S.L. 549.94 Art. 7Notice of remedial actions.

(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.