EU Deforestation Regulation Largely 'Watered Down' After Initial Fanfare

Widely celebrated as a pioneering law that would combat the global scourge of deforestation.

But, the revised version of the European Union's deforestation regulation, previously heralded as the flagship policy of the European Green Deal, has emerged in a severely weakened state, leading to alarm from its initial author and environmental politicians.

"The regulation was hollowed out," stated the law's original author, pointing to the exclusion of key obligations for downstream traders to verify the origin of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.

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 MEP Marie Toussaint was more blunt, 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 over 1.2 million EU citizens who supported an initiative in 2020 demanding a ban on goods linked to forest destruction.

When launched in 2021, then-Green Deal commissioner the European commissioner called it "the toughest law ever put forward 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 two major postponements, reportedly over technical problems, which sparked criticism.

"By reopening this file rather than fixing a technical issue, the commission opened Pandora’s box," remarked Toussaint.

Originally, the regulation mandated that firms to track commodities to their specific geographic origin using GPS coordinates, holding them accountable for deforestation in their supply chains with criminal charges and hefty fines.

"It wasn't bureaucracy for its own sake," the former official explained. "These rules were the tool that made the rules enforceable, created a verifiable paper trail, and stopped companies from hiding 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.

Analysts point to last year's European Parliament elections as a decisive moment, creating a new political majority less favorable toward green regulations.

"Additional intense pressure came from big trading partners outside the EU," said corporate sustainability professor, suggesting the EU yielded to some demands in trade talks.

Key Loopholes Introduced

The passed law includes key dilutions:

  • Downstream operators were largely freed from submitting due diligence statements.
  • A new “low risk” category was created.
  • A option for more reductions was opened for next spring.
  • Only four countries – geopolitical adversaries of the EU – will face the strictest monitoring.

"Instead of tightening rules for companies, it rolled them back," said Schally. "By shifting responsibilities to producers, it reduced accountability."

Business Frustration

The protracted process and revisions have also created annoyance for companies that prepared in advance.

"It is very frustrating because we invested significant resources into complying," said a coffee company executive. "We invested in software, followed seminars and built a team... now they’re saying it may be changed. It’s a big frustration."

The Commission's Stance

An EU representative defended the outcome, saying: "The commission has responded to concerns and acted to ensure a pragmatic and balanced application."

"The new text provides for predictability, which is key for business and national regulators to effectively enforce this very important law."

Melody Nelson
Melody Nelson

A German gaming analyst with over a decade of experience in online casino reviews and regulatory compliance.