PUBLIC SECTOR PROCUREMENT
62. Government procurement policies can quickly develop
a large market for sustainable and legal timber. When we last
looked at this issue we commended the Government on the "significant
progress" it had made in improving timber procurement, although
we had some concerns about coverage and implementation of the
policy.[89] From 1 April
2009 the Government has required all timber and timber products
used on the Government estate to be from legal and sustainable
sources or licensed under the EU Forest Law Enforcement, Governance
and Trade initiative.[90]
It also has a key target, "strongly supported by Ministers",
to encourage more local authorities to adopt the policy.[91]
63. Chatham House told us that public sector procurement
policies aimed at excluding illegal and unsustainable timber products
were already proving valuable. Duncan Brack, from Chatham House,
thought that the establishment of a central body to oversee central
government timber procurement policy, the Central Point of Expertise
on Timber (CPET), was "proving successful".[92]
But progress in other areas was limited; he pointed out that local
authority action on this issue remains "limited and patchwork".[93]
A recent report found that six out of ten local authorities do
not have a timber procurement policy.[94]
Greenpeace UK thought that a lack of monitoring and enforcement
of government timber procurement rules meant that illegal timber
and unsustainable timber "almost certainly continues to find
its way onto Government construction sites".[95]
WWF was particularly critical of policy implementation:
There has been no tangible progress on sustainable
procurement of forest products by UK government departments as
a whole. [T]his is down to lack of practical action to address
the problem and inadequate resourcing to meet sustainable procurement
policy commitments. There is a gap between administrative and
political agendas, and apart from the CPET [
] mechanism,
which has struggled to deliver change or appropriate engagement;
no specific efforts have been made to bridge this gap. It is not
a government priority at an operational level and does not specifically
figure in local authority goals for action on sustainability.[96]
64. A review conducted by CPET in 2008 found that
implementation of policy was still "incomplete", and
that awareness of procurement policy amongst government personnel
was "relatively limited".[97]
It recommended that the Government consider the introduction of
a monitoring system, possibly with spot-checks, to improve compliance,
and that it should seek to encourage local authorities to adopt
a procurement policy.[98]
It also pointed out that "there are no implications for those
that fail to deliver the policy, even where lack of compliance
is identified [resulting] in very limited incentives for companies
to strive to adhere to the timber procurement policy".[99]
65. Following CPET's review, Defra "started
to pilot new monitoring and reporting systems to track timber
purchases within the department". It told us that its aim
is "to share successful approaches with Whitehall partners
in order to develop a new system for recording and reporting volumes
of timber purchased throughout central government over the next
year".[100] It
stressed that it:
[
] is determined to continue improving its
performance on purchasing sustainably produced forest products,
moving to fully sustainable sources and encouraging others to
do the same. The information we have indicates that implementation
remains patchy. Some departments and agencies are ahead of others
but it is clear that there has been a significant move over the
last 12-18 months and growing commitment to ensure full implementation.
The achievements made will be used to inform and develop sustainable
procurement practice more generally, including the recently established
Centre of Excellence for Sustainable Procurement (CESP).[101]
66. The
Government has a policy framework to ensure the procurement of
legal and sustainable timber by central government but it has
been poorly enforced. We welcome Defra's development of a timber
monitoring and tracking system to address this problem; an effective
system is needed across Whitehall at the earliest opportunity.
The Government should consider introducing penalties to motivate
departments and companies to implement policy. The Government
must also insist that local authorities and the wider public sector
adopt timber procurement policies.
BEYOND THE PUBLIC SECTOR
67. Chatham House said the "vast bulk of timber
illegally harvested [
] is also traded and consumed outside
the remit of the new public procurement policies, supply chain
controls of governments, and companies in sensitive western markets[,]
reducing their potential impact".[102]
Additional measures are therefore required to address imports
of illegal timber more widely. The European Commission has recognised
this in its proposals for a system of due diligence:
This proposed regulation asks operators to take concrete
steps to minimise the risk of putting illegally harvested timber
and timber products on the EU market. Operators will use the due
diligence system, thus enabling them to ascertain the legality
of the products [
] The proposed regulation will make it
an obligation for traders to identify the country of origin of
their timber, and ensure that timber they sell has been harvested
according to the relevant laws of that country.[103]
68. Duncan Brack, from Chatham House, thought that
the European Commission's due diligence proposal would help to
reduce illegal timber imports, but only if improvements were made
to the draft regulation; it would fail in its current form. He
pointed out that the rules would only apply at the port of entry
into the EU; once a timber shipment had been granted legal status
by a Member State, there would be no further checks applied to
the goods. He argued that if a Member State fails to introduce
effective customs controls, it could become a channel for illegal
timber to enter into the EU.[104]
The Environmental Investigation Agency pointed out that the Commission's
proposal focuses on "operator behaviour", "rather
than the actual problem [of] illegal timber", and that the
proposal "does not prohibit illegal timber, meaning illegal
timber will remain legal in the EU market if the regulation is
passed without amendment".[105]
It also thought that there could be large variations between countries
in the way the proposals could be applied, increasing the risk
of illegal imports continuing.[106]
Friends of the Earth welcomed the due diligence proposal but thought
that clear sanctions needed to be applied:
The proposal should [
] be amended to explicitly
make trading in illegal timber and timber products or the placing
of these on the market a punishable offence. It should specify
the different levels of offence (e.g. trading or marketing of
illegal timber products, failure to put in place a due diligence
system, insufficient implementation or weak due diligence systems)
and spell out strong deterrent sanctions.[107]
69. The European Parliament's Committee on Environment,
Public Health and Food Safety has made recommendations to strengthen
the proposal "including the introduction of a requirement
that operators place or make available on the market only legally
harvested timber or timber products, at all points in Community
market supply chains: in effect a prohibition on selling illegal
products".[108]
The amendments also proposed increasing regulatory oversight by
the Commission. On these proposals Defra commented:
[
] we are currently minded to seek the inclusion
of a prohibition on placing illegally harvested timber on the
Community market. We believe that making it an offence to place
illegally harvested timber on the Community market could strengthen
the Regulation, and send a clear message to operators that such
activity was no longer acceptable, creating a level playing field
for importers across the EU. It would also enable enforcement
authorities to take action where evidence of the trade in illegal
timber had been brought to their attention. However, the UK believes
that such a prohibition should apply only to operators who first
place timber or timber products on the Community market, and that
the onus on proving such an offence should remain with the authorities.[109]
70. We
support the Government's desire to strengthen the current EU proposals
on control of the illegal timber trade. The Government must work
with the EU to make it an offence to place illegal timber and
timber products onto the market and to introduce robust sanctions
to enforce these rules.
64 Joint Nature Conservation Committee, The biodiversity
footprint of UK Foreign Direct Investment, Spring 2009 Back
65
"Global Food and Farming Futures", Foresight,
May 2009, www.foresight.gov.uk Back
66
European Commission Communication, Addressing the challenges
of deforestation and forest degradation to tackle climate change
and biodiversity loss, 17 October 2008 Back
67
The Eliasch Review, Climate change: Financing Global Forests,
October 2008, p 54 Back
68
McKinsey & Company, Pathways to a Low-Carbon Economy,
p121 Back
69
Renewable Fuels Agency, The Gallagher Review of the indirect
effects of biofuels production, July 2008, p 37 Back
70
"'Green revolution' can ensure enough food for entire world-UN
environment agency", United Nations Environment Programme,
17 February 2009, www.un.org Back
71
"Food Security: DEFRA Discussions", DEFRA, May 2009,
www.defra.gov.uk Back
72
High-Level Task Force on the Global Food security Crisis, Comprehensive
Framework for Action, July 2008 Back
73
"G8 Leaders Statement on Global Food Security", Global
Donor Platform for Rural Development, 8 July 2008, www.donorplatform.org Back
74
Ibid Back
75
HC Deb, 12 February 2009, col 2305W Back
76
Environmental Audit Committee, Eleventh Report of Session 2005-06,
Outflanked: The World Trade Organisation, International Trade
and Sustainable Development, HC 1455 Back
77
Environmental Audit Committee, First Report of Session 2007-08,
Are biofuels sustainable?, HC 76-I, p 11 Back
78
"RFA reports progress on biofuel sustainability, but poor
performers drag RTFO below target", Renewable Fuels Agency,
15 January 2009, www.renewablefuelsagency.org Back
79
Q 244 Back
80
Q 246 Back
81
Q 67 & Q 68 Back
82
"Renewables Obligation", OFGEM, May 2009, www.ofgem.gov.uk Back
83
Department of Energy and Climate Change, Reform of the Renewables
Obligation: Government Response to the Statutory Consultation
on the Renewables Obligation Order 2009, December 2008 Back
84
Environmental Audit Committee, Second Report of Session 2005-06,
Sustainable Timber, HC 607-I Back
85
Ev 60 Back
86
Ev 64 Back
87
Ev 99 Back
88
Ev 67 Back
89
Environmental Audit Committee, Second Report of Session 2005-06,
Sustainable Timber, HC 607-I Back
90
HM Government, Strategy for Sustainable Construction,
June 2008 Back
91
"The UK Government's Timber Procurement Policy", Central
Point for Expertise on Timber, March 2008, www.proforest.net Back
92
Ev 59 Back
93
Ev 60 Back
94
Ev 90 Back
95
Ev 12 Back
96
Ev 104 Back
97
"Government failing to meet its own timber rules",
ENDSReport, June 2008, p 7 Back
98
Central Point of Expertise on Timber, Construction Sector
Project: Policy implementation and reporting, June 2008 Back
99
Ibid Back
100
Ev 103 Back
101
Ev 104 Back
102
Ev 67 Back
103
"Forest and FLEGT", European Commission, October
2008, http://ec.europa.eu Back
104
Ev 72 Back
105
Ev 117 Back
106
Ibid Back
107
Ev 21 Back
108
DEFRA, Public Consultation on the European Commission's Proposal
for a Due Diligence Regulation, 1 April 2009 Back
109
Ibid Back