EU forest policy takeover by way of environmental regulation

20.7.2021

Question for written answer  E-003666/2021
to the Commission
Rule 138
Charlie Weimers (ECR), Jessica Stegrud (ECR)

Despite a lack of provisions in the EU treaties for a common forest policy[1], the EU has gradually expanded its powers in this policy area since a 1999 Court of Justice of the European Union ruling recognised EU competence on environmental action in forests[2].

Previously, the EU sought to harmonise national forest policies by means of informational guidance, but has recently sought to expand its regulatory power by invoking environmental arguments as a justification for legislation in this policy area.

Commissioner Timmermans even claimed that ‘the EU has a range of competences that may relate to forests such as climate, environment, rural development’ and that ‘within these areas of shared EU competences, forests and forestry certainly do not fall exclusively within the competency of Member States’[3][4].

Considering that legal guidance by way of regulatory measures such as regulations and directives is not possible in forest policy without a specific legal basis in the treaties, can the Commission:

• 1.clarify whether the remarks by Commissioner Timmermans are his personal views or those of the Commission;
• 2.confirm that forest policy is and will remain an exclusive national competence;
• 3.explain how it will ensure that EU environmental policies respect the principle of subsidiarity and do not encroach on Member States’ competences?

• [1] The main reason why there is no common forest policy is that forestry and the forest products industry are organised so differently in the various Member States. Many of them have opted not to make the forestry sector as heavily regulated and subsidised as agriculture.
• [2] The EU has used the 1999 Court of Justice of the European Union ruling to maximise its regulatory power over forests via the backdoor. Examples include the Habitats Directive, the Timber Regulation, the Regulation on Land Use and Land Use Change and Forestry, and the Renewable Energy Directive.
• [3] Letter from Vice‑President of the Commission Frans Timmermann to Hubert de Schorlemer, President of the Confederation of European Forest Owners: https://luminaconsult.eu/2020/09/29/forest-vs-forestry-a-big-difference-for-policy-competence-within-the-eu-and-why-mixing-up-the-term-forest-and-forestry-is-completely-wrong/
• [4] A similar argument is made in the Q&A accompanying the recently released EU Forest Strategy for 2030: https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_3548