European Union Deforestation Regulation Effectively 'Gutted' After High Hopes
Originally hailed as a groundbreaking regulation that would combat the worldwide scourge of deforestation.
However, the revised version of the EU's deforestation regulation, once heralded as the crown jewel of the Green Deal, has emerged in a severely weakened state, prompting alarm from its initial author and green lawmakers.
"It has been gutted," said Hugo Schally, pointing to the exclusion of crucial requirements for downstream traders to verify the origin of commodities like palm oil, soy, wood, beef, rubber, cocoa and coffee.
Schally cautioned that a reduced number of responsible companies, less information collected, and imprecise sourcing details would make enforcement and prosecution more difficult.
Political Dismantling
Environmental vice-president Marie Toussaint was more blunt, labeling the postponements, exceptions and new loopholes – such as one for printed products – as the "political dismantling" 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 deforestation-linked products.
When launched in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the toughest legislation proposed to combat deforestation."
A Story of Dilution
The law's unravelling has been interpreted as the European Union retreating from its green talk. The proposal encountered significant delays, ostensibly over technical problems, which sparked criticism.
"By revisiting the legislation instead of solving a simple IT problem, the commission opened Pandora’s box," remarked Toussaint.
Originally, the regulation required companies to trace commodities 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 said. "These rules were the tool that ensured enforcement, established traceability, and prevented firms from obscuring their activities behind complex supply chains."
Mounting Pressure
Yet, the rigorous checks triggered a backlash in Brussels from large companies, producer countries, rightwing parties and EU logging states.
Experts cite last year's European Parliament elections as a turning point, creating a new political majority less favorable toward green regulations.
"The other pressure came from major export markets outside the EU," noted corporate sustainability professor, suggesting the commission gave in to some demands in trade talks.
The Weakened Final Text
In the final legislation includes key dilutions:
- Retailers and traders were mostly exempted from submitting due diligence statements.
- A new exemption for small operators was created.
- A option for more reductions was established for next spring.
- Only a handful of nations – 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 upstream, it reduced accountability."
Business Frustration
The protracted process and revisions have also created annoyance for businesses that complied early.
"It is very frustrating because we put a lot of effort into preparing," said Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it may be changed. It’s a major letdown."
Official Defense
An EU representative supported the final law, saying: "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 very important regulation."