EU Anti-Deforestation Law Effectively 'Dismantled' Despite Initial Fanfare
It was a pioneering piece of legislation that would help stop the worldwide scourge of forest loss.
But, the revised version of the European Union's deforestation regulation, previously heralded as the flagship policy of the Green Deal, has emerged in a severely weakened state, prompting criticism from its initial author and green lawmakers.
"The regulation was hollowed out," stated Hugo Schally, citing the exclusion of crucial requirements for downstream traders to verify the provenance of products like palm oil, soy, wood, beef, rubber, cocoa and coffee.
He warned that a reduced number of responsible companies, fewer data points, and imprecise sourcing details would make enforcement and prosecution more difficult.
Political Dismantling
Green party vice-president Marie Toussaint was more blunt, labeling the delays, loopholes and exemptions – including one for printed products – as the "political dismantling" of the law.
This outcome is a far cry from the hopes of over 1.2 million EU citizens who signed a petition in 2020 calling for a ban on goods linked to forest destruction.
When launched in 2021, the EU's climate chief Frans Timmermans called it "the toughest legislation ever put forward to fight forest loss."
From Ambition to Compromise
The law's unravelling is seen by critics as the EU walking back its green talk. The proposal encountered two major postponements, ostensibly over technical problems, which drew condemnation.
"By reopening this file instead of solving a technical issue, authorities invited political interference," commented Toussaint.
In its first draft, the law required companies to trace commodities back to their specific geographic origin using geolocation data, 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 ensured enforcement, established traceability, and prevented firms from obscuring their activities behind complex supply chains."
Mounting Pressure
Yet, the rigorous checks triggered a backlash in Brussels from multinational corporations, producer countries, rightwing parties and EU logging states.
Analysts point to last year's European Parliament 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," noted expert Andreas Rasche, implying the EU yielded to some demands in trade talks.
The Weakened Final Text
The passed law includes several critical weakenings:
- Downstream operators were largely freed from submitting due diligence statements.
- A new exemption for small operators was created.
- A window for further "simplifications" was established for next spring.
- Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.
"Instead of tightening downstream obligations, it rolled them back," lamented Schally. "By shifting responsibilities upstream, it lessened the number of responsible firms."
Business Frustration
The protracted process and revisions have also created annoyance for companies that prepared in advance.
"We feel very annoyed 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."
Official Defense
A commission spokesperson supported the final law, stating: "The commission has responded to feedback and acted to ensure a simple, fair and cost-efficient application."
"The new text provides for predictability, which is key for business and competent authorities to successfully implement this very important regulation."