It was a pioneering piece of legislation that would curb the worldwide scourge of forest loss.
However, the final version of the European Union's deforestation regulation, once touted as the crown jewel of the Green Deal, has been passed in a significantly diluted state, prompting alarm from its initial author and green lawmakers.
"The regulation was gutted," stated the law's original author, citing the exclusion of crucial requirements for later-stage companies to check the origin of commodities like palm oil, soy, wood, beef, rubber, cocoa and coffee.
Schally cautioned that a reduced number of responsible companies, less information collected, and imprecise sourcing details would make enforcement and prosecution more difficult.
Green party MEP Marie Toussaint went further, labeling the delays, loopholes and exemptions – such as one for printed products – as the "systematic weakening" of the law.
This final text is a far cry from 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, the EU's climate chief the European commissioner called it "the toughest law ever put forward to fight deforestation."
The regulation's dilution is seen by critics as the EU walking back its environmental promises. The proposal encountered significant delays, reportedly over technical problems, which drew condemnation.
"By reopening this file instead of solving a technical issue, the commission opened Pandora’s box," remarked Toussaint.
In its first draft, the regulation required companies to track commodities to their exact plot of land using geolocation data, making them liable for forest loss along their supply lines with criminal charges and hefty fines.
"It wasn't bureaucracy for its own sake," the former official said. "It was the mechanism that made the rules enforceable, established traceability, and stopped companies from hiding behind opaque production networks."
Yet, the rigorous checks provoked opposition in the EU capital from multinational corporations, exporting nations, rightwing parties and member states with forestry industries.
Experts cite last year's EU elections as a turning point, shifting the balance of power more skeptical of green regulations.
"Additional intense pressure came from big trading partners like the United States," noted expert Andreas Rasche, suggesting the commission gave in to some requests during negotiations.
In the final legislation includes several critical weakenings:
"Instead of tightening rules for companies, it rolled them back," said Schally. "Moving obligations upstream, it reduced accountability."
The delays and changes have also caused frustration for businesses that complied early.
"We feel very annoyed because we put a lot of effort into complying," stated a coffee company executive. "We purchased systems, trained staff and established procedures... now they’re saying it may be changed. It’s a major letdown."
A commission spokesperson supported the final law, stating: "The commission has responded to feedback and acted to ensure a simple, fair and cost-efficient implementation."
"The new text provides for predictability, which is key for business and competent authorities to successfully implement this vitally important law."
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