EU Anti-Deforestation Law Effectively 'Gutted' After Initial Fanfare
It was a pioneering law that would help stop the global crisis of forest loss.
But, the revised version of the EU's anti-deforestation law, previously touted as the flagship policy of the Green Deal, has been passed in a severely weakened state, leading to alarm from its initial author and green lawmakers.
"The regulation was stripped," said Hugo Schally, pointing to the exclusion of key obligations for later-stage companies to verify the provenance of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that fewer obligated actors, less information collected, and less precise origin data would make enforcement and prosecution more difficult.
Political Dismantling
Green party MEP a leading green politician was more blunt, labeling the postponements, exceptions and new loopholes – including one for paper goods – as the "systematic weakening" of the law.
This outcome is a far cry from the hopes of over 1.2 million European citizens who signed a petition in 2020 demanding a ban on goods linked to forest destruction.
When launched in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the most ambitious legislation ever put forward to combat deforestation."
A Story of Dilution
The regulation's dilution is seen by critics as the EU walking back its green talk. The proposal encountered significant delays, reportedly over technical problems, which sparked criticism.
"By reopening this file rather than fixing a technical issue, the commission opened Pandora’s box," remarked Toussaint.
In its first draft, the regulation mandated that firms to trace goods to their specific geographic origin using geolocation data, holding them accountable for forest loss along their supply lines with criminal charges and large financial penalties.
"It wasn't bureaucracy for its own sake," the former official said. "These rules were the tool that ensured enforcement, created a verifiable paper trail, and prevented firms from obscuring their activities behind complex supply chains."
Mounting Pressure
However, the strict due diligence triggered a backlash in the EU capital from large companies, producer countries, rightwing parties and member states with forestry industries.
Analysts point to last year's European Parliament elections as a turning point, shifting the balance of power more skeptical of green regulations.
"The other pressure came from major export markets like the United States," noted expert Andreas Rasche, implying the commission gave in to some requests during negotiations.
The Weakened Final Text
The passed law includes key dilutions:
- Downstream operators were largely freed from submitting due diligence statements.
- A new exemption for small operators was created.
- A window for further "simplifications" was opened for next spring.
- Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.
"Instead of tightening rules for companies, it rolled them back," lamented the law's author. "By shifting responsibilities to producers, it lessened the number of responsible firms."
Uncertainty for Companies
The delays and changes have also created annoyance for businesses that complied early.
"It is very frustrating because we invested significant resources into complying," stated 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
An EU representative supported the final law, saying: "We have listened to feedback and acted to ensure a simple, fair and cost-efficient application."
"The revised regulation provides for predictability, which is key for business and competent authorities to successfully implement this vitally important law."