EU Deforestation Law Largely 'Gutted' Despite Initial Fanfare
Originally hailed as a pioneering law that would curb the global scourge of deforestation.
However, the revised version of the European Union's anti-deforestation law, previously touted as the crown jewel of the Green Deal, has emerged in a severely weakened state, prompting criticism from its original architect and green lawmakers.
"The regulation was gutted," stated Hugo Schally, pointing to the exclusion of key obligations for downstream traders to check the provenance of products like palm oil, soy, wood, beef, rubber, cocoa and coffee.
He warned that fewer obligated actors, less information collected, and imprecise sourcing details would complicate the task of authorities.
A Watered-Down Law
Environmental vice-president a leading green politician was more blunt, describing the delays, loopholes and exemptions – including one for printed products – as the "systematic weakening" of the law.
This outcome is a far cry from the hopes of over 1.2 million EU citizens who signed a petition in 2020 demanding a prohibition of deforestation-linked products.
At its launch in 2021, then-Green Deal commissioner Frans Timmermans trumpeted it as "the toughest law proposed to combat deforestation."
A Story of Dilution
The law's unravelling has been interpreted as the EU walking back its environmental promises. It faced significant delays, reportedly over IT issues, which drew condemnation.
"By revisiting the legislation instead of solving a simple IT problem, the commission opened Pandora’s box," commented Toussaint.
Originally, the regulation required companies to trace goods to their specific geographic origin using GPS coordinates, making them liable for deforestation in their supply chains with criminal charges and large financial penalties.
"This was not red tape for its own sake," Schally said. "These rules were the tool 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, producer countries, conservative political groups and member states with forestry industries.
Analysts point to last year's European Parliament elections as a decisive moment, shifting the balance of power less favorable toward green regulations.
"The other pressure came from big trading partners outside the EU," said expert Andreas Rasche, implying the EU yielded to some demands in trade talks.
Key Loopholes Introduced
The passed law features several critical weakenings:
- Downstream operators were largely freed from submitting due diligence statements.
- A new exemption for small operators was introduced.
- A option for more reductions was opened for next spring.
- Only four countries – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Rather than strengthening rules for companies, it stripped them back," lamented the law's author. "Moving obligations to producers, it lessened the number of responsible firms."
Business Frustration
The delays and changes have also created annoyance for companies that prepared in advance.
"It is very frustrating because we put a lot of effort into preparing," said Xavier Rombouts. "We purchased systems, trained staff and established procedures... now they’re saying it could be altered again. It’s a big frustration."
The Commission's Stance
An EU representative supported the final law, stating: "The commission has responded to concerns and taken action to ensure a simple, fair and cost-efficient implementation."
"The new text ensures stability, which is crucial for companies and national regulators to effectively enforce this vitally important law."