EU Regulation 995/2010/EU lays down the due diligence obligation on operators who place timber and timber products on the internal market of the European Union for the first time, as well as the record keeping obligation on traders that supply those products, with the aim to prevent the illegal logging of timber as well as the related trade of products made from that timber.
It is your responsibility to comply with Regulation 995/2010/EU. This material is for informational purposes only. It is not intended as legal advice. We encourage you to consult your legal counsel if you have questions about the laws and regulations concerning your product. In this regard, please note that Regulation 995/2010/EU has direct effect, but Member States are competent for laying down penalties, and for enforcing the Regulation.
Regulation 995/2010/EU applies to the timber and timber products set out in the Annex of this Regulation, which is available on European Commission website (see Additional Information below). The Annex of this Regulation 995/2010/EU lists the timber products using EU Customs code nomenclature.
In this regard, the Regulation covers a broad range of both imported and domestically produced timber and timber products, including solid wood products, flooring, plywood, pulp and paper, etc., but not including printed papers such as books, magazines and newspapers, musical instruments, toys and games, etc. In addition, Regulation 995/2010/EU contains an exemption for timber products or components of such products manufactured from timber or timber products that have completed their life cycle and would otherwise be disposed of as waste, that is, products made from recycled timber.
Furthermore, Regulation 995/2010/EU empowers the Commission to adopt delegated acts to amend and supplement the list of timber and timber related products set out in the Annex. However, no amendments to the Annex have been published to date.
Operator is defined by Regulation 995/2010/EU as any natural or legal person that places timber or timber products on the market, and in turn, placing on the market is defined as the supply by any means, irrespective of the selling technique used (including the supply by means of distance communication), of timber or timber products for the first time on the internal market for distribution or use in the course of a commercial activity, whether in return for payment or free of charge.
In this regard, operators are subject to two obligations:
In this regard, the operator can choose either to develop its own due diligence system or to use a system that has been created by a monitoring organisation, which are private bodies that have been recognised by the European Commission to assist operators with discharging their due diligence obligation.
The requirements for the due diligence system are laid down in article 6 of the Regulation 995/2010/EU, and has been developed in the Implementing Regulation 607/2012/EU, both available on European Commission website. But at a high level, the three key elements of the due diligence system are:
However, these operators' obligations do not apply to the following timber and timber products, given that the Regulation 995/2010/EU considers that this timber and timber products have been legally harvested for the purposes of this Regulation:
Trader is defined by Regulation 995/2010/EU as any natural or legal person who, in the course of a commercial activity, sells or buys on the internal market timber or timber products already placed on the internal market.
In this regard, traders are subject to a basic traceability obligation which requires them to be able to identify:
This information must be kept for at least five years and made available to competent authorities on request.
We strongly encourage you to visit the European Commission’s website for more information on EUTR, that includes a Guidance Document for the EU Timber Regulation in the 23 languages of the EU, as well as a list of recognized monitoring organisations, and the implementing regulations: