EU Deforestation Regulation Effectively 'Gutted' Despite Initial Fanfare
Originally hailed as a pioneering piece of legislation that would combat the worldwide scourge of deforestation.
However, the revised version of the European Union's anti-deforestation law, previously touted as the crown jewel of the Green Deal, has emerged in a significantly diluted state, leading to criticism from its original architect and green lawmakers.
"The regulation was stripped," stated Hugo Schally, citing the removal of key obligations for downstream traders to verify the provenance of products like palm oil, soy, wood, beef, rubber, cocoa and coffee.
He warned that a reduced number of responsible companies, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.
Political Dismantling
Environmental vice-president Marie Toussaint went further, labeling the postponements, exceptions and new loopholes – including one for printed products – as the "political dismantling" of the law.
This final text stands in stark contrast to the hopes of over 1.2 million European citizens who supported an initiative in 2020 calling for a ban on goods linked to forest destruction.
When launched in 2021, then-Green Deal commissioner the European commissioner called it "the toughest law ever put forward to combat deforestation."
A Story of Dilution
The regulation's dilution has been interpreted as the EU walking back its green talk. The proposal encountered significant delays, ostensibly over technical problems, which drew condemnation.
"By revisiting the legislation rather than fixing a technical issue, the commission opened Pandora’s box," remarked Toussaint.
Originally, the regulation required companies to trace commodities to their specific geographic origin using GPS coordinates, making them liable for deforestation in their supply chains with penalties and large financial penalties.
"It wasn't bureaucracy for its own sake," the former official said. "These rules were the tool that made the rules enforceable, established traceability, and prevented firms from obscuring their activities behind opaque production networks."
Intense Lobbying
However, the rigorous checks triggered a backlash in the EU capital from large companies, producer countries, conservative political groups and member states with forestry industries.
Analysts point to last year's EU elections as a turning point, shifting the balance of power more skeptical of environmental rules.
"The other pressure came from big trading partners outside the EU," said expert Andreas Rasche, implying the EU yielded to some demands in trade talks.
The Weakened Final Text
The passed law features key dilutions:
- Downstream operators were largely freed from submitting due diligence statements.
- A new exemption for small operators was created.
- A option for more reductions was established for next spring.
- Only four countries – geopolitical adversaries of the EU – will face the strictest monitoring.
"Instead of tightening rules for companies, it stripped them back," lamented the law's author. "By shifting responsibilities to producers, it lessened the number of responsible firms."
Uncertainty for Companies
The protracted process and revisions have also created annoyance for companies that prepared in advance.
"We feel very annoyed because we invested significant resources into preparing," said a coffee company executive. "We invested in software, followed seminars and built a team... now they’re saying it may be changed. It’s a big frustration."
Official Defense
An EU representative defended the outcome, stating: "We have listened to feedback and taken action to ensure a simple, fair and cost-efficient implementation."
"The revised regulation ensures stability, which is crucial for companies and competent authorities to successfully implement this very important law."