European Union Anti-Deforestation Regulation Largely 'Gutted' Despite High Hopes
Widely celebrated as a landmark piece of legislation that would combat the worldwide crisis of deforestation.
But, the final version of the European Union's deforestation regulation, previously heralded as the flagship policy of the Green Deal, has been passed in a significantly diluted state, leading to criticism from its original architect and green lawmakers.
"It has been stripped," said the law's original author, citing the removal of crucial requirements for later-stage companies to check the origin of products like palm oil, soy, wood, beef, rubber, cocoa and coffee.
He warned that fewer obligated actors, fewer data points, and imprecise sourcing details would hinder monitoring and legal action.
A Watered-Down Law
Environmental vice-president Marie Toussaint was more blunt, describing the delays, loopholes and exemptions – including one for printed products – as the "systematic weakening" of the law.
This outcome stands in stark contrast to the hopes of over 1.2 million EU citizens who signed a petition 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 law proposed to combat deforestation."
A Story of Dilution
The law's unravelling has been interpreted as the European Union retreating from its green talk. The proposal encountered significant delays, reportedly over IT issues, which sparked criticism.
"By revisiting the legislation instead of solving a simple IT problem, authorities invited political interference," remarked Toussaint.
Originally, the law mandated that firms to track commodities to their exact plot of land using geolocation data, making them liable for forest loss along their supply lines with criminal charges and hefty fines.
"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."
Intense Lobbying
Yet, the rigorous checks provoked opposition in the EU capital from large companies, exporting nations, conservative political groups and EU logging states.
Analysts point to last year's European Parliament elections as a decisive moment, creating a new political majority less favorable toward green regulations.
"Additional intense pressure has come from major export markets like the United States," noted expert Andreas Rasche, implying the commission gave in to some demands in trade talks.
The Weakened Final Text
The passed law features key dilutions:
- 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 the strictest monitoring.
"Instead of tightening downstream obligations, it stripped them back," lamented the law's author. "By shifting responsibilities upstream, it reduced accountability."
Uncertainty for Companies
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 complying," stated Xavier Rombouts. "We purchased systems, trained staff and established procedures... now they’re saying it could be altered again. It’s a major letdown."
Official Defense
A commission spokesperson defended the outcome, saying: "We have listened to concerns and acted to ensure a pragmatic and balanced application."
"The new text provides for predictability, which is crucial for companies and competent authorities to successfully implement this very important regulation."