European Union Anti-Deforestation Regulation Effectively 'Dismantled' Despite High Hopes
It was a landmark law that would curb the worldwide scourge of forest loss.
But, the final version of the European Union's deforestation regulation, once touted as the crown jewel of the European Green Deal, has been passed in a significantly diluted state, prompting criticism from its original architect and environmental politicians.
"The regulation was gutted," stated Hugo Schally, pointing to the exclusion of key obligations for later-stage companies to verify the origin of products like palm oil, soy, wood, beef, rubber, cocoa and coffee.
Schally cautioned that fewer obligated actors, fewer data points, and less precise origin data would hinder monitoring and legal action.
A Watered-Down Law
Green party MEP Marie Toussaint was more blunt, describing the delays, loopholes and exemptions – including one for printed products – as the "systematic weakening" of the law.
This final text stands in stark contrast to the hopes of over 1.2 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 ever put forward to fight forest loss."
A Story of Dilution
The law's unravelling is seen by critics as the European Union retreating from its green talk. It faced two major postponements, ostensibly over IT issues, which sparked criticism.
"By revisiting the legislation rather than fixing a simple IT problem, the commission opened Pandora’s box," remarked the Green MEP.
Originally, the regulation required companies to track goods to their exact plot of land using geolocation data, holding them accountable for forest loss along their supply lines with criminal charges and large financial penalties.
"This was not red tape for its own sake," the former official said. "It was the mechanism that ensured enforcement, created a verifiable paper trail, and prevented firms from obscuring their activities behind complex supply chains."
Intense Lobbying
However, the strict due diligence triggered a backlash in the EU capital from multinational corporations, exporting nations, 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.
"The other pressure came from major export markets like the United States," noted corporate sustainability professor, implying the commission gave in to some requests during negotiations.
Key Loopholes Introduced
In the final legislation features key dilutions:
- Retailers and traders were largely freed from submitting due diligence statements.
- A new exemption for small operators was created.
- A option for more reductions was opened for next spring.
- Only a handful of nations – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Instead of tightening downstream obligations, it rolled them back," said Schally. "By shifting responsibilities upstream, it lessened the number of responsible firms."
Business Frustration
The protracted process and revisions have also created annoyance for businesses that complied early.
"We feel very annoyed because we invested significant resources into preparing," stated a coffee company executive. "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
A commission spokesperson defended the outcome, stating: "We have listened to concerns and acted to ensure a pragmatic and balanced implementation."
"The new text provides for predictability, which is key for business and competent authorities to effectively enforce this very important law."