Assessment of compliance with the harvesting criteria at national or sub-national level
Article 3
1. Member States shall require economic operators to provide audited information establishing compliance with the harvesting criteria at national or sub-national level. To that end, economic operators shall carry out a risk-based assessment which provides accurate, up-to-date and verifiable evidence of all the following elements: (a) the country of harvest, and, where applicable, the sub-national region where the forest biomass was harvested; and (b) that the national or sub-national law applicable to the area of harvest ensures: (i) the legality of harvesting operations, which shall be proven by providing evidence of compliance of harvesting with the applicable legislation in the country of harvest, as set out in point (h) of Article 2 of Regulation (EU) No 995/2010 of the European Parliament and of the Council ( 6 ) ; (ii) forest regeneration, which may be proven by providing evidence that the applicable laws require natural or artificial regeneration, or a combination of both, aiming at the establishment of a new forest in the same area and within an appropriate period according to the relevant national legislation; (iii) the effective protection of areas designated by international or national law, or by the relevant competent authority, for nature protection purposes, including in wetlands and peatlands; (iv) that forest harvesting is carried out in a way that minimises negative impacts on soil quality and biodiversity, which may be proven by providing evidence that the applicable law, or relevant forest management rules: (1) requires that primary forests and areas protected under 1(b)(iii) are not degraded to or replaced by plantation forests, which may include, but should not be limited to, safeguarding that the regenerated forest area provides for a locally appropriate and adequate amount of plants and tree species; (2) provides for the protection of soils and of species and habitats including those protected by international or national law. To facilitate the work of economic operators, Member States shall endeavour to provide data on site-specific environmental features; and (3) minimises, where appropriate, the removal of stumps, roots and deadwood; (v) that the long-term production capacity of the forest is maintained or increased, which may be proven by providing evidence that the applicable law at national or sub-national level ensures that, based on average annual data, the fellings do not exceed the net increment over an appropriate period according to the relevant national legislation, except in cases where it is temporarily justified due to documented forest pests, storms or other natural disturbances. That may be proven by using: (1) national forest inventory reports; (2) providing the evidence referred to in Article 5(ii); or (3) similar inventory reports at sub-national level; (c) the existence of systems for ensuring monitoring of implementation and enforcement of the national and sub-national laws referred to in paragraph (b), including information on the following elements: the authorities competent for carrying out monitoring, implementation and enforcement, sanctions for non-compliance, systems for appealing against decisions, and public access to information; (d) that there is no significant lack of enforcement of the national and/or sub-national laws and regulations referred to in point (b). 2. With regard to the evidence required by point (d) of paragraph 1, economic operators shall take into account any legal assessments and reports, prepared by national or international governmental organisations, detailing a lack of enforcement of the national or sub-national laws referred to in point (b) of paragraph 1. Any on-going relevant infringement procedure brought by the European Commission against a Member State, on the basis of relevant Union legislation, shall be also taken into account. The existence of a ruling of the Court of Justice against a Member State, for the violation of relevant Union legislation, such as Regulation (EU) No 995/2010, shall be considered evidence of such a lack of enforcement. 3. In order to minimise the administrative burden for economic operators, Member States may establish public databases with up-to-date information on the elements referred to in this Article and shall facilitate access to information, including public spatial data and public inventories, to operators. Member States may provide relevant training to this effect. 4. Economic operators may decide to demonstrate directly compliance with the harvesting criteria at sourcing area level in accordance with Article 4.