Law (2014:1009) On Trade In Timber And Timber Products

Original Language Title: Lag (2014:1009) om handel med timmer och trävaror

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2014:1009

Introductory provisions



section 1 of this Act supplements



1. European Parliament and Council Regulation (EU) no 995/2010

of 20 October 2010 laying down obligations for

operators who place timber and timber products on the

market, and



2. regulations adopted with the support of the European Parliament's

and Council Regulation (EU) no 995/2010.



The words and expressions used in this law have the same

importance of Regulation (EU)

No 995/2010.



"Competent authority"



section 2 of The Government authority determines jurisdiction

authority in accordance with the European regulations referred to in article 1 and

According to this law.



Control



section 3 of The competent authority shall exercise control of



1. that the European regulations referred to in section 1 and the decisions

has been granted on the basis of EU regulations are respected, and



2. that this Act, the regulations issued in connection

to the law and the decisions handed down on the basis of the law

is followed.



The competent authority shall also ensure that the

decisions and rules are followed.



Article 4 the competent authority to the extent that

needed to control the right to



1. at the request of information, take note of the documents and

registry, and



2. get access to areas, facilities and other facilities

related to the activities of the control and where the

conduct research and take samples of timber and timber products

can be obtained from illegally logged timber.



The right of access does not apply to housing.



5 § the competent authority may, in connection with the control of a

operators decide to at this take care of timber

or timber products placed on the market of

the operator if it is clear that timber or

timber originating from illegal logging. Such

disposal may be for a maximum period of six months.



Injunctions and prohibitions



6 § except as permitted by the regulations referred to in

section 1, the competent authority shall notify the injunctions and

ban needed to



1. the European regulations referred to in section 1 and the decisions

granted on the basis of EU regulations will be followed, and



2. in this Act, the regulations made in relation to

the law and the order issued pursuant to the Act,

be followed.



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7 § Injunctions or prohibitions under the European regulations

specified in section 1 or under section 6, may be subject to a penalty.



However, the competent authority may not submit to anyone at

penalty to participate in an investigation of an offence that could lead

the punishment for him or her.



The use of police authority



section 8 of the police authority shall, on request of the competent

authority with the necessary assistance to



1. exercise control under section 3, or



2. enforce an order issued pursuant to the

EU regulations referred to in section 1 or under this

team.

The aid referred to in the first subparagraph may be requested only if



1. due to the particular circumstances give reason to suspect that

the operation cannot be carried out without the police man's special

powers under section 10 of the Police Act (1984:387) need

be used, or



2. otherwise, there are exceptional circumstances.



Penalty



section 9 to a fine or imprisonment not exceeding six months convicted the

who wilfully or negligently contravenes the prohibition laid down in

Article 4(1), in conjunction with article 2, of the European Parliament and of the

Council Regulation (EU) no 995/2010 of 20 October 2010, in

the original wording, placing timber from illegal

logging or timber products derived from such timber on the

market, if harvesting has occurred in violation of the provisions of

the country of harvest in the case of



1. authorization or approval;



2. notification or notification to an authority or

the prescribed period after such notification or

intelligence,



3. terms and conditions of a permit or of a decision on

approval,



4. perimeter protection for the protection of specific habitats or species;

or



5. authorization or prohibition in the case of export. In call cases

It should not be responsible.



If the deed is subject to the same or stricter penalties

under the criminal code or under 29 Cape. 2 (b) § the Swedish environmental code,

shall not be liable under this section.



10 § whoever violated a fines may not be

to liability under this Act for the offence covered by

the injunction.



Forfeiture



section 11 of the timber and timber products was the subject of the offence under

section 9 or the value thereof and the exchange of such an offence to be

be declared forfeited, unless it is manifestly unreasonable.



Appeal, etc.



12 § the competent authority may provide that a decision taken by the

authority in accordance with the European regulations referred to in section 1 or

This Act shall take effect immediately while it appealed.



section 13 Decision by the competent authority pursuant to the

EU regulations referred to in section 1 of this Act and may be appealed

to the General Administrative Court.



Leave to appeal is required in the case of appeal to the administrative court.