New International Laws: the EU Timber Regulation, US Lacey Act and Australian Illegal Logging Law...
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Transcript of New International Laws: the EU Timber Regulation, US Lacey Act and Australian Illegal Logging Law...
New International Laws: the EU Timber Regulation, US
Lacey Act and Australian Illegal Logging Law
Forest Governance ForumKinshasa
11-12 September 2012Emily Unwin
Overview
• EU Timber Regulation – how it works– interaction with VPAs
• US Lacey Act & Australian Law• Common features of these new laws• Implications for timber producing
countries
EUTR/Lacey Act/Australian Law
Taken together, these laws represent a new approach.Each law:
• Focuses on legality in country of harvest• Prohibits trade in timber that has been harvested
illegally• Creates an obligation to actively question the
legality of harvest (due diligence/due care)• Requires that information about the timber is
collected to evidence its legality
EUTR Main Provisions
From 3 March 2013:
• Operators are prohibited from placing illegally harvested timber on the EU market
• Operators must exercise ‘due diligence’ as to the risk that timber is harvested illegally
• Operators and traders must keep records of suppliers and buyersOperators = those that ‘first place’ timber on the EU market
Focus of the EUTR
• Applies to timber/products listed in Annex, including:– Fuel wood, wood chips, builders joinery,
rough wood, sawn wood, plywood, particle board, wooden frames, veneered panels, …
• Applies whether harvested in EU or beyond
• Focus is legality in country of harvest – even if timber arrives in EU via a processing country
Who is an Operator?
Company A in DRC exports timber to
Company B in China
Company B processes timber, exports the product to EU and
sells it in EU.
Company B = operator Timber must be
harvested legally in DRC
Operators = those that ‘first place’ timber on the EU market
Due Diligence System
•Species•Country /
region of harvest
•Quantity•Supplier•Buyer•Documents
indicating compliance with laws
Information
•Assurance of compliance with legislation
•Prevalence of illegal harvest of species
•Prevalence of illegal harvest in country
•Sanctions by UN/EU on timber
•Complexity of supply chain
Risk Assessment
•IF risk is greater than ‘negligible’, take steps to reduce risk e.g.•Requir
e additional information
•Third party verification
Risk Mitigation
Certification & Legality Verification Schemes
Not automatic evidence of legality
Are possible ‘tools’ for due diligence:• Operators must assess how relevant and
credible they are
• Even if a system does provide all information, operators will always retain legal liability and risk
Enforcement
Member State Competent Authorities:• Risk and intelligence based checks• Civil society may present concerns about
illegal practices
Penalties• ‘Effective, proportionate, dissuasive’
– Fines proportionate to environmental damage, value of timber, tax/economic loss
– Seizure of timber, suspension of right to trade
Impact of FLEGT licence
Timber with a valid FLEGT licence is automatically considered legal under the EUTR.
Reduces business risk for operators:• FLEGT licence is considered ‘legally
harvested’ and can be use to demonstrate compliance with due diligence obligation
• No need to request further information
US Lacey Act• Prohibits trade in illegally sourced forest
products– Focus is legality in country of harvest
• Must submit a declaration giving details of:– Scientific species name, country of harvest, volume
& value
• Must exercise ‘due care’:– Reasonable steps to reduce risk of trading illegal
goods
– Similar to EUTR ‘due diligence’ obligation
US Lacey Act• Third party certification– not required - or accepted - as proof of
legality
• First enforcement case (against Gibson’s Guitars) settled in August 2012– Civil society had raised concerns about
legality– Failure to seek information to check legality
was a fault – Penalty of over $600,000 including forfeit
of illegally imported wood– Improvements to compliance systems
required
Australian Illegal Logging Bill
• Passed by House of Representatives in August 2012.
• Not yet law - still must be passed by Senate.
• Key provisions:– Prohibits import of illegally logged timber– Due diligence as to risk of illegality must be
exercised– Prohibit processing of illegally logged
domestic timber
Key Overlaps of International Laws
• Focus on legality in country of harvest
• Information about timber is important
• Regulated party must: – take active steps to assess risk of
illegality (due care / due diligence)
– request relevant information about the timber, its source and legality
–maintain records of information
Impacts in Timber Producing Countries• Timber producers are not directly caught
unless selling to EU/US/Australian markets directly
• Buyers may ask timber producers for information about the timber – and evidence of legal harvest:– Location of timber harvest– Proof of legal right to harvest and transport
permits– Proof of legal incorporation and compliance
with customs laws• Civil society may present information
indicating illegal logging to buyers & public authorities in EU/ US/Australia
Summary of Key Points
• From 3 March 2013 timber to EU must comply with EUTR
• Similar laws exist and are being created internationally (US Lacey Act/Australian Law)
• Buyers may request information to show legality
• FLEGT licence reduces risk for EU operators
• Certification is not a one-stop solution
• Civil society (in EU and beyond) may play a role in effective enforcement