EU Deforestation Law Effectively 'Gutted' After Initial Fanfare

Widely celebrated as a pioneering piece of legislation that would combat the global scourge of forest loss.

However, the revised version of the European Union's deforestation regulation, previously heralded as the flagship policy of the European Green Deal, has been passed in a significantly diluted state, prompting alarm from its initial author and green lawmakers.

"It has been hollowed out," said Hugo Schally, citing the exclusion of crucial requirements for downstream traders to verify the provenance of commodities like palm oil, soy, wood, beef, rubber, cocoa and coffee.

He warned that fewer obligated actors, less information collected, and imprecise sourcing details would complicate the task of authorities.

A Watered-Down Law

Green party vice-president a leading green politician went further, labeling the delays, loopholes and exemptions – including one for paper goods – as the "systematic weakening" of the law.

This final text is a far cry from the hopes of over 1.2 million EU citizens who supported an initiative in 2020 calling for a ban on deforestation-linked products.

When launched in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the most ambitious law proposed to fight forest loss."

From Ambition to Compromise

The law's unravelling has been interpreted as the EU walking back its green talk. The proposal encountered significant delays, reportedly over technical problems, which sparked criticism.

"By revisiting the legislation instead of solving a simple IT problem, the commission opened Pandora’s box," remarked the Green MEP.

Originally, the regulation mandated that firms to trace goods back to their specific geographic origin using geolocation data, holding them accountable for deforestation in their supply chains with penalties and hefty fines.

"It wasn't bureaucracy for its own sake," the former official explained. "It was the mechanism that ensured enforcement, created a verifiable paper trail, and prevented firms from obscuring their activities behind opaque production networks."

Intense Lobbying

Yet, the strict due diligence triggered a backlash in the EU capital from large companies, exporting nations, conservative political groups and member states with forestry industries.

Experts cite last year's European Parliament elections as a decisive moment, creating a new political majority less favorable toward environmental rules.

"Additional intense pressure has come from big trading partners like the United States," noted expert Andreas Rasche, suggesting the EU yielded to some requests during negotiations.

Key Loopholes Introduced

The passed law includes key dilutions:

  • Downstream operators were mostly exempted from conducting rigorous checks.
  • A new “low risk” category was created.
  • A window for further "simplifications" was opened for next spring.
  • Only four countries – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.

"Rather than strengthening downstream obligations, it rolled them back," said the law's author. "Moving obligations upstream, it lessened the number of responsible firms."

Uncertainty for Companies

The protracted process and revisions have also caused frustration for businesses that complied early.

"We feel very annoyed because we put a lot of effort into complying," said 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

A commission spokesperson defended the outcome, stating: "The commission has responded to concerns and acted 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 regulation."

Robert Hardy
Robert Hardy

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