Scheme Regulations, 2015

L.N. 115 of 2015

ENVIRONMENT AND DEVELOPMENT PLANNING ACT

(CAP. 504)

Forest Law Enforcement, Governance and Trade Licensing

Scheme Regulations, 2015

IN EXERCISE of the powers conferred by article 61 of the

Environment and Development Planning Act, the Minister for

Sustainable Development, the Environment and Climate Change and

Parliamentary Secretary for Planning and Simplification of

Administrative Processes, after consultation with the Malta

Environment and Planning Authority, have made the following

regulations:-

The title of these regulations is the Forest Law

Enforcement, Governance and Trade Licensing Scheme Regulations,

2015.

These regulations provide for the implementation of the

provisions of

(a) Council Regulation (EC) No. 2173/2005 of 20

December 2005 on the establishment of a FLEGT licensing

scheme for imports of timber into the European Community as

amended by Regulation (EU) No. 657/2014 of the European

Parliament and of the Council of 15 May 2014 amending

Council Regulation (EC) No. 2173/2005 as regards the

delegated and implementing powers to be conferred on the

Commission, hereinafter referred to as "Regulation (EC) No.

2173/2005"; and

(b) Commission Regulation (EC) No. 1024/2008 laying

down detailed measures for the implementation of Council

Regulation (EC) No. 2173/2005, as may be amended from time

to time, hereinafter referred to as "the Implementing

Regulation".

(1)

In these regulations, unless the context otherwise

requires

"competent authority" means the Directorate of Agriculture;

"Director" means the Director of Agriculture and includes, to

the extent of the authority given, any officer authorized by him, in

writing, to act in that behalf for any of the purposes of these

regulations;

"economic operator" means a person who, in the course of his or

her business, is involved in activities covered by the customs

legislation;

"partner country" means a country listed in Annex I of

Regulation (EC) No. 2173/2005, as may be amended from time to

time;

"person" means any person, whether natural or legal, corporate

or incorporate, and includes any person acting on his own behalf or

under the instructions of any employer, master or owner;

"timber" means timber and timber products as listed in Annex II

and III of Regulation (EC) No. 2173/2005, as may be amended from

time to time.

(2) Unless the context otherwise requires, words and

expressions used in these regulations shall have the same meaning

assigned to them in Article 2 of Regulation (EC) No. 2173/2005.

(3) In the event that any of these regulations conflict with the

provisions of Regulation (EC) No. 2173/2005, the latter shall prevail.

(1) The Directorate of Agriculture is the competent Competent

authority for the purposes of these regulations, Regulation (EC) No. authority.

2173/2005 and the Implementing Regulation.

(2) Without prejudice to the provisions of these regulations,

the competent authority shall be responsible for the implementation

of Regulation (EC) No. 2173/2005 and for communicating with the

Commission in terms of the said Regulation.

(1) Any person seeking to import timber from a partner FLEGT licence.

country shall submit a FLEGT licence, covering the shipment, to the

competent authority prior to the arrival of the shipment and in

sufficient time to allow for its validation.

(2) A FLEGT licence presented to the competent authority

must be made available in the English language.

(1) The Director may, for the purposes of these Functions of

regulations, appoint officers who will have such functions as the officers.

Director may deem necessary for the enforcement and

implementation of any provision of these regulations, Regulation

(EC) No. 2173/2005 and the Implementing Regulation, and shall have

the right to

(a) enter into premises at all reasonable times, after

giving prior notice and upon production of identification

Provided that the requirement to give prior notice

shall not apply in cases when efforts to arrange an appointment

have failed, or when such notice would defeat the purpose of the

entry, or where there is reasonable suspicion that an offence

against these regulations has been committed;

(b) stop and, or board any vehicle, vessel, aircraft or

other means of transport that the officer has reasonable grounds

to believe is transporting timber;

(c)

inspect the premises, any plant, machinery or

equipment, containers and timber found on the premises;

(d) have access to, examine and copy any

documentation, records or other information to which these

regulations may apply, in whatever form they are held, and

remove them to enable them to be copied or require computer

records to be produced in a form in which they may be easily

accessed and taken away by the officer;

(e)

take samples of any timber;

(f)

carry out any examination, investigation or test; and

(g)

take photographs, measurements or recordings.

(2) An economic operator shall provide all reasonable

assistance to any authorized officer acting in terms of sub-regulation

(1) and in particular shall

(a)

produce for inspection such document or record as

may be required by such authorized officer;

(b) make available for examination any timber as may

be required.

For the purposes of enforcing the provisions of these

regulations, the Director may request the assistance of members of

the Police Force and of the Comptroller of Customs.

(1) Any person shall be guilty of an offence under these

regulations if he

(a)

fails to comply with the prohibition on timber

imports from partner countries unless covered by a FLEGT

licence in accordance with Article 4(1) of Regulation (EC) No.

2173/2005;

(b) use a false, falsified, invalid or expired licence or

one altered without authorization for any purpose in connection

with these regulations;

(c)

makes no import notification or a false import

notification;

(d) makes use of a licence for any other timber

shipments other than the one for which it was issued;

(e)

fails to submit the FLEGT licence to the competent

authority in accordance with regulation 5;

(f)

fails to comply with, or contravenes, any provision

of these regulations, Regulation (EC) No. 2173/2005 or the

Implementing Regulation or fails to comply with any order

lawfully given in terms of any provision of Regulation (EC) No.

2173/2005, the Implementing Regulation or these regulations;

(g) alters, forges, counterfeits or destroys any licence or

document presented to or issued by the Director under these

regulations;

(h) conspires or attempts, or aids, or abets, any other

person by whatever means, including advertising, counselling or

procurement to contravene the provisions of these regulations or

to fail to comply with any such provisions, including any order

lawfully given in terms of any of the provisions of these

regulations, or to contravene any restriction, prohibition or

requirement imposed by or under the said regulations;

(i)

intentionally obstructs or causes the obstruction of

any person acting in the proper exercise of his functions under

these regulations and, or fails to allow an inspection authorized

under these regulations;

(j)

without reasonable cause, fails to give any person,

acting in the exercise of his functions under these regulations,

any assistance or information which he may be required to give

under these regulations or any other law, or gives false or

misleading information.

(2) Any person who is found guilty of an offence against the

provisions of these regulations shall, on conviction, be liable

(a) on a first conviction to a fine (multa) of not less than

one thousand and five hundred euro (€1,500) but not exceeding

twenty five thousand euro (€25,000);

(b) on a second or subsequent convictions, to a fine

(multa) of not less than two thousand and five hundred euro

(€2,500) but not exceeding fifty thousand euro (€50,000).

(3) Where any person is convicted of an offence against these

regulations, the Court may in addition to any other penalty that it may

impose

(a) order that the timber and any other goods or things

to which the offence relates be forfeited to the Government and

if so forfeited shall be disposed of in such a manner as the Court

may determine on the advice of the Director;

(b) sentence the offender to imprisonment for a term of

not less than thirty days and not exceeding two years.

(4) Any person who has been found guilty of committing an

offence against these regulations shall also pay for the expenses

incurred for the storage, removal, transport and disposal of the

imported goods and any other expenses incurred in relation to these

proceedings.

(1) The provisions of articles 23 and 30(1) of the

Criminal Code shall, mutatis mutandis, apply to proceedings in

respect of offences against these regulations, so however that the

disqualification from holding or obtaining a warrant, licence, permit

or authority shall in no case be less than one year.

(2) Notwithstanding the provisions of article 370 of the

Criminal Code, proceedings for an offence against these regulations

shall be held before the Court of Magistrates (Malta) or the Court of

Magistrates (Gozo), as the case may be, and shall be in accordance

with the provisions of the Criminal Code regulating the procedure

before the said courts as courts of criminal judicature.

€0.45