The EU Action Plan against illegal logging

3rd Sub-regional Training on timberThemis Network and REC

2-3 June 2016

EU FLEGT Action plan

What is it?

• EU’s response to the problem of illegal logging and the trade in associated timber products

• Forest Law Enforcement Governance and Trade (FLEGT)

• Action plan published in 2003

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Why such a plan?

• Forest sector development initiatives weren’t working

• Growing political support• Estimate of the revenue losses ($15 bn/year)

• Understanding of governance and market failures

• Bali 2001…• No “silver bullet”

Key principles

• Emphasis on legality

• Recognition of EU’s role as consumer

• Use of the trade lever (demand/supply)

• Support to development

7 elements• Development cooperation with timber-

producing countries• Trade arrangements between the EU and

timber-producing countries• Public procurement• Encouraging private sector action• Encouraging financial institutions’ action• Using existing or new EU legislation• Addressing conflict timber

Evaluation and next steps

• Started in July 2014

• Report published on 4 May 2016

• Highly relevant but needs to be adapted to new context, and monitoring and communication to be improved

• EC initiated a broad consultation (inter-service, MS, Parliament and stakeholders) to respond

Voluntary PartnershipAgreements

What is a VPA?• A legally binding trade agreement

between the EU and a partner country

• Main objectives:– At least all timber exported to EU from the

partner country verified as legally compliant

– Clear legal framework

– Improved governance and transparency

How is it negotiated?

• Within stakeholders

• Among stakeholders

• Bilateral negotiations with the EU

What is negotiated?• A timber legality assurance system (TLAS)

• Commitments to improve transparency and other aspects of forest governance

• Framework for monitoring and evaluating the VPA implementation

What happens after signature?

• Ratification process

• TLAS development

• Governance reforms

• Setting up JIC

• Licensing starts

Implementation status• 6 countries implementing a VPA:

• 9 negotiating countries:

‐ Indonesia ‐ Cameroon‐ Ghana ‐ Central African Republic‐ Republic of Congo ‐ Liberia

‐ Vietnam ‐ Côte d’Ivoire‐ Thailand ‐ Democratic Republic of Congo‐Malaysia ‐ Gabon‐ Laos ‐ Honduras

‐ Guyana

• 6 implementing countries (VPA ratified)• 9 negotiating countries (VPA not signet yet)• 80 % of EU’s tropical timber imports• 75% of global tropical timber trade

To learn more about VPAs

Please visit: http://www.euflegt.efi.int/web/vpaunpacked

EU Timber Regulation

Key principles• Main obligations apply to ‘operators’ =

companies that first place the timber on the EU market

• Operators are prohibited from placing illegally harvested timber on the EU market

• Operators must actively assess the risk that timber is harvested illegally (due diligence)

• Operators must keep records of how they conduct due diligence systems and who they sell timber to

Risk assessment/Due diligence• Species• Country / region of harvest• Quantity• Supplier• Buyer• Documents/information 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.• Require additional information• Third party verification

Risk Mitigation

What is legal?Laws in country of harvest related to:

• Rights to harvest timber

• Payments for harvest rights

• Relevant environmental and forest legislation – includes management plans and biodiversity conservation

• Third parties legal rights concerning use and tenure

• Trade and customs laws

In practice• In the EU, operators need to:

– Have credible information about the timber in their supply chains and

– Take account of credible information that indicates timber is illegal

• Outside the EU, timber suppliers:

– Are not directly regulated by EUTR

– Can take the opportunity to provide their buyers with relevant information

Enforcement• A competent authority in each EU Member State

enforces the EUTR

• Competent authorities carry out checks on operators

Risk based approach

Checks can result from a substantiated concern

• EU collaborates with US and Australian enforcement agencies

A few clarifications?• EUTR applies to EU and internationally

sourced timber

• Only operators must do due diligence

• ‘EUTR compliant’ certificate does not exist

• Contractual requirements for ‘EUTR compliant’ timber ≠ compliance

• Voluntary legality/sustainability certificate ≠ automatic compliance

Implementation status• CAs nominated in 27 MS• A review was carried out by the EC in

2015 (report published): no major change foreseen, more consistent enforcement and scope to be extended

• More and more cases of investigations and sanctions applied in all MS

To learn more about EUTR

Please visit the following websites: http://ec.europa.eu/environment/eutr2013/index_en.htm

http://www.euflegt.efi.int/eutr

EU FLEGT Facility

About the Facility• Established in 2007• Hosted by the European Forest Institute

(EFI)• HQs in Barcelona, and offices in Joensuu,

Brussels and Kuala Lumpur• Funded by the EU and Finland, France,

Germany, the Netherlands, Sweden, Spain and the United Kingdom through a multidonor trust fund

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What we do

• The EU FLEGT Facility supports the implementation of the EU FLEGT Action Plan with a focus on VPAs

• We facilitate VPA processes, working with stakeholders who negotiate and implement VPAs.

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What we do• Support governments and other stakeholder groups in

timber-exporting countries that are considering, negotiating or implementing a VPA

• Strengthen regional action and cooperation in support of the Action Plan, good forest governance, and international trade in verified legal timber in Africa, Asia and Latin America

• Support EU work on FLEGT initiatives• Assess linkages and strengthen synergies among

initiatives stemming from the Action Plan and REDD+, working closely with the EU REDD Facility

• Support the EU–China Bilateral Coordination Mechanism on Forest Law Enforcement and Governance

How we do it• Informing timber-exporting countries about the Action

Plan and VPAs• Supporting national dialogue in timber-exporting

countries on whether to pursue a VPA• Advising partner countries on multistakeholder

processes and timber legality assurance systems• Assisting in strengthening a partner country's capacity to

meet the requirements set out in the VPA• Building and disseminating knowledge and information,

drawing from lessons learnt and experience gained in VPA processes

• Commissioning studies on market developments, trade flows, timber legality assurance system testing…

• Collaborating with regional programmes to complement and support actions already taking place

Our partners• We work closely with the EU REDD

Facility, the EU FAO FLEGT Programmeand EU member state initiatives

• We also work with regional initiatives and partners in more than 30 countries in Africa, Asia and Latin America

To learn more about the EU FLEGT facility

Please visit our website: http://www.euflegt.efi.int/home/

For further information, please visit the FLEGT portal: www.flegt.org