Words in Art. 6(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 8(2)(a) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Words in Art. 6(2)(a) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 8(2)(b)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Words in Art. 6(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), 8(2)(b)(ii)(aa) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Word in Art. 6(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), 8(2)(b)(ii)(bb) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Words in Art. 6(4) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 8(2)(c) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Words in Art. 6(5) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 8(2)(d) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Art. 7(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 8(3)(a) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Words in Art. 7(2) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 8(3)(b) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Words in Art. 7(3) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 8(3)(b) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Words in Signature omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 8(4) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

http://www.legislation.gov.uk/eur/2012/607/bodyCommission Implementing Regulation (EU) No 607/2012 of 6 July 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 (Text with EEA relevance)Commission Implementing Regulation (EU) No 607/2012Commission Implementing Regulation (EU) No 607/2012 of 6 July 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 (Text with EEA relevance)King's Printer of Acts of Parliamenthttps://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32012R0607texttext/xmlen2024-07-19Expert Participation2020-12-31

Article 1Subject matter

This Regulation lays down detailed rules concerning the due diligence system and the frequency and the nature of the checks on monitoring organisations.

Article 2Application of the due diligence system1.

Operators shall apply the due diligence system to each specific type of timber or timber product supplied by a particular supplier within a period not exceeding 12 months, provided that the tree species, the country or countries of harvest or, where applicable, the sub-national region(s) and concession(s) of harvest remain unchanged.

The first paragraph is without prejudice to operator’s obligation to maintain measures and procedures providing access to the information referred to in Article 6(1)(a) of Regulation (EU) No 995/2010 concerning each consignment of timber and timber products placed on the market by the operator.

Article 3Information concerning the operator’s supply1.

The information on operator’s supply of timber or timber products referred to in Article (6)(1)(a) of Regulation (EU) No 995/2010 shall be provided in accordance with paragraphs 2, 3 and 4.

The full scientific name of the tree species referred to in the first indent of Article 6(1)(a) of Regulation (EU) No 995/2010 shall be provided where ambiguity in the use of the common name exists.

Information on the sub-national region referred to in the second indent of Article 6(1)(a) of Regulation (EU) No 995/2010 shall be provided where the risk of illegal harvesting between sub-national regions varies.

Information on the concession of harvest referred to in the second indent of Article 6(1)(a) of Regulation (EU) No 995/2010 shall be provided where the risk of illegal harvesting between concessions of harvest in a country or sub-national region varies.

For the purposes of the first subparagraph, any arrangement conferring the right to harvest timber in a defined area shall be considered a concession of harvest.

Article 4Risk assessment and mitigation

Certification or other third-party verified schemes referred to in the first indent of the second paragraph of Article 6(1)(b) and in Article 6(1)(c) of Regulation (EU) No 995/2010 may be taken into account in the risk assessment and risk mitigation procedures where they meet the following criteria:

(a)

they have established and made available for third-party use a publicly available system of requirements, which system shall at the least include all relevant requirements of the applicable legislation;

(b)

they specify that appropriate checks, including field-visits, are made by a third party at regular intervals no longer than 12 months to verify that the applicable legislation is complied with;

(c)

they include means, verified by a third party, to trace timber harvested in accordance with applicable legislation, and timber products derived from such timber, at any point in the supply chain before such timber or timber products are placed on the market;

(d)

they include controls, verified by a third party, to ensure that timber or timber products of unknown origin, or timber or timber products which have not been harvested in accordance with applicable legislation, do not enter the supply chain.

Article 5Record keeping by operators1.

Information concerning the operator’s supply as provided for in Article 6(1)(a) of Regulation (EU) No 995/2010 and application of risk mitigation procedures shall be documented through adequate records, which shall be stored for five years and made available for checks by the competent authority.

In applying their due diligence system operators shall be able to demonstrate how the information gathered was checked against the risk criteria provided for in Article 6(1)(b) of Regulation (EU) No 995/2010, how a decision on risk mitigation measures was taken and how the operator determined the degree of risk.

Article 6Frequency and nature of checks on monitoring organisations1.

The competent authority 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.

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 the 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 a monitoring organisation has informed the competent authority that it has undergone subsequent changes as provided for in Article 9(1) 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 market

OJ L 115, 27.4.2012, p. 12.

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.

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

The competent authority 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.

Article 7Reports of the checks on monitoring organisations1.

The competent authority must draw up reports on individual checks that it has carried out, which must include a description of the process and techniques applied and its findings and conclusions.

The competent authority shall provide a monitoring organisation that has been subject to a check with the findings and conclusions of the draft report. The monitoring organisation may provide comments to the competent authority within the time limit specified by the competent authority.

The competent authority shall draw up reports referred to in Article 8(4) of Regulation (EU) No 995/2010 on the basis of the reports on individual checks.

Article 8Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

...

Done at Brussels, 6 July 2012.

For the Commission

The President

José Manuel Barroso