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Council Regulation (EC) No 2173/2005Show full title
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
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- Art. 2(2) words inserted by S.I. 2021/2 reg. 3(3)(a)
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- Art. 2(13) words substituted by S.I. 2018/1025, reg. 4(3)(h) (as substituted) by S.I. 2020/1315 reg. 2(3)(b)(iv)
- Art. 2(15)(16) inserted by S.I. 2018/1025 reg. 4(3)(i)
- Art. 2(15) words substituted in earlier amending provision S.I. 2018/1025, reg. 4(3)(i) by S.I. 2020/1315 reg. 2(3)(b)(v)
- Art. 8(1)(a) words substituted by S.I. 2018/1025 reg. 4(7)(a)(iii) (This amendment not applied to legislation.gov.uk. Reg. 4(7)(a) substituted immediately before IP completion day by S.I. 2020/1315, regs. 1(2), 2(3)(e)(i))
- Art. 8(1)(c) words substituted by S.I. 2018/1025 reg. 4(7)(a)(iv) (This amendment not applied to legislation.gov.uk. Reg. 4(7)(a) substituted immediately before IP completion day by S.I. 2020/1315, regs. 1(2), 2(3)(e)(i))
CHAPTER IU.K.SUBJECT MATTER AND DEFINITIONS
Article 1U.K.
1.This Regulation establishes a Community set of rules for the import of certain timber products for the purposes of implementing the FLEGT licensing scheme.
2.The licensing scheme shall be implemented through Partnership Agreements with timber producing countries.
3.This Regulation shall apply to imports of timber products set out in Annexes II and III from partner countries listed in Annex I.
Article 2U.K.
For the purposes of this Regulation the following definitions shall apply:
1.
‘Forest Law Enforcement, Governance and Trade licensing scheme’ (hereinafter referred to as FLEGT licensing scheme) means the issuing of licences for timber products for export to the Community from partner countries and its implementation in the Community, in particular in Community provisions on border controls;
2.
‘partner country’ means any State or regional organisation that enters into a Partnership Agreement, as listed in Annex I;
3.
‘Partnership Agreement’ means an agreement between the Community and a partner country by which the Community and that partner country undertake to work together in support of the FLEGT Action Plan and to implement the FLEGT licensing scheme;
4.
‘regional organisation’ means an organisation consisting of sovereign states that have transferred competence to that organisation, granting it the capacity to enter into a Partnership Agreement on their behalf, in respect of matters governed by the FLEGT licensing scheme, as listed in Annex I;
5.
‘FLEGT licence’ means a shipment-based or market participant-based document of a standard format which is to be forgery-resistant, tamper-proof, and verifiable, and which refers to a shipment as being in compliance with the requirements of the FLEGT licensing scheme, duly issued and validated by a partner country’s licensing authority. Systems for issuing, recording and communicating licences may be paper-based or based on electronic means, as appropriate;
6.
‘market participant’ means an actor, private or public, involved in forestry or transformation or trade of timber products;
7.
‘licensing authority(ies)’ means the authority(ies) designated by a partner country to issue and validate FLEGT licences;
8.
‘competent authority(ies)’ means the authority(ies) designated by Member States to verify FLEGT licences;
9.
‘timber products’ means the products set out in Annexes II and III, to which the FLEGT licensing scheme applies, and which, when imported into the Community, cannot be qualified as ‘goods of a non-commercial nature’ as defined in point 6 of Article 1 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(1);
10.
‘legally produced timber’ means timber products produced from domestic timber that was legally harvested or timber that was legally imported into a partner country in accordance with national laws determined by that partner country as set out in the Partnership Agreement;
11.
‘imports’ means the release for free circulation of timber products within the meaning of Article 79 of Council Regulation (EEC) No 2913/1992 of 12 October 1992 establishing the Community Customs Code(2)
12.
‘shipment’ means a shipment of timber products;
13.
‘export’ means the physical leaving or taking out of timber products from any part of the geographical territory of a partner country to bring them into the Community;
14.
‘third-party monitoring’ means a system through which an organisation that is independent of a partner country's government authorities and its forest and timber sector monitors and reports on the operation of the FLEGT licensing scheme.
CHAPTER IIU.K.FLEGT LICENSING SCHEME
Article 3U.K.
1.The FLEGT licensing scheme shall apply only to imports from partner countries.
2.Each Partnership Agreement shall specify an agreed schedule for implementing the commitments entered into by that Agreement.
Article 4U.K.
1.Imports into the Community of timber products exported from partner countries shall be prohibited unless the shipment is covered by a FLEGT licence.
[F12. In order to provide the necessary assurance as to the legality of the timber products concerned, the Commission shall assess existing schemes that guarantee the legality and reliable tracking of timber products exported from partner countries, and adopt implementing acts to approve them. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(3).
The schemes approved by the Commission may form the basis of a FLEGT licence.
3. Timber products of species listed in Annexes A, B and C to Council Regulation (EC) No 338/97 (3) shall be exempt from the requirement laid down in paragraph 1 of this Article.
The Commission shall review that exemption, taking into account market developments and the experience gained in the implementation of this Regulation, shall report on its findings to the European Parliament and to the Council and, if necessary, shall come forward with appropriate legislative proposals.]
Textual Amendments
Article 5U.K.
1.A FLEGT licence covering each shipment shall be available to the competent authority at the same time as the customs declaration for that shipment is presented for release for free circulation in the Community. The competent authorities shall keep a record — in electronic or paper format — of the original FLEGT licence together with the corresponding customs declaration.
Import of timber products under a FLEGT licence issued to a market participant shall be accepted as long as the market participant’s licence remains valid.
2.The competent authorities shall provide the Commission, or persons or bodies designated by the Commission, with access to the relevant documents and data, should problems arise which impair the effective operation of the FLEGT licensing scheme.
3.The competent authorities shall grant to the persons or bodies designated by partner countries as being responsible for the third party monitoring of the FLEGT licensing scheme access to the relevant documents and data, but the competent authorities shall not be required to provide any information which they are not permitted to communicate pursuant to their national law.
4.The competent authorities shall decide on the need for further verification of shipments using a risk-based approach.
5.In case of doubt as to the validity of the licence, the competent authorities may ask the licensing authorities for additional verification and seek further clarification, as set out in the Partnership Agreement with the exporting partner country.
6.Member States may collect fees to cover the necessary expenses arising from official acts by competent authorities required for control purposes under this Article.
7.Customs authorities may suspend the release of or detain timber products where they have reason to believe that the licence may not be valid. Costs incurred while the verification is completed shall be at the expense of the importer, except where the Member State concerned determines otherwise.
8.Each Member State shall determine the penalties to be imposed where the provisions of this Regulation are infringed. Such penalties shall be effective, proportionate and dissuasive.
[F19. In order to ensure uniform conditions for the implementation of this Article, the Commission shall, by means of implementing acts, adopt the procedural modalities and the documents of a standard format, including their possible means. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(3).]
Textual Amendments
Article 6U.K.
1.If competent authorities establish that the requirement laid down in Article 4(1) is not fulfilled, they shall act in accordance with national legislation in force.
2.Member States shall notify the Commission of any information suggesting that the provisions of this Regulation are being, or have been, circumvented.
Article 7U.K.
1.Member States shall designate the competent authorities responsible for implementing this Regulation and for communicating with the Commission.
2.The Commission shall provide all competent authorities of the Member States with the names and other relevant details of the licensing authorities designated by partner countries, authenticated specimens of stamps and signatures attesting that a licence has been legally issued, and any other relevant information received in respect of licences.
[F2Article 8 U.K.
1. Member States shall make available to the public and to the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year.
2. The Commission shall establish, by means of implementing acts, the format and the procedure for Member States to make available the information referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(3).
3. Based on the information referred to in paragraph 1, the Commission services shall make publicly available, on an annual basis, a Union-wide overview on the basis of the data submitted by Member States.]
Textual Amendments
F2 Substituted by Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (Text with EEA relevance).
CHAPTER IIIU.K.GENERAL PROVISIONS
[F2Article 9 U.K.
By December 2021 and every five years thereafter, the Commission shall, on the basis of information, in particular the information referred to in Article 8(1), and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In doing so, it shall take into account the progress on implementation of the voluntary Partnership Agreements. The Commission shall report to the European Parliament and to the Council on the result of the review every five years and accompany such reports where appropriate, by proposals for improvement of the FLEGT licensing scheme.]
Textual Amendments
F2 Substituted by Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (Text with EEA relevance).
[F1Article 10 U.K.
1. The Commission shall be empowered to adopt delegated acts in accordance with Article 11a to amend the list of partner countries and their designated licensing authorities as set out in Annex I.
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 11a to amend the list of timber products as set out in Annex II to which the FLEGT licensing scheme applies. In adopting those amendments, the Commission shall take into account the implementation of the FLEGT Partnership Agreements. Such amendments shall comprise commodity codes, at four-digit heading level or six-digit subheading level of the current version of Annex I to the Harmonised Commodity Description and Coding System.
3. The Commission shall be empowered to adopt delegated acts in accordance with Article 11a to amend the list of timber products as set out in Annex III to which the FLEGT licensing scheme applies. In adopting those amendments, the Commission shall take into account the implementation of the FLEGT Partnership Agreements. Such amendments shall comprise commodity codes, at four-digit heading level or six-digit subheading level of the current version of Annex I to the Harmonised Commodity Description and Coding System and shall only apply in relation to the corresponding partner countries as set out in Annex III.]
Textual Amendments
Article 11U.K.
[F11. The Commission shall be assisted by the Forest Law Enforcement Governance and Trade (FLEGT) Committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011 of the European Parliament and of the Council (4) .]
F32.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.]
F34.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
[F4Article 11a U.K. Exercise of the delegation
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 10(1), (2) and (3) shall be conferred on the Commission for a period of five years from 30 June 2014 . The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 10(1), (2) and (3) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 10(1), (2) and (3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by four months at the initiative of the European Parliament or of the Council.]
Textual Amendments
Article 12U.K.
This Regulation shall enter into force on the day of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
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