European Union Anti-Deforestation Law Effectively 'Gutted' After Initial Fanfare
Widely celebrated as a pioneering regulation that would help stop the worldwide crisis of deforestation.
However, the final version of the European Union's anti-deforestation law, previously touted as the crown jewel of the Green Deal, has emerged in a severely weakened state, leading to alarm from its initial author and green lawmakers.
"The regulation was gutted," stated Hugo Schally, citing the removal of crucial requirements for downstream traders to check the provenance of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that a reduced number of responsible companies, less information collected, and less precise origin data would hinder monitoring and legal action.
A Watered-Down Law
Green party MEP a leading green politician was more blunt, labeling the postponements, exceptions and new loopholes – including one for printed products – as the "systematic weakening" of the law.
This final text stands in stark contrast to the hopes of over 1.2 million EU citizens who signed a petition in 2020 demanding a prohibition of goods linked to forest destruction.
When launched in 2021, the EU's climate chief Frans Timmermans called it "the most ambitious law ever put forward to fight forest loss."
From Ambition to Compromise
The law's unravelling has been interpreted as the European Union retreating from its environmental promises. The proposal encountered two major postponements, reportedly over IT issues, which sparked criticism.
"By reopening this file rather than fixing a technical issue, the commission opened Pandora’s box," remarked Toussaint.
In its first draft, the law required companies to track goods back to their specific geographic origin using GPS coordinates, making them liable for forest loss along their supply lines with penalties and hefty fines.
"This was not red tape for its own sake," Schally said. "It was the mechanism that ensured enforcement, created a verifiable paper trail, and prevented firms from obscuring their activities behind opaque production networks."
Intense Lobbying
However, the strict due diligence triggered a backlash in the EU capital from large companies, producer countries, rightwing parties and EU logging states.
Analysts point to last year's EU elections as a decisive moment, creating a new political majority less favorable toward environmental rules.
"The other pressure has come from big trading partners outside the EU," noted corporate sustainability professor, implying the EU yielded to some requests during negotiations.
Key Loopholes Introduced
The passed law includes several critical weakenings:
- Retailers and traders were mostly exempted from submitting due diligence statements.
- A new “low risk” category was introduced.
- A option for more reductions 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," said the law's author. "By shifting responsibilities upstream, it reduced accountability."
Uncertainty for Companies
The protracted process and revisions have also caused frustration for businesses that complied early.
"We feel very annoyed because we put a lot of effort into complying," stated Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it may be changed. It’s a major letdown."
Official Defense
An EU representative defended the outcome, stating: "We have listened 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 effectively enforce this very important law."