ROYAL DECREE 1088/2015, OF 4 OF DECEMBER, TO ENSURE THE LEGALITY OF THE MARKETING OF TIMBER AND TIMBER PRODUCTS
The illegal timber trade is, today, one of the biggest problems faced by developing countries, that this resource represents an important source of income. The same, This illegal trade generates wealth used in other types of illicit business of similar gravity. In a particular way, illegal timber exploitations favour processes of environmental degradation of important and valuable ecosystems that this precious resource is.
To combat illegal timber trade, the European Commission proposed in the year 2003 a Plan of action on the implementation of laws, Governance and forestry trade (FLEGT), which establishes the need to develop actions in different fields to combat illegal logging and associated trade. This mandate was materialized in the regulation (CE) 2173/2005, It establishes a system of FLEGT licensing scheme for imports of timber into the European Community, so all wood from a country with a volunteer partnership (AVA) It should be accompanied by a FLEGT licence issued by the country of origin. The legal system was completed with the publication of the regulation (CE) 1024/2008, that established more detailed rules for the implementation of the FLEGT licensing scheme.
Years later, awakened the FLEGT system would not be able to cover whole area of wood and derived products, as well as producing countries, so the regulation was developed (EU) 995/2010, European wood (EUTR), in which was established the set of obligations of the agents who sold wood and derived products. In this way, se conminó a los "agentes" a aplicar la diligencia debida para evitar la introducción en el mercado comunitario de madera aprovechada ilegalmente y al resto de los "comerciantes", to trace the origin of forest products, in order to increase the transparency of the sector.
At the national level, the law 21/2015, amending the law 43/2003, Montes, already incorporates, in the regime of offences and penalties, the illegalities committed in relation to the illegal timber trade, While it was pending, up to the publication and entry into force of the RD 1088/2015, establish the necessary provisions for the implementation of European regulations mentioned previously.
Chapter I – General provisions
Entering in field of application legal provisions contained in the RD 1088/2015, indicates that the object of the, According to the art. 1, es "… the establishment of the regulation necessary in the fight against the trade of wood illegally exploited, in accordance with the Regl. (CE) 2173/2005 (FLEGT) and Regl. (EU) 995/2010 (EUTR) through the designation of the competent authorities and the distribution of functions, the establishment of a FLEGT licensing scheme validation procedure, the minimum requirements for control of due diligence systems, the basic content of the National Plan for Control of the legality of the marketed wood and, Finally, la creación de un Sistema Estatal de Información del Comercio de Madera en España".
Chapter II – Designation of the competent authorities for the implementation of the FLEGT regulations and EUTR
Shown, in the art. 3, It will be the Directorate-General of Rural development and forestry policy (http://www.magrama.gob.es/es/desarrollo-rural/temas/politica-forestal/), dependent of the Ministry of agriculture, Food and environment (MAGRAMA, www.magrama.gob.es) la autoridad competente en materia FLEGT para las materias contenidas en los puntos "a" a "f" art. 3.1. The same, se nombra a este órgano administrativo autoridad competente en materia EUTR para las materias contenidas en los puntos "a" a "e" art. 3.2, together with the bodies formally nominated by each autonomous community. In this sense, We will have to pay attention to the autonomous legislation of each State region to know what the body finally appointed within the different departments encompassing the competence of forest management / environmental.
Chapter III – Implementation of the FLEGT regulation in Spain
As most relevant fact in this chapter is that any importer of wood products included in annexes II and III of the FLEGT regulation coming from a country with an AVA in force, You must submit the FLEGT licence to the D.G. Rural development and forestry policy through the one-stop Customs prior to the arrival of cargo, so that it can verify the validity, pursuant to the requirements of application.
Chapter IV – Application of regulation EUTR in Spain
As the transposition of Community law, includes the obligation to provide a due diligence system (SDD) all agent, I mean, any natural or legal person who marketed for the first time on the Community market wood and/or products derived. Maintenance and assessment of this SDD will be responsibility of the own agent or one of the supervisory agencies recognized by the European Commission.
For traders (any natural or legal person who, in the course of a commercial activity, sell or buy wood or wood products in the Community market), required obligations are set out in the required capacity to identify agents or traders who supplied wood and derived products throughout the supply chain, keeping the information five years.
Remember the non-application of provisions EUTR wood products covered by a FLEGT license or are of species listed in Annex A, B and C of the Regl. (CE) 338/1997 (CITES).
The art. 7 collect the obligation of all affection agent by the EUTR to submission to a regime of responsible Declaration, and must be presented a document according to the model described in annex I of the RD 1088/2015, prior to the 31 March of the current year, with data relating to the previous exercises. The presentation will take place before the regional competent authority appointed.
Will be the responsibility of the competent regional body checks on agents and traders established in the respective autonomous community, to ensure the fulfillment of the EUTR. In case of detection of shortcomings in the implementation of due diligence or in the control of traceability, agent of the authority may well proceed to the seizure of timber and derived products or temporary prohibition of wood and derived products.
Chapter V – State information system of trade of wood in Spain
With the entry into force of the RD 1088/2015, the creation of this system is, having the aim of coordinating all information about agents and traders who sold wood. The system shall be public and informative and will be constituted in a computerised data base.
Chapter VI. – National plan for control of the legality of marketed wood
The MAGRAMA, through the D.G. Rural development and forestry policy, It will prepare this Plan to reduce the risk of commercialization of wood and derived products illegal, Whereas criteria for categorizing the risk depending on the activity of the agent, the planning and execution of individual actions of inspection and control on-site, documentary control of oversight entities responsible for the management of due diligence systems (SDD), etc.
In the first additional provision, indicated that the deadline for the identification and allocation of the competent regional body for EUTR shall not exceed six months from the entry into force of the RD 1088/2015 (I mean, maximum, 5 may of 2016).
Finally, RD 1088/2015 collects, in its various annexes, the responsible Declaration to natural or legal persons acting as agents (Annex I), the classification of the agents according to their field of activity (Annex II) and the relationship of wood products to which the provisions of the regulation apply (EU) No. 995/2010 (Annex III).