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

EU Timber Regulation (EUTR) • “Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market” www.efeca.com

Regulation requirements • 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 www.efeca.com

DDS key requirements? • If you are an ‘Operator’ – ‘placing timber or timber products on the EU market – for 1 st 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

The role of Member States • 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 www.efeca.com

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 www.efeca.com

Monitoring Organisations • 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. www.efeca.com

Monitoring Organisations • 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 • operators Take appropriate action in case of a failure by an • operator 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 operator (it is their buyer). www.efeca.com

Progress so far… • Varied implementation by Member States across the EU • Levels of awareness in trade and industry in the UK good • Joined up enforcement? www.efeca.com

In the future… • 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 www.efeca.com

Kingfisher plc • 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 www.efeca.com

EUTR Implementation Support project • 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 www.efeca.com

Thank you! lucy.cullinane@efeca.com www.efeca.com