European Union Deforestation Law Largely 'Gutted' Despite High Hopes

Originally hailed as a groundbreaking regulation that would combat the global scourge of deforestation.

However, the final version of the EU's deforestation regulation, once touted as the crown jewel of the European Green Deal, has emerged in a severely weakened state, prompting criticism from its initial author and green lawmakers.

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

Schally cautioned that fewer obligated actors, fewer data points, and imprecise sourcing details would complicate the task of authorities.

A Watered-Down Law

Environmental MEP a leading green politician went further, labeling the delays, loopholes and exemptions – such as one for paper goods – as the "systematic weakening" of the law.

This final text is a far cry from the hopes of more than a million European citizens who signed a petition in 2020 demanding a prohibition of deforestation-linked products.

At its launch in 2021, the EU's climate chief Frans Timmermans trumpeted it as "the toughest legislation ever put forward to combat forest loss."

From Ambition to Compromise

The law's unravelling has been interpreted as the EU walking back its environmental promises. It faced two major postponements, reportedly over technical problems, which sparked criticism.

"By reopening this file instead of solving a simple IT problem, the commission opened Pandora’s box," remarked the Green MEP.

In its first draft, the law mandated that firms to trace commodities back to their specific geographic origin using GPS coordinates, making them liable for forest loss along their supply lines with penalties and hefty fines.

"It wasn't bureaucracy for its own sake," Schally said. "These rules were the tool that made the rules enforceable, created a verifiable paper trail, and prevented firms from obscuring their activities behind complex supply chains."

Mounting Pressure

However, the strict due diligence provoked opposition in the EU capital from large companies, exporting nations, rightwing parties and member states with forestry industries.

Experts cite last year's European Parliament elections as a decisive moment, creating a new political majority less favorable toward green regulations.

"The other pressure has come from big trading partners outside the EU," noted expert Andreas Rasche, suggesting the EU yielded to some requests during negotiations.

The Weakened Final Text

The passed law includes several critical weakenings:

  • Retailers and traders were mostly exempted from conducting rigorous checks.
  • A new exemption for small operators was created.
  • A window for further "simplifications" was opened for next spring.
  • Only a handful of nations – Russia, Belarus, North Korea and Myanmar – will face “high risk” scrutiny.

"Rather than strengthening rules for companies, it stripped them back," said the law's author. "Moving obligations upstream, it lessened the number of responsible firms."

Business Frustration

The protracted process and revisions have also created annoyance for businesses that complied early.

"It is very frustrating because we put a lot of effort 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."

Official Defense

An EU representative supported the final law, stating: "The commission has responded 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 competent authorities to effectively enforce this very important regulation."

Sheena Martin
Sheena Martin

A digital nomad and minimalist lifestyle coach, sharing strategies for intentional living and sustainable habits.