Elaborating EUTR into Danish Law and Administration. Niels Bølling

Transcription

1 Niels Bølling 1

2 Agenda 1. Basic information 2. National legislation on FLEGT license scheme 3. National legislation on EU Timber Regulations 4. Duties of the Competent Authority (EUTR) 5. Organizing inspection 2

3 1. Basic information Danish Nature Agency is Competent Authority responsible for administration and inspection 250 importers of rough timber importers of other wood and wood products private forest owners hectares state owned forests??? Traders 3

4 2. National legislation on FLEGT Danish Administrative Order: FLEGT bekendtgørelse Role of Competent Authorities Role of Custom Role of Operator MoO with Custom Approval of FLEGT License Participation in Indonesia-EU VPA Shipment Test Run 4

5 3. National legislation on EU-Timber Regulation New law proposal in Parliament at October 11 th, 2012: Law for the administration of the Europe Union Regulations on timber and timber products by the purpose of combating illegally harvested timber Expected to enter into force 1. January 2013 Proposal for new law New Administrative order for inspection, sanctions and follow up on irregularities Expected to enter into force 1. Marts

6 4. Duties of the Competent Authority (EUTR) Tasks of the CA Timber Regulation 995/2010 Art. 10 Checks on operators Art. 11 Records of checks Art. 12 Cooperation Art. 13 Technical assistance etc. Art. 14 Penalties Art. 15 Reporting Delegated Regulation 363/2012 (MO s) Art. 5 Legal personality Art. 6 Appropriate expertise Art. 7 Capacity to exercise as MO Art. 8 Absence of conflict of interest Art. 9 Information on subsequent changes Art. 10 Reporting to the Commission Implementing Regulation 607/2012 Art. 2 Application of due diligence system Art. 3 Information concerning operators supply Art. 4 Risk assessment and mitigation Art. 5 Recordkeeping by operators Art. 6 Frequency and nature of checks on MO s Art. 7 Reports on checks 6

7 Drafting and content of official inspection plans Define inspection strategy Decide the organisation of the inspection system Content of official inspection plans: Inspection methods (auditing, samples, documents etc.) Inspection types (Prior warning, theme, possession of information) Inspection priorities Resources Risk evaluation Central selection of operators Quality calibration Coordination internal/external Revision of inspection plan 7

8 Possible selection of operators to be checked Inspections of few big professional operators with due diligence in place high import volume (Placing the upper bar) Risk based inspection Theme: (not decided yet) Risk based inspection Theme: (not decided yet) Follow up on

9 Inspection of due diligence-systems Tell me Show me Prove me wrong 9

10 Inspection of due diligence-systems Draft inspection scheme 10

11 Inspection of due diligence-systems Establishment of audit team with skills of law enforcement, international purchasing, forest management and finance Training and calibration Need for cooperation with other authorities 11

12 Transfer of information between CA and Custom Forvaltningsloven Encrypted 12

13 Sanctions Injunction Prohibition Fine Seizure (How to handle?) Prison up to one year 13

14 Risks Type of operator (small, medium, big) Big forest owners with own heat production Information from Custom Country/region of origin Market information Value of import Violation of tax- or other regulations Design Hans Bølling 14

15 Monitoring organizations NEPcon SGS Control Union Calibration of inspection Assistance by Danish Standards: Dansk Standard 15

16 THANK YOU Niels Bølling Head of Section Direct phone: (+45) Mobile: (+45) Haraldsgade 53 DK Copenhagen Ø Phone: (+45)