European Union Anti-Deforestation Law Effectively 'Gutted' After Initial Fanfare
It was a pioneering piece of legislation that would combat the global crisis of deforestation.
But, the revised version of the European Union's anti-deforestation law, once heralded as the crown jewel of the Green Deal, has been passed in a significantly diluted state, leading to criticism from its original architect and environmental politicians.
"The regulation was gutted," stated the law's original author, pointing to the exclusion of crucial requirements for downstream traders to verify the provenance of commodities like palm oil, soy, wood, beef, rubber, cocoa and coffee.
He warned that fewer obligated actors, less information collected, and less precise origin data would make enforcement and prosecution more difficult.
Political Dismantling
Green party MEP Marie Toussaint was more blunt, labeling the delays, loopholes and exemptions – such as one for paper goods – as the "systematic weakening" 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 calling for a prohibition of goods linked to forest destruction.
At its launch in 2021, then-Green Deal commissioner Frans Timmermans trumpeted it as "the most ambitious law ever put forward to fight deforestation."
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 drew condemnation.
"By revisiting the legislation instead of solving a technical issue, authorities invited political interference," remarked the Green MEP.
Originally, the regulation required companies to track goods to their exact plot of land using geolocation data, making them liable for forest loss along their supply lines with criminal charges and hefty fines.
"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 stopped companies from hiding behind opaque production networks."
Mounting Pressure
Yet, the strict due diligence triggered a backlash in Brussels from multinational corporations, producer countries, rightwing parties and member states with forestry industries.
Experts cite last year's EU elections as a turning point, shifting the balance of power less favorable toward green regulations.
"Additional intense pressure has come from major export markets 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:
- Downstream operators 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 four countries – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Instead of tightening downstream obligations, it stripped them back," said the law's author. "Moving obligations upstream, it reduced accountability."
Uncertainty for Companies
The protracted process and revisions have also created annoyance for companies that prepared in advance.
"It is very frustrating because we put a lot of effort into complying," said Xavier Rombouts. "We purchased systems, trained staff and established procedures... now they’re saying it may be changed. It’s a big frustration."
The Commission's Stance
A commission spokesperson supported the final law, saying: "The commission has responded to concerns and acted to ensure a simple, fair and cost-efficient application."
"The revised regulation provides for predictability, which is crucial for companies and competent authorities to effectively enforce this very important law."