European Union Deforestation Regulation Largely 'Watered Down' After Initial Fanfare
It was a landmark law that would help stop the global scourge of forest loss.
But, the final version of the EU's anti-deforestation law, previously touted as the flagship policy of the Green Deal, has been passed in a severely weakened state, leading to criticism from its initial author and green lawmakers.
"The regulation was stripped," said Hugo Schally, pointing to the removal of crucial requirements for downstream traders to verify the origin of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that a reduced number of responsible companies, fewer data points, and imprecise sourcing details would make enforcement and prosecution more difficult.
A Watered-Down Law
Green party vice-president Marie Toussaint was more blunt, labeling the delays, loopholes and exemptions – including one for paper goods – as the "political dismantling" of the law.
This outcome stands in stark contrast to the hopes of more than a million European citizens who supported an initiative in 2020 calling for a prohibition of goods linked to forest destruction.
When launched in 2021, the EU's climate chief the European commissioner called it "the toughest legislation ever put forward to combat deforestation."
From Ambition to Compromise
The law's unravelling has been interpreted as the EU walking back its environmental promises. The proposal encountered significant delays, reportedly over technical problems, which drew condemnation.
"By revisiting the legislation rather than fixing a technical issue, authorities invited political interference," remarked the Green MEP.
Originally, the regulation mandated that firms to track goods to their exact plot of land 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," the former official explained. "It was the mechanism that made the rules enforceable, established traceability, and stopped companies from hiding behind complex supply chains."
Mounting Pressure
Yet, the strict due diligence provoked opposition in the EU capital from large companies, producer countries, conservative political groups and member states with forestry industries.
Experts cite last year's European Parliament elections as a turning point, creating a new political majority less favorable toward environmental rules.
"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:
- Retailers and traders were largely freed from conducting rigorous checks.
- A new “low risk” category was introduced.
- A option for more reductions was established for next spring.
- Only a handful of nations – geopolitical adversaries of the EU – will face the strictest monitoring.
"Instead of tightening downstream obligations, it stripped them back," lamented the law's author. "Moving obligations upstream, it reduced accountability."
Business Frustration
The protracted process and revisions have also created annoyance for businesses that complied early.
"It is very frustrating because we put a lot of effort into complying," stated 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
An EU representative supported the final law, stating: "We have listened to concerns and taken action to ensure a pragmatic and balanced implementation."
"The new text ensures stability, which is key for business and national regulators to successfully implement this vitally important regulation."