European Union Anti-Deforestation Regulation Effectively 'Gutted' Despite Initial Fanfare

It was a groundbreaking regulation that would help stop the worldwide crisis of deforestation.

But, the revised version of the EU's anti-deforestation law, once heralded as the crown jewel of the Green Deal, has been passed in a severely weakened state, leading to alarm from its initial author and environmental politicians.

"The regulation was stripped," stated Hugo Schally, pointing to the exclusion of key obligations for downstream traders to verify the provenance of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.

He warned that a reduced number of responsible companies, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.

A Watered-Down Law

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

This outcome is a far cry from the demands of over 1.2 million European citizens who supported an initiative in 2020 calling for a ban on goods linked to forest destruction.

At its launch in 2021, the EU's climate chief Frans Timmermans called it "the toughest legislation ever put forward to fight deforestation."

A Story of Dilution

The law's unravelling has been interpreted as the European Union retreating from its environmental promises. It faced two major postponements, reportedly over technical problems, which sparked criticism.

"By reopening this file rather than fixing a technical issue, the commission opened Pandora’s box," commented the Green MEP.

In its first draft, the law required companies to track commodities to their specific geographic origin using geolocation data, 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 explained. "It was the mechanism that made the rules enforceable, established traceability, and prevented firms from obscuring their activities behind opaque production networks."

Intense Lobbying

Yet, the strict due diligence triggered a backlash in Brussels from multinational corporations, producer countries, conservative political groups and EU logging states.

Analysts point to last year's European Parliament elections as a decisive moment, shifting the balance of power more skeptical of environmental rules.

"The other pressure came from major export markets outside the EU," noted expert Andreas Rasche, implying the EU yielded to some demands in trade talks.

The Weakened Final Text

The passed law features key dilutions:

  • Downstream operators were mostly exempted from submitting due diligence statements.
  • A new exemption for small operators was introduced.
  • A option for more reductions was opened for next spring.
  • Only a handful of nations – geopolitical adversaries of the EU – will face “high risk” scrutiny.

"Instead of tightening rules for companies, it rolled them back," said 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.

"We feel very annoyed because we invested significant resources 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

A commission spokesperson defended the outcome, stating: "We have listened to feedback and acted to ensure a simple, fair and cost-efficient application."

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

Maria Baker
Maria Baker

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