EU Deforestation Law Largely 'Gutted' After High Hopes
It was a groundbreaking law that would help stop the global scourge of forest loss.
But, the revised version of the EU's anti-deforestation law, once heralded as the flagship policy 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, citing 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, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.
A Watered-Down Law
Green party MEP Marie Toussaint went further, describing the postponements, exceptions and new loopholes – including one for printed products – as the "political dismantling" 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 calling for a ban on goods linked to forest destruction.
When launched in 2021, then-Green Deal commissioner the European commissioner called it "the toughest law ever put forward to fight forest loss."
From Ambition to Compromise
The regulation's dilution has been interpreted as the EU walking back its environmental promises. The proposal encountered significant delays, reportedly over IT issues, which drew condemnation.
"By revisiting the legislation rather than fixing a technical issue, the commission opened Pandora’s box," commented Toussaint.
In its first draft, the law required companies to track commodities to their specific geographic origin using geolocation data, holding them accountable for forest loss along their supply lines with penalties and large financial penalties.
"This was not red tape for its own sake," Schally said. "It was the mechanism that ensured enforcement, created a verifiable paper trail, and stopped companies from hiding behind opaque production networks."
Mounting Pressure
Yet, the rigorous checks provoked opposition in the EU capital from large companies, producer countries, rightwing parties and member states with forestry industries.
Experts cite last year's European Parliament elections as a turning point, creating a new political majority less favorable toward green regulations.
"Additional intense pressure has come from big trading partners outside the EU," noted corporate sustainability professor, suggesting the commission gave in to some demands in trade talks.
Key Loopholes Introduced
The passed law features several critical weakenings:
- Downstream operators were largely freed from conducting rigorous checks.
- A new exemption for small operators was introduced.
- A window for further "simplifications" was opened for next spring.
- Only a handful of nations – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Instead of tightening rules for companies, it stripped them back," said the law's author. "Moving obligations to producers, it reduced accountability."
Business Frustration
The delays and changes have also created annoyance for companies that prepared in advance.
"We feel very annoyed because we invested significant resources 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 major letdown."
The Commission's Stance
A commission spokesperson supported the final law, stating: "The commission has responded to feedback and taken action to ensure a simple, fair and cost-efficient implementation."
"The new text provides for predictability, which is key for business and national regulators to effectively enforce this vitally important regulation."