EU Deforestation Law Effectively 'Watered Down' Despite High Hopes

Widely celebrated as a pioneering piece of legislation that would curb the worldwide scourge of deforestation.

However, the final version of the EU's deforestation regulation, previously touted as the flagship policy of the Green Deal, has been passed in a significantly diluted state, leading to alarm from its original architect and green lawmakers.

"The regulation was hollowed out," stated Hugo Schally, pointing to the removal of key obligations for later-stage companies to check the provenance of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.

Schally cautioned that fewer obligated actors, less information collected, and less precise origin data would make enforcement and prosecution more difficult.

Political Dismantling

Green party MEP Marie Toussaint went further, describing the delays, loopholes and exemptions – including one for printed products – as the "systematic weakening" of the law.

This final text is a far cry from the demands of over 1.2 million European citizens who signed a petition in 2020 demanding a ban on goods linked to forest destruction.

At its launch in 2021, then-Green Deal commissioner Frans Timmermans called it "the toughest legislation proposed to combat deforestation."

A Story of Dilution

The regulation's dilution is seen by critics as the European Union retreating from its environmental promises. The proposal encountered significant delays, reportedly over technical problems, which sparked criticism.

"By revisiting the legislation rather than fixing a technical issue, authorities invited political interference," commented the Green MEP.

Originally, the law mandated that firms 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 hefty fines.

"It wasn't bureaucracy for its own sake," the former official said. "These rules were the tool that ensured enforcement, established traceability, and prevented firms from obscuring their activities behind opaque production networks."

Intense Lobbying

However, the rigorous checks triggered a backlash in Brussels from multinational corporations, exporting nations, rightwing parties and member states with forestry industries.

Experts cite last year's EU elections as a turning point, creating a new political majority less favorable toward environmental rules.

"Additional intense pressure came from big trading partners like the United States," noted expert Andreas Rasche, implying 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 established for next spring.
  • Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.

"Instead of tightening rules for companies, it stripped them back," said Schally. "Moving obligations upstream, it lessened the number of responsible firms."

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 complying," said a coffee company executive. "We invested in software, followed seminars and built a team... now they’re saying it could be altered again. It’s a big frustration."

The Commission's Stance

An EU representative defended the outcome, saying: "The commission has responded to concerns and acted to ensure a simple, fair and cost-efficient implementation."

"The revised regulation ensures stability, which is crucial for companies and competent authorities to effectively enforce this very important regulation."

Timothy Haas
Timothy Haas

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