EUROPEAN COMMISSION
DIRECTORATE-GENERAL
ENVIRONMENT
Directorate F - Global Sustainable Development
ENV.F.3 – Multilateral Environmental Cooperation
SUMMARY RECORD
FLEGT/EUTR EXPERT GROUP MEETING
14 FEBRUARY 2019
1. Adoption of the agenda and of the minutes of the last meeting
Agenda point 4a was deleted1. With this amendment the agenda was adopted. The
minutes of the last meeting were approved.
2. Nature of the meeting
The meeting was not public. EU Member States (MS) were represented by delegates
from the EUTR/FLEGT Competent Authorities (CAs).
3. List of points discussed
Update on the FLEGT processes
Update on the VPA with Vietnam (VN)
With the Joint Expert Meeting and Joint Preparatory Committee meeting to discuss
progress being scheduled for the 1st week of March, the European Commission (EC) will
provide more details on the progress at next EUTR EG meeting. With regard to the
ratification process, the next step is getting consent from the European parliament,
currently scheduled for the plenary in the 2nd week of March. The EC does not expect
difficulties in this process. The file then goes to the Council for approval, expected
before the summer, thus completing the ratification process on the EU side. The EC
recalled that the issue of illegal timber flows from Cambodia (KH) has been prominent
during the ratification process, with some claiming that illegal timber from KH ends up
in the EU after processing in VN. EC urged CAs to bear this in mind during checks and
to immediately inform the EC in case they believe this could be the case.
Update on the VPA with Ghana:
The joint assessment of the readiness of the system has been launched, and while the aim
is a positive conclusion in view of the work undertaken since the shipment testing, the
process may still take 12-18 months. Following the successful completion of this
exercise, licensing preparations will commence. At the same time, agreement has been
reached on the Annex amendments and the EC is currently going through its internal
1 To avoid confusion, the remaining sub-points under point 4 maintain their denomination as in the
Agenda.
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process before submission to the FLEGT/EUTR Committee for its opinion on the official
EU position. Such submission is expected at the end of March/beginning of April.
Update on the VPA with Guyana:
Following the initialling of the EU-Guyana VPA, the process for the signature and
ratification has commenced. However, the upcoming elections on both sides impact on
planning and timelines. In the meantime, discussions regarding implementation have
begun and the development of the implementation framework is currently the priority.
Update on FLEGT implementation
MS updates on the implementation of the FLEGT Regulation
Some MS provided updates on the implementation of the FLEGT Regulation in their
country.
The EC encouraged MS to be sharing the FLEGT guidelines, once finalised by DG
TAXUD, to encourage and show the benefits of FLEGT licencing.
Update on the publication of the draft FLEGT Annual Synthesis Report 2017
The annual synthesis report was shared in December for a final review by CAs; changes
have been incorporated and the draft EC report is almost finalised. Internal procedures
are now ongoing before publishing. Both reports should be on the website in about two
months.
Information points
Update on support services for implementing the EUTR and FLEGT Regulation
The importance of CA inputs in the bi-monthly briefing notes was highlighted; they have
been accessed more than 8000 times in total. The third report of overviews of CA checks
has been published; fourth report under way. The trade analysis will focus on new online
dashboards. EUTR national reporting template is online now and to be tested by CAs;
FLEGT national reporting online template being prepared.
The EC confirmed that the amendments to EUTR and FLEGT reporting had been agreed
by the European Parliament, and were expected to be published later this year. As of next
year, there will be annual reporting based on the calendar year. This year’s reporting on
EUTR is still based on March – February but MS will already have the option to report
January – December, instead. This will facilitate the transition to the new system.
Update on the preparations towards a Communication on Stepping up EU Action on
Deforestation and Forest Degradation
The final version is expected later this year. The EUTR and FLEGT are particularly
relevant to broader work on other agricultural products that have effects on deforestation,
as the EUTR is almost a pioneer experience in this regard. CAs are invited to be actively
involved and in contact with other MS colleagues about these issues to share experiences.
Supply, demand and international cooperation are expected to be covered, similar to the
work under FLEGT Action plan.
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Update on the draft guidance document on Conflict Timber
The EC and a group of MS are continuing to work on the draft, including on addressing
comments from MS. The formalisation as a Commission notice will happen when a
number of new drafts or updates have been prepared. The guidance documents that are
already on the ECs EUTR website can already be used as reference, as they have been
accepted by the EUTR EG and thus represent the position of all EU MS.
Presentations
Open Timber Portal (OTP)
World Resource Institute (WRI) has several programs, including on global forest watch,
restoration and forest legality. Different work streams are intended to strengthen capacity
of the civil sector, including leverage policy, develop tools to support decision making,
technologies for screening supply chain management, some work on CITES and some on
the timber portal. The OTP is about transparency, which links to forest legality, a key
component of VPAs and the DDS requirement under EUTR. The compliance
information in the OTP is from private and third party actors and WRI are in touch with
others to ensure there is no duplication with other tools. Companies and independent
monitors are invited to upload reports into the OTP, with a breakdown of the key
findings. Those who enter data are encouraged to ask a colleague to check the data, then
another organisation is asked to check the data. WRI will be hiring quality assurance
consultants soon. The key audience includes government agencies in producer countries,
timber companies, timber buyers, and enforcement agencies.
Update on EUTR implementation
Substantiated concerns: Placing timber from high risk countries on the EU market
The position on Ukraine is not yet finalised and EC requested assistance from MS. As for
Brazil, the plan is to find proposals and sources that operators and CAs can access
publically to come to a negligible risk assessment where this is possible in the present
situation. This will however not happen quickly in Ukraine. Some companies have
contacted the EC to say that they stopped imports from Ukraine to avoid doing
something wrong, but that is not the idea. The risk may not be negligible for certain
products/origins/etc. CAs need to ensure an unilateral approach; if anyone is approached
bilaterally, this needs to be shared.
MS updates on other issues related to the implementation of the EUTR
Some MS gave a state-of-play on the performing of checks on operators and traders, and
on other developments related to the implementation of the EUTR requirements.
One MS explained that shipments contained in free port areas are difficult to check as the
approval from the judiciary authority is required for inspections. Furthermore, the MS
referred to judiciary authorities not applying the penalties requested by the CA and that,
while the risk of illegality of teak from Myanmar could presently not be mitigated, it was
unclear whether operators respected the EG conclusions in this regard..
In view of information on difficulties to check, e.g. shipments in free port areas under the
EUTR, as the approval from the judiciary is required for inspections there, the EC
underlined that there is an obligation under EUTR for MS to have effective,
proportionate and dissuasive sanctions. Those MS where this is not the case need to take
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action to make sure that their legislation is effective. The EC pointed out that the EG
agreed across all MS that with regards to import of teak from Myanmar, at present, it is
not possible for operators to come to a negligible risk assessment due to the specific
situation in Myanmar, and that therefore trade in teak from Myanmar cannot continue to
flow until the problems in Myanmar are resolved.
Conclusions/recommendations/opinions: The assessment of the EG regarding
Myanmar (see minutes of 19 June 2018) and Brazil (see minutes of 7 December 2018)
remain valid and should be taken into account, in particular, by operators and CAs
when assessing the risk of illegality related to timber imports from these countries.
A.O.B.
Following the December EG meeting (AOB), the topic of bark beetle was discussed at
the Ministry of Agriculture of the Czech Republic. The outcome of this consultation was
that the legislation on forest protection is not considered applicable under the EUTR,
because it is not directly related to harvesting. Also phytosanitary measures are not
considered a direct obligation of operators, as understood in the EUTR legislation. A full
English translation of the statement will be made available.
4. Conclusions/recommendations/opinions
See individual points
5. Next steps
See individual points
6. Next meeting
The next FLEGT/EUTR Expert Group meeting will take place on 30 April 2019,
preceded by an Informal EUTR Enforcement Group meeting on 29 April p.m.
7. List of participants
CODE
ORGANISATION
BE
Federal Public Service Health, Food Chain Safety and Environment
BG
Executive Forest Agency
CZ
Forest Management Institute of Czech Republic
DK
Ministry of Environment and Food
DE
Bundesanstalt für Landwirtschaft und Ernährung (BLE)
EE
Ministry of the Environment of Estonia
IE
Department of Agriculture, Food and the Marine
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ES
Departament d'Agricultura, Ramaderia, Pesca i Alimentació
ES
Dirección General de Desarrollo Rural y Política Forestal (MAPA)
FR
ministère de l'agriculture et de l'alimentation
HR
Ministry of Agriculture
IT
ARMA CARABINIERI
IT
Ministero delle politiche agricole alimentari, forestali e del turismo
CY
Ministry of Agriculture, Natural Resources and Environment, Department of Forest
LV
State Forest Service
LT
Customs department
MT
Ministry for the Environment, Sustainable Development and Climate Change
NL
Ministry of Agriculture, nature conservation and food quality
NL
Netherlands food and consumer product safety authority (NVWA)
AT
Federal Forest Office
AT
Federal Ministry for Sustainability and Tourism
PL
Chief Inspectorate of Environmental Protection
PT
Autoridade Tributária e Aduaneira
PT
Instituto da Conservação da Natureza e das Florestas, I.P.
RO
Ministry of Waters and Forests
SI
Ministry of Agriculture, Forestry and Food of the Republic of Slovenia
SK
Ministry of Agriculture and Rural Development of the Slovak Republic
SK
Slovak Forestry and Timber Inspection
FI
Finnish Food Authority
FI
Ministry of Agriculture and Forestry
5
SE
Swedish Board of Agriculture
SE
Swedish Forest Agency
UK
Office for Product Safety & Standards
NO
Norwegian Environment Agency
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