EU Deforestation Law Effectively 'Gutted' After High Hopes
It was a pioneering law that would curb the global scourge of forest loss.
However, the revised version of the EU's anti-deforestation law, once touted as the flagship policy of the European Green Deal, has been passed in a significantly diluted state, leading to alarm from its original architect and green lawmakers.
"The regulation was gutted," stated Hugo Schally, citing the removal of key obligations for later-stage companies to verify the origin of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
He warned that fewer obligated actors, less information collected, and less precise origin data would hinder monitoring and legal action.
A Watered-Down Law
Green party vice-president Marie Toussaint was more blunt, labeling the delays, loopholes and exemptions – including one for paper goods – as the "political dismantling" of the law.
This final text is a far cry from the demands of more than a million EU citizens who supported an initiative in 2020 demanding a ban on goods linked to forest destruction.
At its launch in 2021, the EU's climate chief the European commissioner trumpeted it as "the toughest legislation ever put forward to combat deforestation."
A Story of Dilution
The law's unravelling is seen by critics as the EU walking back its green talk. It faced significant delays, ostensibly over technical problems, which sparked criticism.
"By reopening this file instead of solving a simple IT problem, the commission opened Pandora’s box," commented Toussaint.
Originally, the regulation required companies to track goods to their specific geographic origin using geolocation data, making them liable for forest loss along their supply lines with criminal charges and large financial penalties.
"This was not red tape for its own sake," Schally said. "These rules were the tool that ensured enforcement, created a verifiable paper trail, and stopped companies from hiding behind opaque production networks."
Intense Lobbying
Yet, the rigorous checks triggered a backlash in the EU capital from large companies, exporting nations, rightwing parties and member states with forestry industries.
Experts cite last year's EU elections as a decisive moment, shifting the balance of power more skeptical of environmental rules.
"The other pressure has come from big trading partners like the United States," said expert Andreas Rasche, implying the EU yielded to some requests during negotiations.
Key Loopholes Introduced
In the final legislation includes several critical weakenings:
- Retailers and traders were largely freed from submitting due diligence statements.
- A new “low risk” category was created.
- A window for further "simplifications" was established for next spring.
- Only a handful of nations – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Instead of tightening rules for companies, it rolled them back," said Schally. "Moving obligations to producers, it lessened the number of responsible firms."
Uncertainty for Companies
The protracted process and revisions have also created annoyance for businesses that complied early.
"We feel very annoyed because we put a lot of effort into preparing," said a coffee company executive. "We purchased systems, trained staff and established procedures... now they’re saying it may be changed. It’s a big frustration."
Official Defense
An EU representative defended the outcome, saying: "The commission has responded to concerns and acted to ensure a simple, fair and cost-efficient implementation."
"The revised regulation provides for predictability, which is crucial for companies and competent authorities to successfully implement this vitally important regulation."