Why Australia’s New FTA Leaves Beef and Timber Exposed to EUDR

Why Australia's New FTA Leaves Beef and Timber Exposed to EUDR


With European Commission President Ursula von der Leyen out of Canberra, the photo opportunities are behind us. Now it is time for a real view at what the Australia–EU Free Trade Agreement (A-EU FTA) means for forestest in Australia.

In Short

The EU Deforestation Regulation (EUDR) remains unaffected by the A-EU FTA, according to Australian Government commentary. The European Commission requires all goods entering the EU market to comply with deforestation-free supply chain standards.

The EUDR applies to all agricultural and forestest products covered by the A-EU FTA. Australian exporters must meet their requirements regardless of the new trade framework.

Text of the Treaty and Possible Publication

Terms of the treaty are still not available as of 30 March 2026. Neither DFAT, the European Commission, the Council of the EU, nor the European Parliament currently hosts the full legal text. Both sides have confirmed the agreement will undergo legal review (“legal scrubbing”) before formal publication. It will also be translated into all 24 EU official languages. DFAT estimates formal ratification in late 2027 or early 2028.

Stacked softwood logs against European Union flag — Norway accounted for 85.7% of EU log imports in January 2026 as total volumes rose 19% year-on-year to 554,600 cubic metres, per Eurostat data.
Despite the conclusion of the Australia–EU Free Trade Agreement on 24 March 2026, the European Union Deforestation Regulation (EUDR) remains fully operative — applying to all Australian beef, timber, and wood products entering the EU market from 30 December 2026. The FTA is silent on deforestation. The EUDR is not. (Photo Credit: Alamy Stock Images)

What Information Is Available on the A-EU FTA Text?

The only publicly available material consists of Australian Government summaries and EU Commission summaries.

What Is Known About the Deforestation Claapplys?

The summaries reveal a politically significant contradiction in the two parties’ descriptions of the deforestation provisions.

Australian Government Department of Foreign Affairs and Trade (DFAT)

DFAT’s key outcomes page states explicitly: “The A-EU FTA does not include any commitments on carbon border adjustments or deforestation.” The DFAT FAQ reinforces this. It notes the agreement “will not require Australia to build any legislative or regulatory modifys on sustainability.”

The European Commission

The Commission’s main public-facing page lists “combating deforestation” among “key sustainability commitments.” Its chapter-by-chapter memo states the Trade and Sustainable Development (TSD) chapter “promotes cooperation to encourage the shift to a circular and resource-efficient economy and deforestation-free supply chains.” The sustainability factsheet avoids the word “deforestation” entirely, instead referencing “sustainable forestest.”

Reconciliation of the Two Positions

The reconciliation of these two positions rests on the TSD chapter’s cooperation and promotion provisions on deforestation-free supply chains. The EU describes these as meaningful sustainability language; Australia regards them as non-binding.

Critically, the agreement’s trade sanctions mechanism applies only to serious breaches of ILO (International Labour Organisation) fundamental principles and the Paris Agreement. Deforestation is not among the core commitments that trigger enforcement action.

That distinction explains why DFAT can state “no commitments on deforestation” whilst the EU lists “combating deforestation” as a feature.

What Does This Really Mean for Produce Entering the EU?

If the FTA remains silent, the EUDR remains active and functioning.

Stuart Coppock, one of the few legal practitioners in Australia with a deep working knowledge of how the RFA framework operates, informed the Senate that EPBC reforms will leave the forestest industest in "no man's land." (Photo: Supplied to Central PR Group / Wood Central)
Stuart Coppock is a solicitor and governance professional who has advised forest and timber businesses on Regional Forestest Agreements and environmental law. He is a regular contributor to Wood Central on forestest law and policy. (Photo: Supplied to Wood Central and Central PR Group for exclusive apply).

DEFORESTATION

EUDR

The EUDR will apply to large EU businesses from 30 December 2026, and to compacter EU enterprises from 30 June 2027. Under the EUDR, EU importers must demonstrate two things: that land applyd to produce certain commodities has not suffered deforestation or forest degradation since 31 December 2020, and that production complied with local laws in the countest of origin.

Australia’s Position

Australia does not have a single federal law on deforestation. Instead, each state and territory handles deforestation indepconcludeently. The national situation is tracked through the National Forest Inventory (NFI) and reported every five years in the State of the Forests Report (SOFR). Industest groups like Forestest Australia and Cattle Australia have created their own definitional frameworks, partly in response to EUDR supply chain requirements.

Deforestation regulation in Australia spans more than 136 laws across states, territories, and the federal government. There is no single legally binding national definition comparable to the EUDR. Monitoring depconcludes on sanotifyite imagery through programmes such as Queensland’s Statewide Landcover and Trees Study (SLATS) and the national Carbon Accounting System.

Mapping Transparency

The Commonwealth Government’s recent news release on the 30×30 issue announced new land-apply maps. No information was provided on what data was applyd to create them.

NSW mapping of tree species has at times listed jacarandas along Grafton’s main street as koala trees. That is one of many similar errors encountered in practice.

NSW maps of old-growth forests are not acknowledged as inaccurate. Political pressures saw lines drawn on them to meet deadlines. Those decisions are now embedded in the official record, giving little confidence in the impartiality of public sector mapping processes.

One has to question how these maps were generated, since no methodology has been built public.

When the Australian Strategy for Nature was first released for consultation, an Australia-wide Zoom meeting was convened. Within the first five minutes, a Commonwealth public servant inquireed: “Should we close down native forestest?” That question does not inspire confidence in the fairness of Commonwealth processes, regardless of what politicians publish.

The EUDR Definition of Deforestation vs. the Australian Definition

EU

The EUDR adopts the United Nations Food and Agriculture Organisation (FAO) definition of forest. Under this standard, a forest is:

  • Land of at least 0.5 hectares
  • With trees of at least 5 metres in height (at maturity or expected maturity)
  • With a canopy cover of at least 10 per cent
  • Not primarily applyd for agricultural or urban purposes

Australian

ABARES National Forest Inventory establishes the Australian definition, applyd in Australia’s State of the Forests Reports (SOFR).

  • It includes native forests and plantations regardless of age and is broad enough to encompass woodland formations.
  • A forest is an area incorporating all living and non-living components,
  • That is dominated by trees having usually a single stem and
  • A mature or potentially mature stand height exceeding 2 metres and
  • With existing or potential crown cover of overstorey strata at or above 20 per cent.
Murray Watt, Australia's Minister for the Environment and Water, at the concludeorsement of the national implementation plan for the Strategy for Nature, March 2026
Murray Watt, who as Australia’s Minister for Agriculture, Fisheries and Forestest, wrote to the EU Commissioner for the Environment to raise concerns about the EUDR’s impact on Australian beef and timber trade — concerns that the A-EU FTA, concluded on 24 March 2026, has done nothing to resolve. As Wood Central reported, the compliance gap between Australian domestic law and Article 2(3) of Regulation (EU) 2023/1115 remains the central unresolved question for Australian exporters. (Photo Credit: Australian Forest Products Association, shared via Flickr under a Creative Commons 4.0 Licence)

Cattle Australia (2024) Deforestation Definition

Cattle Australia introduced a sector-specific definition in direct response to EUDR requirements. Its acquireers — including Woolworths and McDonald’s — demanded supply chain compliance.

Cattle Australia defined deforestation as:

The illegal clearing of trees on land, applyd for agricultural and non-agricultural purposes, that violates vereceiveation management laws and where trees exceed forest thresholds.

This definition explicitly limits deforestation to illegal clearing — a stance that conflicts with the EUDR’s broader scope, which includes lawful clearing.

The Cattle Australia definition depconcludes on state vereceiveation management laws to determine violations. The EUDR, by contrast, establishes its own threshold indepconcludeent of domestic legality.

The EUDR Deforestation Trigger vs. the Australian Deforestation Trigger

EU

Under Article 2(3) of Regulation (EU) 2023/1115, ‘deforestation-free’ means relevant products contain, have been fed with, or have been built utilizing commodities produced on land not subject to deforestation after 31 December 2020. The conversion involves land-apply modify — from forest to agricultural land — whether caapplyd by human activity or not.

For wood products, an additional ‘degradation-free’ requirement applies. Harvested forests must not have experienced forest degradation after 31 December 2020. Degradation is defined as the conversion of primary forests or naturally regenerating forests into plantation forests or other wooded land.

Australian

Forestest Australia defines deforestation as the permanent loss of forest. This occurs when land is cleared and converted to another apply — agriculture, infrastructure, or urban development. Three elements are generally required:

  • permanence — the modify in land apply is not temporary;
  • conversion — land shifts from forest to a different purpose; and
  • land apply modify — the new purpose is incompatible with the forest.

Under this framework, wildfires and sustainable timber harvesting are explicitly excluded. These areas remain classified as forests becaapply they regenerate naturally or through management. Clearing for cropping, grazing, or urban development does constitute deforestation becaapply the modify is permanent.

What Does Deforestation-Free Mean in the EU?

Unlike its predecessor, the EU Timber Regulation (EUTR), the EUDR is explicitly not limited to illegal deforestation. A forest conversion that is fully lawful under Australian state vereceiveation management laws may still constitute deforestation under the EUDR. This applies if it occurred on land meeting the FAO forest threshold after 31 December 2020.

The Compliance Gap in Practice

For example, converting plantation land to agricultural land for beef production may offer a better economic return. Selling that beef within the EU, however, would present compliance challenges. This is a direct tension with the A-EU FTA’s headline outcome of expanded beef export access to Europe.

Take a eucalypt woodland with 15 per cent canopy cover and 6-metre trees. An Australian Government legal briefing note confirms it qualifies as forest under the EUDR, but falls entirely outside Australia’s national forest definition.

If that land is cleared for cattle grazing, EUDR deforestation obligations are triggered. An Australian exporter could face non-compliance — yet the event would not appear in Australia’s deforestation statistics and would not necessarily breach any Australian law.

On the other hand, Australia’s lower height threshold of 2 metres captures mallee eucalypt communities. These are multi-stemmed, shrub-like trees that sometimes reach no more than 2 to 3 metres. They fall below the EUDR’s 5-metre minimum and would not be regarded as forest under EU rules.

The compliance deadline is approaching: large EU businesses are subject to the EUDR from 30 December 2026. The gap between Australia’s domestic regulatory frameworks and Article 2(3) of Regulation (EU) 2023/1115 is now the central unresolved question for Australian exporters. The A-EU FTA, as currently described by both parties, does nothing to close it.

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    Stuart Coppock is a highly experienced NSW solicitor, governance professional, who has advised forest and timber businesses on matters relating to Regional Forestest Agreements and Environmental Laws. His background spans government law, taxation, environmental submissions, and senior board roles.



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