Regulation 2010/995 - Obligations of operators who place timber and timber products on the market

1.

Summary of Legislation

Combating illegal logging

SUMMARY OF:

Regulation (EU) No 995/2010 on the obligations of operators who place timber and timber products on the market

WHAT IS THE AIM OF THE REGULATION?

It prohibits illegally harvested timber from being placed on the EU market, and sets out preconditions for the marketing of timber and timber products in the EU.

KEY POINTS

  • The regulation requires ‘operators’ who place timber products on the EU market for the first time to exercise ‘due diligence’* to ensure they supply products made of legally harvested timber. To this end, operators must use a due diligence system.
  • Operators may set up their own due diligence systems or use one created by a monitoring organisation.
  • Monitoring organisations are recognised as such by the European Commission. Their role is to assist operators comply with the requirements of the regulation.
  • To facilitate the traceability of timber products, all traders who buy and sell timber on the market must keep records of their suppliers and customers.
  • The regulation, which applies both to EU-harvested and imported timber, covers a wide range of timber products that are listed in the annex and are in accordance with the Union Customs Code.
  • The regulation considers timber/timber products to be legally harvested if they have a Forest Law Enforcement, Governance and Trade (FLEGT) licence (established with Regulation (EC) No 2173/2005), or a CITES permit (Regulation (EC) No 338/97).

Monitoring of implementation and access to information

At the latest by 30 April of each year, countries covered by the regulation must make available to the public and the European Commission information on the application of this regulation during the previous calendar year. The Commission will also make available to the public a EU-wide overview on the basis of the data submitted by all EU countries.

By 3 December 2021 and every 5 years thereafter, the Commission must review the functioning and effectiveness of this regulation on the basis of the information received each year and the experience with its application.

BACKGROUND

Illegal logging* is a pervasive environmental, economic and social problem that contributes to climate change, the loss of biodiversity, lost revenue, conflicts (sometimes armed) over land and resources, and corruption.

For more information, see:

KEY TERMS

Due diligence: a risk management exercise to minimise the risk of illegally harvested timber (or products containing it) being offered for sale on the EU market.

Illegal logging: the harvesting of timber in violation of the laws of the country of harvest.

MAIN DOCUMENT

Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, pp. 23-34)

RELATED DOCUMENTS

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, pp. 12-16)

Commission 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 (OJ L 177, 7.7.2012, pp. 16-18)

Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (Official Journal L 347, 30.12.2005, pp. 1-6)

Successive amendments to Council Regulation (EC) No 2173/2005 have been incorporated in the original text. This consolidated version is of documentary value only.

Commission Regulation (EC) No 1024/2008 of 17 October 2008 laying down detailed measures for the implementation of Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (OJ L 277, 18.10.2008, pp. 23-29)

last update 13.05.2015

This summary has been adopted from EUR-Lex.

2.

Legislative text

Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market Text with EEA relevance