EU Deforestation Regulation Largely 'Gutted' After High Hopes
Originally hailed as a pioneering piece of legislation that would combat the worldwide scourge of forest loss.
But, the revised version of the EU's anti-deforestation law, previously heralded as the flagship policy of the Green Deal, has been passed in a significantly diluted state, leading to criticism from its initial author and green lawmakers.
"It has been gutted," stated Hugo Schally, pointing to the exclusion of key obligations for downstream traders to check the provenance of commodities like palm oil, soy, wood, beef, rubber, cocoa and coffee.
He warned that fewer obligated actors, fewer data points, and imprecise sourcing details would make enforcement and prosecution more difficult.
Political Dismantling
Environmental MEP Marie Toussaint went further, describing the delays, loopholes and exemptions – including one for printed products – as the "political dismantling" of the law.
This outcome is a far cry from the hopes of more than a million EU citizens who supported an initiative in 2020 demanding a prohibition of goods linked to forest destruction.
When launched in 2021, the EU's climate chief Frans Timmermans trumpeted it as "the most ambitious law ever put forward to fight forest loss."
A Story of Dilution
The law's unravelling is seen by critics as the EU walking back its environmental promises. It faced two major postponements, ostensibly over technical problems, which sparked criticism.
"By reopening this file rather than fixing a technical issue, authorities invited political interference," commented Toussaint.
Originally, the regulation mandated that firms to trace commodities to their specific geographic origin using geolocation data, holding them accountable for forest loss along their supply lines with penalties and large financial penalties.
"This was not red tape for its own sake," Schally said. "It was the mechanism that made the rules enforceable, established traceability, and prevented firms from obscuring their activities behind opaque production networks."
Mounting Pressure
However, the strict due diligence provoked opposition in Brussels from multinational corporations, exporting nations, conservative political groups and EU logging states.
Experts cite last year's European Parliament elections as a turning point, shifting the balance of power less favorable toward environmental rules.
"The other pressure has come from big trading partners outside the EU," noted corporate sustainability professor, implying the EU yielded to some demands in trade talks.
The Weakened Final Text
In the final legislation includes key dilutions:
- Downstream operators were largely freed from conducting rigorous checks.
- A new “low risk” category was introduced.
- A option for more reductions was opened for next spring.
- Only a handful of nations – geopolitical adversaries of the EU – will face the strictest monitoring.
"Rather than strengthening rules for companies, it rolled them back," lamented Schally. "Moving obligations to producers, it reduced accountability."
Business Frustration
The protracted process and revisions have also caused frustration for companies that prepared in advance.
"It is very frustrating because we put a lot of effort into complying," said a coffee company executive. "We purchased systems, trained staff and established procedures... now they’re saying it may be changed. It’s a big frustration."
The Commission's Stance
A commission spokesperson supported the final law, saying: "The commission has responded to concerns and acted to ensure a pragmatic and balanced application."
"The revised regulation provides for predictability, which is crucial for companies and competent authorities to effectively enforce this vitally important law."