EU Deforestation Regulation Effectively 'Dismantled' Despite Initial Fanfare
Originally hailed as a pioneering piece of legislation that would combat the worldwide scourge of deforestation.
But, the final version of the EU's deforestation regulation, once heralded as the crown jewel of the Green Deal, has been passed in a severely weakened state, prompting criticism from its initial author and environmental politicians.
"It has been gutted," said the law's original author, pointing to the removal of crucial requirements for downstream traders to verify the provenance of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that fewer obligated actors, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.
Political Dismantling
Green party vice-president Marie Toussaint went further, describing the delays, loopholes and exemptions – such as one for printed products – as the "systematic weakening" of the law.
This final text stands in stark contrast to the demands of more than a million EU citizens who signed a petition in 2020 calling for a ban on goods linked to forest destruction.
At its launch in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the toughest law proposed to fight forest loss."
A Story of Dilution
The law's unravelling has been interpreted as the EU walking back its environmental promises. The proposal encountered two major postponements, reportedly over technical problems, which sparked criticism.
"By reopening this file instead of solving a technical issue, authorities invited political interference," remarked the Green MEP.
Originally, the law required companies to track commodities back to their specific geographic origin using GPS coordinates, making them liable for forest loss along their supply lines with criminal charges and hefty fines.
"This was not red tape for its own sake," the former official said. "It was the mechanism that ensured enforcement, created a verifiable paper trail, and stopped companies from hiding behind opaque production networks."
Mounting Pressure
However, the rigorous checks provoked opposition in Brussels from large companies, exporting nations, rightwing parties and EU logging states.
Analysts point to last year's EU elections as a turning point, shifting the balance of power less favorable toward environmental rules.
"The other pressure came from big trading partners like the United States," said expert Andreas Rasche, suggesting the EU yielded to some requests during negotiations.
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 created.
- A window for further "simplifications" was opened for next spring.
- Only four countries – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.
"Instead of tightening downstream obligations, it stripped them back," lamented the law's author. "By shifting responsibilities upstream, it reduced accountability."
Uncertainty for Companies
The protracted process and revisions have also caused frustration for companies that prepared in advance.
"It is very frustrating because we invested significant resources into complying," 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."
The Commission's Stance
A commission spokesperson supported the final law, saying: "We have listened to concerns and taken action to ensure a pragmatic and balanced implementation."
"The revised regulation ensures stability, which is crucial for companies and competent authorities to effectively enforce this very important law."