EU Deforestation Law Largely 'Dismantled' Despite Initial Fanfare
Widely celebrated as a pioneering regulation that would combat the global scourge of deforestation.
But, the final version of the European Union's anti-deforestation law, once heralded as the flagship policy of the Green Deal, has emerged in a significantly diluted state, prompting criticism from its original architect and green lawmakers.
"It has been gutted," stated the law's original author, pointing to the exclusion of crucial requirements for downstream traders to check the origin of commodities 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
Environmental MEP a leading green politician was more blunt, labeling the postponements, exceptions and new loopholes – including one for printed products – as the "systematic weakening" of the law.
This outcome stands in stark contrast to the demands of over 1.2 million European citizens who supported an initiative in 2020 demanding a prohibition of deforestation-linked products.
At its launch in 2021, the EU's climate chief Frans Timmermans called it "the toughest legislation proposed to combat forest loss."
From Ambition to Compromise
The regulation's dilution is seen by critics as the European Union retreating from its environmental promises. The proposal encountered two major postponements, reportedly over technical problems, which sparked criticism.
"By revisiting the legislation rather than fixing a technical issue, the commission opened Pandora’s box," commented the Green MEP.
In its first draft, the law required companies to track commodities back to their exact plot of land using geolocation data, holding them accountable for deforestation in their supply chains with penalties and large financial penalties.
"It wasn't bureaucracy for its own sake," the former official said. "It was the mechanism that ensured enforcement, created a verifiable paper trail, and stopped companies from hiding behind complex supply chains."
Mounting Pressure
However, the rigorous checks triggered a backlash in Brussels 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, creating a new political majority more skeptical of environmental rules.
"Additional intense pressure came from major export markets like the United States," noted expert Andreas Rasche, implying the EU yielded to some requests during negotiations.
The Weakened Final Text
The passed law features key dilutions:
- Retailers and traders were mostly exempted from submitting due diligence statements.
- A new exemption for small operators was introduced.
- A option for more reductions was opened for next spring.
- Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.
"Instead of tightening downstream obligations, it rolled them back," said the law's author. "Moving obligations to producers, it lessened the number of responsible firms."
Uncertainty for Companies
The protracted process and revisions have also caused frustration for companies that prepared in advance.
"We feel very annoyed because we put a lot of effort into preparing," 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
A commission spokesperson supported the final law, stating: "We have listened to concerns and taken action to ensure a pragmatic and balanced application."
"The new text ensures stability, which is key for business and national regulators to successfully implement this vitally important regulation."