EU Deforestation Regulation Largely 'Dismantled' After Initial Fanfare
It was a pioneering law that would help stop the global crisis of deforestation.
But, the revised version of the European Union's deforestation regulation, once heralded as the crown jewel of the Green Deal, has been passed in a significantly diluted state, prompting alarm from its original architect and environmental politicians.
"The regulation was hollowed out," stated the law's original author, citing the exclusion 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, fewer data points, and imprecise sourcing details would make enforcement and prosecution more difficult.
A Watered-Down Law
Environmental vice-president Marie Toussaint was more blunt, labeling the delays, loopholes and exemptions – such as one for paper goods – 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 demanding a ban on goods linked to forest destruction.
When launched in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the most ambitious legislation proposed to combat forest loss."
From Ambition to Compromise
The regulation's dilution has been interpreted as the EU walking back its green talk. It faced significant delays, reportedly over technical problems, which drew condemnation.
"By revisiting the legislation instead of solving a technical issue, authorities invited political interference," commented Toussaint.
Originally, the regulation required companies to trace goods back to their specific geographic origin using GPS coordinates, holding them accountable for deforestation in their supply chains 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, established traceability, and stopped companies from hiding behind complex supply chains."
Mounting Pressure
However, the strict due diligence provoked opposition in Brussels from multinational corporations, producer countries, rightwing parties and EU logging states.
Analysts point to last year's EU elections as a decisive moment, creating a new political majority less favorable toward green regulations.
"The other pressure came from big trading partners outside the EU," said corporate sustainability professor, suggesting the commission gave in to some requests during negotiations.
The Weakened Final Text
The passed law includes several critical weakenings:
- Retailers and traders were largely freed from submitting due diligence statements.
- A new exemption for small operators was created.
- A option for more reductions was opened for next spring.
- Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.
"Instead of tightening rules for companies, it rolled them back," lamented the law's author. "Moving obligations upstream, 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," stated Xavier Rombouts. "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, stating: "We have listened to concerns and taken action to ensure a simple, fair and cost-efficient implementation."
"The revised regulation ensures stability, which is crucial for companies and national regulators to effectively enforce this vitally important law."