Скачать презентацию FLEGT — additional legal options NL Chatham House Скачать презентацию FLEGT — additional legal options NL Chatham House

8d6c72e8b6e2029cb0b0497bf7763ede.ppt

  • Количество слайдов: 7

FLEGT - additional legal options (NL) Chatham House Workshop, Brussels, 31 January 2006 FLEGT - additional legal options (NL) Chatham House Workshop, Brussels, 31 January 2006

ALOS study by NL Government Council Conclusions on FLEGT Action Plan of 13 October ALOS study by NL Government Council Conclusions on FLEGT Action Plan of 13 October 2003 (Par. 14) • ‘[The Council] urges Member States to provide the Commission with relevant information regarding national legislation which could be applied to address the illegal logging issue. ’ FLEGT - additional legal options (NL) 2

Possibilities for instituting criminal proceedings in The Netherlands • Timber being merely illegal according Possibilities for instituting criminal proceedings in The Netherlands • Timber being merely illegal according to the laws of country of origin is not by itself sufficient to institute criminal proceedings. “Illegal act” under Dutch law required • Apart from Flora and Fauna Act and the Economic Offences Act (CITES, 338/97), limited possibilities for the bringing of criminal proceedings, e. g. : theft, handling of illegally obtained goods, bribery and money laundering. • Article 5, Penal Code: crime committed abroad that is recognised as a crime not just in country in question but also in The Netherlands • Illegal felling within the meaning of the Forestry Act FLEGT - additional legal options (NL) 3

Practical difficulties in applying Dutch criminal law against ‘illegal’ timber • Evidence: virtually impossible Practical difficulties in applying Dutch criminal law against ‘illegal’ timber • Evidence: virtually impossible to uniquely identify and retrace timber to place of origin • Problems related to mutual legal assistance • Double jeopardy principle (Ne bis in idem) • Lack of priority among enforcement agencies (capacity, expertise) • Important to have proper administrative enforcement arrangements in place. FLEGT - additional legal options (NL) 4

Flanking measures in The Netherlands • • • Bilateral partnership agreements with producers and Flanking measures in The Netherlands • • • Bilateral partnership agreements with producers and countries (FLEGT licenses) Support for business initiatives through which the timber industry sets out to clean up its trade chains at business-to-business level (self-regulation) Placing of vulnerable tree varieties on the CITES lists thus bringing them within the scope of EC Regulation 338/97 and the Flora and Fauna Act. A public procurement policy that ensures that at least the Government, as a large consumer of wood, buy legal wood. Measures against timber from war zones FLEGT - additional legal options (NL) 5

EU import ban? • Caution: criminal law is not the panacea! • Unilateral action EU import ban? • Caution: criminal law is not the panacea! • Unilateral action by MS ineffective • However, some doubts as to WTO compatibility of EU wide import ban • Enforceability: vital to have proper tracking and tracing, verification and monitoring mechanism throughout supply chain • NGO initiative interesting • Draw on US Lacey Act experiences FLEGT - additional legal options (NL) 6

Way forward …. • EU measures have added value! • Encourage MS to explore Way forward …. • EU measures have added value! • Encourage MS to explore legal possibilities against illegal timber under national legislation and improve international co-operation • Expand scope CITES • Develop FLEGT mechanism and initiate flanking measures • Examine if EU wide import ban is WTO proof and what is needed to make it practically viable FLEGT - additional legal options (NL) 7