OBLIGATIONS ASSOCIATED WITH THE ENTRY INTO FORCE OF THE RD 1088/2015
With the entry into force of the Royal Decree 1088/2015, of 4 of December, which ensures the legality of commercialization of wood and derived products, you have legal obligations already announced in the regulation (EU) 995/2010, European wood (EUTR).
The National Association of companies of timber protection (ANEPROMA), continuing with its efforts to support the associated, on April 27 he traveled to Toledo, on the occasion of the celebration of the first information day developed by a public administration in relation to the new obligations arising from the entry into force of the RD 1088/2015.
The day consisted of a workshop in which attended the Directorate General of forestry policy and natural spaces of the Junta of communities of Castilla – La Mancha, as competent regional body for the, the Directorate General of forest policy and Rural Development, the Ministry of agriculture, Food and environment, in its role as competent administration coordination of the different regional councils, the sectoral Association of importing companies of wood and/or products derived, AENOR, as independent certification authority and PEFC (Spanish Association for forest sustainability), as responsible for sustainability of forest products voluntary certification schemes. This workshop was convened every professional and company whose activity uses wood and/or products derived, finding, the same, as the obligations included in the RD 1088/2015 vary your intensity depending on whether they act as agents or merchants, in accordance with the sense that these two terms applies the EUTR and its derived legislation.
ANEPROMA He attended on behalf of all partners, regardless of the sector to which they belong (preventative or curative treatment), Since the implementation of the mandates of the RD 1088/2015 it applies to all economic agent that sometime make a purchase – sale of timber, very common fact in the subsector of preventive treatment, and something more testimonial, but also existing, in the subsector of curative treatment.
At this point, It is necessary to define and clarify the concepts that you are driving so far… What is an agent? What is a merchant? Can a company be agent and merchant at a time?
RD 1088/2015, as a legal text of field and national implementation, it transposes into the Spanish legal system mandates and requirements the Regl. (EU) 995/2010 (EUTR) and derived legislation, define al agente como "cualquier persona física o jurídica que comercializa POR PRIMERA VEZ en el mercado interior (Community, European Union) madera o productos de madera". Here you will find all those partners of ANEPROMA that make imports from non-EU countries or to obtain forest products directly in monte.
On the other hand, is defined to the merchant as "cualquier persona física o jurídica que en el transcurso de una actividad comercial vende o adquiere en el mercado interior madera o productos de la madera ya comercializados" (art. 6.1 and art. 6.3, respectively). Here you will find all those partners of ANEPROMA that it provide forest or already imported or already exploited by a third party material.
We can, as a result, find a noticeable difference: agent shall be any natural person / legal to import good wood and/or products derived from a non-EU country (for the first time puts this type of product on the Community market) either perform the logging of timber forest products at the heart of the EU countries. It is important to highlight that the company can act either as agent or dealer, as they are not mutually exclusive definitions; It depends on the type of commercial operation which has developed.
At the same time, the Regl (EU) 9995/2010 (EUTR) and, as a result, RD 1088/2015, requires officials holding, application, maintenance and improvement of a system of due diligence, It will consist in the execution of three successive stages (collection of information > risk assessment > risk mitigation), conducive and aimed at eliminating (or minimize) the risk of market wood's origin or illegal supply chain.
On the other hand, required for traceability in procurement operations traders – sale of wood and/or products derived; It is necessary to know who supplied these products and supply who such, After the necessary operations that requires the productive cycle of each company in particular. This is achieved, basically, control of purchase invoices – sale and, in certain special cases, with the generation of a file of control of these operations.
At the same time, has developed a system of responsible statements should be carried out by agents, developed by the different autonomous communities., coordinated by the Ministry, to report regularly to the management of all commercial operations that are put, for the first time, a product of wood (or derived) on the Community market. Castilla – The spot has been the first Government in implementing a telematics system for the presentation of these responsible for statements, which should inform, among other data of:
• Agent data
• Representative data
• The Declaration data (Depending on the type of agent)
• Type of forest product (denomination, CN code – tariff – quantity – TN -, origin, chain of custody certification)
The object of these responsible for statements is the transfer of information to management so that, Depending on the type of agent (depends on the type of common wood supplies and if you have implanted a system of chain of custody or not), the different future performances of inspection and control to plan, in order to ensure compliance with the legislation in force.
Has been planned this responsible Declaration to be delivered to each regional Department on an annual basis, prior to the thirty-one March of every year, except for the year 2016, in which the term, for your presentation, it expires on June 12.
In this sense, ANEPROMA It puts its technical team at the full disposal of partners, as usual, to provide support and service in relation to these legislative developments, informing all those who present interest in the material and offering the possibility to make responsible statements for those associates who have acted as agents for the annuity of 2015.
The same, ANEPROMA remember those considerable Associates as actors to the implementation of a system of chain of custody, but does not guarantee to the 100% compliance with the legislation, Yes it gives the company that implements it and maintains possession of a due diligence system (whereupon, complies with national legislation) and reduces the associated risk (cuantificable mediante el "tipo de agente" It assigns the management), so they will minimize or avoid inspections and actions of control by the competent authority. ANEPROMA It boasts qualified staff to help all that interested in the implementation partner, monitoring and audit of control systems of chains of custody and forest sustainable management.