This document outlines ClientEarth's vision for the implementation of the EU Timber Regulation, which takes effect in 2013. It calls on the European Commission to provide clarifying guidance on key due diligence requirements, such as assessing risks and ensuring timber is legally sourced. It also urges Member States to enforce the regulation by designating competent authorities, applying effective sanctions, and creating public complaint procedures. Finally, it recommends civil society organizations promote voluntary partnerships, monitor supply chains, and aid compliance through outreach and coordination.
2. Introduction to ClientEarth
• ClientEarth is a non-profit environmental law
organisation based in Europe with offices in London,
Brussels, Paris and Warsaw.
• We are lawyers working at the interface of law, science,
and policy. Using law, we develop legal strategies and
tools to address environmental issues.
• Our work covers climate change, forests, access to
justice, biodiversity, marine protection, and public health.
3. Stakeholders
Substantive provisions apply from
3 March 2013
European Commission
Member States
Operators and Monitoring Organisations
Civil Society
5. Due Diligence – Information
Article 6(1)(a)
“Where applicable” means
Sub-national regions contain additional or alternative
applicable legislation.
Logging requires a concession of harvest.
Standard Forms
Annex containing standard forms
on each informational point.
Indications of Compliance
Uniform presentation of applicable legislation.
Forms of proof, including declarations, affidavits, foreign
documentation, official documents.
6. Due Diligence – Risk Assessment
Article 6(1)(b)
Methodology for Assessment
Guidance from other regulatory
systems, such as money
laundering and food safety.
Assurance of Compliance
Evidential value of various additional proof of
compliance and third-party verification.
Complexity of the supply chain.
7. Due Diligence – Risk Mitigation
Article 6(1)(b)
“Negligible”
Clarify according to its ordinary
and regulatory meaning.
Proportionality of Measures
Reaffirm risk must be reduced
to negligible levels.
Additional Information / Third-Party Verification
Outline additional information for common risks.
8. Accreditation Procedure and Checks
Article 8
Transparency Values
Access to Information
Notification and Public Participation
Internal Review and Access to Justice
Criteria for Withdrawal of Recognition
9. Member States
Competent Authorities
Ensure authority to discharge their duties.
Ensure power to issue notices of remedial actions, such
as seizure of timber and suspension of marketing.
Develop plans for official checks.
Create procedures for receiving and
acting on substantiated concerns
from third parties.
Sanctions and Penalties
“Effective, proportionate, and dissuasive,” including
fines, seizure, and suspension of trade authorisation.
10. Civil Society
Voluntary Partnership Agreements
Promote VPAs and forest governance.
Case Studies
Track flows and monitor leakage.
Exposés and US Lacey Act angles.
Compliance and Enforcement
Identify and target bad actors.
Outreach and coordination among governments, civil
society, enforcement agencies.
