The next step

To further information on the timber regulations

[]

To the FSC

[]

EU countries using illegal timber

Major failure

The European Commission (EC) has graded the 28 member states for: (1) how well they had transposed the EU Timber Regulations 2013 (EUTR) into domestic law; (2) how effectively they are issuing penalties for non-compliance; and (3)  whether they are carrying out adequate compliance checks.

Note. The EUTR, which came into force in March 2014, are designed to combat illegal logging by enforcing responsible trading practices.

Gold star for the UK

Unsurprisingly, the UK has taken its legal responsibilities much more seriously than some other countries. The EC has identified that twelve countries are in breach of their obligations under EU law. Of these, Spain, Poland, Hungary and Malta are the worst offenders.

Will it affect you?

If you trade in any number of wood-based materials made from pulp or paper, you are affected. Products covered by the EUTR are listed in Annex 1 (see The next step ). It’s important to remember that the type of organisation is irrelevant in determining if the EUTR apply to your business; what matters are the activities you undertake in the timber and timber product market. If you buy directly from a supplier outside the EU, or produce timber in the EU, you are classed as an operator. If you merely buy or sell timber in the EU you are classed as a trader and different rules apply. You must be able to identify who the timber has been bought from and, where applicable, who it has been sold to.

Tip. You must make sure that the timber you have used or are placing on the market has not been illegally harvested and you will have to prove that you have carried out appropriate due diligence to ensure that this is the case. This should consist of gathering information, carrying out a risk assessment and implementing risk mitigation measures.

If you don’t carry out any due diligence, or it’s deemed to be inadequate, you could receive a hefty fine which is likely to be in proportion to the environmental damage caused or to the value of the timber in question. Alternatively, you might have your materials seized or get hit with an immediate suspension of authorisation to trade.

What can you do to protect yourself?

Tip 1. Make sure that your paper trail is as watertight as it can be. You should be able to prove who you purchased the material from and where it originated.

Tip 2. Dealing with timber that has already been certified by the Forest Stewardship Council (FSC), is the most risk-free option (see The next step ). The products can be slightly more expensive, but as an operator you won’t have to worry about risk mitigation as the EUTR deem certified timber to be sound. Plus, you’ll be given plenty of supply chain information which traces it back to the original source.

For a link to further information on the regulations and to the FSC website, visit http://tipsandadvice-environment.co.uk/download (EN 09.04.07).