European Union Anti-Deforestation Law Largely 'Dismantled' Despite High Hopes
It was a groundbreaking piece of legislation that would help stop the worldwide crisis of deforestation.
But, the revised version of the EU's anti-deforestation law, once touted as the crown jewel of the Green Deal, has emerged in a significantly diluted state, prompting alarm from its original architect and environmental politicians.
"It has been hollowed out," stated Hugo Schally, citing the exclusion of crucial requirements for downstream traders to check the origin of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that fewer obligated actors, less information collected, and less precise origin data would complicate the task of authorities.
Political Dismantling
Green party vice-president a leading green politician went further, describing the postponements, exceptions and new loopholes – including one for paper goods – as the "political dismantling" of the law.
This outcome is a far cry from the demands of over 1.2 million EU citizens who signed a petition in 2020 demanding a prohibition of deforestation-linked products.
When launched in 2021, the EU's climate chief Frans Timmermans trumpeted it as "the most ambitious legislation ever put forward to combat forest loss."
A Story of Dilution
The law's unravelling is seen by critics as the EU walking back its green talk. It faced significant delays, reportedly over IT issues, which drew condemnation.
"By reopening this file rather than fixing a simple IT problem, authorities invited political interference," remarked the Green MEP.
Originally, the regulation required companies to trace commodities back 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.
"This was not red tape for its own sake," the former official said. "These rules were the tool that made the rules enforceable, established traceability, and stopped companies from hiding behind opaque production networks."
Mounting Pressure
However, the strict due diligence provoked opposition in Brussels from multinational corporations, producer countries, rightwing parties and member states with forestry industries.
Experts cite last year's EU elections as a turning point, shifting the balance of power more skeptical of green regulations.
"Additional intense pressure came from big trading partners outside the EU," said expert Andreas Rasche, suggesting the EU yielded to some requests during negotiations.
Key Loopholes Introduced
In the final legislation features several critical weakenings:
- Downstream operators were largely freed from submitting due diligence statements.
- A new “low risk” category was created.
- A window for further "simplifications" was established for next spring.
- Only a handful of nations – geopolitical adversaries of the EU – will face the strictest monitoring.
"Rather than strengthening rules for companies, it rolled them back," lamented Schally. "Moving obligations to producers, it lessened the number of responsible firms."
Uncertainty for Companies
The delays and changes have also caused frustration for companies that prepared in advance.
"It is very frustrating because we invested significant resources into complying," 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."
Official Defense
A commission spokesperson supported the final law, saying: "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 key for business and national regulators to successfully implement this vitally important law."