South American Forest Fires Highlight Effects of Delaying EU Deforestation Law

While forests in South America and other regions are destroyed at an alarming rate, European politicians turn their eyes and refuse to see the urgency of this worldwide catastrophic loss of forests. September 2024, again, brought unprecedented devastation by forest fires across South America, particularly in the Amazon and Pantanal regions. Analysis shows that in 2023, the world lost some 37,000 square kilometers of tropical forest, despite voluntary commitments of countries to reverse and halt deforestation by 2023.

Advocacy for a strong anti-deforestation policies

Both ENDS and Southern counterpart CSOs and indigenous federations therefore have been advocating for many years for proactive European legislation to mitigate the negative footprint of trade and investment on forests, tropical forests in particular. In 2018 Both ENDS and Forest Peoples Programme facilitated a large delegation of indigenous representatives from the three tropical continents to the European Commission, the European Parliament and EU member states governments. Similar missions were co-organised by Both ENDS in subsequent years to enable indigenous spokespersons whose communities are hard hit by deforestation as a direct result of Euopean imports, trade and investments; e.g. in relation to the Dutch government’s failing implementation of its own official timber procurement policy – thereby allowing for the import of unsustainably sourced, and possibly illegal, timber from Malaysia. 

According to a recent Earthsight report it is evident that deforestation surges in the wake of lax enforcement and weak environmental policies. A recent analysis by The Guardian highlights how products like soy, palm oil, and beef continue to be associated with deforestation, making it imperative for binding regulations. In this context, the delay of the EU’s Deforestation Regulation - designed to restrict trade in products linked to deforestation is incomprehensible.

Delay of deforestation regulation follows lobbying by states and business

The delay follows intensive lobbying by some private sectors and by governments from outside the EU and notably from some EU member states and retail businesses. Both ENDS meanwhile fully supported a call to action to the EU President to not delay activating the law, endorsed by over 220 organisations. 

The European Parliament now endorsing the European Commission’s proposal to delay implementation by a year will certainly exacerbate forest loss. The delay undermines efforts to tackle illegal deforestation and protect vulnerable ecosystems, leaving crucial regions like the Amazon and Pantanal teetering on the brink of reaching irreversible tipping points when their ecosystems are no longer able to bounce back. 

On a more positive note, attempts by some European Parliamentarians to water down the law, e.g. by including a waver for products from so called ‘low-risk countries’ (read EU members states) has fortunately not been endorsed. Including this exemption would arguably have led to the EU discriminating against non-EU countries. 

There are legitimate criticisms about details of the EU Deforestation Regulation, and Both ENDS is part of a larger group of NGOs which have offered constructive input to help strengthen the law. However, postponing the implementation of the EUDR sends the wrong signal to producers: namely, that environmental standards are negotiable, which in turn will lead to further deforestation. And as the EC itself estimates, every year implementation of the EUDR is postponed results in failing to avoid destruction to the magnitude some 2,300 sq km of forest per annum – with resulting emissions being equivalent to those from 18 million cars. 

Climate change is already leading to irreversible tipping points

Research upon research shows how urgent the deforestation situation is. Increased deforestation has resulted in more severe dry seasons, creating ideal conditions for wildfires to spread. Fires not only destroy critical habitats but also release massive amounts of carbon dioxide, contributing to global climate change. 

Both ENDS has consistently emphasized that deforestation and climate change are closely interlinked. Deforestation has a catalytic effect driving climate change due to reduced forest-based CO2 sequestration, and increased GHG emissions, such as from forest in the Amazone and exposure of soils. Climate change impacts are further exacerbated since the shade and cooling down effect of forests diminishes, and large populations become directly exposed to heat. Both ENDS civil society counterparts confirm scientific observations and projections, namely that resulting droughts, floods, and soil erosion as direct consequence of deforestation in the Amazone are already creating havoc on agriculture. Similar ripple effects become tangible in other regions, which may lead to serious food shortages, as exemplified by the developments in Indonesia.

EU has failed to engage non-EU producer countries and their local communities

Both ENDS and partners have also consistently called upon the EC and the Dutch government to enter into collaboration with governments, civil society and other experts in the tropics to curb deforestation; thereby emphasising the local indigenous communities often for the last buffer against deforestation as they have unique traditional knowledge and show commitment to defend their forest territories against external destructive invasions by e.g. mining corporations or large agri firms. Nevertheless, as the organisation Fern indicates, the EU has fallen short of reaching out to non-EU producer countries to jointly explore best ways to implement the EUDR. Both ENDS strongly echoes the concern that the EU and notably many of its counterpart producer countries’ governments from the tropics have also seriously fallen short of engaging affected populations and civil society. 

Both ENDS also reiterates that indigenous forest-dependent communities not only seek to voice their concerns about deforestation, but also propose concrete solutions. 

Crocodile tears by governments

Both ENDS wishes to emphasize that the EU, EU members states, other producing countries and the industry have had many years to prepare for the implementation of this law; but many failed to do so. It also deserves emphasis, however, that many companies have in fact made efforts to comply with the EUDR, and may suffer because of its delayed implementation. What seems lacking is a concerted approach by the EU members states and their respective competent ‘authorities’ tasked with the law’s implementation. 

A leading objection against the EUDR by producer countries from the tropics, such as Indonesia and Malaysia, is that it would gatecrash and exclude small holders from entering their produce on the EU market. European CSOs and their counterparts in these countries have time and time again raised this concern. At the same time, Both ENDS also observes much dismal about the fact that tropical country governments have, conveniently, shed many crocodile tears over small holders, in the media and during negotiations with the EU; whilst in fact these same governments have by and large often failed to assist and guide their own small holders adequately. The challenges small holders face to get their license from the national sustainability certification scheme Indonesia Sustainable Palm Oil (ISPO) is a case in point, as the chair of the Indonesian Palm Oil Association (GAPKI) explains. 

No time to waste

The Conference of the Parties of the Convention on Biodiversity that took place in Colombia negotiated much needed steps as we confront three global existential crises caused by human actions—biodiversity collapse, climate change, and global health and pandemics. Against this backdrop, the delay of the EUDR appears minimally ill-timed and at worst a fatal blow to the credibility of the EU’s commitments to environmental protection and climate action. 

Both ENDS therefore supports a call to action to the EU for immediate and decisive action to protect forests, because any day longer without binding regulation for their protection brings us closer to irreversible destruction of our world’s vital habitats and irreversible climate change and societal collapse. That this is no exaggeration is reiterated by a group of the world’s most senior climate experts who emphasize ‘Many of the Earth’s “vital signs” have hit record extremes,' indicating that “the future of humanity hangs in the balance”.

There is thus no time to waste - not waiting for the EU to move, Both ENDs and its network of over 500 Southern counterparts and many Northern allies continue to work towards inclusive forest conservation, biodiversity protection and just climate practices and policies.