European Union Deforestation Law Effectively 'Gutted' After Initial Fanfare
It was a pioneering piece of legislation that would curb the worldwide scourge of forest loss.
However, the final version of the European Union's deforestation regulation, once touted as the flagship policy of the Green Deal, has emerged in a severely weakened state, prompting criticism from its initial author and green lawmakers.
"It has been gutted," said Hugo Schally, pointing to the removal of key obligations for later-stage companies to check the provenance of commodities like palm oil, soy, wood, beef, rubber, cocoa and coffee.
He warned that fewer obligated actors, less information collected, and less precise origin data would complicate the task of authorities.
Political Dismantling
Environmental vice-president a leading green politician went further, labeling the postponements, exceptions and new loopholes – such as one for printed products – as the "systematic weakening" of the law.
This outcome is a far cry from the hopes of over 1.2 million EU citizens who signed a petition 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 called it "the toughest legislation proposed to fight forest loss."
From Ambition to Compromise
The regulation's dilution is seen by critics as the EU walking back its green talk. It faced significant delays, reportedly over technical problems, which sparked criticism.
"By reopening this file instead of solving a technical issue, the commission opened Pandora’s box," commented the Green MEP.
Originally, the law mandated that firms to track commodities back to their exact plot of land using GPS coordinates, making them liable for forest loss along their supply lines with criminal charges and large financial penalties.
"It wasn't bureaucracy for its own sake," Schally explained. "It was the mechanism that made the rules enforceable, created a verifiable paper trail, and prevented firms from obscuring their activities behind opaque production networks."
Mounting Pressure
Yet, the rigorous checks provoked opposition in Brussels 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, creating a new political majority more skeptical of green regulations.
"Additional intense pressure came 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 includes several critical weakenings:
- Retailers and traders were largely freed from conducting rigorous checks.
- A new exemption for small operators was introduced.
- A window for further "simplifications" was established for next spring.
- Only four countries – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.
"Rather than strengthening downstream obligations, it rolled them back," said the law's author. "Moving obligations to producers, it reduced accountability."
Business Frustration
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," said Xavier Rombouts. "We purchased systems, trained staff and established procedures... now they’re saying it may be changed. It’s a major letdown."
The Commission's Stance
An EU representative supported the final law, saying: "The commission has responded to feedback and taken action to ensure a simple, fair and cost-efficient implementation."
"The revised regulation ensures stability, which is key for business and national regulators to effectively enforce this vitally important regulation."