EU Deforestation Law Largely 'Dismantled' After High Hopes
It was a pioneering piece of legislation that would combat the worldwide crisis of deforestation.
However, the final version of the European Union's anti-deforestation law, previously heralded as the crown jewel of the European Green Deal, has been passed in a significantly diluted state, prompting criticism from its original architect and environmental politicians.
"It has been gutted," said Hugo Schally, citing the removal of key obligations for downstream traders to check the origin of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that a reduced number of responsible companies, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.
Political Dismantling
Green party MEP Marie Toussaint was more blunt, describing the postponements, exceptions and new loopholes – such as one for printed products – as the "systematic weakening" of the law.
This final text is a far cry from the hopes of more than a million European citizens who signed a petition in 2020 calling for a prohibition of deforestation-linked products.
At its launch in 2021, then-Green Deal commissioner Frans Timmermans trumpeted it as "the toughest legislation proposed to fight deforestation."
A Story of Dilution
The regulation's dilution is seen by critics as the European Union retreating from its green talk. The proposal encountered two major postponements, ostensibly over technical problems, which sparked criticism.
"By revisiting the legislation rather than fixing a technical issue, authorities invited political interference," remarked Toussaint.
In its first draft, the law required companies to track goods to their specific geographic origin 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," Schally explained. "It was the mechanism that made the rules enforceable, established traceability, and prevented firms from obscuring their activities behind opaque production networks."
Mounting Pressure
Yet, the strict due diligence provoked opposition in the EU capital from multinational corporations, exporting nations, rightwing parties and EU logging states.
Analysts point to last year's EU elections as a decisive moment, shifting the balance of power less favorable toward green regulations.
"The other pressure came from major export markets outside the EU," noted corporate sustainability professor, implying the commission gave in to some demands in trade talks.
Key Loopholes Introduced
The passed law features key dilutions:
- Retailers and traders were largely freed from conducting rigorous checks.
- A new exemption for small operators was introduced.
- A option for more reductions was established for next spring.
- Only four countries – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.
"Instead of tightening rules for companies, it stripped them back," lamented Schally. "By shifting responsibilities to producers, it lessened the number of responsible firms."
Business Frustration
The delays and changes have also caused frustration for companies that prepared in advance.
"We feel very annoyed because we invested significant resources into complying," stated Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it could be altered again. It’s a big frustration."
Official Defense
An EU representative supported the final law, saying: "The commission has responded to feedback and taken action to ensure a simple, fair and cost-efficient implementation."
"The revised regulation provides for predictability, which is key for business and national regulators to successfully implement this vitally important regulation."