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

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

4.—(1) Council Regulation (EC) No. 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community is amended as follows.

(2) In Article 1—

(a) in paragraph 1—

(i) omit “Community”;

(ii) after “products”, insert “into the United Kingdom”;

(b) in paragraph 3, omit “listed in Annex 1”.

(3) In Article 2—

(a) in paragraph 1—

(i) for “Community”, in the first two places it occurs, substitute “United Kingdom”;

(ii) omit “Community”, in the third place it occurs;

(iii) for “border” substitute “import”;

(b) in paragraph 2, omit “, as listed in Annex 1”;

(c) in paragraph 3—

(i) for “Community”, in both places it occurs, substitute “United Kingdom”;

(ii) omit “in support of the FLEGT Action Plan and”;

(d) in paragraph 4, omit “, as listed in Annex 1”;

(e) for paragraph 8 substitute—

“8.   “competent authority” means the Secretary of State;”;

(f) in paragraph 9—

(i) for “Community”, in the first place it occurs, substitute “United Kingdom”;

(ii) omit the words from “as defined in” to the end;

(g) in paragraph 11, for the words from “within the meaning” to the end substitute “in the United Kingdom”;

(h) in paragraph 13, for “Community” substitute “United Kingdom”;

(i) after paragraph 14, insert—

“15.   “goods of a non-commercial nature” means goods whose entry into the United Kingdom 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.”.

(4) In Article 4—

(a) in paragraph 1, for “Community” substitute “United Kingdom”;

(b) in paragraph 3, omit the second subparagraph.

(5) In Article 5—

(a) in paragraph 1—

(i) for “Community” substitute “United Kingdom”;

(ii) for “competent authorities” substitute “competent authority”;

(b) omit paragraph 2;

(c) in paragraph 3—

(i) for “competent authorities”, in both places it occurs, substitute “competent authority”;

(ii) for “they are” substitute “it is”;

(iii) for “their national law” substitute “any enactment or rule of law”;

(d) in paragraphs 4 and 5, for “competent authorities”, substitute “competent authority”;

(e) omit paragraph 6;

(f) in paragraph 7, for “Member State concerned” substitute “Secretary of State”;

(g) omit paragraph 8.

(6) Omit Articles 6 and 7.

(7) In Article 8—

(a) in paragraph 1—

(i) for “Member States shall be required to submit by 30 April” substitute “The Secretary of State must prepare and publish”;

(ii) for “calendar” substitute “financial”;

(iii) in point (a), for “Member State” substitute “United Kingdom”;

(iv) in point (c), for “Article 6(1) has been applied” substitute “an offence has been committed in connection with the prohibition in Article 4(1)”;

(b) for paragraph 2 substitute—

“2.   The first report under this Article must be published on or before 30 April 2020 and subsequent reports must be published at intervals not exceeding one year.”;

(c) omit paragraph 3.

(8) Omit Article 9.

(9) After Article 12, omit the sentence which begins “This Regulation shall be”.

(10) Omit Annex 1.