Proposal for a Council Decision on the signing of a voluntary partnership agreement between the European Union and the Republic of the Congo on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT)
Date: 2009-12-18
Institutions: European Commission
Subjects: Congo, action programme, forestry economics, forestry holding, forestry legislation, fraud, governance, international cooperation, sustainable development, trading operation

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EUROPEAN COMMISSION 

Brussels, 18.12.2009 
COM(2009)679 final 

2009/0180 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing of a voluntary partnership agreement between the European Union and 
the Republic of the Congo on forest law enforcement, governance and trade in timber 
and derived products to the European Union (FLEGT) 

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EXPLANATORY MEMORANDUM 

The Action Plan on Forest Law Enforcement, Governance and Trade (FLEGT)1, endorsed by 
the  Council  in  20032,  proposes  a  set  of  measures  that  include  support  for  timber-producing 
countries, multilateral collaboration to tackle trade in illegal timber, support for private-sector 
initiatives  and  also  measures  to  discourage  investment  in  activities  that  encourage  illegal 
logging.  The  cornerstone  of  the  Action  Plan  is  the  establishment  of  FLEGT  partnerships 
between the EU and timber-producing countries aimed at stopping illegal logging. In 2005 the 
Council adopted Regulation (EC) No 2173/2005 which establishes a licensing scheme and a 
mechanism to verify the legality of timber imports into the EU3. 

In  December  2005  the  Council  authorised  the  Commission  to  negotiate  partnership 
agreements  with  timber-producing  countries  in  order  to  implement  the  EU  Forest  Law 
Enforcement,  Governance  and  Trade  (FLEGT)  Action  Plan,  and  in  particular  to  encourage 
trade in verified legal timber imports into the EU from such partner countries4. The agreement 
with Congo is the second such agreement to be negotiated between a producer country and the 
EU, following the agreement with Ghana. 

The Commission entered into negotiations with Congo in June 2008. Negotiations were held 
over 10 months and involved four face–to-face sessions and 14 technical working meetings by 
video conference. Throughout the negotiations the Commission has been assisted in this task 
by a number of Member States. The Commission has kept the Council updated on progress 
with  regular  reports  to  the  Working  Party  on  Forests,  and  to  EU  Heads  of  Mission  and 
representatives  in  Congo.  After  each  negotiating session  the  parties  held  public  meetings  to 
keep stakeholders informed of progress. In addition, Congo adopted a participatory approach 
by involving civil society and the private sector in the drafting of the agreement. 

The agreement addresses all elements of the Council negotiating directives. In particular, the 
agreement  establishes  the  framework,  institutions  and  systems  of  the  FLEGT  licensing 
scheme.  It  sets  out  the  supply  chain  controls,  legal  compliance  framework  and  independent 
audit requirements for the system. These are set out in annexes to the agreement and provide a 
detailed description of the structures that will underpin the assurance of legality afforded by 
the  issuing  of  a  FLEGT  licence.  Congo  has  developed  its  applicable  legislation  through 
extensive  stakeholder  consultations.  It  includes  laws  and  regulations  on  the  granting  of 
logging  rights  and  the  registration  of  undertakings,  forest  management,  environmental  and 
labour  legislation,  taxation,  social  obligations  such  as  involvement  of  local  communities, 
indigenous people and civil society, other obligations laid down in legislation concerning the 
transport and marketing of timber, and export requirements. 

The agreement goes beyond the limited product coverage proposed in Annex II of Regulation 
(EC) No 2173/2005 on the FLEGT scheme and covers all exported timber products. Congo is 
thus committed to establishing a system that will provide assurance to the EU that all forest 
products  from  Congo  are  legally  produced  and  so  contribute  positively  and  sustainably  to 
Congo's growth. 

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COM(2003) 251. 
OJ C 268, 7.11.2003. 
OJ L 347, 30.12.2005. 
Restricted Council document 15102/05. 

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The  agreement  makes  provision  for  import  controls  at  the  EU’s  borders  as  provided  for  in 
Regulation  (EC)  No  2173/2005  on  the  FLEGT  scheme  and  Regulation  (EC)  No 1024/2008 
laying down detailed measures for its implementation. The agreement includes a description 
of Congo's FLEGT licence, which uses the format prescribed in the Implementing Regulation. 

The  agreement  establishes  a  mechanism  for  dialogue  and  cooperation  with  the  EU  on  the 
FLEGT  scheme,  the  Joint  Agreement  Implementation  Committee.  It  also  establishes 
principles of stakeholder participation, social safeguards and transparency, and the monitoring 
of and reporting on the agreement's implementation. 

The  agreement  sets  out  a  timetable  and  procedures  for  its  entry  into  force  and  the 
implementation of the licensing scheme. Since Congo will upgrade and redesign its regulatory 
and  information  management  system,  introduce  more  comprehensive  supply  chain  controls, 
and establish independent verification of legal compliance, it will take two to three years to 
develop and test the new systems and to build capacity in the government, civil society and 
the  private  sector  for  the  envisaged  tasks.  The  FLEGT  licensing  scheme  is  expected  to  be 
fully operational by mid-2011. The licensing scheme will be assessed against the criteria laid 
down in the agreement before the EU begins accepting FLEGT licences.  

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2009/0180 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the signing of a voluntary partnership agreement between the European Union and 
the Republic of the Congo on forest law enforcement, governance and trade in timber 
and derived products to the European Union (FLEGT) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207 in conjunction with Article 218(5) thereof, 

Having regard to the proposal from the Commission, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

In May 2003 the European Commission published an EU Action Plan for Forest Law 
Enforcement Governance and Trade (FLEGT)5 which called for measures to address 
illegal  logging  through  the  development  of  voluntary  partnership  agreements  with 
timber-producing countries. Council conclusions on this Action Plan were adopted in 
October 20036 and Parliament passed a motion in January 20047. 

On 5 December 2005 the Council authorised the Commission to open negotiations on 
partnership agreements to implement the EU Action Plan for Forest Law Enforcement, 
Governance and Trade. 

On  20  December  2005  the  Council  adopted  Council  Regulation  (EC)  No  2173/2005 
establishing a FLEGT licensing scheme for imports of timber into the European Union 
from countries with which the EU has concluded voluntary partnership agreements8. 

The  negotiations  with  Congo  have  been  concluded,  and  the  voluntary  partnership 
agreement  between  the  Congo  and  the  European  Union  on  forest  law  enforcement, 
governance and trade in timber and derived products to the EU (hereinafter referred to 
as "the Agreement") was initialled on 9 May 2009. 

(5) 

Subject  to  its  conclusion  at  a  later  date,  the  Agreement  must  be  signed  by  the 
negotiator on behalf of the European Union, 

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COM(2003) 251. 
OJ C 268, 7.11.2003. 
Parliament document 7014/04. 
OJ L 347, 30.12.2005. 

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HAS DECIDED AS FOLLOWS: 

Article 1 

The  Commission  is  hereby  authorised  to  sign,  on  behalf  of  the  European  Union,  the 
Agreement  between  the  European  Union  and  the  Republic  of  Congo  on  forest  law 
enforcement,  governance  and  trade  in  timber  and  derived  products  to  the  European  Union 
(FLEGT), and to designate the person empowered to sign the Agreement.  

The text of the Agreement is attached to this Decision. 

Article 2 

This Decision shall enter into force on the day of its adoption.  

Done at Brussels, […] 

For the Council 
The President 
[…] 

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