European Union Anti-Deforestation Law Effectively 'Dismantled' Despite High Hopes
It was a groundbreaking piece of legislation that would curb the worldwide crisis of deforestation.
But, the final version of the EU's anti-deforestation law, once touted as the flagship policy of the European Green Deal, has emerged in a severely weakened state, leading to criticism from its initial author and environmental politicians.
"The regulation was gutted," said the law's original author, citing the exclusion of key obligations for downstream traders to verify the provenance of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
He warned that fewer obligated actors, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.
Political Dismantling
Environmental MEP a leading green politician went further, describing the postponements, exceptions and new loopholes – such as one for printed products – as the "systematic weakening" of the law.
This outcome is a far cry from the demands of over 1.2 million European citizens who supported an initiative in 2020 demanding a ban on goods linked to forest destruction.
When launched in 2021, the EU's climate chief Frans Timmermans trumpeted it as "the most ambitious law ever put forward to fight deforestation."
A Story of Dilution
The regulation's dilution has been interpreted as the EU walking back its environmental promises. It faced two major postponements, reportedly over technical problems, which sparked criticism.
"By revisiting the legislation instead of solving a technical issue, authorities invited political interference," remarked Toussaint.
Originally, the law required companies to track goods back to their exact plot of land using GPS coordinates, making them liable for deforestation in their supply chains with criminal charges and hefty fines.
"It wasn't bureaucracy for its own sake," Schally said. "These rules were the tool that ensured enforcement, established traceability, 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 EU logging states.
Experts cite last year's EU elections as a turning point, shifting the balance of power less favorable toward green regulations.
"The other pressure came from major export markets outside the EU," noted expert Andreas Rasche, implying the EU yielded to some requests during negotiations.
The Weakened Final Text
The passed law includes several critical weakenings:
- Retailers and traders were largely freed from conducting rigorous checks.
- A new “low risk” category was introduced.
- A window for further "simplifications" was opened for next spring.
- Only four countries – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.
"Instead of tightening downstream obligations, it rolled them back," said the law's author. "By shifting responsibilities to producers, it lessened the number of responsible firms."
Business Frustration
The delays and changes have also caused frustration for businesses that complied early.
"We feel very annoyed because we put a lot of effort into complying," stated a coffee company executive. "We purchased systems, trained staff and established procedures... now they’re saying it may be changed. It’s a major letdown."
The Commission's Stance
A commission spokesperson supported the final law, saying: "The commission has responded to feedback and taken action to ensure a simple, fair and cost-efficient application."
"The revised regulation provides for predictability, which is crucial for companies and national regulators to successfully implement this vitally important law."