Proposal for a COUNCIL DECISION on the conclusion 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: 2010-03-30
Institutions: European Commission
Subjects: Congo, cooperation agreement (EU), forestry holding, forestry legislation, surveillance concerning imports, trading operation, wood industry, wood product

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EUROPEAN COMMISSION 

Brussels, 30.3.2010 
COM(2010)118 final 

2010/0062 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion 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 2173/20053 which establishes a licensing scheme and a 
mechanism to verify the legality of timber imports into the EU. 

In  December  2005  the  Council  authorised  the  Commission  to  negotiate  partnership 
agreements  with  timber-producing  countries  in  order  to  implement  the  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  of  the  system.  These  points  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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2010/0062 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion 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 the Functioning of the European Union, and in particular the 
first subparagraphs of Article 207(3) and (4), in conjunction with Article 218(6)(a) thereof,  

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament5, 

Whereas: 

(1) 

(2) 

In May 2003 the European Commission published an EU Action Plan for Forest Law 
Enforcement Governance and Trade (FLEGT)6 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 20037 and Parliament adopted a resolution in July 20058. 

In  accordance  with  Council  Decision  2010/XXX  of  […]9,  the  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 was signed by the Commission on […], subject to its conclusion at a later date. 

(3) 

The agreement should be concluded, 

HAS DECIDED AS FOLLOWS: 

Article 1 

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) is hereby concluded.  

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OJ C […], […], p. […]. 
COM(2003) 251. 
OJ C 268, 7.11.2003. 
OJ C 157E, 6.7.2006, p. 482. 
OJ L […], […], […]. 

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The text of the Agreement is attached to this Decision. 

Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person  empowered  on 
behalf  of  the  European  Union  to  make  the  notification  provided  for  in  Article  28  of  the 
Agreement, in order to express the consent of the European Union to be bound. 

Article 3 

The European Union shall be represented by representatives of the Commission in the Joint 
Agreement  Implementation  Committee  set  up  in  accordance  with  Article  19  of  the 
Agreement.  

The  Member  States  may  participate  in  meetings  of  the  Joint  Agreement  Implementation 
Committee as members of the European Union delegation.  

Article 4 

For the purpose of amending the annexes of the Agreement in accordance with Article 26 of 
the Agreement, the Commission is authorised, in accordance with the procedure laid down in 
Article  11(3)  of  Regulation  2173/2005,  to  approve  any  such  amendments  on  behalf  of  the 
European Union. 

Article 5 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

The date of entry into force of the Agreement will be published in the Official Journal of the 
European Union.  

Done at Brussels, 

For the Council 
The President 

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