The EU Timber Regulation in the UK Lucy Cullinane Efeca and CPET - - PowerPoint PPT Presentation

The EU Timber Regulation in the UK

Lucy Cullinane

Efeca and CPET 3 June 2014

Who Am I?

• Lucy Cullinane
• Efeca
• CPET, Central Point of Expertise on Timber

www.efeca.com

Historical context

• 2003 EU FLEGT Action Plan – Voluntary Partnership

Agreements (VPAs) and EU Timber Regulation

• 2008 1st draft of EUTR
• 2010 EU “Timber” Regulation
• 3 March 2013 EUTR came into effect
• FLEGT: Range of demand and supply measures

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EU Timber Regulation (EUTR)

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• “Regulation (EU) No 995/2010 of the

European Parliament and of the Council of 20 October 2010 laying down the obligations of

• perators who place timber and timber

products on the market”

Regulation requirements

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• Now have to be able to identify:

– who you bought the timber & timber products from; & – where applicable, who you have sold the timber & timber products to.

• This information shall be kept for at least five

years & be provided for checks if requested by the Competent Authority

• If you are an ‘Operator’

– ‘placing timber or timber products on the EU market – for 1st time’

• you have to implement a Due Diligence System

(DDS) for each product every 12 months (or when

supply chain, species, etc changes – Art 2 Imp Reg 607/2012)

• Information Gathering - Species, country of harvest,

quantity, legal compliance

• Risk Assessment
• Risk Mitigation

DDS key requirements?

The role of Member States

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• Enforcement of the Regulation (powers and

penalties)

– Setting of penalties for non-compliance – Placing illegal timber / inadequate DDS - 2 years prison and / or unlimited fine – Traders who fail to maintain adequate records £5,000 fine. – Inspections have power to seize timber

Competent Authority

• EUTR’s enforcement agency = National

Measurement Office (NMO)

• Outreach activities
• Awareness raising
• Basic of legislation
• Now, focus on details
• Risk-based enforcement approach
• Product testing
• Seems to be softly-softly approach

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Monitoring Organisations

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• Require relevant expertise and no conflict of

interest

• Organisations who offer a DDS can apply to EC

to be recognised as an MO

• 4 MOs in the EC, >17 in pipeline
• Use of a Monitoring Organisation is optional

for operators under EUTR.

• Key EUTR responsibilities for an MO
• Develop a functional DDS
• Grant operators the right to use the DDS
• Verify the proper use of the system by the
• perators
• Take appropriate action in case of a failure by an
• perator

Monitoring Organisations

10

Industry..

• Clear on operator / trader definition
• DDS demanding
• Agents issue

– Discussed by industry associations, including TTF, that agents are best placed to do the DDS (as they are closer to source) but are not usually the

• perator (it is their buyer).

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Progress so far…

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• Varied implementation by Member States

across the EU

• Levels of awareness in trade and industry in

the UK good

• Joined up enforcement?

In the future…

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• Packaging, as classified under CN code 4415 or

4819, is used to “support, protect or carry” another product is currently excluded – this may change in October 2015

Kingfisher plc

www.efeca.com

• Europe's leading home improvement retailer

with over 900 stores in 8 countries in Europe and Asia.

• Review of their DDS:

– assessing their procedures / policies against EUTR requirements – Reviewing key internal documents and internal tools

EUTR Implementation Support project

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• EC Support project on the Implementation of

the EUTR

• Consortium – Indufor, University of Padova

and Efeca

• Main tasks are to support EC in:

– Assessing MO applications – Developing biennial report format – Assessing progress of implementing and enforcing the EUTR in MS ie by writing EU TR effectiveness report in 2015

Thank you! lucy.cullinane@efeca.com

www.efeca.com