European Union Deforestation Regulation Largely 'Gutted' Despite High Hopes
Widely celebrated as a landmark law that would curb the global scourge of forest loss.
However, the revised version of the European Union's anti-deforestation law, previously heralded as the flagship policy of the European Green Deal, has emerged in a significantly diluted state, prompting criticism from its original architect and environmental politicians.
"The regulation was hollowed out," stated the law's original author, citing the removal of key obligations for downstream traders to check the provenance of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that fewer obligated actors, fewer data points, and imprecise sourcing details would complicate the task of authorities.
A Watered-Down Law
Green party MEP a leading green politician went further, describing the postponements, exceptions and new loopholes – including one for paper goods – as the "systematic weakening" of the law.
This final text is a far cry from the demands of more than a million EU citizens who supported an initiative in 2020 demanding a prohibition of deforestation-linked products.
At its launch in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the most ambitious law proposed to fight forest loss."
A Story of Dilution
The law's unravelling has been interpreted as the EU walking back its green talk. The proposal encountered significant delays, reportedly over IT issues, which drew condemnation.
"By revisiting the legislation instead of solving a technical issue, the commission opened Pandora’s box," remarked the Green MEP.
In its first draft, the law required companies to track commodities to their specific geographic origin using GPS coordinates, holding them accountable for deforestation in their supply chains with penalties and large financial penalties.
"It wasn't bureaucracy for its own sake," Schally said. "These rules were the tool that made the rules enforceable, established traceability, and stopped companies from hiding behind complex supply chains."
Intense Lobbying
However, the strict due diligence provoked opposition in Brussels from multinational corporations, exporting nations, rightwing parties and member states with forestry industries.
Experts cite last year's European Parliament elections as a turning point, shifting the balance of power more skeptical of green regulations.
"Additional intense pressure came from major export markets like the United States," said expert Andreas Rasche, implying the commission gave in to some requests during negotiations.
Key Loopholes Introduced
The passed law includes key dilutions:
- Downstream operators were mostly exempted from conducting rigorous checks.
- A new exemption for small operators was created.
- A window for further "simplifications" was opened for next spring.
- Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.
"Rather than strengthening rules for companies, it rolled them back," said Schally. "By shifting responsibilities to producers, it reduced accountability."
Business Frustration
The delays and changes have also caused frustration for businesses that complied early.
"We feel very annoyed 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 could be altered again. It’s a big frustration."
Official Defense
An EU representative defended the outcome, stating: "We have listened to concerns and acted to ensure a pragmatic and balanced implementation."
"The new text ensures stability, which is key for business and national regulators to effectively enforce this very important regulation."