A short review about EU Timber Regulation base on this post.
What is EU "Timber" Regulation?
In October 2010 the EU adopted a new Timber Regulation to combat trade in illegally harvested timber. This is one of a number of actions under the 2003 EU Action Plan on Forest Law Enforcement Governance and Trade (FLEGT).
Why EU 'Timber" Regulation?
Spurred by discussions at the East Asia FLEG conference in September
2001, the European Commission published its Action Plan on Forest Law
Enforcement, Governance and Trade (FLEGT) in May 2003. Approved by the
Council of the EU in October 2003, it included the following proposals:
- Negotiation of bilateral FLEGT voluntary partnership agreements (VPAs) with producer countries. The VPAs will feature a licensing system designed to identify legal products exported from partner countries and license them for import to the EU; unlicensed products will be denied entry. (See Voluntary Partnership Agreements page.)
- Capacity-building assistance to partner countries to set up the licensing scheme, improve enforcement and, where necessary, reform their laws.
- Examination of EU member states' existing domestic legislation, and consideration of additional legislative options, to prohibit the import of illegal timber. (See EU FLEGT: Timber Regulation.)
- Encouragement for the use of government procurement policy to limit purchases to legal (and sustainable) sources. (See Public Procurement page.)
- Encouragement for voluntary industry initiatives to control their own supply chains, and thereby exclude illegal products. (See Supply Chain Management page.)
- Encouragement for financial institutions to scrutinise flows of finance to the forestry industry. (See Banks and Finance page.)
A key element of the FLEGT Action Plan is a voluntary scheme to ensure
that only legally harvested timber is imported into the EU from
countries agreeing to take part in this scheme. The internal EU legal
framework for this scheme is a Regulation adopted in December 2005, and a 2008 Implementing Regulation,
allowing for the control of the entry of timber to the EU from
countries entering into bilateral FLEGT Voluntary Partnership Agreements
(VPA) with the EU. Once agreed, the VPAs will include commitments and
action from both parties to halt trade in illegal timber, notably with
a license scheme to verify the legality of timber exported to the EU.
The agreements also promote better enforcement of forest law and
promote an inclusive approach involving civil society and the private
sector.
How to implement and what is the obligation?
1. Due Diligence- "operators" shall use procedures and measures called "due diligence system" (DDS)
The core of the ‘due diligence’ notion is that operators have to undertake a risk management exercise so as to minimize the risk of placing illegally harvested timber, or timber products containing illegally harvested timber, on the EU market.
The three key elements of the “due diligence system” are:
- Information: The operator must have access to information describing the timber and timber products, country of harvest, quantity, details of the supplier and information on compliance with national legislation.
- Risk assessment: The operator should assess the risk of illegal timber in his supply chain, based on the information identified above and taking into account criteria set out in the regulation.
- Risk mitigation: When the assessment shows that there is a risk of illegal timber in the supply chain that risk can be mitigated by requiring additional information and verification from his supplier
Source of the picture above: FLEGT June 2012 capacity4dev
2. Prohibition to place illegally harvested timber or timber products on the EU market
Through Timber Legality Assurance System (TLAS) of each own country. Source the timber back to the forest license area.
3. Traceability -"Traders" shall be identified to their suppliers and customer
Through the central point of expertise for timber procurement website provides online information on how to meet the UK
Government’s Timber Procurement Policy, the EU Timber Regulation and the
Forest Law Enforcement Governance and Trade (FLEGT) Regulation.
What is the product scope?
Listed in Annex using EU Custom codes. Covers a wide range of timber products (solid wood products, flooring, plywood, pulp) and includes printed papers such as books, magazines and newspapers. The product scope can be amended if necessary. The Regulation applies to both imported and domestically produced timber and timber products. Timber and timber products covered by valid FLEGT or CITES licenses are considered to comply with the requirements of the Regulation.
Does not cover waste and recycled products, packaging material to support or carry another product, certain bamboo and rattan products or other products not listed in Annex (e.g.: toys, musical instruments). Maybe amended to include other products
What is illegally harvested timber?
Harvested in contravention of the
applicable legislation in the country of harvest such as - Legal rights to harvest
- Taxes and fees linked to harvesting
- Compliance with timber harvesting laws, including directly related environmental and forest legislation
- Respect for third parties tenure/use rights
- Relevant trade and customs rules
Who is liable?
“Operators” = any natural or legal person who
places timber or timber products on the EU market. Liable for exercising of due diligence and prohibition
"Traders” = any natural or legal person who
trades on the internal market timber or timber products already placed on the
market. Liable for the “traceability”
Who checks? Role of the member state
Competent authorities =national government bodies responsible for the application and enforcement. This means looking into operators, monitoring organizations (selected from 27 EU member states) and reports. List of CA can be found here. Penalties: effective, proportionate
and dissuasive penalties
How does FLEGT and CITES licenses work?
Products covered by FLEGT or CITES licenses are considered to have been legally harvested for the purposed of the EU Timber Regulation. Means by importing FLEGT or CITES licenses timber, due diligence is exercised.
How about 3rd party verification?
Does not enjoy the "green lane" as FLEGT or CITES license. May be taken into account in the risk assessment and risk mitigation procedures if cover compliance with applicable legislation and if considered credible. Criteria for assessing their credibility in the implementing regulation.
When will EU Timber Regulation take place?
3rd of March 2013
April / June 2012 a delegated Regulation on the procedural rules for the recognition and withdrawal of recognition of monitoring organization (selected from 27 EU member states)
June 2012 an implementing Regulation on the detailed rules concerning the due diligence system, the frequency and nature of the checks on monitoring organizations.
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