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EC Action Plan: a brief history. G8 Asia FLEGT ministerial declaration UK-Indonesia memorandum of understanding International pressure and the work of GW, EIA Greenpeace… The EC and WSSD. EC Process. DG External Affairs Civil society consultation Interservice consultation
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EC Action Plan: a brief history • G8 • Asia FLEGT ministerial declaration • UK-Indonesia memorandum of understanding • International pressure and the work of GW, EIA Greenpeace… • The EC and WSSD
EC Process • DG External Affairs • Civil society consultation • Interservice consultation • Transfer of responsibility
EC Process • Commissioners approve Action Plan • Council • Parliament • Back to Commission
Action Plan • What does the action plan say? • Capacity building • Voluntary Regulation and Licencing • Money laundering • Export credit agencies • Public Procurement
Comments • New legislation • The proposed Partnerships • Money Laundering • ECAs • Public Procurement
Next steps • Pressure on the Council • Pressure on Member states • Work with the EP
Existing laws: money laundering • Money laundering legislation could be more effective • Definition of criminal activities depends on those in state where proceeds are disposed of, not on those of country of origin Problems: • National legislation varies; may not always allow action (though probably does in UK) • But still probably difficult to prove criminal activity Actions: • Strengthen national and EU legislation and implementation
What’s lacking in existing laws? • Identification of illegal material difficult • Proof of illegality difficult to obtain • Co-operation with enforcement authorities in country of origin may be poor • No existing laws seem likely to capture all imports of illegal timber
US model • Lacey Act makes it illegal to import any fish or wildlife produced in violation of any foreign law • Prosecutors use the Lacey Act but many practical difficulties
Requirements for a new approach Key component: • New legislation at EU level to prevent the entry of illegally sourcedtimber into the EU • Has to be at EU level – single market • Therefore needs a new Regulation (applicable directly and uniformly throughout EU)
The new approach Objective: • Enable the EU to exclude illegally sourced timber and wood products Requirements for new approach Based on: • Bilateral agreements between the EU and producer countries • A licencing scheme: • Certificate of legality • Independent verification of legality
EC Action Plan • The action plan is divided into 5 sections: • Development co-operation • Trade in timber • Public Procurement • Private sector initiatives • Finance and investment safeguards
Main Points • voluntary licencing scheme w. Regulation • more research on General Prohibition Regulation • Public procurement • Finance and investment
What have NGOs done? • Meetings • NGO Consultation • NGO Statistics • NGO position papers • NGO Research
What NGOs want • A new regulation to stop illegal imports • Improved public procurement • ECAs • Money laundering • Bilateral agreements
What next? • NGOs need to agree a common position • The action plan comes out in May • Conclusions must be adopted by the Council