EU: Deforestation – proposal to amend and simplify the rules and make technical fixes to Annex I 

 

The EU Commission has informed about the adoption of a proposal to amend and simplify the rules and make technical fixes to Annex I of the EU Deforestation Regulation, which contains the official list of commodities and derived products that fall under the scope of EUDR. 

Background of the measure: 

Under Article 3 of Regulation (EU) 2023/1115 on deforestation-free products (EUDR), relevant commodities and products may only be placed on, made available on, or exported from the EU market if they meet three conditions: (a) they are deforestation-free; (b) they have been produced in accordance with the relevant legislation of the country of production; and (c) they are covered by a due diligence statement.

Article 2(1) defines the relevant commodities as cattle, cocoa, coffee, oil palm, rubber, soya, and wood. Article 2(2) defines relevant products as those listed in Annex I that contain, have been fed with, or have been made using these commodities. Before placing relevant products on the EU market, making them available, or exporting them, operators and traders must comply with the due diligence obligations set out in Articles 4 and 5 of the Regulation.

Article 34(1) empowers the European Commission to adopt delegated acts amending Annex I by updating the Combined Nomenclature (CN) codes for relevant products containing, fed with, or produced from relevant commodities.

The impact assessment supporting the original EUDR proposal identified the commodities responsible for the greatest share of the EU’s embodied deforestation. The selection of derived products was primarily based on trade volumes, using international trade databases, while the existing scope of the EU Timber Regulation (Regulation (EU) No 995/2010) served as the basis for wood products. The assessment also recommended further analysis to identify additional products that could maximise deforestation coverage while minimising regulatory costs.

In April 2025, the Commission published a draft Delegated Regulation for a four-week public consultation. The proposal did not expand the EUDR product scope but introduced targeted technical amendments for specific product categories, including samples, products used for analysis, examination or testing, and waste. The consultation ran from 15 April to 13 May 2025. In parallel, the Commission consulted the Member States Expert Group and the Multistakeholder Platform on Protecting and Restoring the World’s Forests, including experts on the EU Timber Regulation and the Forest Law Enforcement, Governance and Trade (FLEGT) Regulation.

The proposed technical amendments received broad support during both the public consultation and Member State consultations. However, around 40% of respondents—including industry associations, businesses, and private citizens—also recommended expanding or narrowing the list of derived products covered by the EUDR.

Taking this feedback into account, the Commission has amended Annex I of Regulation (EU) 2023/1115 based on environmental, trade, and economic evidence. The amendments also address the risk that downstream products derived from relevant commodities could enter the EU market without complying with the Regulation, potentially shifting deforestation risks and undermining the Regulation’s objectives.

The Delegated Regulation therefore introduces a limited number of targeted technical amendments to Annex I to clarify how the EUDR applies to specific products and product categories. These changes improve legal certainty, simplify implementation, and provide greater clarity for operators, traders, customs authorities, and competent authorities regarding which products fall within the Regulation’s scope. They are also intended to reduce unnecessary administrative burdens and avoid practical issues at the EU’s external borders.

The amendments reflect feedback received during the 2025 public consultation, as well as additional stakeholder submissions on the scope of Annex I. The analysis supporting the proposed changes is set out in the accompanying Staff Working Document published alongside this Delegated Regulation.