TIMBER AND TIMBER PRODUCTS (PLACING ON THE MARKET) REGULATIONS

SUBSIDIARY LEGISLATION 549.94

TIMBER AND TIMBER PRODUCTS

(PLACING ON THE MARKET) REGULATIONS

13th March, 2015

LEGAL NOTICE 79 of 2015, as amended by Legal Notice 256 of 2025.

The title of these regulations is the Timber and Timber

Products (Placing on the Market) Regulations.

(1) 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.

(1) In these regulations, unless the context otherwise

requires

"authorised officer" means a person duly authorised by the

competent authority to carry out inspections and other functions

related to the enforcement and implementation of any provision of

these regulations;

"competent authority" means the Environment and Resources

Authority as established in article 6 of the Environment Protection Act;

"the Implementing Regulation" means Commission

Implementing Regulation (EU) No 607/2012 of 6 July 2012 on

detailed rules concerning the due diligence system and the

frequency and nature of the checks on monitoring organizations 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;

"internal market" means the internal market of the European

Union;

"notice of remedial actions" means a notice served upon an

operator in accordance with regulation 7;

"operator" means any natural or legal person that places timber

or timber products on the EU market for the first 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" or "timber and timber products" means timber and timber

products as defined in Article 2 of Regulation (EU) No 995/2010.

(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 (EU) No 995/2010.

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

provisions of Regulation (EU) No 995/2010, the latter shall prevail.

The competent authority shall be responsible for the

implementation of

(a) Regulation (EU) No 995/2010;

(b) the Implementing Regulation; and

(c) Commission Delegated Regulation (EU) No 363/2012

of 23 February 2012 on the procedural rules for the

recognition and withdrawal of recognition of

monitoring organizations as provided for in the

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.

(1) An officer authorised by the competent authority shall

have the power to, at all reasonable times, for the purposes of

carrying out his functions under these regulations and upon

production of identification

(a) to enter into premises after giving prior notice

Provided that the requirement to give prior notice does

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 operator shall provide all reasonable assistance to any

authorised 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 authorised officer;

(b) make available for examination any timber as may be

required.

For the purposes of enforcing the provisions of these

regulations, the competent authority may request the assistance of

members of the Police Force and of the Comptroller of Customs.

(1) Where the competent authority has reasonable cause to

believe that any person has contravened or failed to comply with

any provision of Articles 4 and 5 of Regulation (EU) No 995/2010

and Article 5 of the Implementing Regulation, the competent

authority may serve in writing a notice of remedial actions, on such

person in accordance with sub-regulation (2).

(2) A notice of remedial actions served in terms of sub-

regulation (1) shall specify

(a) the nature of the offence;

(b) the facts upon which the allegation that an offence has

been committed is based;

(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;

(d) the period within which any such measures must be

taken, as is reasonable in the circumstances.

(3) In addition to the notice of remedial actions, the competent

authority may, as an interim measure, prohibit the placing on the

market of the timber until the remedial actions as specified in the

notice are carried out

Provided that the grounds for taking such measures shall be

specified in the notice

Provided further that an authorised officer may mark the

timber subject to the notice of remedial actions in any way for

identification purposes.

(4) Any notice of remedial actions sent by the competent

authority shall be deemed to have been delivered and duly notified

if it is physically delivered or sent by registered post to the person

at his place of residence or business or place of work or postal

address of such person.

(1) Where any person fails to comply with a notice served

in accordance with regulation 7 within the time specified therein,

the competent authority may serve a notice in writing in accordance

with sub-regulation (2) to be served on that person.

(2)

A notice under sub-regulation (1) shall specify

(a) the date and nature of the offence;

(b) a summary of the facts upon which the allegation that

an offence has been committed is based (being a

sufficient summary fully and fairly to inform the

person of the allegation against him);

(c) any other matter (not being previous convictions) that

the competent authority considers relevant to the

imposition of a penalty; and

(d) the amount of the penalty due and, where the penalty

due depends on a previous conviction, the date of such

conviction;

(e) any other sanction applicable, including but not limited to

the forfeiture of any timber acquired in violation of these

regulations,

and shall be endorsed on a statement setting out the provisions of

this regulation.

(3) Any person on whom a notice under sub-regulation (1) is

served may, within thirty days after such service, by notice in

writing served on the competent authority, require that proceedings

in respect of the alleged offence shall be dealt with by the Court, in

which case the following provisions shall apply

(a) no further proceedings shall be taken under this

regulation by the competent authority; and

(b) nothing in this regulation shall be construed as

preventing the institution of any proceedings in respect

of the alleged offence or the conviction of the person

for the offence by the Court or the imposition of any

penalty or forfeiture under these regulations upon such

conviction.

(4) Any person on whom a notice under sub-regulation (1) is

served who does not wish that proceedings in respect of the alleged

offence be dealt with by the Court may, within thirty days after

such service, by notice in writing served on the competent authority

(a) admit the offence;

(b) pay the amount of the penalty to the competent

authority within thirty days after the penalty notice is

served or after such subsequent period as the competent

authority may determine; and

(c) take the necessary remedial actions

to

ensure

conformity with these regulations.

(5) Where under this regulation a person admits an offence, the

competent authority shall impose a monetary penalty on that person

in respect of the offence amounting to one-third of the maximum

penalty to which the person would be liable if he were convicted of

the offence by the Court.

(6) The penalty imposed under sub-regulation (5) shall be due

as civil debt enforceable by the competent Court of civil

jurisdiction in favour of the Government and the declaration by the

person on whom the penalty is imposed that he admits the charge

shall constitute an executive title for the purposes of article 253 of

the Code of Organization and Civil Procedure in the same manner

as if it were a judgement of the competent Court of civil

jurisdiction.

(7) Notwithstanding any other provision of these regulations or

of any other enactment, where an offence has been admitted under

this article no charge may be laid in respect of the offence against

any person by whom it has been admitted.

(8) Where a person on whom a notice under sub-regulation (1)

is served does not, within thirty days after the notice is served on

him, admit the offence, the competent authority may request for

proceedings to be instituted before the Court in respect of the alleged

offence.

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

regulations if he

(a) fails to comply with the prohibition on placing

illegally harvested timber on the market in accordance

with Article 4(1) of Regulation (EU) No 995/2010;

(b) fails to comply with the obligation to exercise due

diligence and maintain and regularly evaluate the due

diligence system in accordance with Articles 4(2) and

(3) of Regulation (EU) No 995/2010;

(c) fails to comply with the obligation of traceability in

terms of Article 5 of Regulation (EU) No 995/2010;

(d) fails to comply with the record-keeping obligation in

accordance with Article 5 of the Implementing

Regulation;

(e) fails to comply or contravenes any provision of these

regulations or fails to comply with any order lawfully

given in terms of any provision of Regulation (EU) No

995/2010, the Implementing Regulation or these

regulations;

(f)

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;

(g) 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 authorised under these regulations;

(h) 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;

(i)

alters, forges, counterfeits or destroys any document

presented to or issued by the competent authority under

these regulations.

(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 relating to sub-regulation (1)(a),

(b), (g), (h) and (i), to a fine (multa) of not less than

two thousand and five hundred euro (€2,500) but not

exceeding twenty-five thousand euro (€25,000);

(b) on a first conviction relating to sub-regulation (1)(c),

(d), (e) and (f), to a fine (multa) of not less than one

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

exceeding five thousand euro (€5,000);

(c) 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 competent authority;

(b) suspend for a period as the Court may deem proper,

not being less than one month, any licence or permit

held by the offender and related to any trade or

business to which the offence relates;

(c) impose an additional fine equivalent to the estimated

economic benefit which the convicted person derived

from the commission of the offence or would have

derived had the offence remained undetected; and

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

not less than thirty days and not exceeding two years.

(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.

In any proceedings for an offence under these regulations

consisting of a failure to comply with Articles 4 and 5 of

Regulation (EU) No 995/2010 and Article 5 of the Implementing

Regulation, it shall be for the accused to prove (as the case may be)

that all the necessary due diligence was in fact done to satisfy the

duty or requirement, or that there was no better practicable means

than was in fact used to satisfy the duty or requirement.

(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

C r i m i n a l C o d e , p r o c e e d i n g s f o r a n o ff e n c e a g a i n s t t h e s e

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.