European Union Anti-Deforestation Regulation Effectively 'Gutted' Despite High Hopes

Widely celebrated as a landmark regulation that would curb the global crisis of forest loss.

However, the revised version of the EU's deforestation regulation, previously touted as the flagship policy of the Green Deal, has been passed in a significantly diluted state, prompting criticism from its initial author and green lawmakers.

"It has been hollowed out," said Hugo Schally, citing the exclusion of key obligations for downstream traders to check the provenance 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 less precise origin data would complicate the task of authorities.

A Watered-Down Law

Green party MEP Marie Toussaint went further, labeling the delays, loopholes and exemptions – including one for paper goods – as the "systematic weakening" of the law.

This final text is a far cry from the hopes 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 Frans Timmermans trumpeted it as "the toughest law ever put forward to fight forest loss."

A Story of Dilution

The law's unravelling is seen by critics as the EU walking back its green talk. It faced significant delays, ostensibly over IT issues, which sparked criticism.

"By reopening this file rather than fixing a technical issue, authorities invited political interference," commented the Green MEP.

In its first draft, the regulation required companies to trace commodities to their specific geographic origin using GPS coordinates, making them liable for deforestation in their supply chains with criminal charges and hefty fines.

"This was not red tape for its own sake," the former official explained. "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

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

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

"Additional intense pressure has come from major export markets outside the EU," said corporate sustainability professor, implying the EU yielded to some demands in trade talks.

The Weakened Final Text

The passed law includes 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 opened 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 stripped them back," lamented the law's author. "By shifting responsibilities 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.

"We feel very annoyed because we put a lot of effort into preparing," stated a coffee company executive. "We purchased systems, trained staff and established procedures... now they’re saying it may be changed. It’s a big frustration."

The Commission's Stance

A commission spokesperson supported the final law, stating: "The commission has responded to concerns and taken action to ensure a simple, fair and cost-efficient application."

"The revised regulation ensures stability, which is key for business and national regulators to effectively enforce this very important regulation."

Brian Johnson
Brian Johnson

A digital strategist with over a decade of experience in media innovation and client-focused solutions.