Regulation 6 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

(1)

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, for “internal” substitute “UK”.

(3)

In Article 6—

(a)

in paragraph 1(b), in the second subparagraph, after “including” insert “the following criteria (referred to in this Article as the “specified criteria”)”;

(b)

for paragraph 3 substitute—

“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.”;

(c)

after paragraph 3 insert—

“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.”.

(4)

For Articles 14 and 15 substitute—

“Article 14
Amendments to the Annex

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
Regulations

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.”.