Compliance before court

Enforcement officers at the National Measurement Office (NMO) are not rubbing their hands at the prospect of timber traders being banged to rights under the EU Timber Regulation (EUTR).

As the UK EUTR 'competent authority', responsible for policing and monitoring it, the NMO is expected to have wide-ranging powers to investigate companies suspected of trading in illegal timber, or not fulfilling their obligations under the legislation to undertake due diligence illegality risk assessment of suppliers. Its officers will be able to enter premises and seize suspect timber, as well, of course, as take those who break the law to court.

But enforcement project manager Michael Kearney says the objective is not primarily to ensure the aims of the EUTR to combat illegal timber are met by putting people in the dock.

"In line with our activities in other areas, such as policing hazardous substances and energy rating legislation, our aim is to ensure compliance through educating businesses about their obligations and helping amend their practices," he said. "Of course, if we come up against illegal timber, reckless non-compliance, and companies who won't mend their ways, we'll consider prosecution, but we won't always throw the book at people straight away."

The NMO, he added, has been developing "an education and awareness strategy" for the trade, and is dealing with numerous enquiries via an 'inbox' on its website.

It has also undertaken "intensive learning" about the sector and is recruiting more officers with timber qualifications and experience.

It has been addressing its EUTR policing strategy too and how best to devote resources.

"From risk profiling the industry, [we've identified] the top performers which are ahead of the game, a 'misguided middle' not fully up to speed with the regulation, and those who are unaware or dismissive of it," said Mr Kearney. "If we find a seam of non-compliance, that is obviously where to focus."

At the time of going to press, the statutory instrument for making the EUTR UK law was still out for consultation (see p5). As it currently stands, companies termed 'operators' which breach the Regulation face fines up to £5,000 and three months' imprisonment on summary conviction at Magistrates' Court, or two years and an unlimited fine on indictment at Crown Court. 'Traders', the companies that buy from 'operators', which fail to maintain adequate traceability records are expected to face fines up to £5,000 on summary conviction.

As far as possible though, the NMO is intent on keeping people out of court. "As well as policing, it's crucial we support the trade, and help companies to comply," said Mr Kearney.