EU Deforestation Law Largely 'Gutted' Despite High Hopes
It was a landmark regulation that would help stop the global crisis of deforestation.
However, the revised version of the European Union's anti-deforestation law, 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 environmental politicians.
"The regulation was hollowed out," stated the law's original author, pointing to the removal of key obligations for later-stage companies to check the provenance of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
He warned that a reduced number of responsible companies, fewer data points, and imprecise sourcing details would hinder monitoring and legal action.
A Watered-Down Law
Environmental MEP Marie Toussaint went further, labeling the delays, loopholes and exemptions – including 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 signed a petition in 2020 demanding a prohibition of deforestation-linked products.
At its launch in 2021, the EU's climate chief Frans Timmermans trumpeted it as "the most ambitious legislation ever put forward to fight deforestation."
From Ambition to Compromise
The regulation's dilution is seen by critics as the EU walking back its environmental promises. It faced significant delays, ostensibly over technical problems, which sparked criticism.
"By reopening this file rather than fixing a simple IT problem, the commission opened Pandora’s box," commented the Green MEP.
In its first draft, the regulation required companies to track goods back to their exact plot of land using geolocation data, making them liable for deforestation in their supply chains with criminal charges and hefty fines.
"It wasn't bureaucracy for its own sake," Schally explained. "It was the mechanism that ensured enforcement, created a verifiable paper trail, and stopped companies from hiding behind complex supply chains."
Intense Lobbying
Yet, the strict due diligence triggered a backlash in the EU capital from multinational corporations, 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 less favorable toward environmental rules.
"Additional intense pressure came from big trading partners like the United States," noted expert Andreas Rasche, suggesting the commission gave in 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 exemption for small operators was created.
- A window for further "simplifications" was opened for next spring.
- Only four countries – geopolitical adversaries of the EU – will face the strictest monitoring.
"Rather than strengthening rules for companies, it rolled them back," said Schally. "Moving obligations upstream, it reduced accountability."
Business Frustration
The delays and changes have also caused frustration for companies that prepared in advance.
"We feel very annoyed because we invested significant resources into complying," said Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it may be changed. It’s a big frustration."
Official Defense
An EU representative supported the final law, saying: "The commission has responded to feedback and taken action to ensure a pragmatic and balanced application."
"The revised regulation provides for predictability, which is crucial for companies and competent authorities to effectively enforce this vitally important regulation."