The Romanian Senate has issued an opinion questioning whether a proposed amendment to the EU Deforestation Regulation (Regulation (EU) 2023/1115) complies with the principles of subsidiarity and proportionality. The opinion, submitted to the Council on 1 August 2026, argues that national measures could achieve the same environmental objectives without the disproportionate administrative burdens that EU-level action would impose.
The cover note, originating from the Romanian Senate and addressed to the Council, forms part of the legislative scrutiny process under Protocol No. 2 of the Treaties, which allows national parliaments to assess draft EU legislation for subsidiarity breaches. The amendment in question seeks to modify certain obligations under the EU Deforestation Regulation, which aims to minimise the EU's contribution to deforestation and forest degradation by regulating imports of commodities like palm oil, soy, and timber.
Subsidiarity and Proportionality Concerns
Romania's opinion argues that the proposed amendment may exceed what is necessary to achieve the regulation's goals. The Senate contends that national authorities are better placed to tailor compliance measures to local contexts, particularly regarding traceability and enforcement. It also warns that additional EU-level obligations could impose disproportionate costs on small and medium-sized enterprises (SMEs) without clear environmental gains. This reflects a broader tension between EU-wide harmonisation and national sovereignty in environmental policy.
Impact on Stakeholders
- EU regulatory bodies: The opinion could slow the legislative process, as the Commission must respond to subsidiarity objections. If a sufficient number of national parliaments agree, the proposal may need to be reviewed or withdrawn. - National authorities of EU countries: A successful subsidiarity challenge would preserve greater flexibility for member states to design their own enforcement mechanisms, potentially reducing administrative burdens. - EU producers and traders: SMEs in the agri-food sector would benefit from lower compliance costs if obligations are scaled back, but may face a patchwork of national rules, complicating cross-border trade. - Environmental NGOs: A weaker EU framework could undermine the regulation's effectiveness, as inconsistent national approaches might create loopholes for deforestation-linked imports.
Next Steps
The Council will now consider the Romanian Senate's opinion alongside other national parliament submissions. The Commission must provide a reasoned response if at least one-third of member state parliaments object on subsidiarity grounds. The European Parliament will also weigh in during the ordinary legislative procedure. The outcome will determine whether the amendment proceeds as proposed or is revised to address proportionality concerns.
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