tim grabiel clientearth timber regulation
TRANSCRIPT
Vision for Implementation of theEU Timber Regulation
27 January 2011
Introduction to ClientEarth
• ClientEarth is a non-profit environmental law organisation based in Europe with offices in London, Brussels, Paris and Warsaw.
• We are lawyers working at the interface of law, science, and policy. Using law, we develop legal strategies and tools to address environmental issues.
• Our work covers climate change, forests, access to justice, biodiversity, marine protection, and public health.
Stakeholders
Substantive provisions apply from
3 March 2013
European Commission
Member States
Operators and Monitoring Organisations
Civil Society
European Commission
Implementing Measures / Delegated Acts
1. Due Diligence (3 June 2012)
2. Accreditation Procedure (3 March 2012)
3. Checks (3 June 2012)
Due Diligence – InformationArticle 6(1)(a)
“Where applicable” means
Sub-national regions contain additional or alternative applicable legislation.
Logging requires a concession of harvest.
Standard Forms
Annex containing standard forms
on each informational point.
Indications of Compliance
Uniform presentation of applicable legislation.
Forms of proof, including declarations, affidavits, foreign documentation, official documents.
Due Diligence – Risk AssessmentArticle 6(1)(b)
Methodology for Assessment
Guidance from other regulatory
systems, such as money
laundering and food safety.
Assurance of Compliance
Evidential value of various additional proof of compliance and third-party verification.
Complexity of the supply chain.
Due Diligence – Risk MitigationArticle 6(1)(b)
“Negligible”
Clarify according to its ordinary
and regulatory meaning.
Proportionality of Measures
Reaffirm risk must be reduced
to negligible levels.
Additional Information / Third-Party Verification
Outline additional information for common risks.
Accreditation Procedure and ChecksArticle 8
Transparency Values
Access to Information
Notification and Public Participation
Internal Review and Access to Justice
Criteria for Withdrawal of Recognition
Member States
Competent Authorities
Ensure authority to discharge their duties.
Ensure power to issue notices of remedial actions, such as seizure of timber and suspension of marketing.
Develop plans for official checks.
Create procedures for receiving and
acting on substantiated concerns
from third parties.
Sanctions and Penalties
“Effective, proportionate, and dissuasive,” including fines, seizure, and suspension of trade authorisation.
Civil Society
Voluntary Partnership Agreements
Promote VPAs and forest governance.
Case Studies
Track flows and monitor leakage.
Exposés and US Lacey Act angles.
Compliance and Enforcement
Identify and target bad actors.
Outreach and coordination among governments, civil society, enforcement agencies.
