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

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

7.—(1) 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 is amended as follows.

(2) In Article 1, omit point (1).

(3) In Article 2—

(a) for paragraph 1 substitute—

“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.”;

(b) in paragraph 3 for “Commission”, in both places it occurs, substitute “ competent authority ”;

(c) in paragraph 4—

(i) for “Commission's” substitute “competent authority's”;

(ii) for “Commission”, in both places it occurs, substitute “ competent authority ”;

(d) omit paragraph 5.

(4) For Article 3 substitute—

“Article 3 U.K. Additional documents and access to premises

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.”.

(5) For Article 4 substitute—

“Article 4 U.K. Recognition decision

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.”.

(6) For Article 5 substitute—

“Article 5 U.K. Legal personality and legal establishment

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.”.

(7) In Article 9—

(a) in paragraph 1—

(i) in the words before point (a), for “Commission” substitute “ competent authority ”;

(ii) in point (b), for “Union” substitute “ United Kingdom ”;

(iii) omit point (c);

(iv) in point (d), for “any Member State” substitute “[F1 Great Britain]”;

(b) omit paragraph 2.

(8) For Article 10 substitute—

“Article 10 U.K. Review of the recognition decision

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.”.

(9) In Article 11—

(a) in paragraphs 1 and 2, for “Commission” substitute “ competent authority ”;

(b) in paragraph 3, omit the words from “and communicated” to the end.

(10) For Article 12, substitute—

“Article 12 U.K. Data protection

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

(11) After Article 13, omit the sentence which begins “This Regulation shall be”.

(12) In the Annex, in the first paragraph—

(a) in the first indent, omit “as provided for in the relevant national legislation”;

(b) omit the second indent.

Textual Amendments

F1 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)

Commencement Information

I1 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