Deforestation Regulation: EU Proposed Technical Clarifications to EUDR

Regulation (EU) 2023/1115 lays down rules aiming to minimize the Union’s contribution to deforestation and forest degradation. It does so by imposing due diligence obligations on operators and traders placing on, making available on, or exporting from the Union market relevant commodities and products listed in Annex I to that Regulation.

On April 15, 2025, the European Commission released a proposed Delegated Regulation to amend Annex I of the EU Deforestation Regulation (EUDR). The amendment introduces targeted technical clarifications designed to ensure legal certainty for operators and competent authorities and to prevent unnecessary compliance burdens.

The key revisions proposed in the draft are as follows:

• For broad categories like Palm Oil and Rubber, the proposal adds the "ex" prefix to certain product codes. This clarifies that the EUDR applies only when a product is manufactured using a relevant commodity, preventing the regulation from unintentionally covering goods made from other materials.
• The text explicitly excludes waste, second-hand goods, and used products from the regulation’s scope to avoid discouraging circular and resource-efficient practices.
• The draft also specifies that test samples, packaging materials used to carry another product, and accessory items like user manuals are not covered by the EUDR unless they are placed on the market independently.

These targeted fixes are intended to ensure a more straightforward application of the regulation, prevent disruptions at EU borders, and reduce administrative costs. The proposal is currently subject to a stakeholder consultation and a public feedback period before its final adoption.