EU Deforestation Regulation Effectively 'Watered Down' After Initial Fanfare
It was a groundbreaking piece of legislation that would help stop the worldwide scourge of forest loss.
But, the revised version of the European Union's anti-deforestation law, once touted as the crown jewel of the European Green Deal, has been passed in a significantly diluted state, prompting criticism from its initial author and green lawmakers.
"The regulation was stripped," said the law's original author, citing the exclusion of key obligations for downstream traders to check the provenance of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that fewer obligated actors, less information collected, and imprecise sourcing details would complicate the task of authorities.
Political Dismantling
Environmental vice-president Marie Toussaint was more blunt, labeling the delays, loopholes and exemptions – including one for printed products – as the "systematic weakening" of the law.
This final text stands in stark contrast to the hopes of more than a million EU citizens who signed a petition in 2020 calling for a prohibition of goods linked to forest destruction.
When launched in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the most ambitious legislation proposed to fight deforestation."
From Ambition to Compromise
The regulation's dilution is seen by critics as the EU walking back its green talk. It faced significant delays, ostensibly over technical problems, which drew condemnation.
"By reopening this file instead of solving a simple IT problem, authorities invited political interference," remarked Toussaint.
Originally, the law mandated that firms to track goods back to their specific geographic origin using geolocation data, making them liable for forest loss along their supply lines with penalties and hefty fines.
"It wasn't bureaucracy for its own sake," Schally said. "These rules were the tool that made the rules enforceable, established traceability, and prevented firms from obscuring their activities behind complex supply chains."
Intense Lobbying
However, the strict due diligence triggered a backlash in Brussels from multinational corporations, exporting nations, rightwing parties and member states with forestry industries.
Experts cite last year's EU elections as a decisive moment, shifting the balance of power more skeptical of green regulations.
"The other pressure came from big trading partners like the United States," noted expert Andreas Rasche, implying the EU yielded to some demands in trade talks.
The Weakened Final Text
In the final legislation features several critical weakenings:
- Downstream operators were largely freed from submitting due diligence statements.
- A new “low risk” category was introduced.
- 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," said the law's author. "By shifting responsibilities to producers, it lessened the number of responsible firms."
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 purchased systems, trained staff and established procedures... 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 new text provides for predictability, which is crucial for companies and national regulators to effectively enforce this very important regulation."