European Union Deforestation Regulation Effectively 'Gutted' Despite High Hopes
Widely celebrated as a groundbreaking regulation that would curb the global scourge of forest loss.
But, the revised version of the EU's anti-deforestation law, previously heralded as the flagship policy of the Green Deal, has emerged in a significantly diluted state, prompting alarm from its original architect and environmental politicians.
"The regulation was gutted," said the law's original author, pointing to the exclusion 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 less precise origin data would complicate the task of authorities.
A Watered-Down Law
Environmental vice-president a leading green politician went further, labeling the delays, loopholes and exemptions – such as one for printed products – as the "political dismantling" of the law.
This outcome stands in stark contrast to the demands of more than a million European citizens who signed a petition in 2020 calling for a prohibition of goods linked to forest destruction.
At its launch in 2021, the EU's climate chief Frans Timmermans called it "the toughest legislation proposed to combat deforestation."
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, reportedly over technical problems, which sparked criticism.
"By revisiting the legislation instead of solving a technical issue, authorities invited political interference," commented Toussaint.
In its first draft, the regulation mandated that firms to trace goods to their exact plot of land using GPS coordinates, making them liable for deforestation in their supply chains with penalties and large financial penalties.
"This was not red tape for its own sake," Schally explained. "These rules were the tool that ensured enforcement, established traceability, and stopped companies from hiding behind complex supply chains."
Mounting Pressure
However, the rigorous checks provoked opposition in Brussels from large companies, producer countries, conservative political groups and EU logging states.
Experts cite last year's European Parliament elections as a turning point, creating a new political majority more skeptical of green regulations.
"Additional intense pressure has come from major export markets outside the EU," noted corporate sustainability professor, implying the commission gave in to some demands in trade talks.
The Weakened Final Text
The passed law includes several critical weakenings:
- Downstream operators were mostly exempted from conducting rigorous checks.
- A new exemption for small operators was introduced.
- A window for further "simplifications" was established for next spring.
- Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.
"Instead of tightening rules for companies, it rolled them back," lamented Schally. "By shifting responsibilities to producers, it reduced accountability."
Business Frustration
The protracted process and revisions have also caused frustration for companies that prepared in advance.
"We feel very annoyed because we invested significant resources into complying," stated Xavier Rombouts. "We purchased systems, trained staff and established procedures... now they’re saying it may be changed. It’s a big frustration."
The Commission's Stance
A commission spokesperson defended the outcome, saying: "The commission has responded to concerns and taken action to ensure a pragmatic and balanced application."
"The revised regulation provides for predictability, which is crucial for companies and competent authorities to successfully implement this very important regulation."