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)

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)

This Regulation shall be binding in its entirety and directly applicable in all Member States.

1. Overview

Summary	Regulation
Article 1 Subject matter	Article 1 Subject matter This Regulation lays down the obligations of operators who place timber and timber products on the internal market for the first time, as well as the obligations of traders.
Article 2 Definitions	Article 2 Definitions 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 ( 1 ), (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 internal market 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 Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts ( 2 ). The supply on the internal market of timber products derived from timber or timber products already placed on the internal market 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 internal market timber or timber products already placed on the internal 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.
Article 3 Status of timber and timber products covered by FLEGT and CITES	Article 3 Status of timber and timber products covered by FLEGT and CITES 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 Obligations of operators
Article 5 Obligation of traceability	Article 5 Obligation of traceability 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 competent authorities if they so request.
Article 6 Due diligence systems
Article 7 Competent authorities
Article 8 Monitoring organisations
Article 9 List of monitoring organisations	Article 9 List of monitoring organisations The Commission shall publish the list of the monitoring organisations in the Official Journal of the European Union, C series, and shall make it available on its website. The list shall be regularly updated.
Article 10 Checks on operators
Article 11 Records of checks
Article 12 Cooperation
Article 13 Technical assistance, guidance and exchange of information
Article 14 Amendments of the Annex	Article 14 Amendments of the Annex In order to take into account, on the one hand, the experience gained in the implementation of this Regulation, in particular as identified through the reporting referred to in Article 20(3) and (4) and through the exchange of information as referred to in Article 13, and, on the other hand, developments with regard to technical characteristics, end-users and production processes of timber and timber products, the Commission may adopt delegated acts in accordance with Article 290 TFEU by amending and supplementing the list of timber and timber products set out in the Annex. Such acts shall not create a disproportionate burden on operators. For the delegated acts referred to in this Article the procedures set out in Articles 15, 16 and 17 shall apply.
Article 15 Exercise of the delegation
Article 16 Revocation of the delegation
Article 17 Objections to delegated acts
Article 18 Committee
Article 19 Penalties
Article 20 Monitoring of implementation and access to information
Article 21 Entry into force and application	Article 21 Entry into force and application 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.
ANNEX	ANNEX Timber and timber products as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87 ( 3 ) , to which this Regulation applies — 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

1.1 References

1.2 Identified Requirements

1.3 Related Standards

2. Identified Requirements

Requirements
Source	Requirement

3. Related Standards

Standards
Source	Requirement

Linked Issues

Issuelinks
Linktype	Issue
is related to	Imported: Holzhandelsverordnung (EU) Nr. 995/2010 (CELEX:02010R0995-20200101)

Builddate: 01.01.2020 00:00:00 -Doknr: CELEX:32010R0995
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European Regulation published on http://eur-lex.europa.eu/