EU Anti-Deforestation Law Effectively 'Dismantled' After Initial Fanfare
Widely celebrated as a landmark piece of legislation that would help stop the worldwide scourge of deforestation.
However, the revised version of the EU's deforestation regulation, once heralded as the crown jewel of the European Green Deal, has been passed in a significantly diluted state, prompting alarm from its initial author and green lawmakers.
"It has been hollowed out," stated Hugo Schally, citing the exclusion of crucial requirements for later-stage companies to verify the origin of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that a reduced number of responsible companies, less information collected, and less precise origin data would complicate the task of authorities.
Political Dismantling
Green party vice-president a leading green politician was more blunt, 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 over 1.2 million European citizens who signed a petition in 2020 calling for a prohibition of deforestation-linked products.
At its launch in 2021, then-Green Deal commissioner Frans Timmermans trumpeted it as "the most ambitious law ever put forward to fight deforestation."
From Ambition to Compromise
The regulation's dilution is seen by critics as the EU walking back 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, the commission opened Pandora’s box," remarked Toussaint.
Originally, the law required companies to trace commodities to their specific geographic origin using geolocation data, making them liable for deforestation in their supply chains with criminal charges and large financial penalties.
"This was not red tape for its own sake," the former official explained. "It was the mechanism that made the rules enforceable, established traceability, and stopped companies from hiding behind complex supply chains."
Intense Lobbying
Yet, the strict due diligence triggered a backlash in Brussels 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.
"The other pressure came from major export markets outside the EU," noted corporate sustainability professor, suggesting the EU yielded to some demands in trade talks.
Key Loopholes Introduced
In the final legislation includes key dilutions:
- Downstream operators were mostly exempted from conducting rigorous checks.
- A new “low risk” category was introduced.
- A option for more reductions was opened for next spring.
- Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.
"Rather than strengthening rules for companies, it stripped them back," lamented the law's author. "Moving obligations to producers, it reduced accountability."
Uncertainty for Companies
The protracted process and revisions have also created annoyance for companies that prepared in advance.
"It is very frustrating because we put a lot of effort into preparing," stated a coffee company executive. "We purchased systems, trained staff and established procedures... now they’re saying it could be altered again. It’s a major letdown."
The Commission's Stance
A commission spokesperson defended the outcome, saying: "The commission has responded to concerns and taken action to ensure a simple, fair and cost-efficient application."
"The new text provides for predictability, which is key for business and national regulators to successfully implement this vitally important regulation."