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
Date: 2008-10-17
Institutions: European Commission
Subjects: import (EU), surveillance concerning imports, transport document, wood product

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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 COMMISSION OF THE EUROPEAN COMMUNITIES,

(4)

Having regard to the Treaty
Community,

establishing the European

the

to ensure the effectiveness of

the FLEGT
In order
licensing scheme
should
verify that the timber products declared for release for
free circulation into the Community are covered by a
FLEGT licence. The FLEGT licence should be accepted
provided that certain conditions have been fulfilled.

competent

authorities

(5)

(6)

(7)

(8)

Having regard to Council Regulation (EC) No 2173/2005 of
20 December 2005 on the
FLEGT
licensing scheme for imports of
timber into the European
Community (1), and in particular Article 5(9) thereof,

establishment of

a

Whereas:

(1)

(2)

(3)

The EU Action Plan for Forest Law Enforcement,
Governance and Trade (FLEGT) (2) sets out measures
that aim to combat the problem of illegal logging and
the associated trade. The Action Plan proposes the deve­
lopment of a Forest Law Enforcement, Governance and
Trade licensing scheme (hereinafter referred to as the
to ensure that only legally
FLEGT licensing scheme)
harvested timber is imported from countries participating
in the scheme.

(FLEGT

exported

organisations
products

partner
from FLEGT

Under this scheme the Community aims to conclude
Voluntary Partnership Agreements with countries and
countries).
regional
Timber
partner
countries to the Community should be covered by a
FLEGT licence issued by the licensing authority of that
country. The FLEGT licence should demonstrate the
legality of the timber products covered, as set out in
the
Partnership
Agreement.

corresponding

Voluntary

FLEGT

Regulation (EC) 2173/2005 lays down EU procedures for
the FLEGT licensing scheme,
the implementation of
the
imports
a
including
requirement
Community of
timber products originating in FLEGT
partner countries to be covered by a FLEGT licence.

into

for

It is therefore necessary to lay down detailed provisions
the
relating to the conditions for the acceptance of
FLEGT licence.

In order to ensure consistent treatment of FLEGT licences
by the authorities in the Member States it is necessary to
set out the information to be included in the licence.
Furthermore it is necessary to provide for a standardised
format of the FLEGT licences so as to facilitate their
effective verification.

the

the

the international

implementation of

timber
Given the competitiveness of
FLEGT licensing
trade,
scheme requires that
the procedures concerning the
release for free circulation of FLEGT licensed timber
products do not lead to undue delays in importation
therefore necessary to provide for
procedures.
procedures for the verification and acceptance of
the
FLEGT licence which are as simple and practical as
possible, without however compromising the credibility
of the system.

is

It

to Decision 2004/387/EC of

The Community and the Member States have committed
themselves, under the Lisbon Agenda, to increasing the
competitiveness of companies doing business in Europe.
Pursuant
the European
Parliament and of the Council of 21 April 2004 on
interoperable delivery of pan-European e-Government
services
and
citizens (IDABC) (3), the Commission and the Member
States should provide efficient, effective and interoperable
the
information and
exchange of information between public administrations
and Community citizens.

administrations, businesses

communication systems

to public

for

(1) OJ L 347, 30.12.2005, p. 1.
(2) COM(2003) 251 final.

(3) OJ L 144, 30.4.2004, p. 65. Corrected by OJ L 181, 18.5.2004,

p. 25.

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(9)

the European Parliament and of

individuals with regard to the
The protection of
processing of personal data is governed by Directive
95/46/EC of
the
Council of 24 October 1995 on the protection of indi­
viduals with regard to the processing of personal data
and on the free movement of such data (1), which is
fully applicable to the processing of personal data for
the purposes of this Regulation, in particular as regards
the processing of personal data in licences.

(10)

The measures provided for in this Regulation are in
accordance with the opinion of the Forest Law Enforce­
ment Governance and Trade (FLEGT) Committee,

HAS ADOPTED THIS REGULATION:

CHAPTER I

SUBJECT-MATTER AND DEFINITIONS

Article 1

This Regulation lays down detailed rules for the application of
timber products provided for in
imports of
the system of
Article 5 of Regulation (EC) No 2173/2005.

Article 2

For the purposes of this Regulation,
nitions laid down in Regulation (EC) No 2173/2005,
following definitions shall apply:

in addition to the defi­
the

1.

‘shipment’ means a quantity of timber products set out in
Annexes II and III to Regulation (EC) 2173/2005 covered by
a FLEGT licence which is sent from a partner country by a
consignor or a shipper and which is presented for release for
free circulation at a customs office;

CHAPTER II

REQUIREMENTS RELATING TO FLEGT LICENCES

Article 3

A FLEGT licence, hereinafter referred to as ‘licence’, may

1.
be a paper-based or an electronic licence.

2.
The Commission will transmit a specimen or the technical
specifications of the licence drawn up by each partner country
to the competent authorities and the customs authorities of
each Member State.

Article 4

The use of a licence shall be without prejudice to any other
formalities relating to the movement of goods within the
Community.

Article 5

The competent authorities or the customs authorities of the
Member State in which the shipment is declared for release
for free circulation may require that the licence be translated
into the official language or one of the official languages of that
Member State.

The corresponding costs shall be borne by the importer.

CHAPTER III

ACCEPTANCE AND VERIFICATION

Article 6

1.
The licence shall be lodged with the competent authorities
of the Member State in which the shipment covered by that
licence is declared for release for free circulation.

2.

‘electronic licence’ means a FLEGT licence in a digital format
which may be electronically presented or processed and
which contains all the applicable information identified by
the fields as set out in the Annex;

2.
The competent authorities referred to in paragraph 1 shall
inform in accordance with the applicable national procedures
the customs authorities as soon as a licence has been accepted.

3.

‘paper-based licence’ means a FLEGT licence that conforms
to the format set out in the Annex;

A licence shall be considered as void if the date on which
3.
it is lodged is later than the date of expiry indicated in the
licence.

4.

authority

‘competent
(ies)’ means
(ies)
designated by the Member State to receive, accept and
verify FLEGT licences.

authority

the

(1) OJ L 281, 23.11.1995, p. 31.

4.
A licence lodged before the arrival of the shipment that it
covers may be accepted if the licence meets all the requirements
set out in Article 7 and no further verification in accordance
with Article 10(1) is deemed necessary.

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the
5. Where further verification of
shipment is deemed necessary in accordance with Articles 9
and 10, the licence shall be accepted only after the satisfactory
completion of that further verification.

the licence or of

whether the shipment in question conforms to the information
provided in the licence and where necessary to the records
relating to the relevant licence which are held by the licensing
authority.

Article 7

Paper-based licences

1.
specimen of the licence.

shall conform to the respective

Both paper-based and electronic licences shall provide the
2.
information mentioned in the Annex, in accordance with the
notes for guidance set out in that Annex.

Article 8

1.
Any erasures in or alterations to a licence shall not be
accepted unless such erasures or alterations have been validated
by the licensing authority.

The extension of the validity of a licence shall not be
that extension has been validated by the

2.
accepted unless
licensing authority.

2. Where the volume or weight of
the timber products
contained in the shipment presented for release for free circu­
lation does not deviate by more than 10 % from the volume or
weight
it shall be
considered that
the shipment conforms to the information
provided in the licence so far as volume or weight is concerned.

indicated in the corresponding licence,

Article 11

Reference shall be made in box 44 of the Single Admin­
1.
istrative Document on which the customs declaration for release
for free circulation is made to the number of the licence that
covers the timber products subject to the declaration.

Where the customs declaration is made by means of a data-
processing technique, the reference shall be provided in the
appropriate box.

A duplicate or replacement licence shall not be accepted
it has been issued and validated by the licensing

3.
unless
authority.

Timber products shall only be released for free circulation
2.
where the procedure described in Article 6(2) has been
completed.

A licence shall not be accepted if, where necessary after
information in accordance with
investigation in accordance with
it has been established that the licence does not

4.
the provision of additional
Article 9 or a further
Article 10,
correspond to the shipment.

Article 12

Where the competent authorities are distinct from the customs
authorities, the Member States may delegate specific functions
of the competent authorities to the customs authorities.

Article 9

This delegation shall be notified to the Commission.

In case of doubt as to whether a licence, a duplicate or a
replacement licence can be accepted, the competent authorities
may request additional information to the licensing authority of
the partner country.

A copy of the licence, the duplicate or the replacement licence
in question may be forwarded together with the request.

Article 10

If

further verification of

1.
is considered
necessary before the competent authorities can decide whether
a licence can be accepted, checks may be carried out to establish

the shipment

Article 13

The procedures described in this Chapter shall be carried out in
coordination between the
and the
customs authorities.

competent

authorities

CHAPTER IV

ELECTRONIC SYSTEMS

Article 14

1. Member States may use electronic systems
exchange and recording of data contained in licences.

for

the

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The electronic systems referred to in paragraph 1 shall
2.
provide for the exchange of data between the competent auth­
orities and the customs authorities of the Member States and
between the competent authorities and the customs authorities
the Licensing
on the one hand, and the Commission or
Authority of the partner countries on the other.

3. Member States shall, when establishing the electronic
systems consider complementarity, compatibility and interoper­
ability. They shall take account of guidance produced by the
Commission.

Article 15

The electronic systems referred to in Article 14(1) may,
alia, comprise the following:

inter

(a) a procedure for receiving and recording data contained in

licences;

(b) a procedure for exchanging data contained in licences;

(c) a means for storing data contained in licences.

CHAPTER V

DATA PROTECTION

Article 16

This Regulation leaves intact and in no way affects the level of
individuals with regard to the processing of
protection of
personal data under
the provisions of Community and
national
law, and in particular does not alter the obligations
and rights set forth in Directive 95/46/EC. The protection of
individuals with regard to the processing of personal data shall
be ensured in particular with regard to any disclosure or
communication of personal data in a licence.

CHAPTER VI

FINAL PROVISIONS

Article 17

This Regulation shall enter into force on the 20th day following
its publication in the Official Journal of the European Union.

It shall apply from the date on which the first amendment to
Annex I to Regulation (EC) 2173/2005 adopted pursuant to
Article 10 of that Regulation applies.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 17 October 2008.

For the Commission

Stavros DIMAS
Member of the Commission

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ANNEX

(Format provided for in Article 2(3))

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