EU Anti-Deforestation Regulation Largely 'Gutted' Despite High Hopes
Widely celebrated as a groundbreaking law that would help stop the global scourge of deforestation.
However, the final version of the European Union's deforestation regulation, once touted as the crown jewel of the Green Deal, has emerged in a significantly diluted state, leading to criticism from its initial author and green lawmakers.
"The regulation was gutted," stated Hugo Schally, citing the removal of crucial requirements for downstream traders to check the provenance of commodities 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 make enforcement and prosecution more difficult.
Political Dismantling
Environmental vice-president Marie Toussaint went further, labeling the delays, loopholes and exemptions – such as one for printed products – as the "political dismantling" of the law.
This outcome stands in stark contrast to the demands of more than a million European citizens who supported an initiative in 2020 demanding a prohibition of deforestation-linked products.
At its launch in 2021, the EU's climate chief Frans Timmermans called it "the toughest legislation proposed to fight deforestation."
From Ambition to Compromise
The regulation's dilution has been interpreted as the European Union retreating from its green talk. It faced two major postponements, reportedly over technical problems, which drew condemnation.
"By revisiting the legislation rather than fixing a technical issue, the commission opened Pandora’s box," commented the Green MEP.
In its first draft, the regulation required companies to trace goods to their exact plot of land using geolocation data, holding them accountable for deforestation in their supply chains with penalties and hefty fines.
"This was not red tape for its own sake," Schally explained. "These rules were the tool that ensured enforcement, created a verifiable paper trail, and prevented firms from obscuring their activities behind complex supply chains."
Mounting Pressure
Yet, the strict due diligence provoked opposition in Brussels from large companies, producer countries, rightwing parties and EU logging states.
Analysts point to last year's European Parliament elections as a turning point, shifting the balance of power less favorable toward green regulations.
"The other pressure came from major export markets like the United States," noted corporate sustainability professor, implying the commission gave in to some demands in trade talks.
The Weakened Final Text
In the final legislation features several critical weakenings:
- Retailers and traders were mostly exempted from conducting rigorous checks.
- A new exemption for small operators was created.
- A option for more reductions was opened for next spring.
- Only four countries – geopolitical adversaries of the EU – will face the strictest monitoring.
"Instead of tightening rules for companies, it stripped them back," said Schally. "By shifting responsibilities upstream, it reduced accountability."
Business Frustration
The delays and changes have also caused frustration for companies that prepared in advance.
"We feel very annoyed because we invested significant resources into complying," stated 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 big frustration."
Official Defense
A commission spokesperson defended the outcome, saying: "We have listened to concerns and taken action to ensure a pragmatic and balanced implementation."
"The revised regulation provides for predictability, which is key for business and competent authorities to effectively enforce this vitally important regulation."