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The new EU Timber Regulation: Implications for the pulp and paper sector

The new EU Timber Regulation: Implications for the pulp and paper sector. Social Dialogue Paper Sector – 30 May 2013. Contents. 1. Legality policy in the EU. 2. CEPI’s response until now. 3. The EU Timber Regulation in a nutshell. 4. The EU Timber Regulation for dummies. 5.

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The new EU Timber Regulation: Implications for the pulp and paper sector

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  1. The new EU Timber Regulation:Implications for the pulp and paper sector Social Dialogue Paper Sector – 30 May 2013

  2. Page 2

  3. Contents 1 Legality policy in the EU 2 CEPI’s response until now 3 The EU Timber Regulation in a nutshell 4 The EU Timber Regulation for dummies 5 Forest certification & the EU Timber Regulation 6 Conclusions and additional information Page 3

  4. Contents 1 Legality policy in the EU 2 CEPI’s response until now 3 The EU Timber Regulation in a nutshell 4 The EU Timber Regulation for dummies 5 Forest certification & the EU Timber Regulation 6 Conclusions and additional information Page 4

  5. Legality policy in the EU: from soft to hard • 2002: FLEGT Action Plan • Support to timber producing countries • Trade in timber (multilateral, bilateral agreements, legislative options) • Public procurement • Private sector initiatives (e.g. CEPI Code of conduct) • Financing and investment • Use of existing instruments (CITES, money laundering) • Conflict timber • 2005: VPAs (Cameroon, Ghana, Republic of Congo, Central African Republic, Liberia) • 2010: EU Timber Regulation • Main Regulation 995/2010 • Secondary legislation • Delegated Acts (Recognised Monitoring Organisations) • Implementing Acts (Due diligence) • Guidance document (February 2013) Page 5

  6. Contents 1 Legality policy in the EU 2 CEPI’s response until now 3 The EU Timber Regulation in a nutshell 4 The EU Timber Regulation for dummies 5 Forest certification & the EU Timber Regulation 6 Conclusions and additional information Page 6

  7. CEPI Code of Conduct Page 7

  8. CEPI Reporting on the Code of Conduct Page 8 95% have a legality requirement in the procurement policy 90% have a clause on the legal origin of wood in their purchasing contracts 95% use third-party verified tracing systems. More than 90% have their wood supply chain covered by CoC, FSC controlled wood or PEFC Avoidance of controversial sources 95% maintain wood procurement documents and 65% publish details of their wood procurement practices 80% include legality in the training programmes of their wood-buying companies.

  9. Contents 1 Legality policy in the EU 2 CEPI’s response until now 3 The EU Timber Regulation in a nutshell 4 The EU Timber Regulation for dummies 5 Forest certification & the EU Timber Regulation 6 Conclusions and additional information Page 9

  10. The EU Timber Regulation in one slide • Substance: • Placing illegally harvested timber or products thereof is prohibited • Operators placing timber/timber products for the first time on the market have to have a due diligence system in place. Later stage actors (Traders) only need to keep records of their suppliers and customers. • The due diligence system consists of: • Making a defined set of information accessible • Risk assessment • Risk mitigation • Monitoring Organisations (to be recognised by the EU Commission): • Offer due diligence systems to operators (who are not using their own) • Responsibility remains with the operator • Competent authorities of the Member States: • Responsible for the application • Carry out checks • Set penalties • Applicable from 3 March 2013! Page 10

  11. Contents 1 Legality policy in the EU 2 CEPI’s response until now 3 The EU Timber Regulation in a nutshell 4 The EU Timber Regulation for dummies 5 Forest certification & the EU Timber Regulation 6 Conclusions and additional information Page 11

  12. Page 12

  13. Disclaimer This animation aims at clarifying and explaining the main provisions of the EU Regulation laying down the obligations of operators placing timber and timber products on the EU market. It guides the user through a series of simple questions that should help making the right decisions to comply with the provisions of the Regulation. This decision tree is intended to ease the understanding of the provisions of the Regulation laying down the obligations of operators who place timber and timber products on the market (995/2010) and of the relevant secondary legislation (Commission Delegated Regulation Nr. 363/2012 and Commission Implementing Regulation Nr. 607/2012). Only the original legal texts are valid. CEPI can by no means be liable for non-compliance resulting of the use of this decision tree. Page 13

  14. Is the timber/ timber product I harvest/ purchase/import/ship to the EU in the Annex? YES Is my timber covered by a FLEGT license or a CITES permit? • The Annexlists the categories of timber/timber products that are subject to the provisions of the EU Timber Regulation and provides for exceptions. • Are subject to the provisions of the Regulation: • Fuel wood • Wood in the rough • Rail sleepers • Sawnwood • Veneerwood • Wood continuouslyshaped • Particleboard and fibreboard • Plywood • Densifiedwood • Wooden frames • Packaging cases (≠ packingmaterial), including casks, barrels … • Joinery and carpentry • Pulp and paper (exceptbamboo-based and recovered products) • Woodenfurniture • Prefabricated buildings • The EXCEPTIONS are amongstothers: • packaging used to support, protect and carry goods • printed products (HS49), • bamboo-basedpulp • waste and recoveredwood and wood products (incl.recoveredpaper) • woodentoys and sport articles • pens, buttons • sanitarytowels, pads and tampons, napkins, diapers (HS 9619 00) • medical and surgicalfurniture • tools of base metals • parts of electricalmachinery and equipment • tableware, kitchenware of wood … • Full list of exceptions athttp://www.euflegt.efi.int/files/attachments/euflegt/summary_eu_timber_regulation_27012012.pdf NO I can place on the market No further obligation Page 14

  15. Am I an operator placing the timber/timber product for the first time on the EU market? Is my timber/timber product covered by a FLEGT license or a CITES permit? NO FLEGT licenses are licensesgranted in the context of bilateralagreements – VoluntaryPartnershipAgreements (VPAs) - between the EU and timber producing countries to products that are verified as legal. CITES permits are autorisation to import/export animal/plant species listed in the Convention on International Trade of Endangered Species My timber/timber product is considered as compliant to the EU Timber Regulation I can place on the market YES Page 15

  16. Am I an operator placingthe timber/timber product for the first timeon the EU market? I must exercise a due diligence I'm an OPERATOR YES I only need to identify from whom the product was transferred to me and to whom I supplied it. Traders need to keep that information for at least 5 years and provideit to competentauthorities on request I'm a TRADER NO Placing on the market = the supply, by any means, irrespective of the selling technique used, of timber and timber products for the first time on the internalmarket for distribution or use in the course of a commercial activity, whether in return for payment or free of charge. Importing for itsown use is included. I can supply the product Page 16

  17. I must make accessible: - description of the timber/timber products - country of harvest - quantity - supplier contact details - trader contact details - evidence of legality I must maintain and evaluate my due diligence system My own system I must exercise a due diligence for each supply What due diligence system do I use? • Supply= • a specific type of timber/timber product • from a particular supplier • within a period of max 12 months • from an unchanged country/harvest place and tree species The system of a recognised monitoring organisation Page 17

  18. I must make accessible: - description of the timber/timber products - country of harvest - quantity - supplier contact details - trader contact details - evidence of legality I must assess the risk: - 5 criteria (prevalence of illegality, risk species, UN sanctions, length of the supply chain ...) including third-party verified systems (certification) that must all be met. Is the risk "negligible"? Page 18

  19. Checks on operators may beconducted on a risk-basedapproach and take the form of: • Examination of the Due Diligence system • Examination of documentation and records • Checks including field audits • Penalties may take the form of: • Fines • Seizure of the concerned timber/timber products • Suspension of autorisation to trade The timber/timber product can be placed on the EU market Still the National Competent Authority can check (including based on substantiated concerns of third parties) and apply penalties YES Do I consider that the risk is "negligible"? * The timber/timber product cannot be placed on the EU market NO I must take measures to mitigate the risk: - additional info - third-party verified system - ... *The decision whether the risk is « negligible » or not remains with the operator Page 19

  20. Contents 1 Legality policy in the EU 2 CEPI’s response until now 3 The EU Timber Regulation in a nutshell 4 The EU Timber Regulation for dummies 5 Forest certification & the EU Timber Regulation 6 Conclusions and additional information Page 20

  21. Certification in the world and in Europe • Two systems: FSC (1983) – PEFC (1999) • Certified surfaces • PEFC global: 239 992 000ha • PEFC (CEPI-19): 67 720 000 ha • FSC global: 164 614 000ha • FSC (CEPI-19): 24 187 000 ha • Number of CoC certificates • PEFC global: 9167 • PEFC (CEPI-19): 7467 • FSC global: 24119 • FSC (CEPI-19): 10884

  22. Certification in the European paper industries • 99.9% of company owned/leased forests are certified • 92.2% of forests managed by European pulp and paper companies are certified • 61.6% of roundwood, chips and sawdust deliverd at mills are certified • 71% of purchased market pulp are certified • 96.3% of market pulp capacities are certified • 70.6% of market pulp sales are certified • 69.5% of paper capacities are certified • 55.3% of paper, tissue and board sales are certified

  23. The role of certification CEPI vision: certified wood automatically accounts for legal wood. EUTR art. 6: „risk assessment procedures shall take into account risk assessment criteria including Assurance of compliance with applicable legislation, Which may include certification or other 3rd-party- Verified schemes covering compliance with Applicable leglislation“ No special status for certification in the Implementing regulation Role of certification watered down along the process Page 23

  24. The role of certification in the EU Timber Regulation The legality debate might lead to a declining interest for forest certification • Certified ≠ legal • Part of the risk analysis, but added to other criteria • Certification is not automatically « low risk » • Certification may contribute to the risk mitigation • FSC and PEFC are adapting to a certain extent • Integrated due diligence in PEFC • Side-approach for the ones concerned only/Online claims platform in FSC Page 24

  25. Contents 1 Legality policy in the EU 2 CEPI’s response until now 3 The EU Timber Regulation in a nutshell 4 The EU Timber Regulation for dummies 5 Forest certification & the EU Timber Regulation 6 Conclusions and additional information Page 25

  26. A few conclusions and potential social implications • Combatting illegal logging is important for moral, image but also economic reasons • The Regulation (including the latest interpretation in the Guidance Note) imposes some burden to the European wood using industries: • It will incentivise sourcing of domestic wood instead of importing • It will prevent of going into « risky » origins (e.g. Indonesia …) • The burden is placed on the demand-side but little effort is spent to help the supplying countries to enforce legislation and secure legality • No other raw materials competing with wood are submitted to similar requirements in the EU  competitive disadvantage • Only a few other regions of the world have similar mechanisms in place (USA, Australia)  distortions of competition on global markets • Certification in which the industry had invested and still puts a lot of efforts is not recognised • The non-inclusion of printed products (HS 49) allows for easy imports of printed products at the expense of domestic printing industries • The so-called « third-party substantiated concern » is likely to be at the origin of most of the suspicions of illegality  ENGOs will be the « watchdogs » Page 26

  27. EU dedicated website http://ec.europa.eu/environment/eutr2013/index_en.htm Page 27

  28. More info http://www.illegal-logging.info/ Page 28

  29. Thank you! CEPI aisbl / Confederation of Europeanpaper Industries 250 Avenue Louise, Box 80, B-1050 Brussels Tel: +32 2 627 49 11 / Fax: +32 2 624 81 37 mail@cepi.org www.cepi.org / www.paperonline.org / www.paperforrecycling.eu Follow us on Twitter: @EuropeanPaper Page 29

  30. Common name is sufficient NO Is there an ambiguity on the use of the common name of the species? Description of the timber/timber product Full scientific name is needed YES Page 30

  31. NO Does the risk of illegal harvesting vary between sub-national regions or concessions? Country of harvest Country name is sufficient Information on the sub-region or the concession is needed YES Concession= any arrangement conferring the right to harvest timber in a defined area Page 31

  32. I am an operator if I stillown the timber/timber product after custom clearance How to know when I qualify as an operator? No I am an exporter I am an operator if the contracttransfers the ownership of the timber/timber products before or at EU customs. I am an importer Am I based in the EU? I am an operator if I fell the treesmyself and sellthematroadside. I am a forestowner Yes I am an operator if I buy standing trees and fellthemmyself. I am a woodbuyer In all cases, intermediaries like shipping agents, forest contractors, etc. aren’t operators since they have a mandate but no ownership. Page 32

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