Operators

Definition: ‘operator’ means any natural or legal person that places timber or timber products on the market.

Obligations of operators

 1.     The placing on the market of illegally harvested timber or timber products derived from such timber shall be prohibited.

 2.     Operators shall exercise due diligence when placing timber or timber products on the market. To that end, they shall use a framework of procedures and measures, hereinafter referred to as a ‘due diligence system’.

 3.     Each operator shall maintain and regularly evaluate the due diligence system which it uses, except where the operator makes use of a due diligence system established by a monitoring organisation. Existing supervision systems under national legislation and any voluntary chain of custody mechanism which fulfil the requirements of this Regulation may be used as a basis for the due diligence system.

 Checks on operators

 1.     The competent authorities shall carry out checks to verify if operators comply with the requirements

 2.     The checks shall be conducted in accordance with a periodically reviewed plan following a risk- based approach. In addition, checks may be conducted when a 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.

 3.     The checks 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.

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

 5.     Where shortcomings have been detected, the competent authorities may issue a notice of remedial actions to be taken by the operator. Additionally, depending on the nature of the shortcomings detected, Member States may take immediate interim measures, including inter alia:

  a.     seizure of timber and timber products;

  b.    prohibition of marketing of timber and timber products.