European Union Anti-Deforestation Regulation Effectively 'Watered Down' After High Hopes
Originally hailed as a groundbreaking piece of legislation that would help stop the global scourge of forest loss.
However, the revised version of the European Union's anti-deforestation law, once touted as the crown jewel of the European Green Deal, has been passed in a severely weakened state, prompting alarm from its initial author and green lawmakers.
"It has been hollowed out," said the law's original author, pointing to the exclusion of key obligations for downstream traders to check the provenance of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.
Schally cautioned that fewer obligated actors, fewer data points, and less precise origin data would make enforcement and prosecution more difficult.
Political Dismantling
Green party vice-president Marie Toussaint went further, labeling the postponements, exceptions and new loopholes – such as one for printed products – as the "systematic weakening" of the law.
This final text stands in stark contrast to the hopes of more than a million European citizens who supported an initiative in 2020 calling for a ban on deforestation-linked products.
When launched in 2021, then-Green Deal commissioner Frans Timmermans trumpeted it as "the toughest legislation proposed to fight deforestation."
From Ambition to Compromise
The law's unravelling is seen by critics as the European Union retreating from its green talk. The proposal encountered significant delays, ostensibly over IT issues, which sparked criticism.
"By revisiting the legislation instead of solving a technical issue, the commission opened Pandora’s box," remarked the Green MEP.
In its first draft, the law mandated that firms to trace commodities back to their exact plot of land using geolocation data, making them liable for deforestation in their supply chains with penalties and large financial penalties.
"It wasn't bureaucracy for its own sake," Schally said. "It was the mechanism that ensured enforcement, established traceability, and stopped companies from hiding behind opaque production networks."
Intense Lobbying
However, the strict due diligence triggered a backlash in Brussels from multinational corporations, producer countries, conservative political groups and EU logging states.
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 has come from major export markets outside the EU," noted expert Andreas Rasche, suggesting the EU yielded to some demands in trade talks.
The Weakened Final Text
The passed law features key dilutions:
- Downstream operators were largely freed from submitting due diligence statements.
- A new “low risk” category was introduced.
- A option for more reductions was established for next spring.
- Only four countries – geopolitical adversaries of the EU – will face the strictest monitoring.
"Instead of tightening rules for companies, it rolled them back," lamented Schally. "Moving obligations upstream, it reduced accountability."
Uncertainty for Companies
The protracted process and revisions have also caused frustration for companies that prepared in advance.
"We feel very annoyed because we invested significant resources into preparing," stated 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."
Official Defense
A commission spokesperson supported the final law, saying: "The commission has responded to feedback and taken action to ensure a pragmatic and balanced implementation."
"The new text ensures stability, which is crucial for companies and national regulators to successfully implement this vitally important regulation."