European Union Anti-Deforestation Regulation Largely 'Watered Down' After Initial Fanfare
It was a landmark piece of legislation that would help stop the global scourge of deforestation.
However, the revised version of the European Union's anti-deforestation law, previously touted as the flagship policy of the Green Deal, has emerged in a significantly diluted state, prompting alarm from its original architect and green lawmakers.
"The regulation was hollowed out," said Hugo Schally, pointing to the exclusion of crucial requirements for downstream traders to verify the origin of products like palm oil, soy, wood, beef, rubber, cocoa and coffee.
Schally cautioned that fewer obligated actors, less information collected, and less precise origin data would make enforcement and prosecution more difficult.
Political Dismantling
Green party vice-president Marie Toussaint went further, describing the postponements, exceptions and new loopholes – including one for paper goods – as the "political dismantling" of the law.
This outcome stands in stark contrast to the hopes of more than a million European citizens who supported an initiative in 2020 calling for a prohibition of goods linked to forest destruction.
At its launch in 2021, the EU's climate chief the European commissioner trumpeted it as "the most ambitious legislation proposed to fight forest loss."
A Story of Dilution
The regulation's dilution is seen by critics as the European Union retreating from its green talk. It faced two major postponements, ostensibly over technical problems, which drew condemnation.
"By revisiting the legislation rather than fixing a simple IT problem, the commission opened Pandora’s box," remarked Toussaint.
Originally, the law required companies to trace commodities to their specific geographic origin using geolocation data, holding them accountable for forest loss along their supply lines with penalties and large financial penalties.
"It wasn't bureaucracy for its own sake," the former official said. "These rules were the tool that ensured enforcement, established traceability, and stopped companies from hiding behind opaque production networks."
Intense Lobbying
However, the rigorous checks provoked opposition in the EU capital from multinational corporations, producer countries, conservative political groups and EU logging states.
Analysts point to last year's EU elections as a turning point, creating a new political majority more skeptical of environmental rules.
"Additional intense pressure came from major export markets outside the EU," said expert Andreas Rasche, suggesting the commission gave in to some demands in trade talks.
The Weakened Final Text
The passed law features key dilutions:
- Downstream operators were mostly exempted from submitting due diligence statements.
- A new exemption for small operators was created.
- A option for more reductions was established for next spring.
- Only four countries – geopolitical adversaries of the EU – will face the strictest monitoring.
"Instead of tightening rules for companies, it rolled them back," lamented Schally. "Moving obligations to producers, it lessened the number of responsible firms."
Uncertainty for Companies
The protracted process and revisions have also caused frustration for companies that prepared in advance.
"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 big frustration."
Official Defense
An EU representative supported the final law, saying: "The commission has responded to concerns and taken action to ensure a pragmatic and balanced implementation."
"The new text ensures stability, which is crucial for companies and competent authorities to successfully implement this very important law."