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The EU Timber Regulation
Forest Legality Alliance
Washington D.C.
7 & 8 May 2013
Emily Unwin
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Overview EU Timber Regulation key provisions
Details:
Monitoring organisations Certificates
Product scope
Implementation across the EU Enforcement possible approaches and
implications
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EUTR Key Provisions
Operators are prohibited from placing illegallyharvested timber on the EU market
Operators must:
maintain a due diligence system and exercise due diligence as to the risk that timber is
harvested illegally
Operators and traders must keep records of
their suppliers and buyers
Operators = those that first place timber on the EU market
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Monitoring organisations
Role:
Provide approved EUTR due diligence systems(DDS) to operators
Check that operators use the DDS properly
Must be formally recognised by the EuropeanCommission
NOT responsible for exercisingdue diligence
No MOs yet recognised
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Certificates
VPA/CITES certificate/permit = recognised legal
Voluntary certification schemes = possible toolsfor due diligence:
A means to gain access to information abouttimber/increase credibility of information
Operators must assess their relevance & credibility againstthe EUTRs requirements and keep records of this
assessment
Operators will always retain legal liability for compliance
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Product scope
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,
Does not cover all timber/products, e.g:
Printed paper, products made fromrecycled/waste timber
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EU Implementation
Each Member State must
implement the EUTR and
designate a competent authority, responsiblefor enforcement within its jurisdiction
Range of enforcement tools: DNAtesting/spot checks/linking with customs data
Administrative Cooperative of competentauthorities
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Penalties
Germany Illegal timber/no due diligence: seize timber; order company to
return timber to country of origin/sell timber and retain proceeds
Administrative offences, e.g. failure to maintain a DDS: fines of up
to EUR 50,000 Criminal sanctions: up to 1 year prison/unlimited fines
UK
Illegal timber/no due diligence: seize timber. Government sale of
timber and retention of proceeds
Breach of duty to exercise due diligence/maintain records: notice ofremedial actions. Fine of up to 5,000 and/or up to 6 months prison
Breach of prohibition/DD/maintaining records: up to 2 years in
prison/unlimited fine
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Penalties overview
Suspicion of illegal timber: government seizure Proven illegal timber: order to return timber to
country of origin; government sells and retainsproceeds
Breach of: prohibition/exercise of DD/maintain DDsystem/obligation to maintain records:
Negligent/less severe: up to 6 months in prison; fines up
to EUR50,000; notice of remedial actions Intentional/more severe: prison of 1-2 years; fines (up to
unlimited); prohibit right to trade/transport
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Practical operation
False 1-stop solutions EUTR compliant certificates/warranties
Contractual conditions demanded by operators,
that timber is EUTR compliantImpact on non-EU timber suppliers
Regulatory (EUTR)
Contractual
Practical
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Future enforcement steps
Likely impetus? Substantiated concerns from third parties or checks
by competent authority
Focus? Operator:
failing to use relevant information in the exercise ofdue diligence (increased recognition of risk)
making illegally harvested timber/products availablefor sale in the EU
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Thank you
Emily Unwin
Lawyer, ClientEarth
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