EU Anti-Deforestation Law Effectively 'Gutted' After Initial Fanfare
It was a groundbreaking piece of legislation that would combat the worldwide scourge of forest loss.
But, the final version of the EU's anti-deforestation law, previously touted as the flagship policy of the Green Deal, has emerged in a significantly diluted state, prompting alarm from its initial author and environmental politicians.
"It has been stripped," said the law's original author, citing the removal of key obligations for downstream traders to verify the origin of products 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 hinder monitoring and legal action.
A Watered-Down Law
Environmental MEP a leading green politician was more blunt, labeling the delays, loopholes and exemptions – including one for paper goods – as the "political dismantling" of the law.
This outcome stands in stark contrast to the demands of more than a million EU 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 toughest legislation ever put forward to combat deforestation."
A Story of Dilution
The regulation's dilution is seen by critics as the European Union retreating from its environmental promises. The proposal encountered significant delays, reportedly over IT issues, which drew condemnation.
"By revisiting the legislation rather than fixing a technical issue, authorities invited political interference," remarked the Green MEP.
In its first draft, the regulation required companies to track commodities to their specific geographic origin using GPS coordinates, holding them accountable for deforestation in their supply chains with penalties and hefty fines.
"It wasn't bureaucracy for its own sake," the former official explained. "It was the mechanism that ensured enforcement, established traceability, and prevented firms from obscuring their activities behind complex supply chains."
Intense Lobbying
Yet, the rigorous checks triggered a backlash in the EU capital from large companies, producer countries, conservative political groups 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.
"The other pressure came from major export markets outside the EU," said expert Andreas Rasche, implying the commission gave in to some demands in trade talks.
Key Loopholes Introduced
The passed law features several critical weakenings:
- Downstream operators were largely freed from submitting due diligence statements.
- A new “low risk” category was introduced.
- A option for more reductions was opened for next spring.
- Only a handful of nations – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Instead of tightening downstream obligations, it rolled them back," lamented Schally. "Moving obligations upstream, it lessened the number of responsible firms."
Business Frustration
The delays and changes have also created annoyance for businesses that complied early.
"It is very frustrating because we put a lot of effort into preparing," stated Xavier Rombouts. "We invested in software, followed seminars and built a team... 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: "The commission has responded to feedback and acted to ensure a pragmatic and balanced application."
"The new text provides for predictability, which is crucial for companies and competent authorities to effectively enforce this very important law."