The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018

Type Statutory-Instrument
Publication 2018-09-21
Last updated 2020-12-31
State In force
Department King's Printer of Acts of Parliament
PDF Download
articles Not indexed
Reform history JSON API

Made: 21st September 2018

Laid before Parliament: 25th September 2018

Coming into force in accordance with regulation 1

The Secretary of State makes these Regulations in exercise of the powers conferred by section 8(1) of the European Union (Withdrawal) Act 2018 .

The requirements of paragraph 3(2) of Schedule 7 to that Act (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

PART 1

Citation and commencement

1

PART 2 — Amendment of subordinate legislation

Amendment of the Forest Law Enforcement, Governance and Trade Regulations 2012

2

(3) (1) At a place where goods are subject to the control of an HMRC officer, the European Regulations are to be enforced by a general customs official. (2) In paragraph (1), the reference to goods being subject to the control of an HMRC officer includes control being exercised— (a) requiring the goods to be handled, or otherwise dealt with, in accordance with instructions given by an HMRC officer (whether given orally or in any other way); or (b) requiring the goods to be kept in any place specified by an HMRC officer. (3) In this regulation, “HMRC officer” means an officer of Revenue and Customs.

Amendment of the Timber and Timber Products (Placing on the Market) Regulations 2013

3

PART 3 — Amendment of retained direct EU legislation

Amendment of Council Regulation (EC) No. 2173/2005

4

(8) “competent authority” means the Secretary of State;

(15) “goods of a non-commercial nature” means goods whose entry into Great Britain is on an occasional basis and whose nature and quantity indicate that they are intended for the private, personal or family use of the consignees or persons carrying them, or which are clearly intended as gifts; (16) “customs authorities” means the Commissioners for Her Majesty's Revenue and Customs.

(2) The first report under this Article must be published on or before 30 April 2022.

Amendment of Commission Regulation (EC) No. 1024/2008

5

The competent authority or the customs authorities may require that a FLEGT licence be made available in English.

(1) The licence, in respect of a shipment which is declared for release for free circulation in Great Britain , must be lodged with the competent authority. (2) The competent authority must notify the customs authorities as soon as a licence has been accepted.

(2) Timber products must only be released for free circulation where the notification mentioned in Article 6(2) has been made.

(2) The electronic systems referred to in paragraph 1 must provide for the exchange of data between— (a) the competent authority and the customs authorities; and (b) the competent authority and the customs authorities on the one hand and the licensing authority of any partner country on the other.

Amendment of Regulation (EU) No. 995/2010 of the European Parliament and of the Council

6

(i) “competent authority” means the Secretary of State.

(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.

(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.

(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 .

(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.

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

The competent authority must publish the list of the monitoring organisations and must make it available in such manner as the competent authority sees fit. The list must be regularly updated.

(1) The Secretary of State must from time to time— (a) carry out a review of the application of this Regulation; (b) set out the conclusions of the review in a report; and (c) publish the report. (2) The first report under paragraph 1 must be published on or before 31 March 2022 and subsequent reports must be published at intervals not exceeding two years. (3) In preparing a report under paragraph 1, the Secretary of State must have regard to the progress made in respect of the conclusion and operation of Partnership Agreements pursuant to Regulation (EC) No. 2173/2005 and their contribution to minimising the presence of illegally harvested timber and timber products derived from such timber on the market in the United Kingdom. (4) The Secretary of State must, on the basis of reporting on and experience with the application of this Regulation, review from time to time the functioning and effectiveness of this Regulation, including in preventing illegally harvested timber or timber products derived from such timber being placed on the market. The Secretary of State must, in particular, consider the administrative consequences for small and medium sized businesses, within the meaning given by section 7(1) of the Small Business, Enterprise and Employment Act 2015 and product coverage. (5) The first review under paragraph 4 must be published on or before 31 March 2025 and subsequent reviews must be published at intervals not exceeding 6 years.

Amendment of Commission Delegated Regulation (EU) No. 363/2012

7

(1) Any entity, public or private, being a company, corporation, firm, enterprise, institution or authority, legally established in the United Kingdom, may submit to the competent authority an application to be recognised as a monitoring organisation.

(1) Upon request by the competent authority, an applicant must submit any additional information or documents required by the competent authority within a specified time limit. (2) The applicant must grant the competent authority access to its premises to verify that all requirements provided in Article 8 of Regulation (EU) No. 995/2010 and in Articles 5 to 8 are fulfilled. The competent authority must inform the applicant of a visit in advance. The applicant must offer all assistance necessary to facilitate such visits.

Where the competent authority has adopted a recognition decision pursuant to Article 8(3) of Regulation (EU) No. 995/2010, it must notify the applicant concerned within 10 working days beginning with the day after the date of adoption of that decision. The competent authority must also provide the applicant with a certificate of recognition without delay.

An applicant must provide information about its registered office, central administration or principal place of business in the United Kingdom, as well as about all its agencies, branches or subsidiaries set up in the United Kingdom.

(1) The competent authority may review a decision recognising a monitoring organisation at any time. The competent authority must carry out such a review in any of the following situations: (a) the competent authority has determined that a monitoring organisation no longer fulfils the functions laid down in Article 8(1) of Regulation (EU) No. 995/2010 or no longer complies with the requirements laid down in Article 8(2) of Regulation (EU) No. 995/2010 as specified in Articles 5 to 8 of this Regulation; (b) the competent authority is in possession of relevant information, including substantiated concerns from third parties, that a monitoring organisation no longer complies with the requirements laid down in Article 8(1) and (2) of Regulation (EU) No. 995/2010 and in Articles 5 to 8 of this Regulation; (c) a monitoring organisation has informed the competent authority of changes referred to in Article 9(1)(a) of this Regulation. (2) An applicant must grant the competent authority access to its premises to verify that all requirements provided in Article 8 of Regulation (EU) No. 995/2010 and in Articles 5 to 8 of this Regulation are fulfilled. The applicant must offer all assistance necessary to facilitate such visits. (3) The competent authority must draft a report stating its findings. Supporting evidence must be annexed to the review report. The review report must include a recommendation as to whether the recognition of a monitoring organisation should be withdrawn. The competent authority must provide the monitoring organisation concerned with a summary of the findings and conclusions of the report. The organisation may provide comments to the competent authority within three weeks beginning with the day after the date of transmission of the summary.

This Regulation is without prejudice to any provision or rule concerning the processing of personal data under any enactment or rule of law.

Amendment of Commission Implementing Regulation (EU) No. 607/2012

8

(1) 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.

Signed

Thérèse Coffey — Parliamentary Under Secretary of State — 2018-09-21

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 2018 c. 16.

[^f00002]: Section 20(1) of the European Union (Withdrawal) Act 2018 defines “exit day”.

[^f00003]: S.I. 2012/178, to which there are amendments not relevant to these Regulations.

[^f00004]: S.I. 2013/233.

[^f00005]: S.I. 2000/2334, to which there are amendments not relevant to these Regulations.

[^f00006]: S.I. 2004/3391, amended by paragraphs 306 to 309 of Schedule 19 to the Data Protection Act 2018 (c. 12) and S.I. 2015/1897.

[^f00007]: 2015 c. 26.

Citation, commencement and extent

Editorial notes

[^c23400351]: 2018 c. 16.

[^c23400361]: Section 20(1) of the European Union (Withdrawal) Act 2018 defines “exit day”.

[^c23400371]: S.I. 2012/178, to which there are amendments not relevant to these Regulations.

[^c23400381]: S.I. 2013/233.

[^c23400391]: S.I. 2000/2334, to which there are amendments not relevant to these Regulations.

[^c23400401]: S.I. 2004/3391, amended by paragraphs 306 to 309 of Schedule 19 to the Data Protection Act 2018 (c. 12) and S.I. 2015/1897.

[^c23400411]: 2015 c. 26.

[^key-382fba60fa596bff50a5251a54cfbfb8]: Reg. 1 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-3743e5f0131a86935bf9ab1a5181bb57]: Reg. 2 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-3bc2bfc75ee7132aa4ab32ee81357cf5]: Reg. 3 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-99de7501e4f533598753d2bfd41e94a0]: Reg. 4 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-e2ad473786f7d9bdf931355e5cfbcbea]: Reg. 5 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-afa4607d933bc04d40dfd84656518f0b]: Reg. 6 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-9c298091b35a510345b052779f40efaa]: Reg. 7 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-58cba4470955bf1c76b014baf2dabe3f]: Reg. 8 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

[^key-72063b118ab89d1bb8b4866be8d255aa]: Reg. 1 heading substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(2)(a)

[^key-d8e50481b4e00dc16545bf00fbc5866f]: Reg. 1 renumbered as reg. 1(1) (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(2)(b)

[^key-3b680ed01e15af0a271d16c8a6e1a702]: Reg. 1(2) inserted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(2)(c)

[^key-230b4f0d5906f19e0427457adeb2d7bb]: Words in reg. 4(2)(a)(ii) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(3)(a)

[^key-6450f20b9c70d9cb8bef638dbdf2324b]: Reg. 4(3)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(3)(b)(i)

[^key-63586ca3f222d3ff9eeb10ae41688633]: Reg. 4(3)(f)(i) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(3)(b)(ii)

[^key-fc3e5a52385721c55c546f7d114e3079]: Words in reg. 4(3)(g) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(3)(b)(iii)

[^key-f2e86bb006cacfa50f207f48beeb8f10]: Reg. 4(3)(h) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(3)(b)(iv)

[^key-c3f6cc62455420cfe5b1260d5ba41267]: Words in reg. 4(3)(i) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(3)(b)(v)

[^key-e639aa222de636abd20e712a1dc25ed0]: Reg. 4(4)(a) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(3)(c)

[^key-6c6fa529f2f68f659730847ee25105d8]: Reg. 4(5)(a)(i) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(3)(d)

[^key-9e1d29bcfa467740e273ac94fa1de90d]: Reg. 4(7)(a) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(3)(e)(i)

[^key-cae88b103b87eabd8ef1d9d323dd4610]: Word in reg. 4(7)(b) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(3)(e)(ii)

[^key-6d014c886107576ff9c6423e8ce4991e]: Words in reg. 5(4) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(4)(a)

[^key-8101a11e938a707ca48d37b98335984e]: Words in reg. 5(6) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(4)(a)

[^key-6e7cde85d3a1207dcd4adc3146a12055]: Words in reg. 5(9) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(4)(a)

[^key-853daa59a45cf077dcfabbdfecbd674f]: Reg. 5(15)(b) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(4)(b)

[^key-a3ae31eec25ffd61e90e488982d8619c]: Words in reg. 6(5)(a) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(5)(a)

[^key-74094f23a5f1ca04ebe536043ed45d38]: Words in reg. 6(7)(c) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(5)(b)

[^key-55ee0e548a6d17c5fa2c8654b18d8053]: Word in reg. 6(14) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(5)(c)

[^key-8d31c369991720e02864ea5c22986a8d]: Words in reg. 7(7)(a)(iv) substituted (31.12.2020 immediately before IP completion day) by The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1315), regs. 1(2), 2(6)

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.