CITES and FLEGT
Application of penalty regimes for breaches of the CITES and FLEGT Regulations in selected Member States
This project aimed to provide information on the standing rights and penalty regimes in selected Member States regarding breaches of the CITES and FLEGT Regulations.
These Regulations were selected because of their points in common with the Timber Regulation such as their scope linked to biodiversity and international trade with elements of extra-territorial implementation and enforcement. The project also provided an analysis of the competence and capacity of Member States to carry out enforcement actions of EU law beyond the EU territory.
The objective was to provide a comparative study of national enforcement regimes that could be used as a model under the EU Timber Regulation 995/2010.
Milieu was requested to carry out the following three tasks:
1. Rights of standing for NGOs in selected Member States: Information was gathered from the seven countries covered by the study to provide an understanding of the extent of the opportunities in these Member States for NGOs to seek to play an active role in the enforcement of law;
2. Application of penalty regimes for breaches of the CITES and FLEGT Regulations: The research identifies the penalty regimes and enforcement approach for breaches of the CITES and FLEGT regulations in place in the seven selected Member States: Finland, France, Germany, Italy, the Netherlands, Romania and the UK.
3. Extra-territorial jurisdiction/reach of selected Member States when checking compliance with, and enforcing EU environmental and trade law: this task aimed at assessing the enforcement regime in place in the seven Member States for two EU environmental Regulations with an extra-territorial component (Regulation EC No 1013/2006 on Waste Shipment and Regulation EC No 1005/2009 on ODS).
The Study aimed to provide the NGO client with the necessary evidence and arguments to design its policy positions and strategy for promoting the implementation and enforcement of the EU Timber Regulation 995/2010.