EU Timber Regulation (Regulation (EU) No 995/2010) and secondary measures.

EU “Timber” RegulationEU “Timber” Regulation(Regulation (EU) No 995/2010)(Regulation (EU) No 995/2010)

and secondary measuresand secondary measures

OutlineOutline

• Why ?• What ?• Who ? • How ? • When ?

Why ?Why ?

• EU FLEGT Action Plan (2003)

• FLEGT Regulation (2005) - Voluntary Partnership Agreements (VPA)

• VPAs good but

Limited coveragePossibility of shipping via a third countryDemands for legislation to make it illegal to sell illegal timber in the EU

What ? What ? OBLIGATIONSOBLIGATIONS

• Due diligence = “operators” shall use procedures and measures called “due diligence system” (DDS)

• Prohibition to place illegally harvested timber or timber products on the EU market

• Traceability = “traders” shall be able to identify their suppliers and customers

What ? What ? PRODUCTPRODUCT SCOPESCOPE• Listed in Annex using EU Customs codes

• Covers a wide range of timber products

• Does not cover:

• Waste and recycled products

• Packaging material to support or carry another product

• Certain bamboo and rattan products

• Other products not listed in Annex (e.g. toys; musical instruments)

• May be amended to include other products (Chapter 49 Printed paper)

What ? What ? ILLEGALLY HARVESTED?ILLEGALLY HARVESTED?

• Harvested in contravention of the applicable legislation in the country of harvest

• Applicable legislation: 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 ? Who ? WHO IS LIABLE?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– 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 ? Who checks ? ROLEROLE OF THE MEMBER STATESOF THE MEMBER STATES

• Competent authorities (CA) = national government bodies responsible for the application and enforcement:

– Check operators

– Check MOs

– Reports, etc.

A list of CA can be found here:

http://ec.europa.eu/environment/forests/timber_regulation.htm

• Penalties: effective, proportionate and dissuasive penalties

How ? How ? DUEDUE DILIGENCEDILIGENCE SYSTEM (DDS)SYSTEM (DDS)

Negligible risk

Risk not negligible

Risk mitigation

Flegt license

How ? How ? FLEGT and CITES licencesFLEGT and CITES licences

• Products covered by FLEGT or CITES licenses are considered to have been legally harvested for the purposed of the EU Timber Regulation

• This means by importing FLEGT or CITES licensed timber, due diligence is exercised.

How ? How ? RoleRole of 3rd party verified schemes?of 3rd party verified schemes?

• Not a proof of legality!

• 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 ? When ? ENTRYENTRY INTO APPLICATIONINTO APPLICATION

• 3/3/20133/3/2013

• “Secondary legislation”:

– April/June 2012 a delegated Regulation on the procedural rules for the recognition and withdrawal of recognition of monitoring organisations

– June 2012 an implementing Regulation on the detailed rules concerning the due diligence system and the frequency and nature of the checks on monitoring organisations