enterprises would be delayed by one year, to December 30, 2026. These businesses would also have the option to submit a simplified declaration under certain conditions.

The Commission also proposed a transitional period for enforcement. Member state authorities would begin conducting checks only from June 30, 2026, until which time they should focus more on providing methodological support and facilitating the transition to the new regime.

It is important to emphasize that the above-described adjustments are based solely on the proposal of the European Commission. Some member states and certain groups in the European Parliament advocate for an even broader range of simplifications. On the other hand, other actors within the EU and some businesses demand the retention of the current form of the regulation.

In simplified words, the EU Council has taken a position to maintain most of the Commission's proposals, but with the important addition of a general 12-month extension of entry into force for all categories of entities.

The European Parliament supported the Council's proposal, thus taking a positive stance on the simplifications proposed by the Commission, but additionally advocated for a general postponement of applicability. According to their joint position, the applicability of the EUDR for large and medium-sized enterprises would occur only on December 30, 2026, and for micro and small enterprises on June 30, 2027.

Furthermore, by the end of April 2026, there should be another evaluation of the regulation regarding possible simplifications.

However, this does not mean that the postponement is guaranteed. For any proposed changes to be implemented, all steps of the entire European legislative process must be completed in a timely manner before the rapidly approaching entry into force of the EUDR currently set at the end of this year. Therefore, it cannot be ruled out that the final timeline may still change.

It follows that the development of the EUDR currently fluctuates inconsistently between demands for maintaining an ambitious framework and pressure for extensive delays or simplifications. It is therefore uncertain whether at all and in what form the proposal will ultimately be adopted.

In the coming days and weeks, further proposals and comments from institutions and possible adjustments to the text of the EUDR can be expected. We continuously monitor the developments and will keep you informed.

Authors:

Dominik Záliš

Veronika Juhasová

Jan Turek