FOREST LAW ENFORCEMENT, GOVERNANCE AND TRADE LICENSING SCHEME REGULATIONS

SUBSIDIARY LEGISLATION 549.95

FOREST LAW ENFORCEMENT, GOVERNANCE

AND TRADE LICENSING SCHEME

REGULATIONS

27th March, 2015

LEGAL NOTICE 115 of 2015, as amended by Legal Notice 255 of 2025.

The title of these regulations is the Forest Law

E n f o r c e m e n t , G o v e r n a n c e a n d Tr a d e L i c e n s i n g S c h e m e

Regulations.

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,

Commission Delegated Regulation (EU) 2016/1387 of 9

June 2016 and Regulation (EU) 2019/1010 of the

European Parliament and of the Council of 5 June 2019,

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 Environment and Resources

Authority as established by article 6 of the Environment Protection

Act;

"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 products as defined in article 2 of Regulation

(EC) No 2173/2005.

(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 competent authority shall be responsible for the

implementation of these regulations, Regulation (EC) No. 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

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) An officer authorised by the competent authority shall

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

out his functions in accordance with these regulations and upon

production of an identification document

(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 competent authority 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 competent

authority 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 competent authority;

(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.