EU Deforestation Regulation Largely 'Gutted' After Initial Fanfare
It was a groundbreaking law that would curb the global scourge of deforestation.
But, the revised version of the EU's deforestation regulation, previously touted as the flagship policy of the Green Deal, has emerged in a significantly diluted state, leading to criticism from its original architect and environmental politicians.
"It has been stripped," stated Hugo Schally, citing the exclusion of key obligations for downstream traders to verify the provenance of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.
He warned that fewer obligated actors, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.
A Watered-Down Law
Environmental vice-president Marie Toussaint was more blunt, describing the delays, loopholes and exemptions – including one for paper goods – as the "systematic weakening" 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 prohibition of deforestation-linked products.
When launched in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the most ambitious law ever put forward to combat forest loss."
From Ambition to Compromise
The law's unravelling is seen by critics as the European Union retreating from its environmental promises. The proposal encountered significant delays, ostensibly over IT issues, which drew condemnation.
"By reopening this file rather than fixing a technical issue, authorities invited political interference," commented Toussaint.
Originally, the law mandated that firms to trace goods to their exact plot of land using geolocation data, 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, created a verifiable paper trail, and stopped companies from hiding behind complex supply chains."
Intense Lobbying
However, the strict due diligence provoked opposition in Brussels from multinational corporations, producer countries, conservative political groups and member states with forestry industries.
Analysts point to last year's European Parliament elections as a decisive moment, creating a new political majority less favorable toward green regulations.
"Additional intense pressure came from major export markets like the United States," said expert Andreas Rasche, suggesting the EU yielded to some requests during negotiations.
Key Loopholes Introduced
In the final legislation includes several critical weakenings:
- Retailers and traders were mostly exempted from conducting rigorous checks.
- A new “low risk” category was created.
- 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.
"Instead of tightening rules for companies, it stripped them back," said Schally. "Moving obligations upstream, it reduced accountability."
Business Frustration
The delays and changes have also caused frustration for businesses that complied early.
"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 defended the outcome, saying: "The commission has responded 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."