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

Originally hailed as a groundbreaking piece of legislation that would curb the worldwide crisis of forest loss.

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

"It has been gutted," stated Hugo Schally, pointing to the removal of crucial requirements for downstream traders to verify the origin of commodities like palm oil, soy, wood, beef, rubber, cocoa and coffee.

He warned that a reduced number of responsible companies, fewer data points, and imprecise sourcing details would make enforcement and prosecution more difficult.

Political Dismantling

Environmental MEP a leading green politician was more blunt, labeling the delays, loopholes and exemptions – such as one for printed products – as the "systematic weakening" of the law.

This outcome stands in stark contrast to the hopes of over 1.2 million European citizens who supported an initiative in 2020 calling for a ban on goods linked to forest destruction.

At its launch in 2021, then-Green Deal commissioner the European commissioner trumpeted it as "the most ambitious law proposed to combat deforestation."

A Story of Dilution

The regulation's dilution has been interpreted as the EU walking back its green talk. It faced significant delays, reportedly over IT issues, which sparked criticism.

"By reopening this file instead of solving a technical issue, authorities invited political interference," commented Toussaint.

Originally, the law mandated that firms to trace commodities to their exact plot of land using GPS coordinates, holding them accountable for deforestation in their supply chains with penalties and large financial penalties.

"This was not red tape for its own sake," the former official explained. "It was the mechanism that ensured enforcement, established traceability, and stopped companies from hiding behind complex supply chains."

Mounting Pressure

Yet, the rigorous checks triggered a backlash in Brussels from multinational corporations, exporting nations, rightwing parties and member states with forestry industries.

Analysts point to last year's EU elections as a decisive moment, shifting the balance of power less favorable toward environmental rules.

"The other pressure came from major export markets outside the EU," noted corporate sustainability professor, suggesting the commission gave in to some demands in trade talks.

Key Loopholes Introduced

The passed law features several critical weakenings:

  • 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.

"Rather than strengthening downstream obligations, it rolled them back," lamented the law's author. "Moving obligations to producers, it lessened the number of responsible firms."

Business Frustration

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 preparing," said Xavier Rombouts. "We invested in software, followed seminars and built a team... 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, saying: "We have listened to feedback and acted to ensure a simple, fair and cost-efficient application."

"The new text provides for predictability, which is key for business and national regulators to effectively enforce this vitally important regulation."

Raymond Joseph
Raymond Joseph

Elara is a seasoned mountaineer with over a decade of experience scaling peaks worldwide, sharing insights on alpine safety and expedition planning.