EU Anti-Deforestation Law Largely 'Watered Down' Despite Initial Fanfare

Originally hailed as a pioneering law that would curb the global scourge of deforestation.

But, the final version of the European Union's anti-deforestation law, once heralded as the flagship policy of the Green Deal, has been passed in a severely weakened state, leading to alarm from its original architect and environmental politicians.

"It has been gutted," said Hugo Schally, citing the removal of key obligations for later-stage companies to verify the provenance of commodities like palm oil, soy, wood, beef, rubber, cocoa and coffee.

Schally cautioned that fewer obligated actors, less information collected, and imprecise sourcing details would complicate the task of authorities.

Political Dismantling

Green party vice-president Marie Toussaint was more blunt, describing the postponements, exceptions and new loopholes – including one for paper goods – as the "systematic weakening" of the law.

This final text stands in stark contrast to the hopes of more than a million EU citizens who supported an initiative in 2020 demanding a prohibition of goods linked to forest destruction.

When launched in 2021, the EU's climate chief Frans Timmermans called it "the toughest legislation proposed to fight forest loss."

A Story of Dilution

The regulation's dilution has been interpreted as the EU walking back its green talk. The proposal encountered significant delays, ostensibly over IT issues, which drew condemnation.

"By reopening this file instead of solving a technical issue, authorities invited political interference," remarked the Green MEP.

In its first draft, the regulation mandated that firms to trace goods 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.

"It wasn't bureaucracy for its own sake," Schally explained. "These rules were the tool that made the rules enforceable, established traceability, and stopped companies from hiding behind complex supply chains."

Intense Lobbying

Yet, the strict due diligence provoked opposition in the EU capital from large companies, exporting nations, conservative political groups and member states with forestry industries.

Experts cite last year's European Parliament elections as a decisive moment, shifting the balance of power more skeptical of green regulations.

"The other pressure came from big trading partners like the United States," noted expert Andreas Rasche, suggesting the EU yielded to some demands in trade talks.

The Weakened Final Text

The passed law includes several critical weakenings:

  • Downstream operators were mostly exempted 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 downstream obligations, it rolled them back," said Schally. "Moving obligations upstream, it reduced accountability."

Business Frustration

The delays and changes have also caused frustration for businesses that complied early.

"It is very frustrating because we invested significant resources 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."

Official Defense

An EU representative supported the final law, stating: "The commission has responded to concerns and taken action to ensure a pragmatic and balanced implementation."

"The new text provides for predictability, which is crucial for companies and competent authorities to effectively enforce this very important regulation."

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