European Union Anti-Deforestation Regulation Largely 'Gutted' Despite High Hopes
It was a pioneering law that would combat the worldwide scourge of deforestation.
However, the final version of the European Union's deforestation regulation, previously touted as the crown jewel of the European Green Deal, has been passed in a severely weakened state, leading to alarm from its initial author and environmental politicians.
"It has been hollowed out," stated the law's original author, pointing to the removal of crucial requirements for later-stage companies to verify the provenance of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.
He warned that a reduced number of responsible companies, 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 postponements, exceptions and new loopholes – such as one for paper goods – as the "political dismantling" of the law.
This final text stands in stark contrast to 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 the European commissioner called it "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 green talk. The proposal encountered significant delays, ostensibly over technical problems, which drew condemnation.
"By reopening this file instead of solving a technical issue, the commission opened Pandora’s box," remarked Toussaint.
In its first draft, the law mandated that firms to trace goods to their exact plot of land using GPS coordinates, holding them accountable for forest loss along their supply lines with criminal charges and hefty fines.
"This was not red tape for its own sake," Schally explained. "It was the mechanism that made the rules enforceable, established traceability, and prevented firms from obscuring their activities behind opaque production networks."
Mounting Pressure
Yet, the strict due diligence triggered a backlash in the EU capital from large companies, producer countries, rightwing parties and member states with forestry industries.
Analysts point to last year's European Parliament elections as a turning point, shifting the balance of power less favorable toward environmental rules.
"Additional intense pressure has come from major export markets outside the EU," noted expert Andreas Rasche, implying the EU yielded to some demands in trade talks.
Key Loopholes Introduced
In the final legislation includes key dilutions:
- Retailers and traders were largely freed from conducting rigorous checks.
- A new exemption for small operators was introduced.
- A window for further "simplifications" was opened for next spring.
- Only four countries – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.
"Instead of tightening downstream obligations, it rolled them back," said the law's author. "Moving obligations to producers, it reduced accountability."
Business Frustration
The protracted process and revisions have also caused frustration for businesses that complied early.
"It is very frustrating because we put a lot of effort into complying," said a coffee company executive. "We invested in software, followed seminars and built a team... now they’re saying it could be altered again. It’s a big frustration."
The Commission's Stance
A commission spokesperson supported the final law, stating: "The commission has responded to feedback and acted to ensure a simple, fair and cost-efficient application."
"The revised regulation provides for predictability, which is crucial for companies and national regulators to effectively enforce this vitally important law."