This document is an excerpt from the EUR-Lex website
Document 02005R2173-20200101
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
Consolidated text: 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
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
02005R2173 — EN — 01.01.2020 — 003.001
This text is meant purely as a documentation tool and has no legal effect. The Union's institutions do not assume any liability for its contents. The authentic versions of the relevant acts, including their preambles, are those published in the Official Journal of the European Union and available in EUR-Lex. Those official texts are directly accessible through the links embedded in this document
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) |
Amended by:
|
|
Official Journal |
||
No |
page |
date |
||
REGULATION (EU) No 657/2014 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 May 2014 |
L 189 |
108 |
27.6.2014 |
|
COMMISSION DELEGATED REGULATION (EU) 2016/1387 of 9 June 2016 |
L 223 |
1 |
18.8.2016 |
|
REGULATION (EU) 2019/1010 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 June 2019 |
L 170 |
115 |
25.6.2019 |
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
CHAPTER I
SUBJECT MATTER AND DEFINITIONS
Article 1
Article 2
For the purposes of this Regulation the following definitions shall apply:
‘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;
‘partner country’ means any State or regional organisation that enters into a Partnership Agreement, as listed in Annex I;
‘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;
‘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;
‘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;
‘market participant’ means an actor, private or public, involved in forestry or transformation or trade of timber products;
‘licensing authority(ies)’ means the authority(ies) designated by a partner country to issue and validate FLEGT licences;
‘competent authority(ies)’ means the authority(ies) designated by Member States to verify FLEGT licences;
‘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 );
‘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;
‘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 )
‘shipment’ means a shipment of timber products;
‘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;
‘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 II
FLEGT LICENSING SCHEME
Article 3
Article 4
The schemes approved by the Commission may form the basis of a FLEGT licence.
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.
Article 5
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.
Article 6
Article 7
Article 8
CHAPTER III
GENERAL PROVISIONS
Article 9
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.
Article 10
Article 11
▼M1 —————
▼M1 —————
Article 11a
Exercise of the delegation
Article 12
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.
ANNEX I
PARTNER COUNTRIES AND THEIR DESIGNATED LICENSING AUTHORITIES
Partner country |
Designated licensing authorities |
THE REPUBLIC OF INDONESIA |
Licence Information Unit (LIU) (1) Ministry of Environment and Forestry Gedung Manggala Wanabakti Blok I Lantai 2 Jln. Gatot Subroto — Senayan Jakarta — Pusat — Indonesia — 10270 Phone: +62 21 5730268/269 Fax +62 21 5737093 Email: subditivlk@gmail.com; marianalubis1962@gmail.com |
(1)
According to Article 4(4) of the VPA, a Licence Information Unit (LIU) has been established by Indonesia to serve as a contact point for communications between EU Member States competent authorities and the Indonesian Licensing Authorities. The LIU is an information management unit which validates information concerning V-Legal Document/FLEGT licence issuance. The LIU is also responsible for general information exchange on the TLAS, and receives and stores relevant data and information on the issuance of certificates of legality and FLEGT licences. It also responds to queries from competent authorities of trading partners and stakeholders. Some of the verification bodies, which are conformity assessment bodies accredited by the Indonesian National Accreditation Body (KAN), are authorized and overseen by the Indonesian Ministry of Forestry and Environment to act as licensing authorities. An updated list of authorized licensing authorities is available through the LIU and also at the link: http://silk.dephut.go.id/index.php/info/lvlk. |
ANNEX II
Timber products to which the FLEGT licensing scheme applies irrespective of the partner country
HS heading |
Description |
4403 |
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared |
4406 |
Railway or tramway sleepers (cross-ties) of wood |
4407 |
Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm |
4408 |
Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for other similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm |
4412 |
Plywood, veneered panels and similar laminated wood |
ANNEX III
Timber products to which the FLEGT licensing scheme applies only in relation to the corresponding partner countries
Partner country |
HS heading |
Description |
THE REPUBLIC OF INDONESIA |
CHAPTER 44 |
|
|
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms. |
|
4401 21 |
– Wood in chips or particles – – coniferous |
|
ex 4401 22 |
– Wood in chips or particles – – non coniferous (not from bamboo nor rattan) |
|
4403 |
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared. (Prohibited from export under the Indonesian law. In line with Article 3(3) of the Voluntary Partnership Agreement between the European Union and the Republic of Indonesia on forest law enforcement, governance and trade in timber products into the European Union (hereinafter referred to as the ‘EU-Indonesia VPA’) (1), products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). |
|
ex 4404 10 |
Chipwood and the like – coniferous |
|
ex 4404 20 |
Chipwood and the like – non coniferous – – Chipwood |
|
ex 4404 |
Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed, but not turned, bent or otherwise worked, suitable for the manufacture of walking sticks, umbrellas, tool handles or the like. (Prohibited from export under the Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). |
|
4406 |
Railway or tramway sleepers (cross ties) of wood. (Prohibited from export under Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). |
|
ex 4407 |
Wood sawn or chipped lengthwise, sliced or peeled, planed, sanded or end jointed, of a thickness exceeding 6 mm. |
|
ex 4407 |
Wood sawn or chipped lengthwise, sliced or peeled, not planed, not sanded or not end jointed, of a thickness exceeding 6 mm. (prohibited from export under Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). |
|
|
Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end jointed, of a thickness not exceeding 6 mm |
|
4408 10 |
– Coniferous |
|
4408 31 |
Dark Red Meranti, Light Red Meranti, and Meranti Bakau |
|
4408 39 |
Other, except coniferous, Dark Red Meranti, Light Red Meranti, and Meranti Bakau |
|
ex 4408 90 |
Other, except coniferous and tropical wood specified in Subheading Note 2 to this chapter (not from bamboo nor rattan) |
|
|
Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end jointed. |
|
4409 10 |
– Coniferous |
|
ex 4409 29 |
– Non coniferous – other (not from rattan) |
|
|
Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances |
|
ex 4410 11 |
– Of wood – – Particle board (not from bamboo nor rattan) |
|
ex 4410 12 |
– Of wood – – Oriented strand board (OSB) (not from bamboo nor rattan) |
|
ex 4410 19 |
– Of wood – – Other (not from bamboo nor rattan) |
|
ex 4411 |
Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances (not from bamboo nor rattan) |
|
|
Plywood, veneered panels and similar laminated wood |
|
4412 31 |
– Other plywood, consisting solely of sheets of wood (other than bamboo), each ply not exceeding 6 mm thickness: – – With at least one outer ply of tropical wood specified in Subheading Note 2 to this Chapter |
|
4412 32 |
– Other plywood, consisting solely of sheets of wood (other than bamboo), each ply not exceeding 6 mm thickness: – – Other, with at least one outer ply of non-coniferous wood |
|
4412 39 |
– Other plywood, consisting solely of sheets of wood (other than bamboo), each ply not exceeding 6 mm thickness: – – Other |
|
ex 4412 94 |
– Other: – – Blockboard, laminboard and battenboard (not from rattan) |
|
ex 4412 99 |
– Other: – – Other: – – – Barecore (wood waste glued together) (not from rattan) and – – – Other (not from rattan) |
|
ex 4413 |
Densified wood, in blocks, plates, strips or profile shapes (not from bamboo nor rattan) |
|
ex 4414 |
Wooden frames for paintings, photographs, mirrors or similar objects (not from bamboo nor rattan) |
|
ex 4415 |
Packing cases, boxes, crates, drums and similar packings, of wood; cable drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood (not from bamboo nor rattan) |
|
ex 4416 |
Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood, including staves (not from bamboo nor rattan) |
|
ex 4417 |
Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood (not from bamboo nor rattan) |
|
ex 4418 |
Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes (not from bamboo nor rattan) |
|
ex 4419 |
Tableware and kitchenware, of wood (not from bamboo and rattan) |
|
|
Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar articles, of wood. |
|
ex 4420 90 |
– Other – – Wood in the form of logs or squared logs with simple process in the surface, carved or finely threaded or painted, does not have significant added-value and no significant change in shape (HS ex 4420 90 90 00 in Indonesia) (Prohibited from export under Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). |
|
|
Other articles of wood |
|
ex 4421 90 |
– Other – – Match splints (not from bamboo nor rattan) and – – Other – – – Wooden paving blocks (not from bamboo nor rattan) |
|
ex 4421 90 |
– Other – – Other – – – Wood in the form of logs or squared logs with simple process in the surface, carved or finely threaded or painted, does not have significant added-value and no significant change in shape (HS ex 4421 90 99 00 in Indonesia) (Prohibited from export under the Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). |
|
CHAPTER 47 |
||
|
Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard: |
|
4701 |
Mechanical wood pulp |
|
4702 |
Chemical wood pulp, dissolving grades |
|
4703 |
Chemical wood pulp, soda or sulphate, other than dissolving grades. |
|
4704 |
Chemical wood pulp, sulphite, other than dissolving grades |
|
4705 |
Wood pulp obtained by a combination of mechanical and chemical pulping processes |
|
CHAPTER 48 (2) |
||
ex 4802 |
Uncoated paper and paperboard, of a kind used for writing, printing or other graphic purposes, and non-perforated punch cards and punch tape paper, in rolls or rectangular (including square) sheets, of any size, other than paper of heading 4801 or 4803 ; hand-made paper and paperboard (not from non-wooden nor recycled material) |
|
ex 4803 |
Toilet or facial tissue stock, towel or napkin stock and similar paper of a kind used for household or sanitary purposes, cellulose wadding and webs of cellulose fibres, whether or not creped, crinkled, embossed, perforated, surface coloured, surface decorated or printed, in rolls or sheets (not from non-wooden nor recycled material) |
|
ex 4804 |
Uncoated kraft paper and paperboard, in rolls or sheets, other than that of heading 4802 or 4803 (not from non-wooden nor recycled material) |
|
ex 4805 |
Other Uncoated paper and paperboard, in rolls or sheets, not further worked or processed than as specify in Note 3 to this chapter (not from non-wooden nor recycled material) |
|
ex 4806 |
Vegetable parchment, greaseproof papers, tracing papers and glassine and other glazed transparent or translucent papers, in rolls or sheets (not from non-wooden nor recycled material) |
|
ex 4807 |
Composite paper and paperboard (made by sticking flat layers of paper or paperboard together with an adhesive), not surface coated or impregnated, whether or not internally reinforced, in rolls or sheets (not from non-wooden nor recycled material) |
|
ex 4808 |
Paper and paperboard, corrugated (with or without glued flat surface sheets), creped, crinkled, embossed or perforated, in rolls or sheets, other than paper of the kind described in heading 4803 (not from non-wooden nor recycled material) |
|
ex 4809 |
Carbon paper, self-copy paper and other copying or transfer papers (including coated or impregnated paper for duplicator stencils or offset plates), whether or not printed, in rolls or sheets (not from non-wooden nor recycled material) |
|
ex 4810 |
Paper and paperboard, coated on one or both sides with kaolin (China clay) or other inorganic substances, with or without binder, and with no other coating, whether or not surface coloured, surface decorated or printed, in rolls or rectangular (including square) sheets, of any size (not from non-wooden nor recycled material) |
|
ex 4811 |
Paper, paperboard, cellulose wadding and webs of cellulose fibres, coated, impregnated, covered, surface coloured, surface decorated or printed, in rolls or rectangular (including square) sheets, of any size, other than goods of the kind described in heading 4803 , 4809 or 4810 (not from non-wooden nor recycled material) |
|
ex 4812 |
Filter blocks, slabs and plates, of paper pulp (not from non-wooden nor recycled material) |
|
ex 4813 |
Cigarette paper, whether or not cut to size or in the form booklets or tubes (not from non-wooden nor recycled material) |
|
ex 4814 |
Wallpaper and similar wall covering; window transparencies of paper (not from non-wooden nor recycled material) |
|
ex 4816 |
Carbon paper, self-copy paper and other copying or transfer papers (other than those of heading 4809 ), duplicator stencils and offset plates, of paper, whether or not put up in boxes (not from non-wooden nor recycled material) |
|
ex 4817 |
Envelopes, letter cards, plain postcards and correspondence cards, of paper or paper board; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationary (not from non-wooden nor recycled material) |
|
ex 4818 |
Toilet paper and similar paper, cellulose wadding or webs of cellulose fibres, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchief, cleansing tissues, towels, tablecloths, serviettes, napkins for babies, tampons, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibres (not from non-wooden nor recycled material) |
|
ex 4821 |
Paper or paperboard labels of all kinds, whether or not printed (not from non-wooden nor recycled material) |
|
ex 4822 |
Bobbins, spools, cops and similar support of paper pulp, paper or paper board whether or not perforated or hardened (not from non-wooden nor recycled material) |
|
ex 4823 |
Other paper, paperboard, cellulose wadding and webs cellulose fibres, cut to size or shape; other articles of paper pulp, paper, paperboard, cellulose wadding or webs of cellulose fibres (not from non-wooden nor recycled material) |
|
CHAPTER 94 |
||
|
Seats (other than those of heading 94 02 ), whether or not convertible into beds, and parts thereof |
|
9401 61 |
– Other seats, with wooden frames: – – Upholstered |
|
9401 69 |
– Other seats, with wooden frames: – – Other |
|
|
Other furniture and parts thereof |
|
9403 30 |
– Wooden furniture of a kind used in offices |
|
9403 40 |
– Wooden furniture of a kind used in the kitchen |
|
9403 50 |
– Wooden furniture of a kind used in the bedroom |
|
9403 60 |
– Other wooden furniture |
|
ex 9403 90 |
– Parts: – – Other (HS 9403 90 90 in Indonesia) |
|
|
Prefabricated buildings |
|
ex 9406 00 |
– Other prefabricated buildings: – – Of wood (HS 9406 00 92 in Indonesia) |
|
CHAPTER 97 |
||
|
Original engravings, prints and lithographs. |
|
ex 9702 00 |
Wood in the form of logs or squared logs with simple process in the surface, carved or finely threaded or painted, does not have significant added-value and no significant change in shape (HS ex 9702 00 00 00 in Indonesia) (Prohibited from export under Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). |
|
(1)
OJ L 150, 20.5.2014, p. 252.
(2)
Paper products originating from non-wooden or recycled material are accompanied by a formal letter from the Indonesian Ministry of Industry validating the use of non-wooden or recycled materials. Such products will not be FLEGT licensed. |
( 1 ) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 883/2005 (OJ L 148, 11.6.2005, p. 5).
( 2 ) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council (OJ L 117, 4.5.2005, p. 13);
( 3 ) Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade (OJ L 61, 3.3.1997, p. 1).
( 4 ) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).