UKTR and FSC
The Timber and Timber Products Placing on the Market Regulations (UKTR) and UK FLEGT Regulations have applied in Great Britain since 1 January 2021. These regulations affect all those that first place timber on the UK market, as well as traders further down the supply chain.
UK Timber Regulation (UKTR)
The Timber and Timber Products (Placing on the Market) Regulations 2013 is the UK domestic legislation which is designed to prevent illegally harvested timber entering the UK. There are two separate parts to the regulation:
- Timber regulations
- Forest Law Enforcement, Governance and Trade Regulations (FLEGT)
The Office for Product Safety and Standards (OPSS) has been appointed by Defra to enforce the regulations in the UK, checking that appropriate records are maintained by traders and operators, ensuring that the due diligence systems of operators are fit for purpose, and can verify FLEGT licences.
The UK government established its own UK timber regulation and UK FLEGT regulation which has the same requirements as the European Union Timber Regulation (EUTR) system. This ensures the UK has a sustainable timber industry and continues to play a leading role in tackling illegal imports.
The Office for Product Safety and Standards (OPSS) has produced a guidance document on UK timber legislation which can be found here.
UKTR replaced The EU Timber Regulation (EUTR) in the UK, which came into force in 2013, making it illegal to place illegally harvested timber and timber products on the EU market. The EUTR has been replaced by the European union regulation on deforestation-free products (EUDR).
Follow the link for more information on how UK businesses could be affected by the EUDR and how FSC can support compliance.
UKTR, compliance for Operators and Traders
Businesses trading timber within the UK need to be aware who they bought the timber from and who they sold it to (if it was to another business), regardless of species, product or country of origin.
To comply with their obligation timber traders will be required to tell OPSS:
- Who they bought the timber from
- Who they sold it to (regardless of species, product or country of origin), through evidence such as an invoice
- Both traders and operators (importers) will be required to keep records for 5 years
Operators are required to exercise due diligence to ensure that timber and timber products have not been illegally harvested.
Importers of timber from third countries have to carry out due diligence checks, except if they are importing from a country which has an operational Voluntary Partnership Agreement (VPA) in place and that import is covered by a FLEGT license.
FSC as a tool for compliance for UKTR
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How can FSC certification be used in UKTR assessment and mitigation?
FSC is a useful tool for risk mitigation but is not an automatic green lane for UKTR.FSC certification is a good way of demonstrating you have mitigated risks in your supply chain.
However, if you simply submitted an FSC certificate in itself as a due diligence system then this would not be considered sufficient. But if you have all relevant information and evidence of where your timber comes from, an FSC certificate attached to that and evidence that the timber is FSC certified can be a way of demonstrating that risks have been mitigated.
It should be noted that individual FSC certificates only cover one part of a supply chain and will only apply to the products and species within scope. Even if a product is within scope, it is still important to ensure that FSC certification has been requested, as companies may sell both FSC and non-FSC products, or even certified and uncertified versions of the same product.
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If FSC certification is not a ‘green lane’ then what extra information is needed?
In addition to ensuring FSC certification, you would need to perform due diligence on your imports – to have all relevant information regarding the species and location of its harvest, and any documentation related to its transit and perform a risk analysis. If the risks are found to be non-negligible then you would need to demonstrate that the risk has been mitigated, which may include evidence of FSC certification.
There is a requirement under the FSC chain of custody standard that obligates FSC certificate holders to provide information on species and country of harvest, where this is required in order to comply with legislation, such as UKTR.
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As an operator under UKTR, would full compliance with evaluating non-certified and certified timber via an FSC Controlled Wood Risk assessment, for example, be acceptable?
You would need to perform a risk assessment not only on the where the timber is harvested but also on those countries in which the product is traded or processed. If the risks are not negligible then you would need to mitigate these risks. Other processes, such as FSC certification, may assist in mitigating that risk to negligible.
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Does FSC have any plans for FSC certification to cover the whole supply chain and become a green lane to UKTR?
It is up to the relevant policy owners to decide how (FSC) certification can be used to meet timber legislation. FSC works to ensure it meets the requirements for certification schemes to be considered applicable to risk mitigation etc. under timber legislation.
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If I am a UK company and compliant with UKTR does this mean that I don’t have to do anything for EUDR?
UK traders and operators must be compliant with UKTR and are NOT bound by the new EUDR legislation. However, if any UK company imports wood or wood products in scope for the EUDR from the EU or sells back to the EU they will be required to record and pass on information and data if they are to trade with any entity within the EU.
It is important to know that whilst FSC certification can support your evidence requirements for the EUDR, it is not a green lane to EUDR.
More information
Webinar: Are You Ready for the UK Timber Regulation?
FSC Forest Management Certification
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