EU review finds European governments failing in fight against multi-billion euro trade in illegal wood

18 February 2016 (Global Witness) – EU member states are failing to enforce laws designed to protect the world’s forests from illegal logging, according to a European Commission report published today [EU Timber Regulation: First two years show progress, but more effort needed from Member States and private sector]. The first review of the EU Timber Regulation (EUTR) since the law came into force in March 2013 found that the implementation of the EUTR by EU member states has been “slow” and “insufficient”. For national enforcement bodies, “insufficient resources are a major challenge for the effective enforcement of the EUTR”. “The EU Timber Regulation is a landmark piece of legislation that could make a huge difference in the fight against deforestation,” said Colin Robertson, campaigner for Global Witness. “But it will only work if European governments get serious about enforcing it. The law has been in place for three years but we have so far seen no prosecutions and no serious penalties. Meanwhile illegal timber continues to flood the EU market in enormous quantities.” As much as two billion euros worth of illegal timber, pulp and paper could have entered the EU in 2014, according to the most credible estimate. Based on that estimate, the biggest importers were the UK, Germany, France and Italy. (1) Illegal wood products are imported to the EU primarily from China, in the form of furniture, plywood and flooring, and as timber logged in Russia and in the world’s tropical rainforests – a trade that drives deforestation and corruption. Interpol claims that tackling illegal logging would be the “fastest, most effective” way to reduce global greenhouse gas emissions. Under the EUTR, each EU member state is responsible for policing companies, to ensure that they are not placing illegal wood-based products on the European market. EU companies are obliged to carry out checks on their wood and paper supplies and screen out those that are at high risk of illegality. Sanctions in the EU differ by member state, but in some countries are punishable by prison sentences and hefty fines. (2) “We have presented detailed evidence to national authorities across Europe that timber from the Central African Republic and Democratic Republic of Congo is very likely illegal, and possibly linked to violence and human rights abuses,” said Robertson. “But so far no steps appear to have been taken to hold companies accountable for breaking the law. Laws are only as good as their enforcement, and this one appears to have been widely ignored.” In July 2015 Global Witness published an investigation which showed that French and German companies were importing timber from logging companies in the war-torn Central African Republic. These loggers had broken numerous laws aimed at forest protection and paid millions to armed militia guilty of mass murder and war crimes, thereby fuelling the conflict. A month earlier, another Global Witness exposé showed how companies in the Democratic Republic of Congo accused of systematic illegal logging were shipping millions of euros’ worth of timber to France, Belgium, Portugal and other EU member states. Some of the companies in DRC have been allegedly complicit in human rights abuses against local populations. “Since the implementation process has been generally slow in most Member States, checks [on companies] were relatively limited…..Therefore the impact of enforcement checks was not yet sufficient” according to the EU report. The review concludes that “further consistent efforts are needed from both the Member States and the private sector before an effective and efficient application can be achieved”. Global Witness recommendations:

EU member state governments should ensure that they dedicate sufficient human and financial resources to the enforcement of the EUTR. The European commission should monitor and publish information on the resources deployed by different member states, contrasting this with the scale and nature of the illegal wood-based products being placed on their national markets.
Member state authorities should be more cautious about accepting official documents from producer countries – particularly those with a high incidence of corruption – as proof of legality.
Member state authorities should be more transparent, publishing regular reports detailing their enforcement efforts. These should include details of the checks they have undertaken and the sanctions applied.
Member state authorities should take evidence from NGOs far more seriously. The EUTR contains a specific provision allowing for the submission of “substantiated concerns” by third parties. Authorities should investigate and respond to these concerns in accordance with the legislation.
The European Commission should issue guidance for member states on identifying and dealing with the risks of conflict timber to ensure it does not enter the EU market.

/ ENDS

Contacts

Alice Harrison, Communications Adviser aharrison@globalwitness.org +44(0)7841 338792 Colin Robertson, Campaigner crobertson@globalwitness.org +44 (0)7977 250872

Today the Commission released a report on the effectiveness of the EU Timber Regulation during its first two years of implementation. The report finds that the EU is on track to achieve its objectives to combat illegal logging and associated trade in illegal timber, but challenges remain. Some positive trends are visible, namely that EU operators are gradually taking steps to ensure the legality of their suppliers and that there is more awareness of the problem of illegal logging amongst EU consumers. The Regulation has also encouraged producer countries to develop systems assessing compliance with the requirements of the legislation. However, more effort is needed from both the Member States and the private sector to ensure its effective and efficient application. Since 2014 there has been significant progress in the implementation of timber regulation across the EU. While in July 2014 there were 18 non-compliant Member States, in June 2015 the number was reduced to 4 (Greece, Hungary, Romania and Spain). The Commission launched infringement procedures against these Member States in 2015. It was also widely recognised that the Regulation adds significant value to the international efforts to halt deforestation and forest degradation, conserve biodiversity and address climate change. The results of evaluation will be used to further improve the implementation and application of the Timber Regulation.

EU Timber Regulation: First two years show progress, but more effort needed from Member States and private sector