FLEGT Action Plan FLEGT Action Plan -- EU Timber EU Timber

RegulationRegulation

Screening Process with Serbia

17 September 2014

European Commission

Challenge of tackling Challenge of tackling

illegal loggingillegal logging

Illegal logging – a problem with serious

environmental, social and economic impacts

Concerns about the EU serving as a market for Concerns about the EU serving as a market for

illegally harvested timber

2001 Forest Law Enforcement and Governance

(FLEG) conference, Bali, Indonesia

2003 EU adopted FLEGT Action Plan (+T for

Trade)

FLEGT Action PlanFLEGT Action Plan

EU “Timber Regulation”

FLEGT VPAsDevelopment Cooperation

Public procurement policies

Private sector actions

EU EU Timber Timber RegulationRegulation

In addition to bilateral approach demands for

overarching legislation to prevent EU serving as a overarching legislation to prevent EU serving as a

market for illegally harvested timber

Existing EU + MS instruments examined but

found inadequate

EU legislative proposal put forward 2008,

adopted 2010 as Regulation (EU) 995/2010.

Applicable since 3 March 2013

KEY OBLIGATIONSKEY OBLIGATIONS

EU operators shall exercise due diligence when placing timber

or timber products on the market by implementing procedures

so as to minimise the risk of illegal timber in their supply chainDue diligence

The placing on the market of illegally harvested timber or

timber products derived from such timber shall be prohibited

EU traders (after first placing on the EU market) shall be able

to identify from whom they bought the timber products and

where applicable, to whom they have supplied the timber

products

Prohibition

Traceability

Illegally

harvested

Harvested in

contravention of

the applicable

Applicable

legislation in the

country of harvest

- Legal rights to

harvest

- Taxes and fees

linked to harvesting

- Compliance with

timber harvesting the applicable

legislation in the

country of harvest

timber harvesting

laws, including directly

related environmental

and forest legislation

- Respect for third

parties tenure/use

rights

- Trade and customs

laws in so far as the

forest sector in

concerned

TO WHOM DOES IT APPLY?TO WHOM DOES IT APPLY?

� “Operators” = any natural or legal person who places

timber or timber products on the EU market. Responsible

for:

�Exercising of due diligence�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. Responsible for:

�Traceability

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What is a Due Diligence System?Due Diligence System?

Access to information: species, origin, quantity, supplier, evidence of compliance with legal requirements of harvest country

Risk assessment: certification, prevalence of illegal harvesting, sanctions, complex supply chains, species

Risk mitigation: Ex: additional information or documentation, audits, certification, etc.

Negligible risk - where

following full risk

assessment no cause for

concern can be

discerned

• Products covered by

FLEGT or CITES licenses

are considered to have

been legally harvested

for the purposes of the

EU Timber Regulation

OtherOther key elementskey elements

Product scope Product scope listed listed using using Customs codes. Covers Customs codes. Covers a a

wide range of timber products but not all. Excluded are wide range of timber products but not all. Excluded are

e.g. e.g. waste and recycled waste and recycled products, products, packaging material packaging material

to support or carry another to support or carry another product, product, certain bamboo certain bamboo

and rattan and rattan productsproductsand rattan and rattan productsproducts

““Monitoring organisationsMonitoring organisations” ” -- an option for an option for operators to operators to

assist them in due diligence obligationsassist them in due diligence obligations

Checks by EU Member States authorities at point of

first placing on the market – applies equally to EU and

imported timber

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FLEGT FLEGT Voluntary Partnership Voluntary Partnership

Agreements (VPAs)Agreements (VPAs)

Legally binding bilateral agreement on trade in

forest products: only legally harvested timber and

derived timber products exported to the EU

Participatory negotiation processParticipatory negotiation process

Based on partner country’s laws

Independent system audit; independent market

monitoring (ITTO)

FLEGT licence issued for each shipment by partner

country, subject to checks at EU Customs

Where?Where?

• Implementing: Cameroon, Central African Republic, Ghana, Indonesia, Liberia, Republic of the Congo

• Negotiating: Côte d'Ivoire, DR Congo, Gabon, Guyana, Honduras, Laos, Malaysia, Thailand, Vietnam

• Preparing to negotiate: Cambodia, Myanmar/Burma

• Informing: Bolivia, Colombia, Ecuador, Guatemala, Peru, Philippines, Papua New Guinea, Solomon Islands,

Sierra Leone

Other dialogues with 3Other dialogues with 3rdrd

countriescountriesChina

Russian Federation

Brazil, India as part of environment dialogue

Informal contacts the US; Australia; Japan

Recent EU trade agreements: Central America,

Colombia/Peru

EUTR and FLEGT Action Plan EUTR and FLEGT Action Plan

ReviewReview

2015 review of

FLEGT Action Plan

EU Timber RegulationEU Timber Regulation

Consultations within and outside the EU, including web-

based consultation

Reports to be submitted by EC to EU MS and European

Parliament by end 2015

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THANK YOU! THANK YOU!

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