Regulation (EU) No 995/2010 of the European Parliament and of the CouncilDangos y teitl llawn

Article 2 U.K. Definitions

For the purposes of this Regulation, the following definitions shall apply:

(a)

‘timber and timber products’ means the timber and timber products set out in the Annex, with the exception of timber products or components of such products manufactured from timber or timber products that have completed their lifecycle and would otherwise be disposed of as waste, as defined in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste(1),

(b)

‘placing on the market’ means the supply by any means, irrespective of the selling technique used, of timber or timber products for the first time on the [F1 market in the United Kingdom] for distribution or use in the course of a commercial activity, whether in return for payment or free of charge. It also includes the supply by means of distance communication as defined in [F2 regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000]. The supply on the [F1 market in the United Kingdom] of timber products derived from timber or timber products already placed on the [F1 market in the United Kingdom] shall not constitute ‘placing on the market’;

(c)

‘operator’ means any natural or legal person that places timber or timber products on the market;

(d)

‘trader’ means any natural or legal person who, in the course of a commercial activity, sells or buys on [F3 the market in the United Kingdom] timber or timber products already placed on [F4 that market];

(e)

‘country of harvest’ means the country or territory where the timber or the timber embedded in the timber products was harvested;

(f)

‘legally harvested’ means harvested in accordance with the applicable legislation in the country of harvest;

(g)

‘illegally harvested’ means harvested in contravention of the applicable legislation in the country of harvest;

(h)

‘applicable legislation’ means the legislation in force in the country of harvest covering the following matters:

• rights to harvest timber within legally gazetted boundaries,

• payments for harvest rights and timber including duties related to timber harvesting,

• timber harvesting, including environmental and forest legislation including forest management and biodiversity conservation, where directly related to timber harvesting,

• third parties’ legal rights concerning use and tenure that are affected by timber harvesting, and

• trade and customs, in so far as the forest sector is concerned;

(i)

[F5 “competent authority” means the Secretary of State.]

Textual Amendments

F1 Words in Art. 2(b) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(2)(a)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 2(b) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(2)(a)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 2(d) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(2)(b)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Art. 2(d) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(2)(b)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 2(i) inserted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(2)(c) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ L 312, 22.11.2008, p. 3.