THE C-AIR TIMES|
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 ISSUE #124 - 7/16/10 | ||
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The European Parliament has approved legislation to prohibit placing1 illegally harvested timber or timber products on the EU market, require certain due diligence and risk mitigation, and impose penalties for non-compliance.
According to a European Commission FAQ, this legislation, coupled with the U.S. Lacey Act which has a similar purpose, will send an important signal worldwide and encourage more timber producing countries to establish systems to verify legal compliance. Expected to Take Effect in 2012, Pending Final Approval by European Council According to the European Parliament, the European Council has already informally agreed with the terms of this draft legislation but will need to “rubber stamp” it before it can pass into law. The rules are expected to take effect in late 2012. Would Affect Wood, Veneer, Paper, Frames, Furniture, Cases, Etc. “Timber and timber products" would include certain wood, veneered panels, particleboard, fiberboard, packing cases, frames, paper, furniture, and other products in Europe’s Combined Nomenclature (CN) codes,2 specifically headings 4401, 4403, 4406-4416, 4418 and others in Chapters 47, 48, and 94, with the exception of products that had completed their lifecycle and would otherwise be disposed of as waste. “First Placement on Market” Would Require Species, Compliance, & Other Info Operators3 placing timber and timber products for the first time on the internal market would have to use a “due diligence” framework of procedures and measures, to ensure that illegally harvested timber and timber products are not placed on the market. This due diligence system would have to provide access to information about the:
Risk Assessment and Mitigation Required Operators would also have to carry out a risk assessment, and where a risk is identified, mitigate it in a manner proportionate to the risk identified, with a view to preventing illegally harvested timber and timber products derived from such timber from being placed on the market. Could use existing systems. In order to avoid any undue administrative burden, operators already using systems or procedures which comply with the requirements of this regulation would not be required to set up new systems. Could rely on certification. In order to recognize good practice in the forestry sector, certification or other third-party verified schemes that include verification of compliance with applicable legislation may be used in the risk assessment procedure. Member States Could Seize Non-Compliant Products, Impose Penalties Member states would be required to regularly evaluate operators’ due diligence systems and risk assessment and mitigation procedures, and if shortcomings are detected, could: (i) issue a notice of remedial actions to be taken by the operator; (ii) seize the timber and timber products concerned; (iii) immediately suspend the authorization to trade; and (iv) impose penalties. (Note that under the legislation, internal traders in the supply chain would only be required to provide basic information on its supplier and its buyer to enable the traceability of timber and timber products.) 1"Placing on the market" would mean the supply by any means, irrespective of the selling technique used, of timber or timber products for the first time on the internal market for distribution or use in the course of a commercial activity, whether in return for payment or free of charge. It would also include the supply by means of distance communication. 2Timber and timber products as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87(1) to which this Regulation applies are:
3"Operator" means any natural or legal person that places timber or timber products on the market. (Parliament press release, dated 07/07/10, available here.)
Policy to create efficiency, reduce environmental impact
States on a schedule starting on the East Coast in October and ending on the West Coast in March of next year.
The carrier said Thursday it expects the new chassis supply management policy will generate greater operational efficiency and reduce the environmental impact. OOCL recently announced a similar chassis supply management policy in three U.S. cities. “By deleting idle time at terminals waiting for a chassis, by improving turn-around and transit time, this new system will allow not only to better meet the customers’ service expectations but also significantly reduce the carbon footprint of drayage operations, positively impacting the environment,” the French carrier said in its announcement. It said the new policy, which is in line with what has been in force for years in the rest of the world, will give truckers flexibility and allow them to use chassis for multiple moves at different terminals, for different lines and services, which will remove inefficiencies and improve supply chain processes. It also said the new policy will improve safety in terminals by removing surplus chassis, will reduce congestion and improve overall chassis conditions, “which will not have to suffer multiple connections/disconnections, generating damage to the equipment.” CMA CGM plans to implement its new chassis management on the following schedule, which it said is tentative: CMA CGM said it will schedule other locations not mentioned at a later date.
Proposed standard to address drop side and mattress support hazards WASHINGTON, D.C. - The U.S. Consumer Product Safety Commission (CPSC) voted (5 to 0) today to approve proposed new mandatory standards to address the hazards posed by full-size and non-full-size cribs. Serious safety hazards with cribs have ranged from drop-side hardware or other drop-side entrapment issues to failures of the mattress support and detachment or breakage of the crib slats. All of these defects can create hazardous gaps allowing a baby to become entrapped and suffocate or fall out of the crib. The Consumer Product Safety Improvement Act of 2008 (CPSIA) directs CPSC to issue mandatory safety standards for durable infant or toddler products. CPSC’s notice of proposed rulemaking ("NPR") for cribs includes:
Through close collaboration with ASTM International, consumer groups, industry and other juvenile product experts, improved consensus standards were approved June 1, 2010, that incorporated key safety requirements recommended by CPSC staff. The ASTM standards and the proposed CPSC standards contain design requirements that essentially prohibit traditional drop sides (up and down movement of an entire side of the crib). CPSC staff is working to finalize the proposed mandatory crib standards in 2010. CPSC Commissioner statements attached to this release: Chairman Inez M. Tenenbaum (pdf), Commissioner Nancy A. Nord (pdf), and Commissioner Anne M. Northup (pdf)
U.S. Customs and Border Protection has posted an updated and expanded version of its 10+2 frequently asked questions document on its 10+2 interim final rule that requires Security Filing information from importers and additional information from carriers for vessel (maritime) cargo before it is brought into the U.S. This July 9, 2010 version contains a number of modifications. CBP last updated the FAQ on January 28, 2010. Excerpts of the FAQ include the following (see future issue for a detailed summary): Limited ACE portal for filing ISFs. CBP states it has begun development of an internet-based web portal to accept ISF filings. Use of the portal by the public will be very limited in scope. For qualified users, access will be limited to no more than two (2) ISF filings per day, with a maximum of twelve (12) per year. The ISF Portal will be available no earlier than August 2010. ISF report and data warehouse. At this time CBP will not make available report cards through ACE; however, CBP has developed a reporting mechanism that is provided directly to registered ISF filers. CBP is also in the process of developing a data warehouse that will allow importers the ability to create and extract reports from CBP; this will include the capability to obtain transactional data. CBP will make every effort to deploy this capability to Tier 3 and Tier 2 C-TPAT importers sometime in the Fall of 2010.
 Office clerical workers, terminal operators making ‘some progress’ Negotiations between office clerical workers and terminal operators in Los Angeles-Long Beach are scheduled to resume on Wednesday morning as both parties intend to spend Tuesday caucusing internally. The Office Clerical Unit of International Longshore and Warehouse Union Local 63 on Monday removed its pickets. The pickets remained down on Tuesday and cargo handling at the port complex proceeded normally. OCU President John Fageaux said negotiations Monday produced "some progress" on minor issues, although the core issues were not addressed. Stephen Berry, the attorney representing 14 shipping lines and terminal operators, said negotiators are closing out smaller contract points, such as when vacation days are to be used, but those issues will soon be exhausted and negotiators will have no choice but to address the core issues. Both sides have drawn a line in the sand on the use of technology. Employers want to maintain the use of computer portals to allow cargo interests and third parties to file cargo bookings directly into the systems of shipping lines and terminal operators without clerical intervention. Fageaux charged that employers are abusing the process, opening the portals so wide that they are in effect outsourcing work that has traditionally been performed by OCU members. Berry responded that the contract provides a grievance framework under which alleged abuses are to be addressed. Also, employers continue to guarantee there will be no transfer of work and no lay-offs. "That's the answer to their concerns," he said. A second core issue is the demand of employers for flexibility in assigning manpower. The contract mandates that when an office worker does not report to duty due to illness or vacation, the union will assign a replacement worker from the hiring hall. Employers charge that replacement workers are not always needed, such as when work is slow, so they should not be required to hire replacements in those cases. Fageaux responded that the contract allows employers to seek relief in such instances, and the union has agreed on numerous occasions to allow positions to remain unfilled. There has been little bargaining so far on wages and benefits. The two sides are far apart on this issue, but Fageaux said the union does not consider it to be a major issue in this year's negotiations. The average OCU member last year earned $96,900, with benefits adding another $66,000 to that total, employers said. Jamaica, N.Y. –A citizen of Ghana has been charged with attempting Saturday to smuggle more than 22 pounds of heroin into John F. Kennedy International Airport from Abidjan, Ivory Coast via Casablanca, Morocco. On July 10, Charles Kankam arrived from Casablanca, Morocco on Royal Air Morocco flight 200. He intended to visit an address in Piscataway, NJ. While conducting a random exam of the flight, one of CBP’s canines alerted to Kankam’s luggage. During an interview, Kankam was hesitant with his answers and provided inconsistent explanations. Upon examining his luggage, CBP officers noticed a strong odor, subsequently discovering a false bottom. The second bag also contained a false bottom. When searched, both bags revealed a powdery substance which tested positive for heroin. Kankam was placed under arrest. A total of more than 10 kilograms of heroin with a street value of over $700,000 was seized. “The men and women of the CBP remain professional and diligent while conducting critical enforcement exams, keeping our nation safe and free of illicit contraband,” said Robert E. Perez, CBP’s New York field office director. “This seizure is an example of their dedication and vigilance.” Kankam has been referred for possible federal prosecution.
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