European Union Deforestation Law Effectively 'Dismantled' Despite Initial Fanfare
It was a landmark regulation that would curb the worldwide scourge of deforestation.
But, the final version of the European Union's deforestation regulation, once touted as the flagship policy of the European Green Deal, has been passed in a severely weakened state, prompting criticism from its original architect and green lawmakers.
"The regulation was gutted," said the law's original author, citing the removal of crucial requirements for downstream traders to verify the origin of products like palm oil, soy, wood, beef, rubber, cocoa and coffee.
He warned that fewer obligated actors, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.
Political Dismantling
Environmental MEP a leading green politician went further, describing the delays, loopholes and exemptions – including one for paper goods – as the "systematic weakening" of the law.
This outcome stands in stark contrast to the hopes of over 1.2 million EU citizens who signed a petition in 2020 calling for a ban on deforestation-linked products.
When launched in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the most ambitious law proposed to combat forest loss."
From Ambition to Compromise
The law's unravelling is seen by critics as the European Union retreating from its green talk. The proposal encountered two major postponements, reportedly over technical problems, which sparked criticism.
"By revisiting the legislation instead of solving a simple IT problem, authorities invited political interference," commented Toussaint.
In its first draft, the regulation required companies to trace commodities to their exact plot of land using GPS coordinates, holding them accountable 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. "These rules were the tool that made the rules enforceable, established traceability, and stopped companies from hiding behind complex supply chains."
Intense Lobbying
Yet, the rigorous checks provoked opposition in Brussels from large companies, producer countries, rightwing parties and member states with forestry industries.
Experts cite last year's EU elections as a decisive moment, shifting the balance of power more skeptical of green regulations.
"Additional intense pressure came from major export markets like the United States," noted expert Andreas Rasche, suggesting 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 largely freed from conducting rigorous checks.
- A new exemption for small operators was created.
- A option for more reductions was established for next spring.
- Only four countries – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.
"Rather than strengthening rules for companies, it stripped them back," said Schally. "Moving obligations to producers, 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 invested significant resources into preparing," said 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 supported the final law, saying: "The commission has responded to concerns and taken action to ensure a pragmatic and balanced application."
"The revised regulation provides for predictability, which is crucial for companies and competent authorities to effectively enforce this vitally important regulation."