EU Deforestation Regulation Largely 'Gutted' After Initial Fanfare
Widely celebrated as a groundbreaking law that would combat the global scourge of forest loss.
But, the revised version of the European Union's anti-deforestation law, previously touted as the flagship policy of the European Green Deal, has been passed in a significantly diluted state, leading to alarm from its original architect and green lawmakers.
"The regulation was stripped," said Hugo Schally, citing the exclusion of key obligations for downstream traders to check the provenance of products like palm oil, soy, wood, beef, rubber, cocoa and coffee.
Schally cautioned that a reduced number of responsible companies, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.
A Watered-Down Law
Green party MEP Marie Toussaint went further, labeling the postponements, exceptions and new loopholes – such as one for printed products – as the "systematic weakening" of the law.
This final text is a far cry from the demands of over 1.2 million European citizens who supported an initiative in 2020 calling for a ban on deforestation-linked products.
At its launch in 2021, the EU's climate chief Frans Timmermans called it "the toughest law proposed to combat forest loss."
A Story of Dilution
The regulation's dilution is seen by critics as the EU walking back its environmental promises. It faced significant delays, reportedly over technical problems, which drew condemnation.
"By revisiting the legislation instead of solving a technical issue, authorities invited political interference," commented the Green MEP.
In its first draft, the law required companies to trace commodities to their exact plot of land using GPS coordinates, making them liable for forest loss along their supply lines with penalties and large financial penalties.
"It wasn't bureaucracy for its own sake," Schally explained. "These rules were the tool that made the rules enforceable, established traceability, and stopped companies from hiding behind complex supply chains."
Mounting Pressure
Yet, the rigorous checks provoked opposition in Brussels from large companies, producer countries, rightwing parties and EU logging states.
Analysts point to last year's EU elections as a turning point, shifting the balance of power less favorable toward environmental rules.
"The other pressure came from big trading partners outside the EU," said expert Andreas Rasche, suggesting the commission gave in to some demands in trade talks.
The Weakened Final Text
In the final legislation features several critical weakenings:
- Retailers and traders were largely freed from conducting rigorous checks.
- A new exemption for small operators was created.
- A option for more reductions was established for next spring.
- Only four countries – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.
"Instead of tightening downstream obligations, it rolled them back," said the law's author. "Moving obligations to producers, it reduced accountability."
Business Frustration
The delays and changes have also caused frustration for companies that prepared in advance.
"We feel very annoyed because we put a lot of effort into complying," said Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it could be altered again. It’s a major letdown."
Official Defense
A commission spokesperson supported the final law, saying: "The commission has responded to concerns and taken action to ensure a pragmatic and balanced application."
"The revised regulation ensures stability, which is crucial for companies and competent authorities to effectively enforce this vitally important law."