In this Schedule “forest risk commodity” means a commodity specified in regulations made by the Secretary of State.

The regulations may specify only a commodity that has been produced from a plant, animal or other living organism.

The regulations may specify a commodity only if the Secretary of State considers that forest is being or may be converted to agricultural use for the purposes of producing the commodity.

“Forest” means an area of land of more than 0.5 hectares with a tree canopy cover of at least 10% (excluding trees planted for the purpose of producing timber or other commodities).

In sub-paragraph (4) the reference to land includes land that is wholly or partly submerged in water (whether temporarily or permanently).

The regulations may not specify timber or timber products, within the meaning of Regulation (EU) No. 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market.

Before making regulations under this paragraph the Secretary of State must consult such persons as the Secretary of State considers appropriate.

The requirement to consult in sub-paragraph (7) may be met by consultation carried out before this paragraph comes into force.