Timber and Timber Products (Placing on the Market)

L.N. 256 of 2025

ENVIRONMENT PROTECTION ACT

(CAP. 549)

Timber and Timber Products (Placing on the Market)

(Amendment) Regulations, 2025

IN EXERCISE of the powers conferred by articles 54 and 55 of

the Environment Protection Act, the Minister responsible for the

environment after consultation with the Environment and Resources

Authority, has made the following regulations:-

The title of these regulations is the Timber and Timber Citation.

Products (Placing on the Market) (Amendment) Regulations, 2025 and

these regulations shall be read and construed as one with the Timber S.L. 549.94.

and Timber Products (Placing on the Market) Regulations, hereinafter

referred to as the "principal regulations".

In the principal regulations the word "authorized", General

amendment to

wherever it occurs, shall be substituted by the word "authorised".

the principal

regulations.

Regulation 2 of the principal regulations shall be Substitutes

regulation 2 of

substituted by the following new regulation

the principal

regulations.

2. These regulations provide for the

implementation of the requirements of the provisions of

Regulation (EU) No 995/2010 of the European

Parliament and of the Council of 20 October 2010

laying down the obligations of operators who place

timber and timber products on the market as set out in

the Annex thereof, as may be amended from time to

time, hereinafter referred to as "Regulation (EU) No

995/2010.

(2) These regulations shall be applicable until

30 December 2025 provided that they shall continue to

apply until 31 December 2028 only with regard to

timber and timber products that were produced before

29 June 2023 and placed on the market from 30

December 2024.".

Regulation 3 of the principal regulations shall be amended Amends

regulation 3 of

the principal

regulations.

(a)

in the definition "authorised officer" thereof, as

amended, the words "the Director" shall be substituted by the

words "the competent authority";

(b) the definition "competent authority" thereof shall be

substituted by the following new definition

""competent authority" means the Environment

and Resources Authority as established in article 6 of

the Environment Protection Act;"

(c)

the definition "Director" thereof shall be deleted; and

(d) the definition "timber" thereof shall be substituted by

the following new definition

""timber" or "timber and timber products" means

timber and timber products as defined in Article 2 of

Regulation (EU) No 995/2010.".

In regulation 4 of the principal regulations the words "The

Directorate of Agriculture shall be the competent authority for the

purposes of" shall be substituted by the words "The competent

authority shall be responsible for the implementation of".

In sub-regulation (1) of regulation 5 of the principal

regulations the words "An operator shall permit any authorized

officer" shall be substituted by the words "An officer authorised by the

competent authority shall have the power to".

In regulation 6 of the principal regulations the words "the

Director may request" shall be substituted by the words "the competent

authority may request".

Regulation 7 of the principal regulation shall be amended

as follows

(a) in sub-regulation (1) thereof the words "the Director

has reasonable cause to believe" shall be substituted by the

words "the competent authority has reasonable cause to believe"

and the words "the Director may serve" shall be substituted by

the words "the competent authority may serve";

(b) paragraph (c) of sub-regulation (2) thereof shall be

substituted by the following new paragraph

"(c) the measures that in the competent authority’s

opinion, shall be taken in order to ensure compliance,

including but not limited to the forfeiture of any timber

acquired in violation of these regulations;";

(c) in sub-regulation (3) thereof the words "the Director

may, as an interim measure, prohibit" shall be substituted by the

words "the competent authority may, as an interim measure,

prohibit"; and

(d) in sub-regulation (4) thereof the words "the Director"

shall be substituted by the words "the competent authority";

Regulation 8 of the principal regulations shall be amended Amends

regulation 8 of

as follows

the principal

regulations.

(a) in sub-regulation (1) thereof the words "the Director

may cause" shall be substituted by the words "the competent

authority may serve";

(b)

sub-regulation (2) thereof shall be amended as

follows

(i) in paragraph (c) thereof the words "the Director

considers" shall be substituted by the words "the competent

authority considers";

(ii) in paragraph (d) thereof the words "date of such

conviction," shall be substituted by the words "date of such

conviction;" and immediately thereafter there shall be

added the following new paragraph

"(e) any other sanction applicable, including

but not limited to the forfeiture of any timber

acquired in violation of these regulations,";

(c)

sub-regulation (3) thereof shall be amended as

follows

(i) the words "on the Director" shall be substituted

by the words "on the competent authority";

(ii) in paragraph (a) thereof the words "by the

Director" shall be substituted by the words "by the

competent authority";

(d)

sub-regulation (4) thereof shall be amended as

follows

(i) the words "on the Director" shall be substituted

by the words "on the competent authority";

(ii) in paragraph (b) thereof the words "to the

Director" shall be substituted by the words "to the

competent authority" and the words "the Director may

determine" shall be substituted by the words "the

competent authority may determine";

(e) in sub-regulation (5) thereof the words "the Director

shall impose" shall be substituted by the words "the competent

authority shall impose"; and

(f) in sub-regulation (8) thereof the words "the Director

shall institute proceedings or cause proceedings to be instituted"

shall be substituted by the words "the competent authority may

request for proceedings to be instituted".

Regulation 9 of the principal regulations shall be amended

as follows

(a) in paragraph (i) of sub-regulation (1) thereof the

words "the Director" shall be substituted by the words "the

competent authority";

(b) in paragraph (a) of sub-regulation (3) thereof the

words "the Director" shall be substituted by the words "the

competent authority";

(c) sub-regulation (4) thereof shall be substituted by the

following new sub-regulation

"(4) In respect of proceedings for any offence

charged against these regulations, the Court may award in

favour of the Authority such costs and expenses incurred in

relation to these proceedings as it may deem proper,

including but not limited to the expenses incurred for the

storage, removal, transport and disposal of the imported

goods.".

€0.36