Legal validity risks of delaying or weakening the EU Deforestation Regulation

Lawmakers have a lot of discretion in designing new laws. But when it comes to rolling back essential environmental, climate and biodiversity protections, there are limits.

The EU Deforestation Regulation (EUDR) is designed to mitigate the EU’s contribution to global forest and biodiversity loss and climate change. It will start applying to the private sector on 30 December 2025.

Lawmakers have a lot of discretion in designing new laws. But when it comes to rolling back essential environmental, climate and biodiversity protections, there are limits

However, some EU governments are now calling to delay or weaken the EUDR. This would prevent the environmental benefits that the application of the EUDR is expected to provide and would prolong the EU’s impacts on forests, climate and biodiversity.

This briefing explains why, without clear policy justifications or consideration of the potential environmental and economic impacts, delaying or weakening the EUDR could violate legal obligations under the EU treaties, general principles of EU law, and international law on State climate obligations. Those violations could render the amendments invalid and vulnerable to legal challenge.