Unveiled in November, the proposed ‘Regulation to minimise EU-driven deforestation and forest degradation’ is expected to come into force in its final form in 2023/24. It covers six forest and ecosystem risk commodities (FERCS); palm oil, soya, cocoa, cattle, coffee and wood, plus products made from them.

For the EU timber trade it would supersede the EU Timber Regulation (EUTR). Under the new rules, importers of timber and wood products would have to demonstrate their imports were more than legal. They would have to undertake due diligence to show that they are specifically deforestation and forest degradation-free. That means they must not have been produced on land subject to illegal or legal deforestation or forest-degradation since December 31, 2020. The definition of the latter is forest land that has been subject to “harvesting operations which are not sustainable and cause a reduction or loss of biological or economic productivity”.

Under the proposed regulation, aspects of FLEGT Voluntary Partnership Agreements (VPAs) would also be assimilated into new Forest Partnerships between EU and supplier country. Moreover FLEGT Licences would no longer be a ‘green lane’ into the EU market. They would be considered proof of legality under the new rules, but importers would also have to undertake due diligence to show licensed goods are deforestation and forest degradation-free.

In the UK the new Environment Act is in ongoing consultation. As it stands, it will cover imports of cocoa, coffee, maize, palm oil, rubber and soya and products derived from these. It imposes an obligation on importers to undertake due diligence to ensure these were produced in compliance with local laws.

The act does not cover timber and wood products and the UK Department for Environment (Defra) told the FLEGT Independent Market Monitor (www.flegtimm. eu) there was no intention for it to do so in the future as “they are already covered by the UK Timber Regulation (UKTR) and FLEGT”.

Defra also confirmed its continuing support for FLEGT, UK FLEGT VPAs with supplier countries and FLEGT licensing.

“The UK government remains firmly committed to FLEGT and [associated] VPAs, which we see as crucial to tackling illegal logging and protecting forests internationally,” said a Defra spokesperson. “Our aim is to develop VPAs with major timber exporting countries. We have started this programme, prioritising countries already issuing FLEGT licences [ie Indonesia]. We will follow countries’ progress as they develop their licensing capability, and look forward to working with them to strengthen forest governance worldwide.”

Some UK hardwood importers, however, wonder if the UK will be able maintain its current stance with the EU poised to introduce a regulation that, as one said, “may seem to be more demanding than UK laws on timber imports”.

“The UKTR is focused solely on timber legality and makes no specific reference to deforestation,” said another importer. “Also the UK government recognises FLEGT Licences as proof of legality and sustainability, but the EU will only accept them as evidence of legality. The UK has always been among the European leaders on timber legality and sustainability, but it could look as though it is applying less stringent rules than the EU. Might it then feel the need to respond accordingly and adopt similar measures?”

However an importer-distributor thought a key consideration regarding the impact and influence of the proposed EU regulation would be how effectively and uniformly it was enforced.

“The EUTR has never been implemented equally stringently by all EU countries and there’s no reason to think the situation will be different with this proposed new regulation,” they said.

“I’d want the UK government to take this into account and think carefully before changing the UKTR or its support for UK FLEGT VPAs. The combination of these tools effectively blocks imports of illegal timber, while supporting supplier countries in forest and timber sector governance reform to ensure legality and sustainability.”

It was also pointed out that Indonesia has just “effectively increased the value of its FLEGT licensing” by developing the SVLK timber legality assurance system that underpins it through “greater regulatory emphasis on sustainability”, rebranding SVLK as the Forest Legality and Sustainability Assurance System.