EU Anti-Deforestation Regulation Largely 'Gutted' After Initial Fanfare
Widely celebrated as a pioneering law that would curb the global crisis of forest loss.
But, the revised version of the EU's anti-deforestation law, once touted as the crown jewel of the European Green Deal, has been passed in a severely weakened state, prompting criticism from its original architect and green lawmakers.
"The regulation was stripped," said Hugo Schally, pointing to the exclusion 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 fewer obligated actors, fewer data points, and imprecise sourcing details would make enforcement and prosecution more difficult.
A Watered-Down Law
Environmental MEP Marie Toussaint went further, labeling the postponements, exceptions and new loopholes – including one for paper goods – as the "political dismantling" of the law.
This outcome is a far cry from the demands of over 1.2 million European citizens who signed a petition in 2020 demanding a prohibition of goods linked to forest destruction.
At its launch in 2021, then-Green Deal commissioner the European commissioner called it "the most ambitious legislation proposed to combat deforestation."
From Ambition to Compromise
The law's unravelling is seen by critics as the European Union retreating from its environmental promises. The proposal encountered two major postponements, ostensibly over IT issues, which sparked criticism.
"By reopening this file instead of solving a simple IT problem, authorities invited political interference," commented Toussaint.
In its first draft, the law required companies to track goods to their exact plot of land using GPS coordinates, holding them accountable for forest loss along their supply lines with penalties and large financial penalties.
"It wasn't bureaucracy for its own sake," Schally explained. "It was the mechanism that made the rules enforceable, created a verifiable paper trail, and prevented firms from obscuring their activities behind complex supply chains."
Intense Lobbying
However, the rigorous checks provoked opposition in Brussels from multinational corporations, producer countries, rightwing parties and member states with forestry industries.
Analysts point to last year's European Parliament elections as a decisive moment, shifting the balance of power less favorable toward green regulations.
"The other pressure came from big trading partners outside the EU," noted corporate sustainability professor, suggesting the commission gave in to some requests during negotiations.
The Weakened Final Text
In the final legislation includes key dilutions:
- Retailers and traders were largely freed 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 “high risk” scrutiny.
"Rather than strengthening rules for companies, it stripped them back," said Schally. "Moving obligations to producers, it lessened the number of responsible firms."
Uncertainty for Companies
The protracted process and revisions have also created annoyance for businesses that complied early.
"It is very frustrating because we put a lot of effort into complying," stated a coffee company executive. "We purchased systems, trained staff and established procedures... now they’re saying it could be altered again. It’s a major letdown."
Official Defense
An EU representative supported the final law, stating: "We have listened to feedback and taken action to ensure a simple, fair and cost-efficient application."
"The new text provides for predictability, which is crucial for companies and competent authorities to effectively enforce this vitally important law."