Why ? EU FLEGT Action Plan (2003) FLEGT Regulation (2005) - Voluntary Partnership Agreements (VPA) VPAs good but Limited coverage Possibility of shipping via a third country Demands for legislation to make it illegal to sell illegal timber in the EU
What ? OBLIGATIONS Due diligence = operators shall use procedures and measures called due diligence system (DDS) Prohibition to place illegally harvested timber or timber products on the EU market Traceability = traders shall be able to identify their suppliers and customers
What ? PRODUCTSCOPE What ? PRODUCT SCOPE Listed in Annex using EU Customs codes Covers a wide range of timber products Does not cover: Waste and recycled products Packaging material to support or carry another product Certain bamboo and rattan products Other products not listed in Annex (e.g. toys; musical instruments) May be amended to include other products (Chapter 49 Printed paper)
What ? ILLEGALLY HARVESTED? Harvested in contravention of the applicable legislation in the country of harvest Applicable legislation: 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
Who ? WHO IS LIABLE? Operators = any natural or legal person who places timber or timber products on the EU market. Liable for: –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. Liable for the traceability
Who checks ? ROLEOF THE MEMBER STATES Who checks ? ROLE OF THE MEMBER STATES Competent authorities (CA) = national government bodies responsible for the application and enforcement: –Check operators –Check MOs –Reports, etc. A list of CA can be found here: http://ec.europa.eu/environment/forests/timber_regulation.htm Penalties: effective, proportionate and dissuasive penalties
How ? DUEDILIGENCESYSTEM (DDS) How ? DUE DILIGENCE SYSTEM (DDS) Negligible risk Risk not negligible Risk mitigation Flegt license
How ? FLEGT and CITES licences Products covered by FLEGT or CITES licenses are considered to have been legally harvested for the purposed of the EU Timber Regulation This means by importing FLEGT or CITES licensed timber, due diligence is exercised.
How ? Roleof 3rd party verified schemes? How ? Role of 3rd party verified schemes? Not a proof of legality! May be taken into account in the risk assessment and risk mitigation procedures if cover compliance with applicable legislation and if considered credible Criteria for assessing their credibility in the implementing Regulation
When ? ENTRYINTO APPLICATION When ? ENTRY INTO APPLICATION 3/3/20133/3/2013 Secondary legislation: –April/June 2012 a delegated Regulation on the procedural rules for the recognition and withdrawal of recognition of monitoring organisations –June 2012 an implementing Regulation on the detailed rules concerning the due diligence system and the frequency and nature of the checks on monitoring organisations
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