Sweden prosecutes Myanmar teak trader
Precedent set for nine further cases & the super yacht sector
LONDON: Swedish enforcement officials have successfully prosecuted a trader of Myanmar teak, Almtra Nordic, under the EU Timber Regulation (EUTR) which bans placing illegal or high risk wood on the EU market.
The case sets a clear legal precedent just weeks after the London-based Environmental Investigation Agency (EIA) formally reported nine teak traders for similar offences across five European countries. Campaigners are scrutinsing companies are exhibiting at the METSTRADE superyacht show in Amsterdam today, to make sure they are not planning to place teak on the EU market.
A Swedish Forest Agency (Skogsstyrelsen) investigation found Almtra Nordic could not demonstrate who harvested timber or where it was cut prior to purchase from its supplier, the state-operated Myanmar Timber Enterprise (MTE).
The company has received an injunction preventing it from placing Burmese teak on the EU market unless it can identify and mitigate the high risks of illegality involved – in accordance with EUTR due diligence requirements.
“The Swedish courts have agreed that documentation currently provided by MTE does not satisfy the requirements of the EUTR, setting a precedent which all EU member states should follow,” said EIA Forest Campaigner Peter Cooper.
An October 2016 EIA briefing, Overdue Diligence, outlined how mitigating risk on Burmese teak is impossible because the MTE has to date been unable or unwilling to provide the information required by the EUTR.
Responding in the media to one EIA case, Germany’s EUTR agency stated MTE’s documents alone do not satisfy due diligence requirements due to high corruption levels in Myanmar.
“The ruling means no Burmese teak can be legally placed on the EU market until the Myanmar Timber Enterprise addresses illegality and transparency within the supply chain,” said Cooper.
“EIA now expects to see EUTR rulings equivalent to that imposed in Sweden in all nine cases we have submitted. This is a key test of Europe’s resolve to enforce a piece of environmental legislation central to EU forests and climate policy.”
The yachting industry – particularly the super yacht industry – is a mainstay of Burmese teak consumption in Europe, with many owners and industry operators regarding Burmese teak decking as an essential material and luxury status symbol.
EIA believes it is possible that companies could sign contracts at the METSTRADE show involving Myanmar teak placed on the market in violation of EUTR Article VI on due diligence.
“The 2016 METSTRADE show is themed around sustainability, while deals involving illegitimate timber may be occurring inside the super yacht pavilion,” added Cooper. “The Swedish EUTR prosecution is an overdue wake-up call for the marine sector.”
EDITORS’ NOTES
1. The Environmental Investigation Agency (EIA) is a UK- and Washington DC-based Non-Governmental Organisation that investigates and campaigns against a wide range of environmental crimes, including illegal wildlife trade, illegal logging, hazardous waste and trade in climate- and ozone-altering chemicals.
2. The enforcement action against Almtra Nordic in Sweden was undertaken by Skogsstyrelsen, Sweden’s Forest Agency, under the EU Timber Regulation (REGULATION (EU) No 995/2010).
3. EIA’s briefing paper, Overdue Diligence, is available at: https://eia-international.org/wp-content/uploads/EIA-Overdue-Diligence-FINAL.pdf.
4. The METSTRADE Show is the world’s largest trade exhibition of equipment, materials and systems for the international marine leisure industry. It is organised by RAI Amsterdam in association with ICOMIA (International Council of Marine Industry Associations). The SuperYacht Pavilion is the only dedicated B2B event for the global superyacht industry. (Source: http://www.metstrade.com) The Global Superyacht Forum is also taking place from November 14-16 in the same venue at METSTRADE. (www.globalsuperyachtforum.com).
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