HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 177/16
EN
Official Journal of the European Union
7.7.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 607/2012
of 6 July 2012
on the detailed rules concerning the due diligence system and the frequency and nature of the
checks on 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
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(5) The
measures
provided
for
in
this
Regulation
are
in
accordance with the opinion of the Forest Law
Enforcement Governance and Trade Committee,
Having regard to the Treaty on the Functioning of the European
Union,
HAS ADOPTED THIS REGULATION:
Having regard to Regulation (EU) No 995/2010 of the
European Parliament and of the Council of 20 October 2010
Article 1
laying down the obligations of operators who place timber and
Subject matter
timber products on the market ( 1 ), and in particular Articles 6(2)
and 8(8) thereof,
This Regulation lays down detailed rules concerning the due
diligence system and the frequency and the nature of the
checks on monitoring organisations.
Whereas:
Article 2
(1) Regulation
(EU)
No
995/2010
obliges
operators
to
use
a
Application of the due diligence system
framework of procedures and measures (hereinafter
referred to as a due diligence system) in order to
1. Operators
shall
apply
the
due
diligence
system
to
each
minimise the risk of placing illegally harvested timber
specific type of timber or timber product supplied by a
or products derived from illegally harvested timber on
particular supplier within a period not exceeding 12 months,
the internal market.
provided that the tree species, the country or countries of
harvest or, where applicable, the sub-national region(s) and
concession(s) of harvest remain unchanged.
(2) It
is
necessary
to
clarify
cases
in
which
information
on
the full scientific name of tree species, the sub-national
region where the timber was harvested and the
2. The
first
paragraph
is
without
prejudice
to
operator’s
concession of harvest needs to be provided.
obligation to maintain measures and procedures providing
access to the information referred to in Article 6(1)(a) of Regu
lation (EU) No 995/2010 concerning each consignment of
timber and timber products placed on the market by the
(3) It
is
necessary
to
specify
the
frequency
and
nature
of operator.
checks that the competent authorities need to carry out
on monitoring organisations.
Article 3
(4) Protection
of
individuals
with
regard
to
the
processing
of
Information concerning the operator’s supply
their personal data within the scope of this Regulation, in
particular as regards the processing of personal data
1. The
information
on
operator’s
supply
of
timber
or
timber
obtained in the context of checks is subject to the
products referred to in Article (6)(1)(a) of Regulation (EU) No
requirements laid down in Directive 95/46/EC of the
995/2010 shall be provided in accordance with paragraphs 2, 3
European Parliament and of the Council of 24 October
and 4.
1995 on the protection of individuals with regard to the
processing of personal data and on the free movement of
such data (
2. The
full
scientific
name
of
the
tree
species
referred
to
in

2 ) and to Regulation (EC) No 45/2001 of the
European Parliament and of the Council of 18 December
the first indent of Article 6(1)(a) of Regulation (EU) No
2000 on the protection of individuals with regard to the
995/2010 shall be provided where ambiguity in the use of
processing of personal data by the Community insti
the common name exists.
tutions and bodies and on the free movement of such
data ( 3 ).
3. Information
on
the
sub-national
region
referred
to
in
the
second indent of Article 6(1)(a) of Regulation (EU) No
( 1 ) OJ L 295, 12.11.2010, p. 23.
( 2 ) OJ L 281, 23.11.1995, p. 31.
995/2010 shall be provided where the risk of illegal harvesting
( 3 ) OJ L 8, 12.1.2001, p. 1.
between sub-national regions varies.

---

EN
7.7.2012 Official
Journal
of
the
European
Union L
177/17
4. Information
on
the
concession
of
harvest
referred
to
in
Article 6
the second indent of Article 6(1)(a) of Regulation (EU) No
995/2010 shall be provided where the risk of illegal harvesting
Frequency and nature of checks on monitoring
between concessions of harvest in a country or sub-national
organisations
region varies.
1. The
competent
authorities
shall
ensure
that
the
checks
at
regular intervals referred to in Article 8(4) of Regulation (EU)
No 995/2010 are carried out at least once every two years.
For the purposes of the first subparagraph, any arrangement
conferring the right to harvest timber in a defined area shall
be considered a concession of harvest.
2. Checks referred to in Article 8(4) of Regulation (EU) No
995/2010 shall be carried out in particular in any of the
following cases:
Article 4
Risk assessment and mitigation
(a) where a competent authority has, while carrying out checks
Certification or other third-party verified schemes referred to in
on operators, detected shortcomings in the effectiveness or
the first indent of the second paragraph of Article 6(1)(b) and in
implementation by operators of the due diligence system
Article 6(1)(c) of Regulation (EU) No 995/2010 may be taken
established by a monitoring organisation;
into account in the risk assessment and risk mitigation
procedures where they meet the following criteria:
(b) where the Commission has informed the competent auth
orities that a monitoring organisation has undergone
(a) they have established and made available for third-party use
subsequent changes as provided for in Article 9(2) of
a publicly available system of requirements, which system
Commission Delegated Regulation (EU) No 363/2012 of
shall at the least include all relevant requirements of the
23 February 2012 on the procedural rules for the recog
applicable legislation;
nition and withdrawal of recognition of monitoring organi
sations as provided for in Regulation (EU) No 995/2010 of
the European Parliament and of the Council laying down
(b) they specify that appropriate checks, including field-visits,
the obligations of operators who place timber and timber
are made by a third party at regular intervals no longer
products on the market ( 1 ).
than 12 months to verify that the applicable legislation is
complied with;
3. Checks
shall
be
carried
out
without
prior
warning,
except
where prior notification of the monitoring organisation is
(c) they include means, verified by a third party, to trace timber
necessary in order to ensure the effectiveness of the checks.
harvested in accordance with applicable legislation, and
timber products derived from such timber, at any point in
the supply chain before such timber or timber products are
4. The
competent
authorities
shall
carry
out
checks
in
placed on the market;
accordance with documented procedures.
(d) they include controls, verified by a third party, to ensure
5. Competent
authorities
shall
carry
out
checks
to
ensure
that timber or timber products of unknown origin, or
compliance with Regulation (EU) No 995/2010 that shall
timber or timber products which have not been harvested
include, in particular and as appropriate, the following activities:
in accordance with applicable legislation, do not enter the
supply chain.
(a) spot checks, including field audits;
Article 5
(b) examination of documentation and records of monitoring
Record keeping by operators
organisations;
1. Information
concerning
the
operator’s
supply
as
provided
for in Article 6(1)(a) of Regulation (EU) No 995/2010 and
application of risk mitigation procedures shall be documented
(c) interviews with the management and staff of the monitoring
through adequate records, which shall be stored for five years
organisation;
and made available for checks by the competent authority.
(d) interviews with operators and traders or any other relevant
2. In
applying
their
due
diligence
system
operators
shall
be
person;
able to demonstrate how the information gathered was checked
against the risk criteria provided for in Article 6(1)(b) of Regu
lation (EU) No 995/2010, how a decision on risk mitigation
(e) examination of documentation and records of operators;
measures was taken and how the operator determined the
degree of risk.
( 1 ) OJ L 115, 27.4.2012, p. 12.

---

L 177/18
EN
Official Journal of the European Union
7.7.2012
(f) examination of samples of the supply of operators using the
organisation may provide comments to the competent auth
due diligence system of the monitoring organisation
orities within the time limit specified by the competent auth
concerned.
orities.
Article 7
3. The
competent
authorities
shall
draw
up
reports
referred
Reports of the checks on monitoring organisations
to in Article 8(4) of Regulation (EU) No 995/2010 on the basis
of the reports on individual checks.
1. The
competent
authorities
shall
draw
up
reports
on
indi
vidual checks that they have carried out, which shall include a
description of the process and techniques applied and their
Article 8
findings and conclusions.
Entry into force
2. The
competent
authorities
shall
provide
a
monitoring
This Regulation shall enter into force on the twentieth day
organisation that has been subject to a check with the
following that of its publication in the Official Journal of the
findings and conclusions of the draft report. The monitoring
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 6 July 2012.
For the Commission
The President
José Manuel BARROSO

---

Document Outline

• �

---