City, Country Date, 2013

Transcription

1 City, Country Date, 2013

2 Training for Trainers Introduction to the Resources

3 Training for Trainers The Resources This course consists of 7 PowerPoint presentations The basic message of the course is that legislation in a number of consuming countries now prohibits the import and trade of illegal timber. 1. Introduction to Timber Trade Flows from Producer/Processing Countries to Major Markets. 2. Introduction of International Policies and Conventions impacting the Timber Trade Keeping it Legal. 3. European Union Timber Regulation (EUTR) provisions and implementation. 4. Australian Illegal Logging Prohibition Act (AILPA) provisions and implementation. 5. The Lacey Act (USA) provisions and implementation. 6. Due Care / Due Diligence and General Guidance for Establishing Legality. 7. Introduction to GFTN s Supply Chain Management.

4 1. Introduction to Timber Trade Flows Introduction to Timber Trade Flows from Producer/Processing Countries to Major Markets.. This presentation is country- specific and: Covers the forestry and trade in timber and timber products in your country. Provides information on import and export trends from and to your country. Discusses the illegal trade in timber in your country. Includes information on efforts being undertaken in your country to tackle illegal logging and illegal trade in timber and timber products.

5 2. Introduction to International Policies etc. Introduction of International Policies and Conventions impacting the Timber Trade Keeping it Legal. This presentation includes information on: Why Illegal Logging matters People s concern for Forests Tackling the Problem 3 approaches Governance and Supply Side Behaviour Change of Producers Demand Based Consuming Countries International Policies and Conventions Convention on Trade in Endangered Species of Wild Fauna & Flora European Union Timber Regulation (EUTR) Australian Illegal Logging Prohibition Act (AILPA) USA Lacey Act

6 2. Introduction to International Policies etc. TAKE HOME MESSAGE People care about forests and because of this many Governments care too: Some consuming countries have passed laws to help ensure that illegal timber does not enter or is traded in their markets If your timber is supplied to these countries (even as a timber product processed in another country) and is illegal or cannot be proved to be legal, the consuming country importer or trader could be prosecuted; and you are likely to lose their business!

7 Demand Based Consuming Country approaches What follows are three presentations on Demand Based Consumer Country approaches to tackling the issue of illegal timber 3. European Union Timber Regulation (EUTR) provisions and implementation. 4. Australia Illegal Logging Prohibition Act (AILPA) provisions and implementation. 5. US Lacey Act provisions and implementation.

8 Demand Based Consuming Country approaches These presentations are designed to provide BASIC information on the requirements for those who wish to export timber or timber products to the European Union, Australia and the USA They are not to be taken as a substitute to seeking proper advice from a legal professional on how to comply with these or other legal statutes. Each of these three presentations includes a disclaimer: No liability whatsoever resulting from this training can be accepted by the trainers, or those who developed the materials. Anyone seeking legal advice on compliance should consult with a legal professional.

9 3. European Union Timber Regulation (EUTR) European Union Timber Regulation (EUTR) provisions and implementation. This presentation includes information on: EUTR what is it One of two elements of the European Union Forest Law Enforcement Governance and Trade Action Plan (FLEGT) Definition of Illegally Harvested Timber What products are covered by EUTR What products are not covered by EUTR Who does this apply to? Due Diligence Penalties Disclaimer

10 3. European Union Timber Regulation (EUTR) EUTR is designed to stop operators from placing illegally harvested timber and timber products on the EU market for the first time EUTR requires traders to keep records of their immediate supplier and buyer once those products enter the market (and keep those records for five years) EUTR requires EU operators to exercise Due Diligence when placing timber products on the EU market for the first time. Certification from???? would be sufficient to show compliance. TAKE HOME MESSAGE Be legal and be ready to prove it: Provide the records and information required by your customers in the EU: if you do not or cannot they may end up in court; and you are likely to lose their business!

11 4. Australian Illegal Logging Prohibition Act (AILPA) Australian Illegal Logging Prohibition Act (AILPA) provisions and implementation. This presentation includes information on: AILPA what is it? Requirements for importers and processors Key Provisions Definition of Illegally Logged Timber What products are covered by AILPA What products are not covered by AILPA Due Diligence Penalties Importer Requirements Disclaimer

12 4. Australian Illegal Logging Prohibition Act (AILPA) AILPA requires that Australian importers and raw log processors carry out due diligence to minimise the risk of trading or using illegally logged timber Australian importers must identify and gather information to determine if the timber they source is at risk of being illegally logged They should assess the risk and take steps to mitigate that risk (by gathering more information, check again or cancel the import Timber sourced from certified forests (FSC or PEFC) are automatically determined to be low risk TAKE HOME MESSAGE Be legal and be ready to prove it: Provide the records and information required by your customers in Australia: if you do not or cannot they may end up in court; and you are likely to lose their business!

13 5. US Lacey Act US Lacey Act provisions and implementation. This presentation includes information on: The Lacey Act what is it? The Lacey Act Amendment, 2008 What products are covered by the Lacey Act What products are not covered by the Lacey Act Penalties Should my shipment be declared? Information needed for declaration Due Care US Government advice on suggested best practice Additional information Disclaimer

14 5. US Lacey Act This is the USA s oldest wildlife protection law and has been tested in court on many occasions. A 2008 amendment included timber for the first time. Importers must declare shipments of timber and timber products and need to provide the quantity, value, names of all species included and country of harvest Importers can be prosecuted if the US Government can prove a shipment contains illegally harvested wood. Penalties are more severe if the importer knew, but even if they did not, they may still be found guilty if they should have known and didn t do enough to check legality TAKE HOME MESSAGE Be legal: For the Lacey Act documentation is not enough (but it helps). Claiming I did not know is no defense, if the US Government has facts to prove their case; violators will be found guilty You are likely to lose US business if you seem to be, or are trading in illegal timber!

15 6. Due Care / Due Diligence Due Care / Due Diligence and General Guidance for Establishing Legality. This presentation includes information on: Due Care / Due Diligence? Legality and the Trade Chain Disclaimer What is legal? Legality Framework: Development, Principles, Framework Due Care What information is needed? Due Care Guidance for Establishing Legality Organisations that can provide additional help.

16 6. Due Care / Due Diligence The EUTR, AILPA and Lacey Act all require that importers and traders in the EU, Australia and the USA do all that they can to ensure that they are not trading in illegally harvested timber or timber products. Any illegal activity anywhere along the trade chain = illegal product at the end of the trade chain. Be ready to provide all the documents and information that they require if you want to keep their business. Examples of such documents and information is provided for various points along the trade chain. TAKE HOME MESSAGE Be legal and be prepared to prove it: Make sure you have all the information requested. Legality frameworks are available to guide you through this process and help ensure that you are compliant and can prove it.

17 7. Introduction to GFTN s Supply Chain Management Introduction to GFTN s Supply Chain Management. This presentation includes information on: GFTN at a glance Best practices on exercising due diligence Stepwise approach - responsible sourcing policy Information from supplier Classification of environmental products by GFTN environmental category Legality framework to establish legality

18 Catch up or miss out Your customers need to know that you are following the law. They need to prove that the products you supply are legal. If they cannot (in Australia, the European Union and the USA at least) their customers may be liable for prosecution. If you fail to comply with the regulations in the harvest country, the processing country or the consuming country you are likely to lose your business.

19 Disclaimer It is hoped that the information presented will give you the confidence to demonstrate due care and in turn help your customers to do the same Persons seeking legal advice on compliance should consult with a legal professional. No liability whatsoever resulting from this training can be accepted by the trainers or those who developed these materials.