EU Deforestation Regulation Largely 'Gutted' Despite Initial Fanfare

It was a pioneering regulation that would help stop the worldwide scourge of deforestation.

However, the final version of the EU's anti-deforestation law, once touted as the crown jewel of the European Green Deal, has emerged in a severely weakened state, leading to alarm from its original architect and environmental politicians.

"It has been stripped," stated the law's original author, pointing to the removal of crucial requirements for later-stage companies to check the origin of products like palm oil, soy, wood, beef, rubber, cocoa and coffee.

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

Political Dismantling

Green party vice-president a leading green politician was more blunt, describing the delays, loopholes and exemptions – including one for paper goods – as the "political dismantling" of the law.

This final text stands in stark contrast to the demands of more than a million EU citizens who supported an initiative in 2020 calling for a ban on deforestation-linked products.

At its launch in 2021, the EU's climate chief Frans Timmermans trumpeted it as "the most ambitious legislation ever put forward to fight forest loss."

A Story of Dilution

The law's unravelling has been interpreted as the EU walking back its green talk. It faced two major postponements, reportedly over technical problems, which drew condemnation.

"By reopening this file rather than fixing a simple IT problem, authorities invited political interference," remarked the Green MEP.

In its first draft, the regulation mandated that firms to track goods to their exact plot of land using GPS coordinates, holding them accountable for forest loss along their supply lines with penalties and large financial penalties.

"This was not red tape for its own sake," the former official said. "These rules were the tool that made the rules enforceable, established traceability, and prevented firms from obscuring their activities behind complex supply chains."

Intense Lobbying

Yet, the strict due diligence provoked opposition in the EU capital from large companies, exporting nations, rightwing parties and EU logging states.

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

"Additional intense pressure came from major export markets outside the EU," noted expert Andreas Rasche, implying the EU yielded to some requests during negotiations.

The Weakened Final Text

In the final legislation features key dilutions:

  • Downstream operators were mostly exempted from submitting due diligence statements.
  • A new “low risk” category was introduced.
  • A window for further "simplifications" was established for next spring.
  • Only four countries – geopolitical adversaries of the EU – will face the strictest monitoring.

"Rather than strengthening downstream obligations, it rolled them back," lamented Schally. "Moving obligations upstream, it reduced accountability."

Uncertainty for Companies

The delays and changes have also caused frustration for companies that prepared in advance.

"We feel very annoyed because we invested significant resources into preparing," stated Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it could be altered again. It’s a major letdown."

Official Defense

An EU representative defended the outcome, stating: "The commission has responded to concerns and taken action to ensure a simple, fair and cost-efficient application."

"The revised regulation provides for predictability, which is key for business and national regulators to successfully implement this vitally important regulation."

Melinda Sawyer
Melinda Sawyer

A tech journalist with a passion for exploring emerging technologies and their impact on everyday life.