Regulation (EU) No 995/2010 of the European Parliament and of the CouncilShow full title

Article 6 U.K. Due diligence systems

1. The due diligence system referred to in Article 4(2) shall contain the following elements:

(a) measures and procedures providing access to the following information concerning the operator’s supply of timber or timber products placed on the market:

• (a) description, including the trade name and type of product as well as the common name of tree species and, where applicable, its full scientific name,

• country of harvest, and where applicable:

  (i)

  sub-national region where the timber was harvested; and

  (ii)

  concession of harvest,

• quantity (expressed in volume, weight or number of units),

• name and address of the supplier to the operator,

• name and address of the trader to whom the timber and timber products have been supplied,

• documents or other information indicating compliance of those timber and timber products with the applicable legislation;

(b) risk assessment procedures enabling the operator to analyse and evaluate the risk of illegally harvested timber or timber products derived from such timber being placed on the market.

Such procedures shall take into account the information set out in point (a) as well as relevant risk assessment criteria, including [F1 the following criteria (referred to in this Article as the “specified criteria”)]:

• (b) assurance of compliance with applicable legislation, which may include certification or other third-party-verified schemes which cover compliance with applicable legislation,

• prevalence of illegal harvesting of specific tree species,

• prevalence of illegal harvesting or practices in the country of harvest and/or sub-national region where the timber was harvested, including consideration of the prevalence of armed conflict,

• sanctions imposed [F2 by the United Kingdom or by the UN Security Council] on timber imports or exports,

• complexity of the supply chain of timber and timber products.

(c) except where the risk identified in course of the risk assessment procedures referred to in point (b) is negligible, risk mitigation procedures which consist of a set of measures and procedures that are adequate and proportionate to minimise effectively that risk and which may include requiring additional information or documents and/or requiring third party verification.

[F3 2. Detailed rules, except as regards further relevant risk assessment criteria referred to in the second sentence of paragraph 1(b) of this Article, are set out in Commission Implementing Regulation (EU) No. 607/2012 on the detailed rules concerning the due diligence system and the frequency and nature of the checks on monitoring organisations as provided for in Regulation (EU) No. 995/2010 of the European Parliament and of the council laying down the obligations of operators who place timber and timber products on the market.]

[F4 3. The Secretary of State may, by regulations, amend the list of specified criteria in this Article to add further risk assessment criteria that the Secretary of State considers necessary for the purposes of ensuring the effectiveness of the due diligence system.]

[F5 4. Before exercising the power in paragraph 3 to make regulations, the Secretary of State must take into account:

(a) market developments; and

(b) experience gained in the operation of this Regulation.]

Textual Amendments

F1 Words in Art. 6(1)(b) inserted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 6(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 6(1)(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(5)(a) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b), 2(5)(a)); 2020 c. 1, Sch. 5 para. 1(1)

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

F4 Art. 6(3) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 6(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 6(4) inserted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 6(3)(c); 2020 c. 1, Sch. 5 para. 1(1)