The document proposes a package of measures that address the problem of illegal logging and its trade. There are several other EU supported initiatives in developing countries . This Action Plan is mainly focused on the question of legality, but with the wider objective of promoting sustainable forest management. Key points of action are the improvement of the available legality verification systems, promoting transparency, protecting local smallholders and the encouragement of local participation against illegal logging and fighting corruption..

1. 1
Literature Review on the EU Timber Regulation and Voluntary
Partnership Agreements. EU Library Documents.
Index:
REGULATIONS
EU POLICYBRIEFS
EU BRIEFING NOTES
VPAS
OTHERS
A. REGULATIONS
 Communication from the Commission to the Council and the European Parliament;
Forest Law Enforcement, Governance and Trade. Proposal for an EU Action Plan. (May,
2003)
Commission of the European Communities
The document proposes a package of measures that address the problem of illegal logging and its
trade.
There are several other EU supported initiatives in developing countries . This Action Plan is
mainly focused on the question of legality, but with the wider objective of promoting sustainable
forest management. Key points of action are the improvement of the available legality
verification systems, promoting transparency, protecting local smallholders and the
encouragement of local participation against illegal logging and fighting corruption..
As illegal trade constitutes a big share of the international timber trade, the EU should
design trade measures in collaboration with other big timber importers as well as partnerships

2. 2
between producers-importers. Accordingly, The Commission proposes to launch a voluntary
licensing scheme between partner countries that is supported by appropriate national legislations
and verification-certification systems. Each bilateral agreement will take into account the
different conditions in the forest sector on each country, but will maintain several common
elements. The ASEAN and Central Africa are the focus of the proposed agreements.
The Commission notes the need for EU legislation that prohibits the import to the EU
market of timber products that are in breach with the laws of the country of origin. Moreover,
Green book will be created in order to introduce environmental considerations in public
procurement processes in MS.
Another theme addressed in the Action Plan is that of key role of the private sector.
Private sector from EU MS and the timber producing countries should be encouraged to adopt
voluntary practices that control the legality of timber through the whole supply chain. Banks and
investors should be encouraged to assess social and environmental risks in their projects that
could lead to conflict over access to land and resources.
The Convention on Trade in Endangered Species (CITES) has also an important role to
play. The Commission will encourage the use of CITES lists in order to avoid potential import
restrictions. Conflict timber, or timber traded by armed groups and used to finance conflicts will
be legally defined as a first step towards measures addressing the role of timber trade in armed
conflict, and the indigenous peoples rights to the use and tenure of land.
The Annexes include a description of other international and regional initiatives for
improved forest law enforcement as well as a description of the international trade in timber.
 REGULATION (EU) No 995/2010 OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL of 20 October 2010 laying down the obligations of operators who place timber
and timber products on the market
Official journal of the European Union
The Document gives notice of the adoption by the European Parlament and the Council of a
Regulation setting down the obligations of operators and traders placing timber products in the
EU market for the first time. It considers operators the legal or natural person that places timber
in the market, whereas a trader is someone that sells or buys on the internal market timber
products that are already placed on it. The regulation prohibits the placing on the market of illegal
timber, that is, timber that does not comply with the legislation of its country of harvest
.Operators are obliged to exercise a Due Diligence and supervise its effectivity. A Due diligence
contains description of the timber (Origin, species), risk assessments and prove of compliance
with the applicable legislation. Traders should be able to trace all suppliers of timber through the
supply chain.
Each Member State should appoint authorities to assist operators and ensure the application of
this regulation. Moreover, recognized monitoring organizations should evaluate and maintain due
diligence systems, as well as take action when DDS are not properly used. Penalties will be
proportional to the economic and environmental damage inflicted.
 COUNCIL REGULATION(EC) No 2173/2005

3. 3
on the establishment of a FLEGT licensing scheme for imports of timber into the European
Community of 20 December 2005
Official Journal of the European Union
The regulation establishes a FLEGT licensing scheme for imports of timber into the EU that will
apply to partner countries.
A FLEGT license will refer to a shipment that is in compliance with the requirements of the
FLEGT scheme, issued and validated by a partner’s country licensing authority who will keep
electronic record of the license and documents presented. FLEGT licensed shipments will be the
only timber authorized to enter the EU market. At borders, custom authorities may retain the
cargo if it is suspected that the license is not valid. Penalties on infringement of this Regulation
will be determined by each Member State.
The Annex of the Regulation include a list of products to which the FLEGT licensing scheme
applies
 COMMISSION IMPLEMENTING REGULATION (EU) No 607/2012of6 July 2012
on the detailed rules concerning the due diligence system and the frequency and nature of
the checks on monitoring organisations as provided for in Regulation (EU) No 995/2010 of
the
European Parliament and of the Council laying down the obligations of operators who place
timber and timber products on the market
Official Journal of the European Union
The regulation lays down rules concerning the due diligence system and the frequency and nature
of the checks on monitoring organizations.
The due diligence system has to be applied for each specific type of timber or timber product
supplied within a period of 12 months. The information stated in the diligence should include:
the scientific name of the species, the region of harvest, and the concession of harvest. Third
parties certification may be used when carrying the risk assessment and risk mitigation
procedures that trace the entrance of illegal timber into the supply chain. Checks should be
conducted at regular intervals to ensure that due diligence systems are functioning properly. The
following activities should be carried: field audits, record of monitoring organizations, interviews
with operators and traders and examination of samples of supply.
***
B. EU POLICYBRIEFS
 Forest LawEnforcement, Governance and Trade , EFI Policy Brief2 – the European Union
approach(2008)
EFI FLEGT TEAM

4. 4
This Brief shortly explains that as the EU is one of the biggest timber importers, it indirectly
supports practices of illegal logging that are very prejudicial for the environment and impoverish
communities in logging regions. The FLEGT initiative was launched in order to palliate these
problems by developing partnership with timber producers, developing legislation that
encourages responsible use of the forest sector,and making easier for European companies and
governments to purchase legal wood.
 What Is a Voluntary Partnership Agreement? EFI Policy Brief3 – the European Union
Approach (2009)
EFI FLEGT Team
The Brief defines a VPA as a bilateral trading agreement in which a EU MS and an exporting
country commit to trade only in legal wood. Four phases are described: Preparation and
assessment of the scope of the partnership model, negotiation of standards and assurance systems,
development of the systems and fully implementation. These LegalAssurance Systems (LAS)
are based on laws and institutions of the partner country and ensure the legality of the forest
operations. A solid LAS should include five elements: a description of what is legal wood, a
mechanism to control the movements of timber across the country, a government endorsed
institution to verify compliance with the law, a licensing authority, and independent monitors to
check the whole system.
 Changing International. EFI Policy Brief5-EU FLEGT Facility and Wood Products. Main
Policy Instruments(2010)
EFI FLEGT Team
The Brief gives information about different international legislative measures that tackle illegal
logging and timber trade.
The EU Timber Regulation of 2013 obliges timber operators to use systems to trace the origins
and type of wood in order to exclude illegal timber from the supply chain. The US Lacey Act of
2008 prohibits the transportation of illegally captured species, including timber and paper, across
US territory and international borders. As the EU TR, the Lacey Act does not impose US own
law in other countries. In contrast, Switzerland only requires that information about the timber
reaches the customer,so he can choose to buy it or not.
***
C. EU BRIEFING NOTES
FLEGT
This is a series of briefings that explain what is the FLEGT and its origins, defines what is legal
timber, which control systems can be used, what are the requirements of a LAS or a VPA,how to
conduct an independent monitoring and what is a market participant-based legality assurance.
 The FLEGT is an action plan set to combat illegal logging by supporting timber producing
countries, promoting the trade of legal timber, developing public procurement initiatives,
adapting or creating supporting legislation and addressing the problem of conflict timber.

5. 5
 The definition of legal timber is adapted to the different forest sectors of each country. It should
be consistent with national and regional laws, and take into account the rights of stakeholders as
well as address sustainable forest management goals.
 VPAs promote sustainable forest management, so partner countries need to possess the adequate
structures and systems to verify that timber is produced according to the law. In some cases,
some support from the EU is needed to develop them. The duration of the partnership between
one or more EU MS and a timber producer remains in force until one of them decides to
withdraw.
 A Legality Assurance System is an important element of a VPA used to distinguish illegally
harvested from legal timber. It should include a definition of legal timber, requirements of a wood
tracing mechanism, requirements for legal compliance verification systems and details on the
issuance of licenses. LAS’s can be operator-based or shipment-based.
 A wood tracing mechanism or chain of custody should use the following criteria: clear
delineation of use rights, timber can be traced from the point of harvest until the point of export,
clear estimates of quantities at each stage of the production process, separation of legal sourced
timber from other sources and control of all imported products.
 Legal compliance verification are required to be carried by the government, market participants
or third-party organizations that are adequately resourced, the process of verification must be
carried transparently at regular intervals, and record of the verification activities must be kept.
Corrective actions must be implemented if non-compliance is detected.
 Independent monitoring provides assurance that the FLEGT system works as planned and is
credible. Monitors are authorized and funded and supported by the Partner Country’s authorities.
They have no relationship with the commercial activities they are examining. They are subjected
to audits that verify the monitor’s compliance with ISO rules and are competent in their activities.
A Reporting Body receives reviews from the Monitors and communicates results and
recommendations to the relevant actors.
 Market participants can exercise t market participant-based legality assurance systems. This
lightens administrative burden from the licensing authorities. Licenses, nevertheless,are still
issued by the authorities based on the evidences of controls presented by the exporters. Exporters
qualify for a market participant licensing if they can demonstrate that the logs they use can be
traced back to their harvest point by using the national system.
D. VOLUNTARYPARTNERSHIP AGREEMENTS
Official Journal of the European Union
 Voluntary Partnership Agreement between the EU and the Republic ofCameroon on
FLEGT(April 2011)
 Voluntary Partnership Agreement between the EU and the Republic ofCongo on FLEGT
(April 2011)
 Voluntary Partnership Agreement between the EU and the Republic ofGhana on FLEGT
(March 2010)

6. 6
 Voluntary Partnership Agreement between the EU and the Central African Republic on
FLEGT (October 2011)
The Documents are four bilateral agreements between the EU and four African countries in which the
partners commit to ensure that timber exports into the EU are legally produced. In order to achieve
it, a FLEGT licensing system is introduced. The legal shape of all the documents is the same;
Definitions of key terms, of a FLEGT licensing scheme, requirements for a licensing authority, for
independent auditors, description of the competent EU authorities, implementation schemes,
description of supporting measures,social safeguards,market incentives, information dissemination
strategies. The Appendices and Annexes contain license forms, national legislations, and explanatory
notes.
***
● LULUCF & the 2013 Framework– (http://www.clientearth.org/201406202579/climate-and-
forests/climate-forests-publications/lulucf-a-the-2030-framework-2579)
This briefing discusses how to incorporate the LULUCF (land-use, land-use change and land-use
forestry) sector into the EU’s Greenhouse gas emission (GHG) targets of 2030. It suggests that a
separate pillar needs to be constructed for LULUCF and agriculture. Only in this way the
LULUCF can be successfully integrated into the EU’s framework. Most importantly, it must be
responded to the non-permanence, uncertainty and fluctuations in the accounting of gas
emissions. Non-permanence refers to the fact that the capacity of land-based carbon sinks varies
depending on country and region. This should be recognized in order to avoid the misuse of
carbon. There is also uncertainty in the measuring of gas emissions as land is used differently
across countries and climates vary. Thus, one should be aware that these uncertainties can weaken
the ability to measure progress. Thirdly, GHG emissions are subject to annual fluctuations across
Member States. By combining the LULUCF sector with fossil emissions there is a risk of
lessening the ‘annual linear trajectory’ that fosters gas emission reductions.
● Questions and answers on the EU and Indonesia agreement on illegal timber –
(http://europa.eu/rapid/press-release_MEMO-13-828_en.htm, http://indonesiavpa.wordpress.com)
These articles again focus on VPAs and the Timber Regulation. They add information about
Indonesia which has suffered a lot from illegal logging and is of great importance for the
European market. In 2007, the government introduced the license system discussed above.
● Howcan a VPA contribute to poverty reduction? (July 2013)
Hobley, Bunch,
EU FLEGT Facility,
EFI

7. 7
This article relates forests to poverty and argues that there is a strong connection as the lives of
many people depend on forestry. Thus, VAPs can reduce poverty significantly through two
channels: Firstly, people can use forest products and secondly, it will decrease unemployment as
more people can be employed in the sector. The effectiveness, however, may vary a lot across
regions. Nevertheless, the authors have found evidence for a reduction of poverty if certain
conditions are met. These include, for example, legal and financial support from the government,
secure local property rights etc. Moreover, the article sets out criteria that need to be fulfilled in
order for VPAs to address poverty. Concrete actions that might reduce poverty can be set out in
the different phases of a VPA. To conclude, VAPs can contribute to a reduction in poverty if the
‘rules of the game’ will be changed fundamentally and the poor people as well as civil society
will be supported.
 Fact Sheet on: FLEGT-licensed timber will help importers meet the due diligence
requirements ofthe EU Timber Regulation (April 2014)
EU FLEGT Facility, EFI
The document gives useful information to EU timber importers about FLEGT certified timber.
(http://ec.europa.eu/environment/eutr2013/index_en.htm,
http://www.euflegt.efi.int/documents/10180/23367/The+EU+Timber+Regulation+and+Voluntary
+Partnership+Agreements+work+together+to+combat+illegal+logging+and+improve+forest+go
vernance/2aff7431-c566-4965-8756-d4dfdcd18ee1, http://www.fao.org/forestry/eu-
flegt/78077/en/, http://www.fern.org/sites/fern.org/files/What%20are%20FLEGT%20VPAs.pdf ,
http://www.cpet.org.uk/files/CPET_FLEGT_leaflet_March_2012_web.pdf,
https://ic.fsc.org/download.qa-eutr-rev-01-21-13.a-1517.pdf)
The EUTR which came into effect on 3 March 2013 prohibits selling illegally logged timber on
the EU market as well as all products derived from this timber. It is part of the FLEGT (Forest
Law Enforcement Governance and Trade) Action Plan which sets out measures to combat illegal
timber by, for instance, promoting public procurement policies, supporting private sector
initiatives etc.
The regulation itself aims at supporting the supply of legally harvested timber. In order to sell
timber on the EU market, a FLEGT license or a CITES permit is needed. Besides this regulation,
the EU created Voluntary Partnership Agreements (VPAs) ensuring that the timber-producing
country certifies its timber and timber products as legal meaning they comply with the laws of the
timber-producing country. Moreover, the European Union only imports licensed timber from the
country. In this way, it can be called a bilateral agreement. Another important feature of VPAs
isthe existence of independent audits ensuring credibility of the system. This may be
complemented by independent monitoring/observation by NGOs which provide the information
for the audit. It has to be noted that VPAs are not considered trade restrictions.
The agreements are beneficial for timber businesses as all products that are already licensed with
a FLEGT are no longer subject to due diligence as their legality is ensured. Moreover, the
measures make the trade with timber fairer as there has been the risk of being underpriced by

8. 8
firms selling (illegal) wood very cheaply. By setting standards for all businesses, this risk is
eliminated.
If a country selling timber or timber products to the European Union, the latter will have the
opportunity to access all necessary information about the products, such as the country of origin
and the species of the trees. This principle is called due diligence. For businesses it is advised not
to buy illegal timber, to know the sources of the harvested timber and to check if the products are
covered by the regulation. Already certified timber is still subject to due diligence so the
businesses can still expect the buyer to ask questions about it.
 Penalties under the EU Timber Regulation and VPAs (April 2012)
Client Earth
This article suggests that there is the need for a coordinated penalty regime system in case the
Timber Regulation is violated. Most importantly, it outlines recommendations which could render
the penalty system more efficient and coherent. Firstly, all Member States should set up a
framework for penalties as soon as possible. Secondly, countries should take into account the
penalties that are already foreseen by the Regulation. If these do not lead to a compliance with the
Regulation, further penalties should be taken into consideration. Thirdly, a stable penalty system
must be assured and an institution appointed that implements the penalties. Fourthly, the
Commission should overlook the implementation as well and determine if the penalty can be
considered ‘effective, proportionate and dissuasive’. Lastly, member states must have an idea of
how to implement the penalties in practice and act against any misbehavior.
 What does the Exercise of Due Diligence under the Timber Regulation require? (October
2011)
ClientEarth
Justice forthe Planet
This briefing suggests that the principle of due diligence should be set out more precisely in the
Regulation. Only concrete guidelines can ensure a uniform implementation of this concept. The
article discusses a few phrase/concepts which need to be clarified. Firstly, the Regulation clarifies
that the operator can access further information ‘where applicable’. It is, however, very unclear
what is meant by this. Secondly, operators should be able to receive information about the full
scientific name of the tree and also about the concrete origin including naming the sub-national
region. Thirdly, if more than one tree species is imported, the operator should have the
opportunity to know the details about all species. Fourthly, although monitoring institutions are
of vital importance because they represent an ‘approved’ due diligence system, it is still the
operators’ responsibility to carry out due diligence. Fifthly, the Regulation determines that the
risk of having illegally harvested wood in the supply chain should be ‘negligible’. If the risk is
higher than this, there must be taken steps to lower the risk again until it can be called ‘negligible’
(risk mitigation procedures). There is, however, no consensus about the definition of ‘negligible’

9. 9
which is a major issue that has to be discussed. Lastly, the operator must always estimate the risk
of the existence of illegal timber in the supply chain.
 Competent Authorities: Roles and Responsibilities under the EU Timber Regulation and
VPAs (April 2012)
Client Earth, Justice for the Planet
This briefing advises to appoint monitoring authorities who possess the resources and tools to
fulfill their tasks in the most efficient way. The article proposes that these authorities should have
access to any kind of information. Moreover, they must be able to communicate with
organizations, third parties, the Commission or other member states. The member state itself
carries the responsibility to implement a functioning system in which the competent authorities
are able to gain their necessary information.
 EU Timber Regulation: Preparing for the Regulation (March 2011)
Proforest
This article provides a good overview of the due diligence system. It consists of three main
features: information, risk assessment and risk mitigation. The information system refers to the
operator’s unlimited access to any kind of information on the trees. Every member state also
implements a risk assessment procedure consisting of several risk criteria. These criteria are used
to categorize products into high risk products or low risk products. High risk products are usually
originated in countries with a lot of illegally harvested timber whereas low risk products have
been imported from countries which have certified their products as legal. Risk mitigation
procedures are used when there is a visible risk in importing timber from a certain country as it
may be harvested illegally. If this is the case, the importing country should require more
information in order to minimize the risk. If the risk assessment procedure categorizes a product
as a low risk product and the risk mitigation procedure could minimize the risk in case it was
more than ‘negligible’ the product will enter the market.
 Sources ofinformation on the EU Timber Regulation (April 2013)
EU FLEGT Facility
The document lists government agencies, private sector associations and CSOs which can provide
information on the Regulation.
From the European Commission: http://ec.europa.eu/environment/eutr2013/index_en.htm,
http://ec.europa.eu/environment/forests/pdf/guidance_document.pdf,http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:295:0023:0034:EN:PDF,
http://ec.europa.eu/environment/forests/pdf/LISTof CAs.pdf

10. 10
From the EU FLEGT Facility:
http://www.euflegt.efi.int/portal/home/the_eu_timber_regulation_and_flegt-licensed_timber/
From other organizations:http://www.clientearth.org/climate-and-forests/climate-forests-
publications/,http://www.clientearth.org/climate-and-forests/climate-forests-publications/qaa-
on-the-eu-timber-regulation-and-vpas,http://www.tft-forests.org/downloads/get/?d=4737 ,
https://ic.fsc.org/eu-timber-regulation.46.htm, http://www.cpet.org.uk/eutr/frequently-asked-
questions - 6, http://agriculture.gouv.fr/le-reglement-sur-le-bois-de-l-union-europeenne
%28RBUE%29
 Risk Assessment under the EU Timber regulation and VPAs
Client Earth
The brief examines how the EU Timber Regulation and VPAs approach to risk assessment.
Under the TR, Operators carry out risk assessments as a part of the due diligence if there is more
than a negligible risk of timber being harvested illegally. Timber imported into the EU through a
FLEGT or CITES license will still have to carry a due diligence, which be much easier because
the above mentioned licenses will provide most of the information needed, although there are
some differences in the required information. The TR provides tools that operators may employ
in the exercise of the due diligence such as: certification schemes or Legality verification schemes
to check compliance or allowing monitoring organizations to create their own due diligence
system. Additionally, the competent authorities may also carry out checks to identify operators
that are in risk of breaching the Regulation.
Under the VPA,the risk assessment is carried in the Partner Country, but competent authorities in
the EU must check every shipment for a FLEGT license. The manner of assessing the legality of
the timber is stated in each agreement differently, creating a nationally specific risk assessment
mode.
 FLEGT. Timber Pass (September 2011)
Ifia, Republique Francaise
The leaflet illustrates how the EU Timber Regulation sets a framework that prohibits the trade
and harvest of illegal timber through a FLEGT licensing system that requires checks through all
the supply chain. VPAs fit in the initiative through the establishment of legal verification systems
and better forest governance at national level in the Partner country. The paper also describes the
process of establishing a VPA and the obligations the TR places on operators of exercising a due
diligence system. The authors describe due diligence s as a three steps system in which
information about the harvest is gathered, a risk analysis for illegality is exercised and measures
to avoid illegal timber are taken.
 Briefing paper. Controlling Illegal Logging: Implementation ofthe EU Timber regulation
(January 2011)
ChathamHouse

11. 11
This paper explains how the EU Timber Regulation works to exclude illegal timber from the
market from March 3 2013. The Regulation requires operators to exercise a due diligence to
exclude the risk of trading with illegal timber. This diligence can be carried by a monitoring
organization too. Complementary, information programs such as Guides for Implementation will
facilitate compliance, as well as uniform Penalties will be needed in order to enforce compliance.
 Briefing note 2. FLEGT-REDD+ linkages (January 2011)
Proforest
http://unfccc.int/methods_science/redd/,http://www.reddpluspartnership.org/,
http://www.un-redd.org/,http://www.climateinvestmentfunds.org/cif/node/5,
http://www.miljo.no/climate-and-forest-initiative, http://redd-database.iges/,
http://www.redd-net.org/
Briefing produced to inform EU Member States officials about FLEGT-REDD+ linkages.
REDD+ is an international mechanism designed to incentivate the protection of forest carbon
stocks in developing countries. FLEGT can support REDD+ implementation by promoting better
forest governance and law enforecement.On the other hand, REDD+ can support FLEGT by
giving political relevance to changes in the forest sector,and providing better acces to finance. A
functional REDD+ mechanism has three aspects:first, developed countries finance sustainability
initiatives in developing countries in return for reducing carbon emissions. Second, REDD
address main drivers of forest degradation or environmental loss and gives the problem political
relevance. Thirdly, a porgramme is implemented in order to reduce the addressed forest
degradation or emmissions. (See briefing 3 for more information on REDD+ current activities
and partnerships)
 FLEGT licensed timber and EU Member State procurement policies (December
2010)
Proforest
The briefing analyzes to which extent FLEGT VPAs and Forest Management Unit
(FMU) voluntary certifications can help public procurement policies to develop a more
sustainable use of forest resources.
Sustainable forest management requires firstly a definition of ‘legal” timber. Definitions
are usually based on internationally agreed criteria on sustainability. Some countries,
especially in the tropics, don’t meet the sustainability requirements, mainly due to weak
forest governance and policies. Moreover, certifications and legality verification schemes
will be costlier with poor governance. The document explains that FLEGT licenses and
VPAs might encourage partner countries with poor forest governance to develop better
legislative frameworks and infrastructures with the support of the EU at national level.

12. 12
The authors believe that homogeneous legal requirements at national level will have a
substantial impact in overall sustainability even when the international requirements are
not completely met. FMU (Forest Management Unit) certifications, on the other hand,
complement FLEGT schemes because they work at smaller scale with individual
companies. .
 EU Timber Regulation Frequently askedQuestions. Importing and exporting
(March 2013)
EU FLEGT facility, EFI
The document explains key questions about the subject of importing timber in the EU
since the implementation of the Timber Regulation and the FLEGT licensing system.
-Once a LAS is functional in a VPA partner country, only FLEGT licensed timber will
enter EU ports from there. Cargo without licensed will be stopped at the custom and
penalizations will apply. If there is no active VPA, then the Timber Regulation will
apply. This means a due diligence is required.
- Plantation products are also covered by the Timber Regulation, or need FLEGT license
in case there exists a VPA.
-Timber that is illegal in some countries but legal in others can be imported in the EU as
long as it is legal in the country of harvest. Nevertheless, if the EU poses a ban on the
import of a certain type of wood that can be legally extracted n its country of origin, then
operators are prohibited to import it in the EU market.
 EU Timber Regulation. Frequently askedQuestions. Due diligence, certification and
enforcement of the EU TR
EU FLEGT facility, EFI
The document clears usual misunderstandings about due diligences, certifications and the
enforcement of EU TR.
- The EU TR is a piece EU legislation that prohibits the trade of illegal timber into the
EU On the other hand, The Forest Stewardship Council (FSC) and the Programme
for Endorsement of Forest Certification (PEFC) are voluntary certification systems
that work with standards based on best practices. FSC or PEFC certification can be
used as a tool in the due diligence but they are not an evidence of legality by
themselves. The same applies in the case of Malaysian Certification Schemes
(MTCS)
- The requirements of a due diligence system are set in the Regulation: http://eur-
lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:295:0023:0034:EN:PDF

13. 13
- EU Member States are responsible for enforcing the Timber Regulation, monitored
by the Commission.
- The US and Australia take similar approaches towards illegal timber trade, but from
different regulatory frameworks.
 Controlling Illegal Logging: Consumer Country Measures(March 2011)
Brack &Buckrell,
EERG, Chatham House
This brief compares several policies followed by consumer countries in order to avoid
imports of illegal logging to their markets. In the EU VPAs establish a licensing system
and aims at better controls in the country or origin, but it will be a very slow and complex
process with many leakages. On the other hand, the American Lacey Act of 2008 is
quicker to apply and has more coverage. Nevertheless it lacks private certification
systems or Legality Verification systems. The EU Timber regulation of 2010 combines
the prohibition of placing illegally harvested timber in the market with specifications for
a due diligence system to control the risk of such placement.