Basic information
Outline of the system
This section provides a description of the Forest Law Enforcement, Governance and Trade licensing scheme (FLEGT licensing) scheme as established under the EU FLEGT Regulation.
The FLEGT licensing scheme is a voluntary scheme to ensure that only legally produced timber products are imported into the EU from countries with which the EU concludes bilateral FLEGT Voluntary Partnership Agreements (VPAs). Under an operational FLEGT licensing scheme, a partner country issues FLEGT licences for every shipment of timber products covered by the VPA, exported to the EU. The release for free circulation in the EU of such shipments is conditional on the acceptance by EU FLEGT competent authorities of the FLEGT licence. EU FLEGT competent authorities may verify the authenticity of the FLEGT licence and its conformity with the shipment that it covers.
Product coverage
Under the FLEGT licensing scheme the EU has concluded FLEGT VPAs with a number of countries. Timber products (defined in the Agreements by HS codes) exported from FLEGT VPA partner countries to the EU are covered by a FLEGT licence issued by the licensing authority (-ies) of that country. The FLEGT licence demonstrates that the timber products have complied with relevant legislation as set out in the corresponding bilateral FLEGT VPAs. Once operational the implementation of the licensing scheme requires that imports of relevant timber products into the EU be made subject to a system of checks and controls so that only FLEGT licenced timber will be imported to the EU.
Please see Products - Harvested timber
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The FLEGT licensing system has been put in place so that countries exporting to the EU can demonstrate that their exports of timber products to the EU are legally produced. The scheme does not impose any restrictions neither in terms of quantity nor in terms of volumes to the imported goods. While the CITES Convention regulates trade in endangered species, including certain timber species, it does not cover the bulk of the timber trade. In the light of public concerns about imports of illegally harvested timber and products derived from such timber and the negative impact on perceptions of the timber sector a bilateral approach to address the issue together with interested countries, accompanied by capacity building measures, was considered appropriate. The EU also adopted a horizontal approach to the issue of illegal logging and associated trade through adoption of Regulation (EU) No, 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (OJ L 295, 12.11.2010, p. 23), also known as the EU Timber Regulation or EUTR. The EUTR and the VPAs are key elements of the FLEGT Action Plan. Valid FLEGT licences (and CITES permits) are considered to automatically comply with the requirements of the EUTR.
Questions for products under restriction as to the quantity or value of imports
The products concerned are not under restriction as to the quantity or value of imports. Replies from 6.1-6.11 are therefore not pertinent.
The system applies to products originating from which country?
The FLEGT licensing scheme applies only to imports from partner countries with which the EU has concluded FLEGT VPAs. These agreements place a legally binding obligation on the EU and on the partner country to implement the licensing scheme as set out in each VPA. To date, the EU has concluded FLEGT VPAs with: Cameroon, the Central African Republic, Ghana, Liberia, Indonesia, the Republic of Congo and Viet Nam. The EU has concluded negotiations and initialled a VPA with Honduras and Guyana. In order for a partner country to be able to issue FLEGT licences, it must put in place a timber legality assurance system and other measures outlined in the VPA. As of 15 November 2016, the FLEGT licensing scheme has become operational between the EU and Indonesia. The scheme is not yet operational for other VPA countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The licensing is statutorily required for those countries that enter into bilateral FLEGT VPAs, once the parties have decided to make the scheme operational.
The internal EU legal framework for the FLEGT licensing scheme is:
• 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 (OJ L 347, 30.12.2005, p. 1) and its subsequent amendment. A consolidated version of the Regulation can be consulted at the following address:
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02005R2173-202...
• Commission Regulation (EC) No 1024/2008 of 17 October 2008 laying down detailed measures for the implementation of Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (OJ L 277, 18.10.2008, p. 23):
https://eur-lex.europa.eu/legal-content/EN/TXT/?qid=1566906359238&uri=CE...
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The legislation does not leave designation of products to be subjected to licensing to administrative discretion.
Is it possible for the government to abolish the system without legislative approval?
Furthermore, it is not possible for the government (or the executive branch) to abolish the system without legislative approval.
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
All persons, firms and institutions are eligible to apply for licences.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
The information required to apply for a FLEGT licence is set out in the FLEGT VPA and is subject to the rules of the partner country. The format of the FLEGT licence is set out in an Annex of each FLEGT VPA but follows the general format set out in the Annex to Commission Regulation (EC) No 1024/2008 of 17 October 2008.
What documents is the importer required to supply with the application?
An EU importer needs to lodge the original of the FLEGT licence to the competent authority and the relevant copy with the customs authority of the EU Member State in which the shipment covered by that licence is declared for release for free circulation.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Under the agreements a FLEGT licence is issued when a shipment is exported from the partner country to the EU. An EU importer of such a shipment does not need to apply for an import licence from an EU competent authority. An EU importer shall lodge the original FLEGT licence, as issued at the time of export of the shipment from the partner country, for acceptance and verification with the competent authority of the EU Member State in which the shipment covered by that licence is declared for release for free circulation. An EU importer of such a shipment does not need to apply for an import licence from an EU competent authority but must present a copy of the FLEGT licence as issued at the time of export of the shipment from the partner country. If justified and subject to verification that the shipment meets the relevant conditions it is generally possible for a FLEGT licence to be re-issued by the partner country in case of unforeseen circumstances.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
Issuing the license
Can a licence be granted immediately on request?
The procedures established by the partner country determine whether a licence can be granted immediately upon request or not.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
As indicated above, licences are issued by the exporting country and not by the EU.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Evidence of compliance with relevant legislation, as set out in the relevant FLEGT VPA.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
EU Member States have discretion on whether to charge any administrative fee and the amount of the fee arising from official acts by competent authorities required for control purposes.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable as the EU does not issue the licences.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
The issuance of a licence is the responsibility of the partner country; the procedures in case of refusal are therefore subject to the partner countries' rules.
Are the reasons for any refusal given to applicants?
The issuance of a licence is the responsibility of the partner country; the procedures in case of refusal are therefore subject to the partner countries' rules.
Have applicants a right of appeal in the event of refusal to issue a licence?
The issuance of a licence is the responsibility of the partner country; the procedures in case of refusal are therefore subject to the partner countries' rules.
If so, to what bodies and under what procedures?
The issuance of a licence is the responsibility of the partner country; the procedures in case of refusal are therefore subject to the partner countries' rules.
Importation
Are there any limitations as to the period of year during which importation may be made?
There are no limitations as to the period of the year during which application for licence and/or importation may be made.
What documents are required upon actual importation?
A FLEGT licence cross referenced to the Single Administrative Document for release for free circulation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of validity of FLEGT licences from a given partner country is set out in the corresponding bilateral FLEGT VPA. The validity can be extended by the issuing country upon request if adequately justified.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilization of a licence or a portion of a licence.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The licences may be not transferable between importers, subject to each VPA requirements. The name of the importer on the FLEGT licence can however be amended by the issuing country upon request if adequately justified.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.