EU Deforestation Regulation Effectively 'Gutted' After High Hopes
Widely celebrated as a landmark law that would combat the global crisis of forest loss.
But, the final version of the European Union's anti-deforestation law, once touted as the crown jewel of the Green Deal, has been passed in a severely weakened state, leading to criticism from its original architect and environmental politicians.
"The regulation was stripped," stated the law's original author, pointing to the removal of crucial requirements for later-stage companies to verify the origin of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that a reduced number of responsible companies, less information collected, and imprecise sourcing details would make enforcement and prosecution more difficult.
Political Dismantling
Environmental vice-president Marie Toussaint was more blunt, labeling the delays, loopholes and exemptions – including one for paper goods – as the "political dismantling" of the law.
This outcome is a far cry from the hopes of more than a million European citizens who signed a petition in 2020 demanding a ban on deforestation-linked products.
When launched in 2021, the EU's climate chief the European commissioner trumpeted it as "the most ambitious legislation proposed to combat forest loss."
A Story of Dilution
The law's unravelling has been interpreted as the EU walking back its environmental promises. The proposal encountered significant delays, ostensibly over IT issues, 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 track commodities back to their specific geographic origin using geolocation data, making them liable for deforestation in their supply chains with criminal charges and large financial penalties.
"It wasn't bureaucracy for its own sake," Schally said. "It was the mechanism that ensured enforcement, created a verifiable paper trail, and prevented firms from obscuring their activities behind opaque production networks."
Intense Lobbying
Yet, the strict due diligence triggered a backlash in the EU capital from multinational corporations, producer countries, conservative political groups and member states with forestry industries.
Experts cite last year's EU elections as a turning point, creating a new political majority less favorable toward environmental rules.
"The other pressure has come from major export markets outside the EU," noted expert Andreas Rasche, suggesting the commission gave in to some demands in trade talks.
Key Loopholes Introduced
In the final legislation includes key dilutions:
- Downstream operators were largely freed from submitting due diligence statements.
- A new exemption for small operators was created.
- A window for further "simplifications" was established for next spring.
- Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.
"Rather than strengthening downstream obligations, it rolled them back," said Schally. "Moving obligations upstream, it lessened the number of responsible firms."
Business Frustration
The delays and changes have also created annoyance for companies that prepared in advance.
"It is very frustrating because we invested significant resources into preparing," said Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it may be changed. It’s a major letdown."
Official Defense
A commission spokesperson defended the outcome, saying: "The commission has responded to feedback and taken action to ensure a simple, fair and cost-efficient implementation."
"The new text provides for predictability, which is key for business and national regulators to successfully implement this vitally important law."