EU Deforestation Regulation Effectively 'Dismantled' Despite Initial Fanfare
It was a pioneering regulation that would help stop the worldwide scourge of deforestation.
However, the final version of the European Union's anti-deforestation law, previously heralded as the crown jewel of the European Green Deal, has emerged in a severely weakened state, leading to alarm from its initial author and environmental politicians.
"The regulation was hollowed out," said Hugo Schally, pointing to the removal of crucial requirements for later-stage companies to check the provenance of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.
He warned that a reduced number of responsible companies, less information collected, and less precise origin data would complicate the task of authorities.
A Watered-Down Law
Green party MEP Marie Toussaint was more blunt, labeling the postponements, exceptions and new loopholes – such as one for printed products – as the "systematic weakening" of the law.
This outcome stands in stark contrast to the demands of more than a million EU citizens who signed a petition in 2020 calling for a prohibition of goods linked to forest destruction.
When launched in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "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. It faced two major postponements, reportedly over IT issues, which sparked criticism.
"By revisiting the legislation instead of solving a simple IT problem, authorities invited political interference," commented Toussaint.
In its first draft, the regulation mandated that firms to track goods to their specific geographic origin using GPS coordinates, making them liable for deforestation in their supply chains with criminal charges and hefty fines.
"It wasn't bureaucracy for its own sake," the former official explained. "It was the mechanism that made the rules enforceable, established traceability, and stopped companies from hiding behind opaque production networks."
Mounting Pressure
Yet, the rigorous checks triggered a backlash in Brussels from large companies, producer countries, rightwing parties and EU logging states.
Experts cite last year's European Parliament elections as a decisive moment, creating a new political majority less favorable toward environmental rules.
"The other pressure has come from major export markets outside the EU," noted expert Andreas Rasche, implying the EU yielded 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 “low risk” category was introduced.
- A window for further "simplifications" was established for next spring.
- Only four countries – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Instead of tightening downstream obligations, it stripped them back," said Schally. "Moving obligations upstream, it lessened the number of responsible firms."
Business Frustration
The protracted process and revisions have also created annoyance for businesses that complied early.
"It is very frustrating because we invested significant resources into preparing," said a coffee company executive. "We invested in software, followed seminars and built a team... now they’re saying it could be altered again. It’s a major letdown."
Official Defense
An EU representative defended the outcome, stating: "We have listened to concerns and taken action to ensure a simple, fair and cost-efficient implementation."
"The revised regulation provides for predictability, which is crucial for companies and competent authorities to successfully implement this very important law."