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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
77
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
99
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!
1414