EU Deforestation Law Effectively 'Watered Down' Despite Initial Fanfare
It was a landmark piece of legislation that would curb the worldwide scourge of deforestation.
But, the revised version of the EU's anti-deforestation law, once touted as the crown jewel of the European Green Deal, has emerged in a significantly diluted state, prompting criticism from its original architect and environmental politicians.
"The regulation was stripped," stated Hugo Schally, citing the removal of key obligations for later-stage companies 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, less information collected, and less precise origin data would make enforcement and prosecution more difficult.
A Watered-Down Law
Environmental vice-president Marie Toussaint went further, labeling the delays, loopholes and exemptions – such as 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 supported an initiative in 2020 demanding a ban on deforestation-linked products.
At its launch in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the most ambitious law ever put forward to fight forest loss."
A Story of Dilution
The law's unravelling has been interpreted as the European Union retreating from its green talk. It faced two major postponements, ostensibly over IT issues, which sparked criticism.
"By reopening this file rather than fixing a technical issue, the commission opened Pandora’s box," remarked Toussaint.
In its first draft, the regulation required companies to track commodities back to their exact plot of land using GPS coordinates, holding them accountable for forest loss along their supply lines with criminal charges and large financial penalties.
"It wasn't bureaucracy for its own sake," Schally explained. "These rules were the tool that made the rules enforceable, created a verifiable paper trail, and stopped companies from hiding behind opaque production networks."
Mounting Pressure
Yet, the strict due diligence triggered a backlash in Brussels from multinational corporations, producer countries, rightwing parties 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 like the United States," noted corporate sustainability professor, suggesting the commission gave in 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 option for more reductions 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 stripped them back," said 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.
"It is very frustrating because we put a lot of effort into preparing," said Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it may be changed. It’s a major letdown."
Official Defense
A commission spokesperson supported the final law, stating: "We have listened to concerns and taken action to ensure a pragmatic and balanced implementation."
"The revised regulation provides for predictability, which is crucial for companies and national regulators to effectively enforce this very important law."