European Union Anti-Deforestation Regulation Effectively 'Gutted' After Initial Fanfare
It was a groundbreaking law that would combat the worldwide crisis of forest loss.
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, prompting criticism from its initial author and environmental politicians.
"The regulation was stripped," said Hugo Schally, citing the removal of crucial requirements for later-stage companies to check the origin 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 less precise origin data would complicate the task of authorities.
A Watered-Down Law
Green party MEP Marie Toussaint was more blunt, describing the postponements, exceptions and new loopholes – including one for printed products – as the "political dismantling" of the law.
This outcome stands in stark contrast to the demands of more than a million European citizens who signed a petition in 2020 demanding a ban on goods linked to forest destruction.
When launched in 2021, the EU's climate chief the European commissioner called it "the most ambitious law proposed to fight deforestation."
From Ambition to Compromise
The law's unravelling is seen by critics as the EU walking back its green talk. The proposal encountered two major postponements, ostensibly over IT issues, which drew condemnation.
"By revisiting the legislation instead of solving a simple IT problem, the commission opened Pandora’s box," commented Toussaint.
In its first draft, the law mandated that firms to track commodities back to their specific geographic origin using geolocation data, holding them accountable for deforestation in their supply chains with criminal charges and hefty fines.
"This was not red tape for its own sake," the former official said. "It was the mechanism that ensured enforcement, created a verifiable paper trail, and prevented firms from obscuring their activities behind opaque production networks."
Intense Lobbying
However, the strict due diligence triggered a backlash in Brussels from large companies, producer countries, conservative political groups and member states with forestry industries.
Analysts point to last year's European Parliament elections as a turning point, shifting the balance of power less favorable toward environmental rules.
"The other 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
In the final legislation features key dilutions:
- Downstream operators were mostly exempted from submitting due diligence statements.
- A new “low risk” category was created.
- A option for more reductions was opened for next spring.
- Only a handful of nations – geopolitical adversaries of the EU – will face the strictest monitoring.
"Rather than strengthening downstream obligations, it rolled them back," said the law's author. "By shifting responsibilities to producers, it lessened the number of responsible firms."
Business Frustration
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," said Xavier Rombouts. "We purchased systems, trained staff and established procedures... now they’re saying it could be altered again. It’s a major letdown."
Official Defense
A commission spokesperson defended the outcome, stating: "We have listened to concerns and taken action to ensure a pragmatic and balanced implementation."
"The new text provides for predictability, which is crucial for companies and competent authorities to successfully implement this vitally important law."