Operators’ obligations
Operators must follow due diligence when placing timber and timber products on the market. It is prohibited to place illegally harvested timber or products manufactured from such timber on the market. For this reason, operators must use what is called a ‘due diligence’ system.
A due diligence system includes measures and procedures intended to allow operators to trace the origin of timber and timber products and obtain information on compliance with the applicable legislation. Based on the information that they have compiled, operators must assess the risks of any illegal activity in the preceding supply chain. Provisions on the due diligence systems are laid down in Article 6 of the Timber Regulation (EUTR 995/2010).
The operator may use their system or systems provided by EC-approved monitoring organisations. The operator must regularly maintain and assess their due diligence system unless the operator uses a system provided by a monitoring organisation.
Traders’ obligations
Traders must, throughout the supply chain, be able to identify:
- a) the operators or the traders that have supplied the timber and timber products;
- b) where applicable, the traders to whom they have supplied timber and timber products.
The above information must be retained for at least 5 years. The Timber Regulation does not oblige traders to keep records of end consumers.
Guidance document
The purpose of the guidance document is to clarify a number of sections of the Timber Regulation (EUTR 995/2010), Commission Delegated Regulation (EU 363/2012) and the Commission Implementing Regulation (EU 607/2012) and to provide guidelines for their interpretation.
However, the guidance document is not legally binding as its purpose is to serve as an interpretation guide for competent authorities in the Member States and the parties to whom the obligations of the Timber Regulation apply.
The Guidance document was compiled in cooperation between stakeholders, experts from Member States and members of the FLEGT Committee.