EU Anti-Deforestation Law Effectively 'Gutted' Despite High Hopes
It was a pioneering law that would curb the worldwide crisis of deforestation.
However, the final version of the EU's anti-deforestation law, previously touted as the crown jewel of the Green Deal, has emerged in a significantly diluted state, leading to criticism from its initial author and environmental politicians.
"The regulation was hollowed out," stated Hugo Schally, citing the exclusion of key obligations for downstream traders to verify the provenance of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that fewer obligated actors, less information collected, and imprecise sourcing details would hinder monitoring and legal action.
Political Dismantling
Environmental MEP Marie Toussaint went further, labeling the postponements, exceptions and new loopholes – including one for paper goods – as the "political dismantling" of the law.
This outcome stands in stark contrast to the hopes of over 1.2 million EU citizens who supported an initiative in 2020 calling for a prohibition of goods linked to forest destruction.
At its launch in 2021, the EU's climate chief the European commissioner called it "the most ambitious legislation ever put forward to fight forest loss."
A Story of Dilution
The law's unravelling is seen by critics as the EU walking back its environmental promises. It faced two major postponements, ostensibly over IT issues, which sparked criticism.
"By reopening this file rather than fixing a technical issue, authorities invited political interference," remarked the Green MEP.
In its first draft, the law required companies to track commodities to their exact plot of land using GPS coordinates, holding them accountable for forest loss along their supply lines with penalties and large financial penalties.
"It wasn't bureaucracy for its own sake," Schally explained. "These rules were the tool that ensured enforcement, established traceability, and stopped companies from hiding behind complex supply chains."
Intense Lobbying
However, the rigorous checks provoked opposition in the EU capital from large companies, exporting nations, rightwing parties and member states with forestry industries.
Experts cite last year's European Parliament elections as a decisive moment, shifting the balance of power less favorable toward green regulations.
"The other pressure has come from major export markets outside the EU," noted expert Andreas Rasche, implying the EU yielded to some requests during negotiations.
Key Loopholes Introduced
The passed law features key dilutions:
- 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 – geopolitical adversaries of the EU – will face “high risk” scrutiny.
"Rather than strengthening rules for companies, it rolled them back," lamented the law's author. "By shifting responsibilities upstream, it reduced accountability."
Business Frustration
The delays and changes have also caused frustration for companies that prepared in advance.
"We feel very annoyed because we put a lot of effort into preparing," said a coffee company executive. "We purchased systems, trained staff and established procedures... now they’re saying it could be altered again. It’s a big frustration."
The Commission's Stance
An EU representative supported the final law, stating: "The commission has responded to feedback and taken action to ensure a pragmatic and balanced implementation."
"The revised regulation provides for predictability, which is crucial for companies and competent authorities to effectively enforce this very important law."