EU Anti-Deforestation Law Effectively 'Gutted' After High Hopes

It was a groundbreaking regulation that would help stop the global scourge of deforestation.

However, the revised version of the EU's deforestation regulation, once heralded as the flagship policy of the Green Deal, has been passed in a significantly diluted state, prompting alarm from its original architect and environmental politicians.

"The regulation was gutted," said 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 a reduced number of responsible companies, less information collected, and imprecise sourcing details would hinder monitoring and legal action.

Political Dismantling

Green party MEP a leading green politician went further, labeling the postponements, exceptions and new loopholes – including one for printed products – as the "political dismantling" of the law.

This final text stands in stark contrast to the hopes of over 1.2 million European citizens who supported an initiative in 2020 calling for a prohibition of deforestation-linked products.

When launched in 2021, then-Green Deal commissioner Frans Timmermans trumpeted it as "the most ambitious law proposed to combat deforestation."

A Story of Dilution

The law's unravelling has been interpreted as the European Union retreating from its environmental promises. It faced significant delays, ostensibly over technical problems, which sparked criticism.

"By revisiting the legislation rather than fixing a technical issue, authorities invited political interference," commented Toussaint.

In its first draft, the law mandated that firms to track goods to their exact plot of land using GPS coordinates, holding them accountable for forest loss along their supply lines with penalties and hefty fines.

"This was not red tape for its own sake," Schally said. "It was the mechanism that ensured enforcement, created a verifiable paper trail, and prevented firms from obscuring their activities behind complex supply chains."

Mounting Pressure

However, the rigorous checks provoked opposition in Brussels from large companies, exporting nations, conservative political groups and member states with forestry industries.

Analysts point to last year's EU elections as a decisive moment, creating a new political majority more skeptical of green regulations.

"Additional intense pressure came from big trading partners outside the EU," noted expert Andreas Rasche, suggesting the commission gave in to some requests during negotiations.

Key Loopholes Introduced

In the final legislation features key dilutions:

  • Retailers and traders were mostly exempted from submitting due diligence statements.
  • A new “low risk” category was introduced.
  • A window for further "simplifications" was established for next spring.
  • Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.

"Instead of tightening rules for companies, it stripped them back," lamented the law's author. "Moving obligations upstream, it reduced accountability."

Uncertainty for Companies

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 complying," stated Xavier Rombouts. "We purchased systems, trained staff and established procedures... now they’re saying it may be changed. It’s a big frustration."

Official Defense

A commission spokesperson defended the outcome, stating: "The commission has responded to feedback and taken action to ensure a simple, fair and cost-efficient implementation."

"The revised regulation ensures stability, which is crucial for companies and competent authorities to successfully implement this very important regulation."

Jerry Porter
Jerry Porter

Award-winning photographer and visual storyteller with over a decade of experience capturing landscapes and urban scenes across Europe.