Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 — House of Lords, 2020-10-27
Topic: Mixed Topics
Zac Goldsmith (Conservative, Centre-right): My Lords, this instrument amends the Timber and Timber Products and FLEGT (EU Exit) Regulations 2018—SI 2018/1025—on the trade in timber and timber products, also known as the 2018 exit regulations This instrument is for purposes relating to the implementation of the Northern Ireland protocol and to address deficiencies that have arisen since the 2018 exit regulations were made. This is considered a reserved policy. We have worked with the devolved Administrations on this instrument. The technical amendments in this instrument address deficiencies that have arisen since the 2018 exit regulations were made and, in addition, relate to the implementation of the Northern Ireland protocol. The minor amendments contained in this instrument will ensure that the regulations for the trade in legally harvested timber will operate effectively in the United Kingdom. I make it clear that all the amendments introduced by this instrument are technical operability amendments and do not introduce any policy changes The timber regulation and FLEGT licensing regulations address the issue of illegally harvested timber through two measures. On the supply side, the FLEGT regulations provide for a licensing regime with countries which have entered into a partnership agreement, allowing them to issue licences that prove legality of harvest. On the demand side, the timber regulation prohibits the placing on the market of illegally harvested timber and requires businesses to exercise due diligence on timber to ensure its legality Illegal logging is a significant driver of deforestation, leading to a dramatic decline in biodiversity and the loss of critical ecosystems services. Deforestation is also a major contributor to climate change. It directly affects rural communities that rely on forests for livelihoods and results in revenue loss to Governments and legitimate businesses. The timber regulation and FLEGT licensing system are therefore vital tools in preventing the trade in this timber The instrument’s main purpose is to make amendments to the 2018 exit regulations to facilitate operability within the context of the Northern Ireland protocol. This is achieved by substituting, in several instances, "the Community" and "the United Kingdom", with "Great Britain". There are several instances in which reference to "the United Kingdom" is retained from the 2018 regulations. This is to do three things First, as a FLEGT voluntary partnership agreement is defined as being constituted between two states or regional organisations, the reference must be to the United Kingdom for this to be correct. Secondly, for the purposes of the UK timber regulation, it defines the market on which timber is placed as the United Kingdom. If this market were to be defined as Great Britain it would have the effect of imposing the obligation to exercise due diligence on businesses importing timber from Northern Ireland to England, Scotland or Wales. This would represent a new check on goods moving from Northern Ireland to Great Britain and so the definition of the United Kingdom is retained. The third retention of United Kingdom is in relation to monitoring organisations. These are approved businesses which are able to offer access to their due diligence systems to those placing timber on the market. The regulations set out requirements in relation to where businesses must be legally established in order to be able to apply to be a monitoring organisation. If this area were to be defined as Great Britain it would preclude businesses in Northern Ireland from being able to apply to be a monitoring organisation under the UK regulations. As such, the definition of the United Kingdom has been retained The instrument also amends the dates when the first reports on the UK timber and FLEGT regulations are required. This is to ensure that there is an appropriate amount of time between the implementation of the regulations and the first report being produced. If this were not amended, the first report would be due just three months after the regulation comes into force. It also corrects a typographical error in the 2018 exit regulations by changing "in" to "by" in relation to sanctions imposed by the United Kingdom on timber imports or exports. It also amends the reporting period for the FLEGT regulation to a calendar rather than a financial year to bring it in line with other reporting schedules. This amendment was necessary to deal with an amendment to the EU regulations made after our 2018 exit SI. Finally, this instrument substitutes "IP completion"—the implementation period—for "exit" in the context of the date at which existing monitoring organisations established in the United Kingdom will retain recognition. This change is simply to correct a deficiency that has arisen since the 2018 exit regulations The instrument has always been intended for the affirmative procedure. It went through the JCSI without comment. This instrument was not subject to consultation, as it does not alter existing policy. In line with published guidance, there is no need to conduct an impact assessment for this instrument. This is because no, or no significant, impact on the private or voluntary sector is foreseen as this instrument relates to maintenance of existing regulatory standards and the cost of any direct impact from this instrument falls under £5 million. The territorial extent of this instrument is the United Kingdom. This is considered a reserved policy. The devolved Administrations were engaged in the development of the instrument and are content The Office for Product Safety & Standards, part of the Department for Business, Energy and Industrial Strategy, is the delivery body for the regulations and will continue in this role for both Northern Ireland and Great Britain. It has been involved in the development of this instrument and has no concerns in relation to implementation or resources. Its expertise in the enforcement of the regulations and its history of working with businesses to understand and meet their obligations will ensure a consistent and transparent transition The UK has a long and proud history of work in this area and the Government’s 25-year environment plan has made clear our commitment to support and protect international forests. This regulation will ensure that we can continue to protect valuable global resources, safeguard the livelihoods of some of the world’s most vulnerable people and contribute to tackling climate change. I beg to move.