EU Deforestation Law Effectively 'Watered Down' After High Hopes
It was a pioneering law that would curb the worldwide scourge of deforestation.
But, the revised version of the European Union's deforestation regulation, previously touted as the crown jewel of the European Green Deal, has been passed in a severely weakened state, leading to criticism from its initial author and environmental politicians.
"It has been hollowed out," stated Hugo Schally, citing the exclusion of key obligations for downstream traders to verify the origin of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
He warned 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 Marie Toussaint was more blunt, describing the postponements, exceptions and new loopholes – including one for paper goods – as the "systematic weakening" of the law.
This outcome is a far cry from the demands of more than a million European citizens who supported an initiative in 2020 calling for a ban on goods linked to forest destruction.
At its launch in 2021, the EU's climate chief the European commissioner trumpeted it as "the most ambitious legislation ever put forward to fight deforestation."
From Ambition to Compromise
The regulation's dilution is seen by critics as the European Union retreating from its environmental promises. It faced two major postponements, ostensibly over IT issues, which sparked criticism.
"By revisiting the legislation instead of solving a simple IT problem, the commission opened Pandora’s box," commented the Green MEP.
In its first draft, the regulation mandated that firms to trace commodities to their exact plot of land using geolocation data, holding them accountable for deforestation in their supply chains with penalties and large financial penalties.
"This was not red tape for its own sake," the former official explained. "It was the mechanism that made the rules enforceable, established traceability, and prevented firms from obscuring their activities behind opaque production networks."
Mounting Pressure
Yet, the strict due diligence provoked opposition in the EU capital from multinational corporations, exporting nations, rightwing parties 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 green regulations.
"The other pressure has come from major export markets outside the EU," noted expert Andreas Rasche, implying the commission gave in to some demands in trade talks.
The Weakened Final Text
In the final legislation features several critical weakenings:
- Downstream operators were mostly exempted from conducting rigorous checks.
- A new exemption for small operators was created.
- A window for further "simplifications" was established for next spring.
- Only four countries – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.
"Rather than strengthening rules for companies, it rolled them back," lamented the law's author. "Moving obligations upstream, 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 put a lot of effort into complying," said Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it may be changed. It’s a major letdown."
Official Defense
A commission spokesperson supported the final law, stating: "The commission has responded to concerns and acted to ensure a simple, fair and cost-efficient application."
"The revised regulation ensures stability, which is crucial for companies and national regulators to effectively enforce this vitally important law."