EU Anti-Deforestation Law Effectively 'Dismantled' Despite High Hopes
It was a pioneering law that would help stop the global crisis of deforestation.
But, the revised version of the European Union's deforestation regulation, previously touted as the flagship policy of the Green Deal, has been passed in a severely weakened state, leading to alarm from its initial author and environmental politicians.
"It has been gutted," said the law's original author, pointing to the exclusion of crucial requirements for later-stage companies to check the origin of commodities like palm oil, soy, wood, beef, rubber, cocoa and coffee.
Schally cautioned that a reduced number of responsible companies, less information collected, and imprecise sourcing details would complicate the task of authorities.
A Watered-Down Law
Environmental MEP Marie Toussaint went further, labeling the postponements, exceptions and new loopholes – such as one for printed products – as the "political dismantling" of the law.
This final text stands in stark contrast to the demands of more than a million European citizens who supported an initiative in 2020 calling for a ban on deforestation-linked products.
At its launch in 2021, the EU's climate chief the European commissioner called it "the most ambitious law proposed to combat forest loss."
A Story of Dilution
The regulation's dilution has been interpreted as the European Union retreating from its green talk. The proposal encountered two major postponements, reportedly over IT issues, which sparked criticism.
"By revisiting the legislation rather than fixing a technical issue, the commission opened Pandora’s box," remarked the Green MEP.
In its first draft, the regulation required companies to track commodities to their specific geographic origin using GPS coordinates, holding them accountable for deforestation in their supply chains with penalties and hefty fines.
"It wasn't bureaucracy for its own sake," Schally said. "It was the mechanism 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 large companies, exporting nations, rightwing parties and EU logging states.
Analysts point to last year's EU elections as a decisive moment, creating a new political majority more skeptical of green regulations.
"The other pressure has come from major export markets like the United States," said expert Andreas Rasche, suggesting the EU yielded to some demands in trade talks.
Key Loopholes Introduced
The passed law includes several critical weakenings:
- Downstream operators were mostly exempted from submitting due diligence statements.
- A new “low risk” category was introduced.
- A window for further "simplifications" was established for next spring.
- Only four countries – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.
"Rather than strengthening downstream obligations, it stripped them back," lamented Schally. "Moving obligations upstream, it lessened the number of responsible firms."
Business Frustration
The protracted process and revisions have also caused frustration for companies that prepared in advance.
"It is very frustrating because we invested significant resources into preparing," said a coffee company executive. "We purchased systems, trained staff and established procedures... now they’re saying it could be altered again. It’s a big frustration."
The Commission's Stance
A commission spokesperson supported the final law, saying: "We have listened to feedback and acted to ensure a simple, fair and cost-efficient implementation."
"The revised regulation provides for predictability, which is key for business and competent authorities to effectively enforce this vitally important regulation."