European Union Anti-Deforestation Law Effectively 'Gutted' After Initial Fanfare
Widely celebrated as a landmark piece of legislation that would curb the worldwide crisis of deforestation.
However, the revised version of the EU's deforestation regulation, once touted as the flagship policy of the European Green Deal, has been passed in a severely weakened state, leading to criticism from its initial author and green lawmakers.
"It has been hollowed out," said the law's original author, citing the removal of crucial requirements for downstream traders to check the origin of products like palm oil, soy, wood, beef, rubber, cocoa and coffee.
Schally cautioned that fewer obligated actors, less information collected, and less precise origin data would complicate the task of authorities.
A Watered-Down Law
Green party MEP a leading green politician was more blunt, describing the postponements, exceptions and new loopholes – such as one for printed products – as the "systematic weakening" 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 demanding a ban on goods linked to forest destruction.
When launched in 2021, then-Green Deal commissioner Frans Timmermans trumpeted it as "the toughest law ever put forward to combat forest loss."
From Ambition to Compromise
The regulation's dilution has been interpreted 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, the commission opened Pandora’s box," remarked Toussaint.
Originally, the regulation required companies to trace goods to their specific geographic origin 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 said. "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
Yet, the rigorous checks provoked opposition in Brussels from large companies, exporting nations, conservative political groups and EU logging states.
Experts cite last year's EU elections as a decisive moment, creating a new political majority less favorable toward green regulations.
"The other pressure came from major export markets outside the EU," noted expert Andreas Rasche, suggesting the commission gave in to some requests during negotiations.
Key Loopholes Introduced
The passed law includes several critical weakenings:
- Retailers and traders were largely freed from conducting rigorous checks.
- A new exemption for small operators was created.
- A window for further "simplifications" was established for next spring.
- Only four countries – geopolitical adversaries of the EU – 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 delays and changes have also caused frustration for businesses that complied early.
"We feel very annoyed 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 may be changed. It’s a major letdown."
The Commission's Stance
A commission spokesperson supported the final law, stating: "We have listened to feedback and taken action to ensure a pragmatic and balanced application."
"The revised regulation ensures stability, which is key for business and national regulators to successfully implement this very important regulation."