WRITTEN QUESTION P-3529/98

by Mirja Ryynänen (ELDR) to the Commission

(13 November 1998)

Subject: Proposed Netherlands legislation on the certification of wood and wood products

The lower house of the Netherlands Parliament has adopted a legislative initiative on the compulsory labelling of wood and wood products based on the way in which the timber was produced. Under this initiative, wood which can be shown to have been produced in accordance with the principles of sustainable development, and products made from such wood, will be labelled with a green label, while others are given a red label.

National arrangements within the EU single market need to be adapted to the operational framework laid down in the Treaty of Rome, one of the stated objectives of which is the freedom of movement for goods within the internal market. The compulsory labelling of wood products conflicts with these objectives if such a requirement is not imposed through EU legislation.

The proposed labelling would not only place obstacles in the way of trade and give rise to discrimination. It would also place wood in a less favourable position than substitute materials. Moreover, the compulsory nature of the proposal would lead to discrimination in the timber trade against small forest owners owing to high costs.

In the light of the above:

1. What will the Commission do to ensure that the proposed eco-labelling in the Netherlands, in contravention of the objectives of the single market, is not put into practice?

2. What will the Commission do to ensure that the consumer has access to correct information on the background to any eco-labels which are introduced. For example, in the above-mentioned example, a red label does not mean that the wood has come from badly managed woodland.

3. What will the Commission do to ensure that products from sustainably used and naturally renewable forests and "pristine fibres" are not discriminated against in the EU countries by such means as eco-labels and recycling regulations?

Answer given by Mr Bangemann on behalf of the Commission

(21 December 1998)

1. On 17 July 1998 the Netherlands authorities notified a draft law (notification 98/319/NL) amending the law on environmental protection with regard to sustainably produced timber in the framework of Directive 83/189/EEC laying down a procedure for the provision of information in the field of technical standards and regulations (1), as consolidated by Directive 98/34/EC (2). After analysing the draft, the Commission delivered a detailed opinion on the basis of Articles 30 et seq. of the EC Treaty and comments, pursuant to Articles 9 and 8 respectively of the Directive. As a result of the delivery of the detailed opinion, the Netherlands must postpone the adoption of the draft technical regulation for six months from the date of notification (this period thus expires on 18 January 1999), and inform the Commission of the action they intend to take in the light of the issues raised. The Commission is currently awaiting their reply and will take the necessary measures should the reply be unsatisfactory.

2. The Commission assesses systems for forest certification and labelling of wood products in terms of their role in promoting sustainable development of forests and of the information they provide to consumers. This appraisal naturally takes account of the fact that the systems must be compatible with the rules of the Treaty and the Community's international obligations, in particular those pertaining to the World Trade Organisation.

3. With regard to the European eco-label, the ecological criteria for copying paper (Decision of 16 July 1996) relate to the principles and measures formulated by the Helsinki Ministerial Conference on the protection of forests in Europe. The criteria for domestic tissue-paper products (Decision of 7 January 1998) likewise refer to the sustainable management of forests in terms of the Helsinki Conference and, with regard to forests outside Europe, the relevant international work (Sustainable Development Commission (SDC), International Tropical Timber Organisation (ITTO), the United Nations Environment Programme (UNEP), the United Nations Food and Agriculture Organisation (FAO)). Consequently, the European eco-label does not discriminate against products derived from sustainable timber.

(1) OJ L 109, 26.4.1983.

(2) OJ L 204, 21.7.1998.