The Office of Product Safety and Standards has issued guidance staring that from January 1, 2021, Great Britain (England, Scotland and Wales) will have its own Timber Regulations and Northern Ireland will remain subject to the European Timber Regulations, as set out in the Withdrawal Act and Northern Ireland Protocol.
The European Timber Regulation (EUTR) and FLEGT will become UK domestic legislation as the UK Timber Regulations and FLEGT. The requirements under the UK Regulations remain the same as under EUTR.
This means that, in Great Britain (England, Scotland and Wales) operators must exercise due diligence when placing timber or timber products on the GB market for the first time – this will include timber and timber products from the EU/EEA, but will not include timber from NI. Operators must also maintain and regularly evaluate the due diligence system they use to ensure that timber has not been illegally harvested.
Traders must identify the operators or the traders who have supplied the timber or timber products; and, where applicable, identify the traders to whom they have supplied timber or timber products.
In Northern Ireland operators must exercise due diligence when placing timber or timber products on the NI/EU/EEA market for the first time – this will include timber and timber products from GB. Operators must also maintain and regularly evaluate the due diligence system they use to ensure that timber has not been illegally harvested.
Traders must identify the operators or the traders who have supplied the timber or timber products; and, where applicable, identify the traders to whom they have supplied timber or timber products.
As set out in the UK government’s Northern Ireland Command Paper, there will be no new checks on goods moving from Northern Ireland to GB. This means there will be no change in the way the Timber Regulations function for businesses moving timber from Northern Ireland to GB.
Timber and timber products that have been placed on the market in Northern Ireland will not require additional due diligence to be undertaken for them to be placed on the market in GB.
Businesses in GB who buy/sell timber that has already been placed on the market in Northern Ireland will be considered as ‘traders’ in the Timber Regulations.
Currently, the only country with an operationally approved FLEGT Voluntary Partnership Agreement (VPA) is Indonesia. The UK has replicated this agreement bilaterally with Indonesia to ensure that it can continue to accept its FLEGT licenced timber. The UK will continue to replicate VPAs with other producer contries as they develop robust FLEGT licensing systems.
The OPSS will continue to enforce the regulations in both Northern Ireland and Great Britain and will work with businesses to support them to meet the requirements of the regulations.
Further guidance can be found at https://www.gov.uk/guidance/trading-timber-imports-and-exports-from-1-january-2021
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