EU Deforestation Law Effectively 'Gutted' After High Hopes

Widely celebrated as a landmark law that would curb the worldwide crisis of deforestation.

However, the revised version of the EU's deforestation regulation, previously touted as the crown jewel of the European Green Deal, has been passed in a severely weakened state, prompting criticism from its original architect and green lawmakers.

"It has been gutted," said the law's original author, citing the exclusion of key obligations for later-stage companies to check the origin of products like coffee, cocoa, beef, soy, palm oil, rubber and timber.

He warned that a reduced number of responsible companies, less information collected, and imprecise sourcing details would hinder monitoring and legal action.

Political Dismantling

Environmental MEP a leading green politician was more blunt, describing 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 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, then-Green Deal commissioner the European commissioner trumpeted it as "the toughest law proposed to combat forest loss."

A Story of Dilution

The regulation's dilution has been interpreted as the EU walking back its green talk. The proposal encountered two major postponements, reportedly over IT issues, which sparked criticism.

"By reopening this file instead of solving a technical issue, the commission opened Pandora’s box," commented the Green MEP.

In its first draft, the regulation mandated that firms to track goods to their specific geographic origin using geolocation data, making them liable for forest loss along their supply lines with penalties 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, created a verifiable paper trail, and stopped companies from hiding behind opaque production networks."

Mounting Pressure

However, the rigorous checks provoked opposition in the EU capital from multinational corporations, producer countries, conservative political groups and member states with forestry industries.

Analysts point to last year's EU elections as a decisive moment, shifting the balance of power more skeptical of green regulations.

"The other pressure has come from major export markets like the United States," said corporate sustainability professor, implying the commission gave in to some requests during negotiations.

Key Loopholes Introduced

In the final legislation includes key dilutions:

  • Downstream operators were mostly exempted from conducting rigorous checks.
  • A new “low risk” category was created.
  • A window for further "simplifications" was established for next spring.
  • Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face the strictest monitoring.

"Instead of tightening downstream obligations, it stripped them back," lamented Schally. "Moving obligations to producers, it lessened the number of responsible firms."

Business Frustration

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

"We feel very annoyed because we invested significant resources into complying," stated Xavier Rombouts. "We invested in software, followed seminars and built a team... now they’re saying it may be changed. It’s a big frustration."

The Commission's Stance

An EU representative supported the final law, saying: "We have listened to concerns 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."

Amanda Mcgee
Amanda Mcgee

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