In recent months, there has been increasing resistance to the European Union’s ambitious anti-deforestation regulation. This pushback has originated not only from within EU member states but also from international trading partners. Most notably, on September 12, German Chancellor Olaf Scholz called for a six-month delay in enforcing these critical regulations. Such a request represents a troubling retreat from leadership, particularly in the face of a climate crisis that demands immediate action. The necessity for the deforestation law remains as urgent as ever.
The EU’s Deforestation-Free Products Regulation (EUDR) mandates that companies operating within the EU must ensure that commodities they import or export have been produced in compliance with environmental laws and land use rights. Furthermore, these products must come from land that has not been deforested after 2020. Alarmingly, in 2023 alone, the world witnessed the loss of nearly 10 soccer fields of vital forest cover every minute. The leading cause of this alarming trend is commercial-scale agriculture, which remains the predominant driver of deforestation globally.
The EU’s consumption of seven key commodities targeted by the EUDR—namely cattle, coffee, cocoa, palm oil, rubber, soy, and wood—ranks just behind China’s in terms of deforestation impact. However, the implications extend beyond forest loss.
Addressing Human Rights Violations
The rights of individuals affected by the supply chains of products consumed in Europe are often severely compromised. This includes instances of children being trafficked for labor on cocoa plantations, Indigenous communities being forcibly displaced by logging operations, and workers on palm oil plantations suffering from pesticide-related illnesses. The EUDR seeks to confront these critical human rights issues through rigorous due diligence requirements that illuminate often convoluted supply chains, which can obscure significant violations.
Relying on voluntary commitments is insufficient to tackle these issues effectively. Historical evidence shows that without enforceable penalties for non-compliance and without mandatory regulations to ensure fair competition, companies will likely fail to meet necessary sustainability standards.
In a recent open letter advocating for the timely implementation of the EUDR, confectionery giant Barry Callebaut emphasized these points. The company acknowledged that while compliance with the EUDR demands substantial effort and resources, such commitments are essential for driving meaningful change in the cocoa supply chain. Callebaut also cautioned against any revisions to the law that could undermine their progress, asserting that companies striving to meet these new standards should not be penalized for the shortcomings of others.
Interestingly, while some countries, such as Brazil, have openly criticized the EUDR, others are making notable strides toward compliance. Thailand, recognized as the world’s largest producer of natural rubber, has reportedly enhanced its traceability efforts, allowing smallholders to command higher prices. Similarly, Ivory Coast, the leading cocoa producer globally, is actively registering every small cocoa farm and mapping their locations. Producers in Argentina and Paraguay, among the top soy exporters, are preparing to ship deforestation-free soy to the EU.
The Timeliness of the Law
As discussions continue in Brussels, the lack of a definitive statement from European Commission President Ursula von der Leyen regarding the EUDR remains concerning. Detractors have pointed to comments from an Austrian member of the European Parliament, who claims that von der Leyen indicated a potential delay in implementation during a recent private meeting. However, in her political guidelines for her new term, von der Leyen asserted the Commission’s commitment to pursue all goals outlined in the European Green Deal, emphasizing the urgent need for action.
In her mission letter, von der Leyen instructed Jessika Roswall, the candidate for the environment commissioner role, to prioritize the enforcement and implementation of existing environmental legislation. Most recently, reports indicate that the Commission has assured the World Trade Organization (WTO) that there will be no delay in implementing the EUDR. Yet, a public affirmation from von der Leyen remains elusive.
Voices from the Front Lines
For those directly affected by deforestation, the EUDR’s implementation cannot come soon enough. Recently, I had the opportunity to speak with an Indigenous community in Malaysian Borneo that is valiantly fighting to protect their ancestral lands from a logging company. Facing the threat of eviction and severe economic hardship, the village chief poignantly stated, “We have nowhere else to go,” while showing me the correspondence they had sent to government officials protesting the impending order. It is disheartening to note that just a few hundred kilometers away, wood pellets sourced from these forests were being exported to France, Germany, and the Netherlands.
This underscores the critical importance of the EUDR, and the pressing need for President von der Leyen to unequivocally support the regulation and its objectives.
Luciana Téllez Chávez is a senior environment and human rights researcher at Human Rights Watch.
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