EN Official Journal of the European Union CE 88/175

(2004/C 88 E/0184)

WRITTEN QUESTION E-0320/04

by Gary Titley (PSE) to the Commission

(6 February 2004)

Subject: Illegal logging and timber trade

The Commission will be aware that until recently timber barons were concentrating on the islands of Indonesia, accelerating the destruction of the forests there. It now seems that the forests of West Papua are being targeted and are at risk of suffering the same fate.

On 21 May 2003 the Commission published the EU Action Plan for Forest Law Enforcement, Governance and Trade (FLEGT). The Commission has stated that it intends to submit a proposal for a regulation in 2004 to implement the Action Plan and to provide the basis for a voluntary partnership scheme to control illegal timber imports.

The opinion of the European Parliament's Committee on Industry, External Trade, Research and Energy, delivered on 19 January 2004, notes that although a voluntary licensing scheme would prevent unlicensed timber from participating countries being released for free circulation within the EU, not all producing countries are likely to agree to enter bilateral agreements. It recommends that urgent binding legislation be drafted to prohibit the import and marketing of all illegally sourced timber and forest products, irrespective of the countries of origin, so as to enable the authorities in EU Member States to prosecute companies and individuals.

Can the Commission confirm whether it will introduce binding legislation, and what its next steps will be?

Answer given by Mr Patten on behalf of the Commission

(16 March 2004)

The Commission is aware that the voluntary licensing scheme proposed in the FLEGT Action Plan Communication (1) would not cover all timber producing countries; hence there is a risk that illegally harvested timber could enter the EU from countries without such schemes. Nevertheless, if those countries with the most serious illegal logging problems enter into bilateral agreements with the EU, this should have a considerable impact.

In the FLEGT Action Plan, the Commission stated that it would investigate possible additional legislative measures aimed at halting the importation and marketing of illegally harvested timber, beyond the proposed voluntary licensing scheme. The Commission will put forward to the Parliament and Council options for such potential legislation during the course of 2004. A decision on whether to introduce further legislation will depend on the feasibility and nature of the options.

It should be noted that, while intuitively attractive, a general ban on the importation of illegally harvested timber raises some difficult legal and practical issues, such as who would determine legality and how to track timber from the forest through processing to the point of importation. Furthermore, some potential measures may fall under Member State rather than Community competence, eg. where criminal law is concerned. Nevertheless, the Commission recognises the gravity of the problem, as referred to in the Honourable Members' question, and is committed to ensuring the Community assumes its responsibilities in this matter.

(1) COM(2003) 251 final.