WWF reaction to EU law to stop deforestation and how it can impact COP15 negotiations

Guido Broekhoven, Head of Policy Research and Development, WWF said:
“Deforestation, bad agricultural practices along with opaque supply chains have long driven unprecedented biodiversity loss with many of these practices being egged on by a lack of rules that fail to attack the problems at the root cause. The EU’s groundbreaking law to stop deforestation is a historic moment and a bold initial step towards reversing unsustainable production and consumption in some of the world’s highest consuming countries. At COP15, we need leaders to build on this momentum and take an even bolder next step of including a commitment to halve the global footprint of production and consumption by 2030 in the Global Biodiversity Framework through a just transformation of productive sectors.

The negotiations on the Framework happening now must not ignore the progress we have now achieved with this landmark ruling, which, while not perfect, will increase the EU’s credibility by showing it is willing to lead on nature. Instead leaders must apply similar ambition, if not more, to transform our relationship with nature, and include action to address the drivers of nature loss, including those brought about by devastatingly high current global levels of production and consumption.“

Mauricio Voivodic, executive director of WWF-Brazil, said:

”[i]The approval of European legislation is an important milestone in the fight to end deforestation and conversion. While it should have included the Cerrado to have a broader effect in Brazil, it was important that the final text recognized and included the rights of indigenous peoples. For Brazil, it is a clear and unequivocal message that the only path to agribusiness prosperity is to eliminate, as quickly as possible, deforestation and the conversion of production chains[/i"

WWF EPO said:

The EU will no longer allow products that are linked to the destruction of forests onto the EU market. A couple of hours ago, EU decision-makers concluded negotiations for an EU deforestation law, reaching a historic agreement. This regulation is the first in the world to tackle global deforestation and will significantly reduce the EU’s footprint on nature. This outcome is a significant win of WWF’s global #Together4Forests campaign, which has brought together more than 210 NGOs to fight for a strong EU law against deforestation over the last two years.

Anke Schulmeister-Oldenhove, Senior Forest Policy Officer at WWF’s European Policy Office, said: “We have made history with this world-first law against deforestation. As a major trading bloc, the EU will not only change the rules of the game for consumption within its borders, but will also create a big incentive for other countries fueling deforestation to change their policies. The law is not perfect but it includes strong elements.”

“This deal shows that 1.2 million citizens, 217 NGOs across the world, scientists, indigenous leaders and progressive companies that have actively supported the #Together4Forests campaign have been listened to at last. Deforestation will no longer end up on the supermarket shelves and dinner plates in the EU - this is a massive win for our campaign. Civil society has shown its power once more!” said Liesbeth Van den Bossche, EU Campaign Manager at the WWF European Policy Office.

The EU is one of the world’s largest importers of tropical deforestation and associated emissions, second only to China.

What’s really good

One of the most unique aspects of this law is that new rules will go beyond legality: in order to enter the EU market, products must not only be legal according to the producing country’s standards, but also free of deforestation and forest degradation. Negotiators have also agreed to keep the level of ambition in the Commission’s proposal by covering a wide range of products, including soy, palm oil, beef and coffee, crucial timber products such as printed products, as well as rubber.

Notably, this law will also provide consumers with the certainty that products have been traced back to  where they were produced, preventing potential loopholes in the first stages of the supply chain.

A law is only good if it is appropriately enforced. Despite some differences of opinion throughout the negotiations, decision-makers agreed that percentage-based annual checks on companies and products will be included to control whether or not they comply with the legislation. Penalties will have to cover at least 4% of turnover of a company in the EU.

What’s not so good

Despite a strong citizen mobilisation, decision-makers excluded a few important elements. Negotiators decided not to support the Parliament’s proposal to extend the scope immediately  to other wooded land such as savannahs, even though many of these  are already under immense pressure from agricultural conversion. These ecosystems are important carbon stores and a refuge for animals, in addition to providing  livelihoods for indigenous people and local communities. As a compromise, the Commission will conduct an impact assessment on the feasibility of including other natural ecosystems and will review this option one year after the implementation of the law. In addition, negotiators have agreed to set the cut-off date at 31 December 2020.

“It is a shame that other wooded land is not included from the start, as it would have made a huge difference for regions that are under constant threat, such as the Brazilian Cerrado - which might now face even more destruction as a result. The European Commission must now urgently start working on the impact assessment to have it ready in a year at the latest,” added Anke Schulmeister-Oldenhove.

Unfortunately, the definition of forest degradation is not sufficiently ambitious. It does not address the degradation within an existing forest but the conversion of a primary or naturally regenerating forest into a forest plantation.

Another missed opportunity was the lack of clear recognition of human rights, particularly of indigenous peoples and local communities. Concretely, there was no reference to relevant international conventions. The current text limits the scope of human rights to national laws: this means that if certain rights of Indigenous peoples or local communities are not reflected in national legislation, they will not not be protected under the EU law either. 

What’s next

Now that the main cornerstones of the new law have been agreed upon, negotiators will meet in the coming weeks to iron out a few remaining details and finalise the text. 

The #Together4Forests movement, backed by more than 210 NGOs the world over, will follow the implementation of this law closely over the coming years. “This is not over yet, just the first step. We have the foundations to end deforestation, but now we need to make it happen,” concluded Anke Schulmeister-Oldenhove.