European Union Deforestation Law Largely 'Gutted' Despite Initial Fanfare
Originally hailed as a pioneering regulation that would help stop the global crisis of deforestation.
However, the final version of the European Union's anti-deforestation law, once heralded as the flagship policy of the European Green Deal, has been passed in a severely weakened state, leading to alarm from its initial author and green lawmakers.
"It has been gutted," stated Hugo Schally, pointing to the removal of key obligations for later-stage companies to verify the provenance of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.
He warned that a reduced number of responsible companies, less information collected, and imprecise sourcing details would complicate the task of authorities.
Political Dismantling
Environmental vice-president Marie Toussaint was more blunt, describing 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 signed a petition in 2020 demanding a ban on deforestation-linked products.
At its launch in 2021, the EU's climate chief Frans Timmermans called it "the most ambitious legislation ever put forward to fight forest loss."
A Story of Dilution
The law's unravelling has been interpreted as the EU walking back its green talk. It faced significant delays, reportedly over technical problems, which drew condemnation.
"By revisiting the legislation instead of solving a simple IT problem, authorities invited political interference," commented the Green MEP.
Originally, the regulation required companies to trace commodities back to their specific geographic origin using GPS coordinates, making them liable for deforestation in their supply chains with penalties 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 stopped companies from hiding behind complex supply chains."
Mounting Pressure
Yet, the strict due diligence triggered a backlash in Brussels from large companies, exporting nations, conservative political groups and member states with forestry industries.
Analysts point to last year's European Parliament elections as a turning point, shifting the balance of power less favorable toward environmental rules.
"The other pressure has come from major export markets like the United States," said corporate sustainability professor, suggesting the commission gave in to some requests during negotiations.
The Weakened Final Text
The passed law features several critical weakenings:
- Retailers and traders were largely freed from conducting rigorous checks.
- A new “low risk” category was created.
- A window for further "simplifications" 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 to producers, it reduced accountability."
Uncertainty for Companies
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," said Xavier Rombouts. "We purchased systems, trained staff and established procedures... now they’re saying it could be altered again. It’s a major letdown."
The Commission's Stance
A commission spokesperson defended the outcome, stating: "We have listened to concerns and acted to ensure a simple, fair and cost-efficient application."
"The new text ensures stability, which is key for business and national regulators to successfully implement this very important law."