EU Anti-Deforestation Regulation Effectively 'Gutted' After High Hopes

It was a pioneering regulation that would curb the worldwide scourge of forest loss.

However, the revised version of the European Union's deforestation regulation, previously heralded as the flagship policy of the European Green Deal, has been passed in a significantly diluted state, leading to criticism from its original architect and green lawmakers.

"It has been hollowed out," stated Hugo Schally, citing the exclusion of crucial requirements for later-stage companies to check the origin of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.

He warned that fewer obligated actors, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.

Political Dismantling

Environmental vice-president a leading green politician went further, labeling the delays, loopholes and exemptions – such as one for printed products – as the "political dismantling" of the law.

This final text is a far cry from the hopes of more than a million European citizens who supported an initiative in 2020 demanding a ban on deforestation-linked products.

At its launch in 2021, the EU's climate chief the European commissioner called it "the most ambitious law ever put forward to combat deforestation."

From Ambition to Compromise

The law's unravelling has been interpreted as the EU walking back its environmental promises. The proposal encountered two major postponements, ostensibly over IT issues, which sparked criticism.

"By revisiting the legislation rather than fixing a technical issue, authorities invited political interference," commented Toussaint.

Originally, the law required companies to track goods back 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," Schally said. "These rules were the tool that made the rules enforceable, created a verifiable paper trail, and prevented firms from obscuring their activities behind opaque production networks."

Intense Lobbying

However, the strict due diligence triggered a backlash in the EU capital from large companies, producer countries, rightwing parties and EU logging states.

Analysts point to last year's EU elections as a decisive moment, 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, implying the commission gave in to some requests during negotiations.

The Weakened Final Text

In the final legislation includes several critical weakenings:

  • Downstream operators were largely freed from submitting due diligence statements.
  • A new exemption for small operators was created.
  • A option for more reductions was established for next spring.
  • Only a handful of nations – geopolitical adversaries of the EU – will face “high risk” scrutiny.

"Rather than strengthening rules for companies, it rolled them back," lamented Schally. "By shifting responsibilities to producers, 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 put a lot of effort into preparing," stated Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it could be altered again. It’s a big frustration."

Official Defense

An EU representative supported the final law, stating: "We have listened to concerns and acted to ensure a pragmatic and balanced implementation."

"The revised regulation ensures stability, which is key for business and competent authorities to successfully implement this vitally important law."

Corey Adams
Corey Adams

Lena is a seasoned event planner with over a decade of experience, passionate about creating unforgettable moments for clients.