
Article 1 
This Regulation lays down the obligations of operators who place timber and timber products on the  UK  market for the first time, as well as the obligations of traders.
Article 2 
For the purposes of this Regulation, the following definitions shall apply:

((a)) ‘timber and timber products’ means the timber and timber products set out in the Annex, with the exception of timber products or components of such products manufactured from timber or timber products that have completed their lifecycle and would otherwise be disposed of as waste, as defined in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste,
((b)) ‘placing on the market’ means the supply by any means, irrespective of the selling technique used, of timber or timber products for the first time on the  market in the United Kingdom  for distribution or use in the course of a commercial activity, whether in return for payment or free of charge. It also includes the supply by means of distance communication as defined in  regulation 3(1) of the Consumer Protection (Distance Selling) Regulations 2000. The supply on the  market in the United Kingdom  of timber products derived from timber or timber products already placed on the  market in the United Kingdom  shall not constitute ‘placing on the market’;
((c)) ‘operator’ means any natural or legal person that places timber or timber products on the market;
((d)) ‘trader’ means any natural or legal person who, in the course of a commercial activity, sells or buys on  the market in the United Kingdom  timber or timber products already placed on  that market;
((e)) ‘country of harvest’ means the country or territory where the timber or the timber embedded in the timber products was harvested;
((f)) ‘legally harvested’ means harvested in accordance with the applicable legislation in the country of harvest;
((g)) ‘illegally harvested’ means harvested in contravention of the applicable legislation in the country of harvest;
((h)) ‘applicable legislation’ means the legislation in force in the country of harvest covering the following matters:

— rights to harvest timber within legally gazetted boundaries,
— payments for harvest rights and timber including duties related to timber harvesting,
— timber harvesting, including environmental and forest legislation including forest management and biodiversity conservation, where directly related to timber harvesting,
— third parties’ legal rights concerning use and tenure that are affected by timber harvesting, and
— trade and customs, in so far as the forest sector is concerned;
((i)) “competent authority” means the Secretary of State.
Article 3 
Timber embedded in timber products listed in Annexes II and III to Regulation (EC) No 2173/2005 which originate in partner countries listed in Annex I to that Regulation and which comply with that Regulation and its implementing provisions shall be considered to have been legally harvested for the purposes of this Regulation.
Timber of species listed in Annex A, B or C to Regulation (EC) No 338/97 and which complies with that Regulation and its implementing provisions shall be considered to have been legally harvested for the purposes of this Regulation.
Article 4 

1. The placing on the market of illegally harvested timber or timber products derived from such timber shall be prohibited.
2. Operators shall exercise due diligence when placing timber or timber products on the market. To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence system’, as set out in Article 6.
3. Each operator shall maintain and regularly evaluate the due diligence system which it uses, except where the operator makes use of a due diligence system established by a monitoring organisation referred to in Article 8. ...
Article 5 
Traders shall, throughout the supply chain, be able to identify:

((a)) the operators or the traders who have supplied the timber and timber products; and
((b)) where applicable, the traders to whom they have supplied timber and timber products.
Traders shall keep the information referred to in the first paragraph for at least five years and shall provide that information to  the competent authority if it so requests.
Article 6 

1. The due diligence system referred to in Article 4(2) shall contain the following elements:
(a) measures and procedures providing access to the following information concerning the operator’s supply of timber or timber products placed on the market:
— description, including the trade name and type of product as well as the common name of tree species and, where applicable, its full scientific name,
— country of harvest, and where applicable:
((i)) sub-national region where the timber was harvested; and
((ii)) concession of harvest,
— quantity (expressed in volume, weight or number of units),
— name and address of the supplier to the operator,
— name and address of the trader to whom the timber and timber products have been supplied,
— documents or other information indicating compliance of those timber and timber products with the applicable legislation;
(b) risk assessment procedures enabling the operator to analyse and evaluate the risk of illegally harvested timber or timber products derived from such timber being placed on the market.Such procedures shall take into account the information set out in point (a) as well as relevant risk assessment criteria, including the following criteria (referred to in this Article as the  “specified criteria”):
— assurance of compliance with applicable legislation, which may include certification or other third-party-verified schemes which cover compliance with applicable legislation,
— prevalence of illegal harvesting of specific tree species,
— prevalence of illegal harvesting or practices in the country of harvest and/or sub-national region where the timber was harvested, including consideration of the prevalence of armed conflict,
— sanctions imposed  by the United  Kingdom or by the UN Security Council  on timber imports or exports,
— complexity of the supply chain of timber and timber products.
(c) except where the risk identified in course of the risk assessment procedures referred to in point (b) is negligible, risk mitigation procedures which consist of a set of measures and procedures that are adequate and proportionate to minimise effectively that risk and which may include requiring additional information or documents and/or requiring third party verification.
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 Secretary of State may, by regulations, amend the list of specified criteria in this Article to add further risk assessment criteria that the Secretary of State considers necessary for the purposes of ensuring the effectiveness of the due diligence system.
(4.) Before exercising the power in paragraph 3 to make regulations, the Secretary of State must take into account:
(a) market developments; and
(b) experience gained in the operation of this Regulation.
Article 7 
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Article 8 

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  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  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.
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 .
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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.
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  are set out in Commission Implementing Regulation (EU) No. 607/2012.
Article 9 
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.
Article 10 

1. The  competent authority  shall carry out checks to verify if operators comply with the requirements set out in Articles 4 and 6.
2. The checks referred to in paragraph 1 shall be conducted in accordance with a periodically reviewed plan following a risk-based approach. In addition, checks may be conducted when  the competent authority  is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning compliance by an operator with this Regulation.
3. The checks referred to in paragraph 1 may include, inter alia:
(a) examination of the due diligence system, including risk assessment and risk mitigation procedures;
(b) examination of documentation and records that demonstrate the proper functioning of the due diligence system and procedures;
(c) spot checks, including field audits.
4. Operators shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and the presentation of documentation or records.
5. ... Where, following the checks referred to in paragraph 1, shortcomings have been detected, the  competent authority  may issue a notice of remedial actions to be taken by the operator. Additionally, depending on the nature of the shortcomings detected,  the competent authority  may take immediate interim measures, including inter alia:
(a) seizure of timber and timber products;
(b) prohibition of marketing of timber and timber products.
Article 11 

1. The  competent authority  shall keep records of the checks referred to in Article 10(1), indicating in particular their nature and results, as well as of any notice of remedial actions issued under Article 10(5). Records of all checks shall be kept for at least five years.
2. The information referred to in paragraph 1 shall be made available in accordance with  the Environmental Information Regulations 2004.
Article 12 
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Article 13 

1. Without prejudice to the operators’ obligation to exercise due diligence under Article 4(2),  the competent authority  may provide technical and other assistance and guidance to operators, taking into account the situation of small and medium-sized enterprises, in order to facilitate compliance with the requirements of this Regulation, in particular in relation to the implementation of a due diligence system in accordance with Article 6.
2. The competent authority  may facilitate the exchange and dissemination of relevant information on illegal logging, in particular with a view to assisting operators in assessing risk as set out in Article 6(1)(b), and on best practices regarding the implementation of this Regulation.
3. Assistance shall be provided in a manner which avoids compromising the responsibilities of  the competent authority and preserves its  independence in enforcing this Regulation.
Article 14 

(1.) The Secretary of State may make regulations amending and supplementing the list of timber and timber products set out in the Annex.
(2.) In making regulations under paragraph 1 the Secretary of State must have regard to—
(a) the experience gained in the operation of this Regulation;
(b) developments with regard to technical characteristics, end users and production processes of timber and timber products; and
(c) the need to ensure that such regulations do not create a disproportionate burden on operators.
Article 15 

1. Regulations made under this Regulation are to be made by statutory instrument.
2. A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.
3. Such regulations may—
(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018)); and
(b) make different provision for different purposes.
Article 16 
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Article 17 
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Article 18 
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Article 19 
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Article 20 

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.
Article 21 
This Regulation shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
It shall apply as from 3 March 2013. However, Articles 6(2), 7(1), 8(7) and 8(8) shall apply as from 2 December 2010.
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ANNEX


— 4401 Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms
— 4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared
— 4406 Railway or tramway sleepers (cross-ties) of wood
— 4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm
— 4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for other similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm
— 4409 Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed
— 4410 Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances
— 4411 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances
— 4412 Plywood, veneered panels and similar laminated wood
— 4413 00 00 Densified wood, in blocks, plates, strips or profile shapes
— 4414 00 Wooden frames for paintings, photographs, mirrors or similar objects
— 4415 Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood
(Not packing material used exclusively as packing material to support, protect or carry another product placed on the market.)
— 4416 00 00 Casks, barrels, vats, tubs and other coopers’ products and parts thereof, of wood, including staves
— 4418 Builders’ joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes
— Pulp and paper of Chapters 47 and 48 of the Combined Nomenclature, with the exception of bamboo-based and recovered (waste and scrap) products
— 9403 30, 9403 40, 9403 50 00, 9403 60 and 9403 90 30 Wooden furniture
— 9406 00 20 Prefabricated buildings
