Paper Legality Laws; Coming to a Continent near You

By | June 22, 2011

Over the past few years, discussions surrounding how legal paper sourcing decisions are made by print buyers have received less and less attention from the press. This doesn’t mean that the issue has melted away; it merely means normalization of the process has relegated it to the board room and to the senate committee. However that could change based on worldwide activities of a similar fashion. In other words, the race is on.

In a mere 22 months if you print on paper anywhere in the European Union (EU), there will no longer be a choice. Verified legal timber product sourcing, including pulp and paper, will become law.

Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 lays down the obligations of operators who place timber and timber products on the market – also known as the (Illegal) Timber Regulation counters the trade in illegally harvested timber and timber products through three key obligations:

1. It prohibits the placing on the EU market for the first time of illegally harvested timber and products derived from such timber;
2. It requires EU traders who place timber products on the EU market for the first time to exercise ‘due diligence’;
3. Keep records of their suppliers and customers.

The Regulation covers a broad range of timber products including solid wood products, flooring, plywood, pulp and paper. Interestingly though, not included among a few other products such as rattan and bamboo are recycled products and printed papers such as books, magazines and newspapers.

The EU has chosen their battles just as the US has with the now familiar US Lacey Act. By excluding printed matter (for now) but including pulp and paper, the EU’s Timber Regulation leapfrogs Lacey in that European printers will no longer be at will to purchase paper without regard for legal harvests, specifically aimed at imports as of March 2013.

The Parliament of the Commonwealth of Australia Illegal Logging Prohibition Bill 2011 is still in the consultation phase, but is written so vaguely that if passed in its present form, is sure to create a (common) wealth of issues. For now, we have to take a wait and see approach. Taking their Bill with a grain of Aussie salt, I wouldn’t expect to see it passed anytime soon.

As a side note in its “Comments from the Government of Canada on Australia’s Draft Illegal Logging Prohibition Bill 2011”, the Canadian government is not amused. On May 6, 2011 the Secretary of the Senate Standing Committees on Rural Affairs and Transport wrote; “In particular, Canada is concerned that the Bill may lead to a requirement (whether explicitly stated or implied) for Australian importers to conduct risk assessments (or the ‘timber industry certifiers’ to do so on their behalf) on any unprocessed or processed timber products imported into Australia. Such a requirement would be particularly onerous for complex processed products made of timber sourced from multiple suppliers…” (like paper merchants and printers).

Which brings us back to the Lacey Act and its implications in the paper and printing industry here in the US. For the time being it seems like no movement on implementation pertaining to US-based paper mills and printers is imminent. That said, with all of the activity on other continents, one has to wonder.

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