EU Anti-Deforestation Regulation Effectively 'Dismantled' Despite Initial Fanfare
It was a pioneering law that would combat the global scourge of deforestation.
However, the final version of the EU's deforestation regulation, once touted as the crown jewel of the Green Deal, has emerged in a significantly diluted state, leading to alarm from its original architect and green lawmakers.
"It has been stripped," stated the law's original author, citing the removal of crucial requirements for downstream traders to verify the provenance of products like palm oil, soy, wood, beef, rubber, cocoa and coffee.
He warned that fewer obligated actors, fewer data points, and imprecise sourcing details would complicate the task of authorities.
Political Dismantling
Environmental MEP Marie Toussaint went further, describing the postponements, exceptions and new loopholes – such as one for printed products – as the "systematic weakening" of the law.
This final text stands in stark contrast to the demands of over 1.2 million European citizens who signed a petition in 2020 calling for a ban on goods linked to forest destruction.
When launched in 2021, the EU's climate chief Frans Timmermans trumpeted it as "the most ambitious law proposed to fight forest loss."
A Story of Dilution
The law's unravelling has been interpreted as the European Union retreating from its environmental promises. The proposal encountered significant delays, reportedly over IT issues, which drew condemnation.
"By revisiting the legislation rather than fixing a technical issue, the commission opened Pandora’s box," remarked Toussaint.
In its first draft, the regulation mandated that firms to trace commodities to their exact plot of land using GPS coordinates, holding them accountable for forest loss along their supply lines 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, created a verifiable paper trail, and stopped companies from hiding behind complex supply chains."
Mounting Pressure
Yet, the strict due diligence triggered a backlash in the EU capital from multinational corporations, producer countries, rightwing parties and member states with forestry industries.
Analysts point to last year's European Parliament elections as a decisive moment, creating a new political majority less favorable toward environmental rules.
"The other pressure came from major export markets like the United States," noted expert Andreas Rasche, suggesting the commission gave in to some requests during negotiations.
Key Loopholes Introduced
The passed law includes several critical weakenings:
- Retailers and traders were mostly exempted from submitting due diligence statements.
- A new exemption for small operators was introduced.
- A option for more reductions was established for next spring.
- Only four countries – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Rather than strengthening rules for companies, it rolled them back," said Schally. "Moving obligations to producers, it reduced accountability."
Uncertainty for Companies
The delays and changes have also caused frustration for companies that prepared in advance.
"It is very frustrating because we invested significant resources into complying," stated 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 defended the outcome, saying: "The commission has responded to feedback and acted to ensure a simple, fair and cost-efficient application."
"The revised regulation ensures stability, which is crucial for companies and national regulators to successfully implement this vitally important regulation."