EU Anti-Deforestation Law Effectively 'Dismantled' Despite High Hopes
Widely celebrated as a pioneering law that would combat the global scourge of forest loss.
But, the final version of the EU's anti-deforestation law, once touted as the crown jewel of the Green Deal, has been passed in a severely weakened state, prompting alarm from its original architect and environmental politicians.
"The regulation was hollowed out," said the law's original author, citing the exclusion of key obligations for downstream traders to check the provenance of commodities like palm oil, soy, wood, beef, rubber, cocoa and coffee.
He warned that fewer obligated actors, fewer data points, and less precise origin data would complicate the task of authorities.
A Watered-Down Law
Green party vice-president a leading green politician was more blunt, labeling the postponements, exceptions and new loopholes – such as one for paper goods – as the "systematic weakening" of the law.
This final text stands in stark contrast to the demands of more than a million EU citizens who signed a petition in 2020 calling for a prohibition of deforestation-linked products.
When launched in 2021, then-Green Deal commissioner Frans Timmermans trumpeted it as "the toughest law proposed to fight forest loss."
A Story of Dilution
The regulation's dilution is seen by critics as the EU walking back its green talk. The proposal encountered two major postponements, ostensibly over IT issues, which drew condemnation.
"By revisiting the legislation instead of solving a technical issue, the commission opened Pandora’s box," commented Toussaint.
Originally, the regulation required companies to track goods to their exact plot of land using geolocation data, making them liable for forest loss along their supply lines with criminal charges and large financial penalties.
"It wasn't bureaucracy for its own sake," the former official explained. "It was the mechanism that made the rules enforceable, created a verifiable paper trail, and stopped companies from hiding behind opaque production networks."
Intense Lobbying
However, the strict due diligence provoked opposition in Brussels from large companies, producer countries, rightwing parties and EU logging states.
Experts cite last year's EU elections as a turning point, creating a new political majority more skeptical of environmental rules.
"The other pressure has come from big trading partners outside the EU," noted expert Andreas Rasche, implying the commission gave in to some requests during negotiations.
Key Loopholes Introduced
The passed law features several critical weakenings:
- Retailers and traders were largely freed from conducting rigorous checks.
- A new exemption for small operators was created.
- A option for more reductions was opened for next spring.
- Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.
"Rather than strengthening downstream obligations, it stripped them back," said Schally. "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 invested significant resources into preparing," stated a coffee company executive. "We invested in software, followed seminars and built a team... now they’re saying it may be changed. It’s a big frustration."
The Commission's Stance
An EU representative supported the final law, stating: "The commission has responded to feedback and acted to ensure a pragmatic and balanced application."
"The revised regulation provides for predictability, which is crucial for companies and national regulators to successfully implement this vitally important regulation."