European Union Anti-Deforestation Law Largely 'Gutted' Despite High Hopes
Widely celebrated as a groundbreaking regulation that would curb the global scourge of deforestation.
But, the revised version of the European Union's deforestation regulation, previously heralded as the crown jewel of the European Green Deal, has been passed in a severely weakened state, prompting criticism from its initial author and environmental politicians.
"It has been stripped," stated the law's original author, citing the removal of crucial requirements for downstream traders to check the origin 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.
A Watered-Down Law
Green party MEP a leading green politician was more blunt, describing the delays, loopholes and exemptions – such as one for paper goods – as the "systematic weakening" of the law.
This outcome stands in stark contrast to the demands of more than a million European citizens who supported an initiative in 2020 demanding a prohibition of goods linked to forest destruction.
When launched in 2021, then-Green Deal commissioner the European commissioner called it "the toughest legislation proposed to combat forest loss."
From Ambition to Compromise
The law's unravelling has been interpreted as the European Union retreating from its green talk. It faced two major postponements, reportedly over technical problems, which sparked criticism.
"By reopening this file instead of solving a simple IT problem, the commission opened Pandora’s box," remarked Toussaint.
Originally, the law mandated that firms to trace commodities to their specific geographic origin using GPS coordinates, holding them accountable for forest loss along their supply lines with penalties and hefty fines.
"This was not red tape for its own sake," the former official said. "These rules were the tool that made the rules enforceable, created a verifiable paper trail, and stopped companies from hiding behind complex supply chains."
Intense Lobbying
Yet, the strict due diligence provoked opposition in Brussels from multinational corporations, producer countries, rightwing parties and member states with forestry industries.
Analysts point to last year's European Parliament elections as a decisive moment, shifting the balance of power more skeptical of environmental rules.
"The other pressure has come from major export markets outside the EU," noted expert Andreas Rasche, implying the EU yielded to some demands in trade talks.
Key Loopholes Introduced
In the final legislation features key dilutions:
- Retailers and traders were mostly exempted from submitting due diligence statements.
- A new exemption for small operators was created.
- A option for more reductions was established for next spring.
- Only four countries – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Rather than strengthening downstream obligations, it stripped them back," lamented the law's author. "Moving obligations upstream, it reduced accountability."
Business Frustration
The protracted process and revisions have also caused frustration for businesses that complied early.
"We feel very annoyed 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 major letdown."
Official Defense
An EU representative supported the final law, saying: "The commission has responded to concerns and acted to ensure a pragmatic and balanced implementation."
"The new text provides for predictability, which is crucial for companies and competent authorities to effectively enforce this very important law."