EU Anti-Deforestation Regulation Largely 'Gutted' Despite Initial Fanfare
It was a landmark law that would combat the global scourge of forest loss.
However, the final version of the European Union's deforestation regulation, previously touted as the flagship policy of the Green Deal, has been passed in a significantly diluted state, leading to alarm from its original architect and green lawmakers.
"It has been stripped," stated the law's original author, citing the exclusion of key obligations for later-stage companies to check the provenance 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 hinder monitoring and legal action.
A Watered-Down Law
Green party vice-president a leading green politician was more blunt, labeling the postponements, exceptions and new loopholes – including one for paper goods – as the "systematic weakening" of the law.
This final text is a far cry from the hopes of more than a million EU citizens who signed a petition in 2020 calling for a ban on goods linked to forest destruction.
When launched in 2021, the EU's climate chief the European commissioner called it "the toughest law proposed to fight deforestation."
From Ambition to Compromise
The regulation's dilution has been interpreted as the EU walking back its green talk. The proposal encountered two major postponements, ostensibly over IT issues, which drew condemnation.
"By reopening this file rather than fixing a technical issue, authorities invited political interference," commented Toussaint.
In its first draft, the regulation mandated that firms to track goods back to their specific geographic origin using geolocation data, holding them accountable for deforestation in their supply chains 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 complex supply chains."
Intense Lobbying
However, the strict due diligence provoked opposition in Brussels from multinational corporations, exporting nations, rightwing parties and EU logging states.
Analysts point to last year's EU elections as a turning point, shifting the balance of power less favorable toward environmental rules.
"Additional intense pressure came from major export markets like the United States," said expert Andreas Rasche, implying the commission gave in to some demands in trade talks.
Key Loopholes Introduced
The passed law features several critical weakenings:
- Retailers and traders were mostly exempted from conducting rigorous checks.
- A new exemption for small operators was created.
- A option for more reductions was established for next spring.
- Only four countries – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Rather than strengthening downstream obligations, it rolled 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 companies that prepared in advance.
"We feel very annoyed because we put a lot of effort 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 big frustration."
The Commission's Stance
A commission spokesperson defended the outcome, saying: "We have listened to concerns and acted to ensure a pragmatic and balanced implementation."
"The new text ensures stability, which is key for business and national regulators to effectively enforce this very important law."