European Union Anti-Deforestation Regulation Largely 'Gutted' After High Hopes
It was a landmark law that would help stop the worldwide scourge of forest loss.
But, the final version of the EU's anti-deforestation law, once heralded as the crown jewel of the European Green Deal, has emerged in a significantly diluted state, prompting alarm from its initial author and environmental politicians.
"It has been gutted," said Hugo Schally, citing the exclusion of crucial requirements for downstream traders to check the origin of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.
He warned that fewer obligated actors, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.
Political Dismantling
Green party MEP a leading green politician went further, labeling the delays, loopholes and exemptions – including one for printed products – as the "systematic weakening" of the law.
This outcome is a far cry from the hopes of more than a million EU citizens who supported an initiative in 2020 calling for a ban on deforestation-linked products.
When launched in 2021, the EU's climate chief the European commissioner called it "the most ambitious legislation ever put forward to combat deforestation."
From Ambition to Compromise
The law's unravelling has been interpreted as the European Union retreating from its environmental promises. It faced two major postponements, ostensibly over IT issues, which sparked criticism.
"By revisiting the legislation instead of solving a simple IT problem, authorities invited political interference," commented Toussaint.
Originally, the law required companies to track commodities back to their specific geographic origin using geolocation data, holding them accountable for deforestation in their supply chains with penalties and large financial penalties.
"It wasn't bureaucracy for its own sake," the former official said. "These rules were the tool that made the rules enforceable, established traceability, and prevented firms from obscuring their activities behind opaque production networks."
Intense Lobbying
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 environmental rules.
"The other pressure has come from big trading partners like the United States," said corporate sustainability professor, implying the EU yielded to some requests during negotiations.
The Weakened Final Text
The passed law features several critical weakenings:
- Downstream operators were mostly exempted from submitting due diligence statements.
- A new “low risk” category was introduced.
- A option for more reductions was opened 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 stripped them back," lamented the law's author. "By shifting responsibilities to producers, it reduced accountability."
Uncertainty for Companies
The protracted process and revisions have also created annoyance for businesses that complied early.
"It is very frustrating because we invested significant resources into complying," stated a coffee company executive. "We invested in software, followed seminars and built a team... now they’re saying it could be altered again. It’s a major letdown."
The Commission's Stance
A commission spokesperson defended the outcome, stating: "The commission has responded to feedback and taken action to ensure a simple, fair and cost-efficient application."
"The new text ensures stability, which is key for business and national regulators to successfully implement this vitally important regulation."