Basic information
Outline of the system
The FLEGT (Forest Law Enforcement, Governance and Trade) licensing scheme is a voluntary scheme to ensure that only legally harvested timber is imported into the UK from countries with which the UK concludes bilateral FLEGT Voluntary Partnership Agreements (VPAs). Under the scheme a partner country issues FLEGT licences for every shipment of timber products covered by the agreement exported to the UK. The release for free circulation in the UK of such shipments is conditional on the acceptance by the UK competent authority of the FLEGT licence. The competent authority may verify the authenticity of the FLEGT licence and its conformity with the shipment that it covers.
Product coverage
Timber products (defined in the Agreements by HS codes) exported from FLEGT partner countries to the UK are covered by a FLEGT licence issued by the licensing authority 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 UK be made subject to a system of checks and controls so that only FLEGT licensed timber will be imported to the UK.
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
Non-Automatic to protect human, animal or plant life or health; protect environment
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 UK can demonstrate that their exports of timber products to the UK are from legal sources. 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 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 an appropriate measure to protect the environment from illegal logging. An alternative approach could have been to rely on voluntary certification schemes; however, this would not provide the economies of scale or impact of a national approach and may not have adequately taken into account the role of producer governments in ensuring compliance with their relevant legislation.
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 I to XI are therefore not pertinent.
The system applies to products originating from which country?
FLEGT licensing scheme will be operational between the UK and Indonesia.
Expected duration of licensing procedure
Ongoing
Legal requirements
Is the licensing statutorily required?
• Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community and implementing regulations;
• 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;
• The Forest Law Enforcement, Governance and Trade Regulations 2012;
• The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018;
• The Environment and Wildlife (Legislative Functions) (EU exit) Regulations 2019;
• The Timber and Timber Products and FLEGT (Amendment) (EU Exit) Regulation 2020.
FLEGT licensing is a statutory requirement at country level for those countries that enter into bilateral FLEGT VPAs. Once the parties have decided to make the scheme operational the products in scope are listed in an annex to the VPA and the FLEGT Regulation.
The UK also transposed 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 into UK domestic law as the UK timber Regulation. Valid FLEGT licenses (and CITES permits) are considered to automatically comply with the requirements of the UK Timber Regulation.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The product list can be extended if both parties agree and the VPA is amended accordingly.
Is it possible for the government to abolish the system without legislative approval?
The VPA provides provisions for each party to terminate the VPA 12 months after notification if desired.
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?
There are no import licenses for FLEGT; only the exporting partner country, e.g. Indonesia, can issue a FLEGT license for export to the UK.
Is there a registration fee?
However, the UK importer will need to pay a fee of £9.60 to the UK Competent Authority for verification of the FLEGT licence.
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Office for Product Safety and Standards
Address
Lower Ground Floor, Victoria Square House, Victoria Square, Birmingham, B2 4AJ, UK
Telephone
+44 (0)121 3451200
Fax
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Office for Product Safety and Standards
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 exporting partner country. The format of the FLEGT licence is set out in an Annex of each FLEGT VPA. A UK importer needs to lodge the original of the FLEGT licence to the UK competent authority and the relevant copy with HMRC clearance hub.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Under the VPA a FLEGT licence is issued by the partner country before a shipment is exported. A UK importer of such a shipment does not need to apply for an import licence from the UK competent authority. A UK 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 UK competent authority (Office for Product Safety and Standards).
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 license 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
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.
Which administrative body is responsible for approving application of licences?
As indicated above, licenses are issued by the exporting country and not by the UK. Prior to export the importer should be provided with a FLEGT license which they share with UK Competent Authority for verification, after which HMRC clearance hub matches to relevant customs checks on arrival, but prior to release for free circulation.
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?
Yes.
What is the amount of the fee or charge?
The licensing fee is £9.60.
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable as the UK 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?
Have applicants a right of appeal in the event of refusal to issue a licence?
If so, to what bodies and under what procedures?
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 is cross referenced to the customs declaration 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. All other usual import requirements still apply.
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?
No, 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 are not transferable between importers. The FLEGT licence does name the importer; 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.