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

Article 8 U.K. Monitoring organisations

1. A monitoring organisation shall:

(a) maintain and regularly evaluate a due diligence system as set out in Article 6 and grant operators the right to use it;

(b) verify the proper use of its due diligence system by such operators;

(c) take appropriate action in the event of failure by an operator to properly use its due diligence system, including notification of [F1 the competent authority] in the event of significant or repeated failure by the operator.

2. An organisation may apply for recognition as a monitoring organisation if it complies with the following requirements:

(a) it has legal personality and is legally established within the [F2 United Kingdom];

(b) it has appropriate expertise and the capacity to exercise the functions referred to in paragraph 1; and

(c) it ensures the absence of any conflict of interest in carrying out its functions.

[F3 3. The competent authority must recognise as a monitoring organisation—

(a) an applicant that fulfils the requirements set out in paragraph 2; and

(b) any organisation that—

(i) immediately before IP completion day was recognised as a monitoring organisation by the Commission; and

(ii) fulfils the requirements set out in paragraph 2.

Where point (b) applies, the competent authority is not required to notify the organisation or provide a certificate pursuant to Article 4 of Commission Delegated Regulation (EU) No. 363/2012 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.]

[F4 4. The competent authority must carry out checks at regular intervals to verify that monitoring organisations continue to fulfil the functions laid down in paragraph 1 and comply with the requirements laid down in paragraph 2. Checks may also be carried out when the competent authority is in possession of relevant information, including substantiated concerns from third parties or when it has detected shortcomings in the implementation by operators of the due diligence system established by a monitoring organisation. A report of the checks must be made available in accordance with the Environmental Information Regulations 2004 .]

F5 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 6. The competent authority must withdraw recognition of a monitoring organisation if it determines that the monitoring organisation no longer fulfils the functions laid down in paragraph 1 or the requirements laid down in paragraph 2.]

[F7 7. Commission Delegated Regulation (EU) No. 363/2012 supplements the procedural rules with regard to the recognition and withdrawal of recognition of monitoring organisations.]

8. Detailed rules concerning the frequency and the nature of the checks referred to in paragraph 4, necessary to ensure the effective oversight of monitoring organisations [F8 are set out in Commission Implementing Regulation (EU) No. 607/2012].

Textual Amendments

F1 Words in Art. 8(1)(c) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(7)(a) (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. 8(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), 6(7)(b) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Art. 8(3) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(7)(c) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b), 2(5)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 8(4) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(7)(d) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Art. 8(5) 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), 6(7)(e) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Art. 8(6) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(7)(f) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Art. 8(7) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(7)(g) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F8 Words in Art. 8(8) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(7)(h) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)