Gibson strikes a chord for Europe

But on surrounding buildings shadowy figures keep watch and in neighbouring streets several cars and a couple of unmarked vans wait with their engines running. Inside are jump-suited police and a representative of the National Measurement Office (NMO). Then the call comes to go and the vehicles screech into the importer's yard. The officers pile out and start to take timber off the racks, while the managing director is informed by the official from NMO, which will police the new law, that his business is being prosecuted under the EU Timber Regulation (EUTR) for 'first placing' illegal timber on the EU market.

OK, that is perhaps a tad fanciful; the product of watching too many US cop shows and directly translating the experience of Gibson Guitars across the Atlantic. It was prosecuted under America's anti-illegal timber Lacey Act and its premises actually raided by armed FBI officers - something which still riles chief executive Henry Juszkiewicz, who said his company was treated like a drug dealer.

But while the above scenario may be the fruit of fevered journalistic imaginings, there is a growing feeling across Europe that the authorities will come down hard on breaches of the EUTR, which comes into force next March.

There's also a view that, while companies this side of the Atlantic may not be put through the trauma Gibson suffered for importing illegal Madagascan ebony, the company's experience may hold some lessons. Supporters of the guitar maker claimed it was targeted as a famous brand, whose prosecution would act as a major caution to other importers. There are concerns that big European names may similarly be first in the frame for prosecution under the EUTR.

It's forecast too that harder-line green NGOs will be pressing the authorities to use the full force of the new law.

Whether European traders will face the level of penalty for breaking it available under Lacey (Gibson has just finally settled the case by paying out US350,000, and abandoning a claim for $260,000 of seized timber). However, successful prosecutions are unlikely to result in a mere slap on the wrist.

But the good news among all the apocalyptic forecasts is that the structures and tools are slotting into place across the EU to help timber traders comply with the EUTR and avoid accidental breaches. Here in the UK, the Timber Trade Federation has successfully established its Responsible Purchasing Policy, a due diligence risk assessment system for companies to minimise the danger of illegal wood entering the supply chain.

Other national EU timber associations are taking similar steps, while the European Timber Trade Federation, of which the TTF is a member, is also developing a pan-European harmonised due diligence system.

The final lesson in Gibson Guitars' experience, say these bodies, is that EU timber companies which 'first place' timber on the market should get ready for the EUTR right now. The consequence if they don't may not be an armed dawn raid, but it won't be painless either.