EU Anti-Deforestation Regulation Effectively 'Watered Down' After Initial Fanfare
It was a pioneering regulation that would help stop the worldwide scourge of forest loss.
But, the revised version of the EU's deforestation regulation, once touted as the crown jewel of the Green Deal, has been passed in a severely weakened state, prompting criticism from its initial author and environmental politicians.
"The regulation was hollowed out," stated Hugo Schally, pointing to the removal of crucial requirements for later-stage companies to verify the provenance of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
He warned that fewer obligated actors, less information collected, and imprecise sourcing details would make enforcement and prosecution more difficult.
A Watered-Down Law
Green party vice-president a leading green politician went further, describing the postponements, exceptions and new loopholes – including one for paper goods – as the "political dismantling" 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 prohibition of deforestation-linked products.
When launched in 2021, then-Green Deal commissioner the European commissioner called it "the most ambitious legislation proposed to fight deforestation."
A Story of Dilution
The law's unravelling is seen by critics as the European Union retreating from its green talk. The proposal encountered two major postponements, reportedly over technical problems, which drew condemnation.
"By revisiting the legislation instead of solving a technical issue, the commission opened Pandora’s box," remarked the Green MEP.
In its first draft, the regulation required companies to track goods to their specific geographic origin using GPS coordinates, holding them accountable for forest loss along their supply lines with penalties and hefty fines.
"It wasn't bureaucracy for its own sake," Schally explained. "These rules were the tool that made the rules enforceable, established traceability, and stopped companies from hiding behind complex supply chains."
Mounting Pressure
Yet, the rigorous checks triggered a backlash in Brussels from multinational corporations, exporting nations, rightwing parties and EU logging states.
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 like the United States," said expert Andreas Rasche, suggesting the commission gave in to some demands in trade talks.
Key Loopholes Introduced
In the final legislation includes key dilutions:
- Retailers and traders were mostly exempted from conducting rigorous checks.
- A new exemption for small operators was introduced.
- A option for more reductions was opened for next spring.
- Only four countries – geopolitical adversaries of the EU – will face the strictest monitoring.
"Rather than strengthening downstream obligations, it rolled them back," said the law's author. "By shifting responsibilities to producers, it lessened the number of responsible firms."
Business Frustration
The protracted process and revisions have also caused frustration for businesses that complied early.
"It is very frustrating because we invested significant resources 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 big frustration."
Official Defense
An EU representative supported the final law, saying: "We have listened to feedback and taken action to ensure a pragmatic and balanced implementation."
"The new text ensures stability, which is crucial for companies and national regulators to successfully implement this very important regulation."