European Union Anti-Deforestation Law Effectively 'Watered Down' Despite High Hopes

Widely celebrated as a landmark law that would curb the worldwide scourge of forest loss.

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

"It has been hollowed out," stated the law's original author, citing the removal of crucial requirements for downstream traders to verify the origin of commodities like coffee, cocoa, beef, soy, palm oil, rubber and timber.

He warned that fewer obligated actors, less information collected, and less precise origin data would complicate the task of authorities.

Political Dismantling

Environmental vice-president Marie Toussaint was more blunt, describing the delays, loopholes and exemptions – such as one for paper goods – as the "systematic weakening" of the law.

This final text stands in stark contrast to the hopes of over 1.2 million EU citizens who supported an initiative in 2020 demanding a ban on deforestation-linked products.

When launched in 2021, the EU's climate chief the European commissioner called it "the toughest law ever put forward to fight forest loss."

From Ambition to Compromise

The law's unravelling is seen by critics as the EU walking back its green talk. The proposal encountered two major postponements, reportedly over IT issues, which drew condemnation.

"By revisiting the legislation rather than fixing a simple IT problem, the commission opened Pandora’s box," commented the Green MEP.

In its first draft, the law mandated that firms to track goods back to their specific geographic origin 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 made the rules enforceable, established traceability, and stopped companies from hiding behind complex supply chains."

Mounting Pressure

Yet, the rigorous checks provoked opposition in the EU capital from multinational corporations, exporting nations, rightwing parties and EU logging states.

Analysts point to last year's EU elections as a turning point, creating a new political majority less favorable toward environmental rules.

"The other pressure came from big trading partners outside the EU," noted corporate sustainability professor, implying the commission gave in to some demands in trade talks.

Key Loopholes Introduced

In the final legislation features key dilutions:

  • Downstream operators were largely freed from submitting due diligence statements.
  • A new “low risk” category was created.
  • A window for further "simplifications" was opened for next spring.
  • Only four countries – geopolitical adversaries of the EU – will face “high risk” scrutiny.

"Instead of tightening rules for companies, it stripped them back," lamented Schally. "By shifting responsibilities upstream, it reduced accountability."

Uncertainty for Companies

The protracted process and revisions have also created annoyance for companies that prepared in advance.

"We feel very annoyed 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 may be changed. It’s a big frustration."

The Commission's Stance

A commission spokesperson defended the outcome, saying: "We have listened to concerns and taken action to ensure a simple, fair and cost-efficient implementation."

"The revised regulation provides for predictability, which is crucial for companies and national regulators to effectively enforce this vitally important law."

David West
David West

A digital artist and design consultant with over a decade of experience in visual storytelling and creative innovation.