Transcript of "John Bazill, DG Environment EC, Timber Regulation"
EU “Timber” Regulation “Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010laying down the obligations of operators who place timber and timber products on the market” Directorate General “Environment” European Commission 1
PRESENTATION OUTLINEMain features of the EU TimberRegulationTimeline and future steps 2
KEY FEATURES1. Prohibition on the first placing of illegal timber and timber products on the EU market Applies both to EU and imported timber Not a border measure (unlike FLEGT Regulation) 3
KEY FEATURES2. Obligation of “due diligence” for the operators i.e. first placing timber and timber products on the EU market – to take measures to verify the legality of timber or timber products traded3. Basic traceability for internal traders i.e. other than “operators” – to keep records on suppliers and customers 4
DEFINITION OF LEGALITYDefinition of legality - legislation applicable incountry of harvest: 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 Note: FLEGT & CITES timber is considered in compliance with the EU Timber Regulation - has a “green lane” 5
PRODUCT SCOPETimber and a wide range of timberproducts, listed using Customs codes inthe Annex recycled products are exempted 6
ENTRY INTO FORCE AND APPLICATIONThe Regulation was published in the OfficialJournal of the EU and entered into force on 2ndDecember 2010It will become applicable as from 3 March 2013Implementing legislation to be adopted in thisperiod. Member States have to designatecompetent authorities, lay down penalties etc. 8
FURTHER STEPSDelegated Acts procedural rules for recognition of monitoring organisations - by 3 March 2012 amendment of product scope, further risk criteria (no deadline - will be considered later)Implementing Measures by 3 June 2012 risk assessment & risk mitigation measures; frequency and nature of checks on monitoring organisations
MONITORING ORGANIZATIONS Delegated ActProcedural rules for recognition by the EuropeanCommission and for withdrawal of recognitionMO maintain and evaluate a due diligence system andgrant operators the right to use itMO should ensure that operators correctly apply the duediligence system and take appropriate action if theydon’tMO should have appropriate expertise and capacity forthe aboveMO should be legally established within the EUMO should ensure absence of conflict of interest 10
DUE DILIGENCE Implementing MeasuresElements: Information: having access to information on e.g. country/region of harvest, species, quantity, documents or other information indicating legal compliance Risk assessment: on the basis of risk assessment criteria, e.g. assurance of legal compliance, prevalence of illegal harvesting of a species or practices in a country, complexity of the supply chain, sanctions by the UN Security Council or Council of EU on timber trade Risk mitigation: adequate and proportionate measures and procedures to minimise the risk, e.g. additional documents, third-party verification Will apply to EU and imported timber and to timber supply chains ranging from simple to very complex
+ CHECKS ON MOsRules for Member States (MS) to check onMOsNote that rules for MS to check operatorsare for MS to decide 12
CONSULTATION PROCESSExternal study (EFI) - best practiceStakeholder meetings Expert meetings to consult the delegatedactFLEGT Committee will assist theCommission in adopting detailed rulesInputs from all interested parties welcome.