European Union Deforestation Regulation Largely 'Watered Down' Despite Initial Fanfare

Widely celebrated as a pioneering piece of legislation that would curb the worldwide crisis of forest loss.

However, the final version of the European Union's anti-deforestation law, previously heralded as the crown jewel of the Green Deal, has emerged in a significantly diluted state, leading to alarm from its initial author and green lawmakers.

"The regulation was gutted," said Hugo Schally, pointing to the exclusion of crucial requirements for downstream traders to verify the origin of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.

He warned that a reduced number of responsible companies, less information collected, and imprecise sourcing details would complicate the task of authorities.

A Watered-Down Law

Environmental MEP a leading green politician was more blunt, labeling the delays, loopholes and exemptions – such as one for printed products – as the "political dismantling" of the law.

This outcome stands in stark contrast to the demands of more than a million European citizens who signed a petition in 2020 calling for a ban on deforestation-linked products.

At its launch in 2021, the EU's climate chief the European commissioner called it "the most ambitious legislation ever put forward to fight deforestation."

From Ambition to Compromise

The regulation's dilution is seen by critics as the European Union retreating from its environmental promises. It faced significant delays, ostensibly over technical problems, which sparked criticism.

"By reopening this file instead of solving a technical issue, the commission opened Pandora’s box," remarked the Green MEP.

Originally, the regulation required companies to trace goods back to their specific geographic origin using geolocation data, making them liable for deforestation in their supply chains with penalties and hefty fines.

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

Intense Lobbying

Yet, the strict due diligence triggered a backlash in Brussels from large companies, producer countries, rightwing parties and member states with forestry industries.

Experts cite last year's European Parliament elections as a turning point, creating a new political majority more skeptical of green regulations.

"Additional intense pressure came from major export markets outside the EU," said corporate sustainability professor, suggesting the EU yielded to some demands in trade talks.

The Weakened Final Text

In the final legislation includes several critical weakenings:

  • Downstream operators were largely freed from conducting rigorous checks.
  • A new “low risk” category was introduced.
  • A window for further "simplifications" was opened 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," said the law's author. "By shifting responsibilities to producers, it lessened the number of responsible firms."

Uncertainty for Companies

The protracted process and revisions have also caused frustration for companies that prepared in advance.

"We feel very annoyed because we put a lot of effort into preparing," said Xavier Rombouts. "We purchased systems, trained staff and established procedures... now they’re saying it could be altered again. It’s a major letdown."

Official Defense

A commission spokesperson defended the outcome, stating: "We have listened to feedback and acted to ensure a pragmatic and balanced application."

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

Mark Brown
Mark Brown

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