implementation of eu timber trade regulations - … section... · 4 2003 forest law enforcement,...
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Background
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Economic
It results in lost revenues and undermines the efforts of legitimate operators.
Environmental
It is associated with deforestation, climate change and loss of biodiversity.
Social
It is linked to conflicts over land and resources.
50–90% of the
wood in some
tropical countries is
suspected to come
from illegal sources
UNEP & INTERPOL, 2012
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2003
Forest Law Enforcement, Governance and Trade (FLEGT) Action Plan
2005
FLEGT Regulation
2010
EU Timber Regulation (EUTR)
2015
Action Plan Review
Legal Framework
▪Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market.
▪Commission Implementing Regulation (EU) No 607/2012 of 6 July 2012 on the detailed rules concerning the due diligence system and the frequency of checks on monitoring organisations.
▪Commission Delegated Regulation (EU) No 363/2012 of 23 February 2012 on the procedural rules for the recognition and withdrawal of recognition of monitoring organisations.
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Definitions
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Legality In accordance with the laws of the country of harvest: • Legal rights to harvest; • Relevant payments including duties.
Operator
First to place timber and timber products on the EU market.
Trader
Buys or sells products already on the EU market for commercial purposes.
Product Scope
Chapter 44: Fuel wood; sawdust; solid wood; plywood, veneering sheets; fibreboard; flooring; frames; packaging cases; pallets
Chapter 47: Pulp
Chapter 48: Paper
Chapter 94: Wooden furniture; prefabricated buildings
Excluded: Waste and recycled products; packaging material; printed paper and bamboo.
Timber products covered by a FLEGT license or a CITES permit are considered compliant – Article 3
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Obligations
• Placing illegally harvested timber and products derived from such timber is prohibited – Article 4(1)
• Operators are required to exercise ‘due diligence’ by using a framework of procedures which shall be maintained and regularly evaluated – Article 4(2) (3)
• Traders are required to keep information about their suppliers and customers to allow for traceability – Article 5
Due Diligence System – Article 6
Information
• Product description
• Species
• Country of harvest
• Quantity
• Supplier
• Information on compliance with applicable national legislation
Risk Assessment
• Assurance of compliance with legislation e.g. certification
• Prevalence of illegal logging of the species
• Prevalence of illegal logging in country or region
• Sanctions and armed conflicts
• Complexity of supply chain
Risk Mitigation
• Measures and procedures which are adequate and proportionate to minimize risk effectively. May include:
• Additional information from supplier
• Third party verification
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Negligible risk Negligible risk
Place on the market Place on the market
Monitoring Organisations
▪ Legally established within the EU and recognised by the EU Commission – Delegated Regulation.
▪Maintain and evaluate a due diligence system and grant operators the right to use it.
▪Verify proper use of the system by operators.
▪Take appropriate action in the event of failure including notification of competent authorities.
9 Monitoring Organisations recognised
5 may operate in all EU Member States
Operators can either develop their own systems or use one developed by a monitoring organisation.
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Implementation
▪ Lay down penalties which must be effective, proportionate and dissuasive – Article 19
▪Carry out checks on operators – Article 10
▪Carry out checks on monitoring organisations – Article 8(4)
▪Report to the EU Commission every 2 years – Article 20
Timber and Timber Products (Placing on the Market) Regulations, 2015
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Checks
Compliant Non-compliance
Notice of Remedial Actions
Compliant Non-compliance
Administrative Penalty
Remediation & payment of
penalty
Court
proceedings
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≈ 30 days Interim measure: prohibition of placing on the market
⅓ of the maximum penalty
Penalties
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First conviction
Prohibition - Article 4(1) Due diligence system Obstruction of officers Misleading information
Min: €2,500 Max: €25,000
First conviction
Traceability Record-keeping
Min: €1,500 Max: €5,000
Second or subsequent convictions
Min: €2,500 Max: €50,000
Forfeiture of timber products; Suspension of license related to trade; Additional fine equivalent to estimated economic benefit; Imprisonment.
Legal Framework
▪Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community.
Annex I: Partner Countries and Licensing Authorities
Annex II: Timber products to which the FLEGT licensing scheme applies irrespective of partner country
Annex III: Timber products to which the FLEGT licensing scheme applies only in relation to specific partner countries
▪Commission Regulation (EC) No 1024/2008 of 17 October 2008 laying down detailed measures for the implementation of the FLEGT Regulation.
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Voluntary Partnership Agreements (VPAs)
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Preparation Informal dialogue on FLEGT aims and governance assessment.
Negotiation Formal bilateral negotiations including definition of legal timber, application of tracking systems and independent monitoring. Ratification.
Development Development of a legality assurance system as agreed in VPA.
Implementation
Full operation of the licensing system.
Progress in VPAs
Implementing ▪ Cameroon ▪ Central African Republic ▪ Ghana ▪ Indonesia ▪ Liberia ▪ Republic of Congo
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Negotiating Côte d’Ivorie Democratic Republic of Congo Gabon Guyana Hondouras Laos Malaysia Thailand Vietnam
FLEGT Licensing scheme process
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Exporter
VPA Licensing Authority
EU economic operator
Competent Authority
Customs
Consignment release
Application for a license
FLEGT License issued
Consignment export
Lodging of license
License validation
Present license when shipment arrives
FLEGT Licensing Scheme
▪Applies only to imports from partner countries (VPAs)
▪ Imports of timber products listed in Annexes II & III shall be prohibited unless covered by a FLEGT license.
▪Products covered by a CITES permit are exempt.
▪ License submitted to Competent Authority prior to its expiry.
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Penalties
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First conviction Min: €1,500 Max: €25,000
Second or subsequent convictions
Min: €2,500 Max: €50,000
Forfeiture of timber products; Imprisonment.
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