john bazill, dg environment ec, timber regulation
TRANSCRIPT
11
EU EU ““ TimberTimber ”” RegulationRegulation““ Regulation (EU) No 995/2010 of the European Regulation (EU) No 995/2010 of the European
Parliament and of the Council of 20 October 2010Parliament and of the Council of 20 October 2010laying down the obligations of operators who place laying down the obligations of operators who place
timber and timber products on the markettimber and timber products on the market ””
Directorate General “Environment”European Commission
22
PRESENTATION OUTLINE
Main features of the EU Timber Regulation
Timeline and future steps
33
1. Prohibition on the first placing of illegal timber and timber products on the EU market
Applies both to EU and imported timberNot a border measure (unlike FLEGT Regulation)
KEY FEATURES
KEY FEATURES
2. 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 traded
3. Basic traceability for internal traders i.e. other than “operators” – to keep records on suppliers and customers
44
DEFINITION OF LEGALITY
Definition of legality - legislation applicable in country of harvest:
Legal rights to harvestTaxes and fees linked to harvestingCompliance with timber harvesting laws, including directly related environmental and forest legislationRespect for third parties tenure/use rightsRelevant trade and customs rules
Note: FLEGT & CITES timber is considered in compliance with the EU Timber Regulation - has a “green lane”
55
PRODUCT SCOPE
Timber and a wide range of timber products, listed using Customs codes in the Annex�recycled products are exempted
66
NEXT STEPS TIMELINE
88
ENTRY INTO FORCE AND APPLICATION
The Regulation was published in the Official Journal of the EU and entered into force on 2nd
December 2010
It will become applicable as from 3 March 2013
Implementing legislation to be adopted in this period. Member States have to designate competent authorities, lay down penalties etc.
FURTHER STEPS
Delegated 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 2012risk assessment & risk mitigation measures; frequency and nature of checks on monitoring organisations
1010
MONITORING ORGANIZATIONSDelegated ActDelegated Act
ProceduralProcedural rulesrules for recognition by the European for recognition by the European Commission and for Commission and for withdrawalwithdrawal of recognition of recognition
MO maintain and evaluate a due diligence system and MO maintain and evaluate a due diligence system and grant operators the right to use itgrant operators the right to use it
MO should ensure that operators correctly apply the due MO should ensure that operators correctly apply the due diligence system and take appropriate action if they diligence system and take appropriate action if they dondon’’tt
MO MO shouldshould have have appropriateappropriate expertise and expertise and capacitycapacity for for the the aboveabove
MO should be legally established within the EUMO should be legally established within the EU
MO MO shouldshould ensureensure absence of absence of conflictconflict of of interestinterest
DUE DILIGENCEImplementing Measures
Elements:InformationInformation : : having access to information on e.g. having access to information on e.g. country/region of harvest, species, quantity, documents or country/region of harvest, species, quantity, documents or other information indicating legal complianceother information indicating legal compliance
Risk assessment:Risk assessment: on the basis of risk assessment on the basis of risk assessment criteria, e.g. assurance of legal compliance, prevalence of criteria, e.g. assurance of legal compliance, prevalence of illegal harvesting of a species or practices in a country, illegal harvesting of a species or practices in a country, complexity of the supply chain, sanctions by the UN complexity of the supply chain, sanctions by the UN Security Council or Council of EU on timber tradeSecurity Council or Council of EU on timber trade
Risk mitigationRisk mitigation : : adequate and proportionate adequate and proportionate measures and procedures to minimise the risk, e.g. measures and procedures to minimise the risk, e.g. additional documents, thirdadditional documents, third--party verificationparty verification
Will apply to EU and imported timber and to timber supply Will apply to EU and imported timber and to timber supply chains ranging from simple to very complexchains ranging from simple to very complex
1212
+ CHECKS ON MOs
Rules for Member States (MS) to check on Rules for Member States (MS) to check on MOsMOs
Note Note thatthat rulesrules for MS to check for MS to check operatorsoperatorsare for MS to are for MS to decidedecide
CONSULTATION PROCESS
External study (EFI) - best practice
Stakeholder meetings
Expert meetings to consult the delegated actFLEGT Committee will assist the Commission in adopting detailed rules
Inputs from all interested parties welcome.
1414
Thank you!Thank you!
European CommissionDG ENV.E.2 - Environmental Agreements & Trade
E-mail: [email protected]; [email protected]
Website: http://ec.europa.eu/environment/forests/illegal_logg ing.htm