Article 6Frequency and nature of checks on monitoring organisations

1.

The competent authorities shall ensure that the checks at regular intervals referred to in Article 8(4) of Regulation (EU) No 995/2010 are carried out at least once every two years.

2.

Checks referred to in Article 8(4) of Regulation (EU) No 995/2010 shall be carried out in particular in any of the following cases:

(a)

where a competent authority has, while carrying out checks on operators, detected shortcomings in the effectiveness or implementation by operators of the due diligence system established by a monitoring organisation;

(b)

where the Commission has informed the competent authorities that a monitoring organisation has undergone subsequent changes as provided for in Article 9(2) of Commission Delegated Regulation (EU) No 363/2012 of 23 February 2012 on the procedural rules for the recognition and withdrawal of recognition of 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 market4.

3.

Checks shall be carried out without prior warning, except where prior notification of the monitoring organisation is necessary in order to ensure the effectiveness of the checks.

4.

The competent authorities shall carry out checks in accordance with documented procedures.

5.

Competent authorities shall carry out checks to ensure compliance with Regulation (EU) No 995/2010 that shall include, in particular and as appropriate, the following activities:

(a)

spot checks, including field audits;

(b)

examination of documentation and records of monitoring organisations;

(c)

interviews with the management and staff of the monitoring organisation;

(d)

interviews with operators and traders or any other relevant person;

(e)

examination of documentation and records of operators;

(f)

examination of samples of the supply of operators using the due diligence system of the monitoring organisation concerned.