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The Forest Law Enforcement, Governance and Trade Regulations 2012
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- UK Statutory Instruments
- 2012 No. 178
- Explanatory Note
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations, which apply in the United Kingdom, enforce Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (OJ No L 347, 30.12.2005, p.1) (“the FLEGT Regulation”), and Commission Regulation (EC) No 1024/2008 (OJ No L 277, 18.10.2008, p.23) which lays down detailed measures for the implementation of the FLEGT Regulation.
Regulations 2, 3, and 5 provide for designation of the competent authority and enforcing authorities.
Sections 50 and 170 of the Customs and Excise Management Act 1979 (c.2) prescribe offences for breach of importation restrictions, including in relation to timber products imported in breach of the restriction in the FLEGT Regulation. Enforcement powers for officers of Her Majesty’s Revenue and Customs and the UK Border Agency are contained in that Act, and accordingly are not provided for in these Regulations.
Where those offences are committed in connection with a breach of the restriction in the FLEGT Regulation, regulation 12 modifies the penalties prescribed by the Customs and Excise Management Act 1979 so that the maximum period of imprisonment is 3 years.
Regulations 6 and 7 confer enforcement powers on wildlife inspectors (persons authorised by the Secretary of State) and regulation 6 confers warrant powers on constables. Obstruction of a wildlife inspector is an offence (regulation 8), punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
Regulation 10 provides an information gateway for Her Majesty’s Revenue and Customs, and contains an offence for unlawful disclosure of information, also punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
Regulation 13 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that.
A full impact assessment of the effect that this instrument will have on the costs of business is available from www.ialibrary.bis.gov.uk and is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.
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