Article 10 Checks on operators

United Kingdom

The F1competent authority shall carry out checks to verify if operators comply with the requirements set out in Articles 4 and 6.

The checks referred to in paragraph 1 shall be conducted in accordance with a periodically reviewed plan following a risk-based approach. In addition, checks may be conducted when F2the competent authority is in possession of relevant information, including on the basis of substantiated concerns provided by third parties, concerning compliance by an operator with this Regulation.

The checks referred to in paragraph 1 may include, inter alia:

(a)

examination of the due diligence system, including risk assessment and risk mitigation procedures;

(b)

examination of documentation and records that demonstrate the proper functioning of the due diligence system and procedures;

(c)

spot checks, including field audits.

Operators shall offer all assistance necessary to facilitate the performance of the checks referred to in paragraph 1, notably as regards access to premises and the presentation of documentation or records.

F3... Where, following the checks referred to in paragraph 1, shortcomings have been detected, the F4competent authority may issue a notice of remedial actions to be taken by the operator. Additionally, depending on the nature of the shortcomings detected, F5the competent authority may take immediate interim measures, including inter alia:

(a)

seizure of timber and timber products;

(b)

prohibition of marketing of timber and timber products.

Annotations

Textual amendments

F1: Words in Art. 10(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(9)(a) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Art. 10(2) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(9)(b) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F3: Words in Art. 10(5) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(9)(c)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in Art. 10(5) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(9)(c)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in Art. 10(5) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 6(9)(c)(iii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)