EU Deforestation Regulation Effectively 'Dismantled' After High Hopes
Widely celebrated as a pioneering law that would combat the worldwide scourge of forest loss.
However, the final version of the European Union's deforestation regulation, once heralded as the crown jewel of the European Green Deal, has been passed in a severely weakened state, leading to criticism from its original architect and environmental politicians.
"It has been gutted," stated Hugo Schally, citing the exclusion 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 a reduced number of responsible companies, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.
Political Dismantling
Environmental MEP a leading green politician 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 over 1.2 million EU citizens who signed a petition in 2020 calling for a ban on deforestation-linked products.
At its launch in 2021, the EU's climate chief Frans Timmermans trumpeted it as "the most ambitious legislation proposed 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, reportedly over IT issues, which sparked criticism.
"By revisiting the legislation rather than fixing a technical issue, the commission opened Pandora’s box," remarked the Green MEP.
Originally, the law required companies to track commodities to their specific geographic origin using GPS coordinates, holding them accountable for forest loss along their supply lines with penalties and large financial penalties.
"This was not red tape for its own sake," the former official explained. "These rules were the tool that made the rules enforceable, established traceability, and prevented firms from obscuring their activities behind opaque production networks."
Mounting Pressure
However, the rigorous checks provoked opposition in Brussels from large companies, exporting nations, rightwing parties and EU logging states.
Experts cite last year's European Parliament elections as a decisive moment, shifting the balance of power less favorable toward green regulations.
"Additional intense 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 includes several critical weakenings:
- Downstream operators were largely freed from conducting rigorous checks.
- A new exemption for small operators was created.
- A window for further "simplifications" was opened for next spring.
- Only four countries – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.
"Instead of tightening rules for companies, it stripped them back," said Schally. "By shifting responsibilities upstream, it lessened the number of responsible firms."
Business Frustration
The delays and changes have also caused frustration for businesses that complied early.
"It is very frustrating because we put a lot of effort into preparing," said a coffee company executive. "We invested in software, followed seminars and built a team... now they’re saying it may be changed. It’s a major letdown."
The Commission's Stance
An EU representative supported the final law, stating: "We have listened to feedback and taken action to ensure a simple, fair and cost-efficient implementation."
"The new text provides for predictability, which is key for business and national regulators to effectively enforce this very important law."