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ESSEA Quick Take

Palm Oil and "Regulatory Imperialism": Indonesia and Malaysia Push Back Against EU Deforestation Law


palm oil plantation
A vast palm oil plantation stretches across a deforested landscape, highlighting the environmental impact of palm oil production on Southeast Asia's rainforests.

In a move that has garnered praise from Indonesia and Malaysia, the European Commission has proposed a one-year delay in enforcing its EU Deforestation-free Regulation (EUDR). This law, aimed at curbing deforestation by banning imports of commodities linked to forest degradation, has been a significant point of contention, particularly among major palm oil producers.


Initially set to take effect on December 30, 2024, the regulation requires companies importing goods such as palm oil, coffee, cocoa, and rubber into the European Union to ensure that these products do not originate from recently deforested land. This regulation has faced pushback from Indonesia and Malaysia, the world’s two largest producers of palm oil, who argue that it unfairly penalizes their industries and would disproportionately harm small farmers.


Intense Lobbying by Palm Oil Producers from Indonesia and Malaysia


Both nations have been vocal in their opposition to the EUDR since its announcement, joining forces to lobby against its implementation. Indonesia's Coordinating Minister for Economic Affairs, Airlangga Hartarto, has been particularly critical of the regulation, labeling it as a form of “regulatory imperialism.” Similarly, a senior Malaysian trade official had even suggested halting palm oil exports to the EU if the regulation were enforced on the original timeline.


The proposed delay is seen as a temporary win for these countries. In a statement, Malaysia’s Palm Oil Council hailed the decision as a “victory for common sense,” noting that they had consistently argued that the EU’s systems were not ready for implementation. Indonesia's palm oil association, GAPKI, also expressed satisfaction with the delay, with its chairman, Eddy Martono, stating that they would continue advocating against what they view as overly burdensome regulations.


Concerns About Long-Term Impacts by Palm Oil Lobby and EU


While the delay offers some breathing room, both Indonesia and Malaysia remain concerned about the broader implications of the EUDR. Airlangga Hartarto, in particular, has voiced his disapproval of the EU's "country benchmarking" system, which would classify countries based on their risk of deforestation. Hartarto has argued that this approach undermines national sovereignty, stating, “The EU has no right to act as a rating agency.”


Despite this temporary reprieve, environmental groups have criticized the proposed delay, warning that it could set back global efforts to combat deforestation. According to former EU Environment Commissioner Virginijus Sinkevičius, the delay could put large tracts of forest at risk and damage the EU’s credibility on climate commitments.


Future Compliance and Challenges


Under the revised timeline, large companies will have until December 30, 2025, to comply with the regulation, while smaller enterprises will have until June 2026. In the meantime, the EU will continue developing guidance to ensure uniform interpretation and implementation of the law across member states. The European Commission has also committed to presenting a strategic framework for international cooperation on deforestation, including support for smallholders and human rights-centered approaches.


The delay offers a window of opportunity for further dialogue between the EU and affected countries. However, with palm oil production deeply embedded in the economies of Indonesia and Malaysia, it remains to be seen how both nations will navigate the evolving regulatory landscape while balancing environmental concerns and economic interests.


For now, the proposed delay marks a significant diplomatic victory for Indonesia and Malaysia, but the long-term challenges posed by the EUDR still loom large over their palm oil industries.


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