European Union Anti-Deforestation Law Effectively 'Watered Down' After High Hopes
Originally hailed as a pioneering law that would combat the worldwide scourge of forest loss.
However, the revised version of the European Union's deforestation regulation, once touted as the crown jewel of the Green Deal, has emerged in a severely weakened state, prompting criticism from its original architect and environmental politicians.
"It has been hollowed out," said the law's original author, citing the exclusion of key obligations for downstream traders to check the provenance of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
He warned that fewer obligated actors, fewer data points, and imprecise sourcing details would complicate the task of authorities.
A Watered-Down Law
Green party MEP Marie Toussaint went further, describing the delays, loopholes and exemptions – including one for paper goods – as the "systematic weakening" of the law.
This final text is a far cry from the demands of more than a million EU citizens who signed a petition in 2020 demanding a prohibition of deforestation-linked products.
At its launch in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the toughest legislation proposed to combat deforestation."
From Ambition to Compromise
The regulation's dilution is seen by critics as the European Union retreating from its environmental promises. It faced significant delays, ostensibly over IT issues, which drew condemnation.
"By revisiting the legislation rather than fixing a technical issue, authorities invited political interference," commented Toussaint.
In its first draft, the regulation mandated that firms to track goods back to their specific geographic origin using GPS coordinates, holding them accountable for deforestation in their supply chains with penalties and hefty fines.
"It wasn't bureaucracy 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 complex supply chains."
Intense Lobbying
However, the rigorous checks provoked opposition in the EU capital from large companies, exporting nations, conservative political groups and member states with forestry industries.
Experts cite last year's European Parliament elections as a turning point, shifting the balance of power less favorable toward green regulations.
"The other pressure has come from major export markets like the United States," noted corporate sustainability professor, implying the EU yielded to some requests during negotiations.
Key Loopholes Introduced
In the final legislation features key dilutions:
- Retailers and traders were largely freed from submitting due diligence statements.
- A new “low risk” category was created.
- A option for more reductions was established for next spring.
- Only four countries – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Instead of tightening downstream obligations, it rolled them back," lamented Schally. "By shifting responsibilities upstream, it lessened the number of responsible firms."
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 preparing," said a coffee company executive. "We purchased systems, trained staff and established procedures... now they’re saying it may be changed. It’s a big frustration."
The Commission's Stance
An EU representative supported the final law, stating: "The commission has responded to concerns and taken action to ensure a pragmatic and balanced implementation."
"The new text provides for predictability, which is key for business and national regulators to effectively enforce this very important law."