OPINION OF THE COMMISSION  pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, on the European Parliament's amendments to the Council's position regarding the  proposal for a REGULATION OF THE EUROPEAN PARLIAMENT  AND OF THE COUNCIL  laying down the obligations of operators who place timber and timber products on the market
Date: 2010-08-30
Institutions: European Commission
Subjects: amendment, drafting of EU law, marketing, pulp and paper industry, wood industry, wood product

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EUROPEAN COMMISSION 

Brussels, 30.8.2010 
COM(2010) 456 final 

2008/0198 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, 
on the European Parliament's amendments 
to the Council's position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

laying down the obligations of operators who place timber and timber products on the 
market 

AMENDING THE PROPOSAL FROM THE COMMISSION 
pursuant to Article 293(2) of the Treaty on the Functioning of the European Union 

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2008/0198 (COD) 

OPINION OF THE COMMISSION 

pursuant to Article 294(7)(c) of the Treaty on the Functioning of the European Union, 
on the European Parliament's amendments 
to the Council's position regarding the  
proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT  
AND OF THE COUNCIL 

laying down the obligations of operators who place timber and timber products on the 
market 

1. 

INTRODUCTION 

Article  294(7)(c)  of  the  Treaty  on  the  Functioning  of  the  European  Union  provides  that  the 
Commission  is  to  deliver  an  opinion  on  the  amendments  proposed  by  the  European 
Parliament at second reading. The Commission sets out its opinion below on the amendments 
proposed by the Parliament.  

2. 

BACKGROUND 

The  Commission  transmitted  its  proposal  to  the  European  Parliament  and  the  Council 
(document COM(2008) 644 – 2008/0198 (COD)) on 17 October 2008. 

The European Parliament adopted its position at first reading on 22 April 2009. 

The Economic and Social Committee delivered its opinion on 1 October 2009. 

Council  reached  political  agreement  on  15  December  2009  and  adopted  its  position  at  first 
reading by qualified majority on 1st March 2010. 

The EP adopted its position at second reading on 7 July 2010. 

3. 

OBJECTIVE  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

The objective of the Commission on the amendments by the European Parliament is to accept 
the compromise package as it is in line with the overall purpose and the general characteristics 
of the Commission proposal. 

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4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

At its Plenary Session of 7 July 2010, the European Parliament adopted a compromise 
package  which  had  been  agreed  with  the  Council  in  view  of  reaching  a  second  reading 
agreement. 

These amendments concern essentially: 

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The imposition of a prohibition on placing on the EU market of illegally harvested 
timber and timber products, 

The  imposition  of  an  obligation  on  internal  traders  to  keep  records  of  from  whom 
and to whom they sell timber and timber products on a commercial basis, 

Recognition  and  withdrawal  of  recognition  of  monitoring  organizations  to  be  done 
centrally by the Commission, 

Extension of the date of application of the Regulation to 27 months, 

Amendment of the scope of applicable legislation through insertion of a reference to 
forest  management  and  biodiversity  conservation  legislation  directly  related  to 
timber harvesting, 

Expansion of the risk assessment criteria by adding UN Security Council or Council 
of  the  European  Union  sanctions  on  timber  imports  or  exports  and  prevalence  of 
armed conflict, 

Authorization  of  the  competent  authorities  to  carry  out  check  on  operators  and 
monitoring  organizations  when  in  a  possession  of  relevant  information,  including 
substantiated concerns from third parties. 

5. 

CONCLUSION 

Pursuant  to  Article  293(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union,  the 
Commission amends its proposal as set out above. 

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