EU Deforestation Regulation Effectively 'Watered Down' Despite Initial Fanfare
It was a pioneering regulation that would help stop the global crisis of forest loss.
However, the revised version of the EU's anti-deforestation law, previously touted as the crown jewel of the Green Deal, has emerged in a severely weakened state, prompting criticism from its original architect and green lawmakers.
"The regulation was stripped," said the law's original author, pointing to the removal of crucial requirements for later-stage companies to verify the provenance of commodities like palm oil, soy, wood, beef, rubber, cocoa and coffee.
Schally cautioned that a reduced number of responsible companies, fewer data points, and less precise origin data would hinder monitoring and legal action.
Political Dismantling
Environmental vice-president a leading green politician went further, describing the postponements, exceptions and new loopholes – including one for paper goods – as the "political dismantling" of the law.
This final text stands in stark contrast to the demands of more than a million EU citizens who signed a petition in 2020 calling for a ban on goods linked to forest destruction.
At its launch in 2021, the EU's climate chief Frans Timmermans trumpeted it as "the most ambitious law ever put forward to fight deforestation."
A Story of Dilution
The law's unravelling is seen by critics as the EU walking back its green talk. The proposal encountered two major postponements, ostensibly over IT issues, which sparked criticism.
"By reopening this file instead of solving a simple IT problem, authorities invited political interference," remarked Toussaint.
Originally, the regulation mandated that firms to trace commodities to their exact plot of land using geolocation data, holding them accountable for forest loss along their supply lines with penalties and large financial penalties.
"It wasn't bureaucracy for its own sake," the former official explained. "These rules were the tool that made the rules enforceable, established traceability, and stopped companies from hiding behind complex supply chains."
Intense Lobbying
Yet, the strict due diligence provoked opposition in Brussels from large companies, exporting nations, rightwing parties and EU logging states.
Experts cite last year's EU elections as a turning point, shifting the balance of power less favorable toward green regulations.
"The other pressure came from major export markets outside the EU," noted expert Andreas Rasche, 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 submitting due diligence statements.
- A new exemption for small operators was introduced.
- A option for more reductions was opened for next spring.
- Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.
"Rather than strengthening downstream obligations, it rolled them back," said Schally. "Moving obligations upstream, it reduced accountability."
Uncertainty for Companies
The protracted process and revisions have also created annoyance for businesses that complied early.
"It is very frustrating because we invested significant resources into complying," stated Xavier Rombouts. "We purchased systems, trained staff and established procedures... now they’re saying it could be altered again. It’s a major letdown."
The Commission's Stance
An EU representative supported the final law, saying: "The commission has responded to concerns and acted to ensure a simple, fair and cost-efficient application."
"The new text ensures stability, which is crucial for companies and competent authorities to successfully implement this vitally important regulation."