Swedish experience so far in implementing the EU Timber Regulation: remaining key challenges

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1 Swedish experience so far in implementing the EU Timber Regulation: remaining key challenges Stefan Karlsson, project leader, EU Timber Regulation Chatham House 9 th of February 2012

2 Swedish Forest Agency The Swedish Forest Agency is a central government authority in charge of forest-related issues. We are placed under the Ministry of Rural Affairs

3 EU Timber Regulation main activities during 2011 The Swedish Forest Agency received in March 2011 an assignment from the Swedish Government to draw up proposals for national provisions complementing the EU Timber Regulation (EUTR) Proposals were reported to the Government in the end of October 2011 Swedish Government had in May 2011 designated the Swedish Forest Agency as competent authority. Meetings with stakeholders Participate in the FLEGT Committee

4 Swedish Forest Agency interpretation of the Government assignment To draw up proposals for national legislation to implement and complement EUTR To consult and discuss with different stakeholders such as large importers, Swedish Forest Industries Federation, Federation of Wood and Furniture Industry, WWF, Swedish Society for Nature Conservation, FSC, PEFC, Federation of Swedish Farmers, Swedish Customs Authority, etc. To participate in EU FLEGT Committee

5 Why a proposal for a new Swedish law? EUTR is directly applicable in every MS, but provisions about controls and measures against individuals requires a law in Sweden Requires adoption in the Parliament The purpose is not to go beyond requirements in EUTR or the secondary legislation

6 Proposal for a new Swedish law on timber and timber products Operators are obliged to provide information on: production, purchase, sale, import, export and other conditions of importance for application of EUTR and other secondary legislation The Competent authority shall carry out checks on monitoring organisation and operators according to article 18(4) and 10 EUTR The Competent authority shall work for that transgression of EUTR etc. is prosecuted The subject of scrutiny shall provide necessary assistance article 10(4) EUTR

7 Proposal for a new Swedish law on timber and timber products Police authority shall, upon request from the Competent authority, assist in the exercise of control and execution of decisions Appeal: A decision made by Competent authority can be appealed to an administrative court

8 Proposal for a new Swedish law on timber and timber products Penalties article 19 EUTR The Competent authority can decide to seize illegal harvested timber and timber products derived from such timber Fine or imprisonment not exceeding two years if the convicted intentionally or negligently, in violation of article 4(1) EUTR, place timber or timber products derived from illegal logging on the market If the crime is serious the sanction shall be sentenced to confinement for at least six months and not more than two years. When assessing whether the offence is serious, particular account shall be taken whether the crime is carried out systematically and for a long time, on a large scale or for profit

9 Proposal for a new Swedish law on timber and timber products Penalties article 19 EUTR Following property shall be declared confiscated: Timber or timber products that has been subject to crime or value of the products. Penalties regarding EUTR are co-ordinated with the Swedish Act on Penalties for Smuggling

10 Key challenges How shall we be organized within the Swedish Forest Agency? Do we need to recruit personnel with other qualifications, such as risk management, trade, auditing? What kind of education and training of personnel do we need? How should we inform and give guidance to operators and traders? Article 13 EUTR How should we cooperate with other public authorities and other actors in Sweden? How should we cooperate with other Competent authorities in EU? Article12 EUTR - European information platform on timber trade and legality (EUTR Platform) initiative from France

11 Facts on operators Operators in Sweden (forest owners) - Number of forest real estates were 240,000 - Notification of planned regeneration fellings in average 50,000 per year Importers of timber and timber products (according to EUTR annex) Number of unique importers were 7,600 Number of deliveries were 150,000 Total value of import 987 million, of which: million paper million wooden furniture million pulp - 78 million Sawn wood - 70 million wood in rough - 66 million fuel wood

12 Facts on operators Value of Swedish imports by country ( million) - Norway 553 (56%) - China 142 (14%) - Russia 74 (8%) - USA 62 (6%) - Vietnam 10 (1%) - Finland 8 (1 %)

13 Key challenges How should we organize checks on operators? Article 10 EUTR What should we check? Article 6 & 10 EUTR, implementing regulation & guidelines How should we organize checks on monitoring organisation? Article 8 EUTR & Delegated regulation

14 Thank you for your attention!