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Tim Grabiel ClientEarth Timber Regulation

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Tim Grabiel ClientEarth Timber Regulation

  1. 1. Vision for Implementation of the EU Timber Regulation 27 January 2011
  2. 2. Introduction to ClientEarth• ClientEarth is a non-profit environmental law organisation based in Europe with offices in London, Brussels, Paris and Warsaw.• We are lawyers working at the interface of law, science, and policy. Using law, we develop legal strategies and tools to address environmental issues.• Our work covers climate change, forests, access to justice, biodiversity, marine protection, and public health.
  3. 3. Stakeholders Substantive provisions apply from 3 March 2013European CommissionMember StatesOperators and Monitoring OrganisationsCivil Society
  4. 4. European CommissionImplementing Measures / Delegated Acts 1. Due Diligence (3 June 2012) 2. Accreditation Procedure (3 March 2012) 3. Checks (3 June 2012)
  5. 5. Due Diligence – Information Article 6(1)(a)“Where applicable” means Sub-national regions contain additional or alternative applicable legislation. Logging requires a concession of harvest.Standard Forms Annex containing standard forms on each informational point.Indications of Compliance Uniform presentation of applicable legislation. Forms of proof, including declarations, affidavits, foreign documentation, official documents.
  6. 6. Due Diligence – Risk Assessment Article 6(1)(b)Methodology for Assessment Guidance from other regulatory systems, such as money laundering and food safety.Assurance of Compliance Evidential value of various additional proof of compliance and third-party verification. Complexity of the supply chain.
  7. 7. Due Diligence – Risk Mitigation Article 6(1)(b)“Negligible” Clarify according to its ordinary and regulatory meaning.Proportionality of Measures Reaffirm risk must be reduced to negligible levels.Additional Information / Third-Party Verification Outline additional information for common risks.
  8. 8. Accreditation Procedure and Checks Article 8Transparency Values Access to Information Notification and Public Participation Internal Review and Access to Justice Criteria for Withdrawal of Recognition
  9. 9. Member StatesCompetent Authorities Ensure authority to discharge their duties. Ensure power to issue notices of remedial actions, such as seizure of timber and suspension of marketing. Develop plans for official checks. Create procedures for receiving and acting on substantiated concerns from third parties.Sanctions and Penalties “Effective, proportionate, and dissuasive,” including fines, seizure, and suspension of trade authorisation.
  10. 10. Civil SocietyVoluntary Partnership Agreements Promote VPAs and forest governance.Case Studies Track flows and monitor leakage. Exposés and US Lacey Act angles.Compliance and Enforcement Identify and target bad actors. Outreach and coordination among governments, civil society, enforcement agencies.
  11. 11. Contact details: Tim Grabiel Senior Lawyer ClientEarth tgrabiel@clientearth.org m: +33 (0)6.32.76.77.04 t: +44 (0)20 3030 5957

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