EU Anti-Deforestation Regulation Largely 'Dismantled' After Initial Fanfare
Widely celebrated as a pioneering law that would combat the global crisis of deforestation.
But, the revised version of the European Union's anti-deforestation law, once heralded as the flagship policy of the European Green Deal, has been passed in a severely weakened state, leading to criticism from its original architect and green lawmakers.
"The regulation was hollowed out," said the law's original author, pointing to the exclusion of key obligations for downstream traders to verify 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 complicate the task of authorities.
Political Dismantling
Green party vice-president Marie Toussaint went further, labeling the postponements, exceptions and new loopholes – including one for paper goods – as the "systematic weakening" of the law.
This outcome is a far cry from the demands of over 1.2 million EU 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 called it "the most ambitious law proposed to fight forest loss."
From Ambition to Compromise
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 sparked criticism.
"By reopening this file instead of solving a simple IT problem, authorities invited political interference," commented Toussaint.
Originally, the law required companies to trace commodities back 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. "It was the mechanism that ensured enforcement, established traceability, and stopped companies from hiding behind opaque production networks."
Mounting Pressure
However, the strict due diligence triggered a backlash in Brussels from multinational corporations, producer countries, rightwing parties and EU logging states.
Experts cite last year's European Parliament elections as a turning point, 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 demands in trade talks.
Key Loopholes Introduced
In the final legislation includes several critical weakenings:
- Downstream operators were mostly exempted from submitting due diligence statements.
- A new exemption for small operators was created.
- A option for more reductions was established for next spring.
- Only four countries – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.
"Instead of tightening downstream obligations, it stripped them back," lamented the law's author. "By shifting responsibilities upstream, it lessened the number of responsible firms."
Business Frustration
The protracted process and revisions 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 invested in software, followed seminars and built a team... now they’re saying it could be altered again. It’s a big frustration."
The Commission's Stance
An EU representative defended the outcome, saying: "The commission has responded to feedback and taken action to ensure a simple, fair and cost-efficient implementation."
"The new text ensures stability, which is crucial for companies and competent authorities to effectively enforce this very important regulation."