Proposal for a COUNCIL DECISION on conclusion of a voluntary partnership agreement between the European Union and the Republic of Cameroon on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT)
Date: 2010-07-28
Institutions: European Commission
Subjects: Cameroon, cooperation agreement (EU), export monitoring, forestry policy, surveillance concerning imports, trading operation, wood industry, wood product

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EUROPEAN COMMISSION 

Brussels, 28.7.2010 
COM(2010)406 final 

2010/0217 (NLE) 

Proposal for a 

COUNCIL DECISION 

on conclusion of a voluntary partnership agreement 
between the European Union and the Republic of Cameroon 
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  measures  to  stop  investment  in  activities  that  encourage  illegal  logging.  The 
cornerstone  of  the  Action  Plan  is  the  establishment  of  FLEGT  partnerships  between  the 
European Union and timber-producing countries with the aim of 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 European Union. 

In  December  2005  the  Council  issued  directives  instructing  the  Commission  to  negotiate 
partnership  agreements  with  timber-producing  countries  in  order  to  implement  the  EU 
FLEGT Action Plan and, in particular, to encourage trade in verified legal timber imports into 
the European Union from such partner countries4. The partnership agreement with Cameroon 
is  the  third  of  its  kind  to  be  negotiated,  after  agreements  with  Ghana  and  the  Republic  of 
Congo. 

The Commission entered into negotiations  with Cameroon  in November 2007.  Negotiations 
have  proceeded  since  then  and  included  four  face–to-face  sessions  and  sixteen  technical 
sessions  via  video-conference.  Throughout  the  negotiations,  the  Commission  has  been 
assisted  by  a  number  of  Member  States.  The  Commission  has  kept  the  Council  updated  on 
progress throughout the period, with regular reports to the Working Party on Forests and to 
EU Heads of Mission and representatives based in Cameroon. After each negotiation session 
the parties held public meetings to keep stakeholders informed of progress with the talks. In 
addition,  Cameroon  adopted  a  highly  participatory  approach  involving  civil  society  and  the 
private sector in the development of the agreement.  

The Agreement addresses all the elements contained in the Council negotiating directives. In 
particular, the Agreement establishes the framework, institutions and systems for the FLEGT 
licensing  scheme.  It  outlines  the  supply  chain  controls,  legal  compliance  framework  and 
independent audit requirements for the system. These are set out in annexes to the Agreement 
which  provide  a  detailed  description  of  the  structures  that  will  underpin  the  assurance  of 
legality offered by the issuance of a FLEGT licence. Cameroon developed its definition of the 
applicable  legislation  by  means  of  extensive  stakeholder  consultations.  It  includes  laws  and 
regulations granting rights to harvest, forest management, environmental, business and labour 
legislation, fiscal requirements, respect for tenure and use rights of nearby communities and 
other social obligations laid down in forest laws, as well as regulations governing commercial 
activity and export trade requirements.  

The Agreement goes beyond the limited product coverage proposed in Annex II to Regulation 
(EC)  No  2173/2005  (‘the  FLEGT  Regulation’)  to  cover  trade  in  all  timber  products  and,  in 
doing so, commits Cameroon to building a system that will provide assurance to the European 
Union  that  all  forest  products  from  Cameroon  are  legally  harvested  and  produced  and 
contributing positively and sustainably to Cameroon’s growth. 

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4 

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

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The  Agreement  provides  for  controls  on  imports  at  the  European  Union’s  borders,  as 
established  by  the  FLEGT  Regulation  and  the  associated  Implementing  Regulation  (EC) 
No 1024/2008. The Agreement includes a description of the Cameroon FLEGT licence which 
adopts the format laid down in the Implementing Regulation. 

The Agreement establishes the mechanism for dialogue and cooperation on FLEGT with the 
European  Union,  in  the  form  of  the  Joint  Implementation  Council  and  a  consultative  body 
known  as  the  Joint  Monitoring  Committee.  It  also  establishes  the  principles  of  stakeholder 
participation, social safeguards and transparency for monitoring impacts and reporting.  

The Agreement sets out a time frame and the procedures for entry into force of the Agreement 
and  for  implementing  the  licensing  scheme.  Since  Cameroon  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 several years 
to develop and test the new systems and to build capacity on the part of the government, civil 
society and the private sector for the tasks envisaged. The FLEGT licence scheme is expected 
to be fully operational by the beginning of 2012. The licence scheme will be assessed against 
defined  criteria  before  the  EU  begins  accepting  FLEGT  licences.  The  steps  and  process  for 
this are defined in the Agreement and its annexes.  

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2010/0217 (NLE) 

Proposal for a 

COUNCIL DECISION 

on conclusion of a voluntary partnership agreement 
between the European Union and the Republic of Cameroon 
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)(v)  and 
Article 218(7) 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 that Action Plan were adopted in 
October 20037 and Parliament adopted a resolution on the subject on 11 July 20058. 

In  accordance  with  Council  Decision  2010/XXX  of  […]9,  the  Voluntary  Partnership 
Agreement between the European Union and the Republic of Cameroon on forest law 
enforcement,  governance  and  trade  in  timber  and  derived  products  to  the  European 
Union was signed on […], subject to its conclusion at a later date. 

(3) 

The Agreement should be 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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HAS ADOPTED THIS DECISION: 

Article 1 

The  Agreement  between  the  European  Union  and  the  Republic  of  Cameroon  on  forest  law 
enforcement,  governance  and  trade  in  timber  and  derived  products  to  the  European  Union 
(FLEGT) is hereby approved on behalf of the Union.  

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 Union to make the notification provided for in Article 31 of the Agreement, in 
order to bind the Union. 

Article 3 

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

The Member States may participate in the meetings as members of the Union delegation.  

Article 4 

For the purpose of amending the annexes of the Agreement, on the basis of Article 29 thereof, 
the Commission is authorised, in accordance with the procedure laid down in Article 11(3) of 
Regulation (EC) No 2173/2005, to approve such amendments on the Union’s behalf. 

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

Article 5 

Article 6 

This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels, 

For the Council 
The President

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ANNEX 

VOLUNTARY PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION 
AND THE REPUBLIC OF CAMEROON ON FOREST LAW ENFORCEMENT, 
GOVERNANCE AND TRADE IN TIMBER AND DERIVED PRODUCTS TO THE 
EUROPEAN UNION (FLEGT)10 

THE EUROPEAN UNION, of the one part, 

AND THE REPUBLIC OF CAMEROON, hereinafter referred to ‘Cameroon’ 

of the other part, 

hereinafter referred to together as ‘the Parties’, 

HAVING  REGARD  TO  the  Partnership  Agreement  between  the  members  of  the  African, 
Caribbean  and  Pacific  Group  of  States,  of  the  one  part,  and  the  European  Community  and  its 
Member  States,  of  the  other  part,  signed  in  Cotonou  (Benin)  on  23  June  200011,  revised  in 
Luxembourg on 23 June 2005, hereinafter referred to as the ‘Cotonou Agreement’, 

HAVING  REGARD  TO  the  Convention  on  International  Trade  in  Endangered  Species  of  Wild 
Fauna and Flora (CITES) and in particular the requirement that CITES export permits issued by the 
Parties for specimens of species listed in Annex I, II or III be granted only under certain conditions, 
including that such specimens were not obtained in contravention of the laws of that State for the 
protection of fauna and flora, 

HAVING  REGARD  TO  the  forest  legislation  in  force  in  Cameroon,  and  in  particular  the 
Forest Code and the other relevant legislation applicable to the forestry sector, 

HAVING  REGARD  TO  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 Community12, 

the 
CONSIDERING 
European Parliament  on  an  EU  Action  Plan  for  Forest  Law  Enforcement,  Governance  and  Trade 
(FLEGT)13 is a first step towards tackling the urgent issue of illegal logging and associated trade, 

the  communication 

the  Council  and 

the  Commission 

from 

to 

CONSIDERING the Ministers' Yaoundé Declaration on Forest Law Enforcement and Governance 
of 16 October 2003, 

CONSIDERING  the  joint  declaration  of  28  September  2007  signed  in  Yaoundé  between 
Cameroon and the European Commission on the negotiation of a Voluntary Partnership Agreement 
under the FLEGT initiative, 

CONSIDERING  the  Non-Legally  Binding  Authoritative  Statement  of  Principles  for  a  Global 
Consensus on the management, conservation and sustainable logging of all types of forests adopted 

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Forest Law Enforcement Governance and Trade. 
OJ L 317, 15.12.2000, p. 3. 
OJ L 347, 30.12.2005, p. 1. 
COM(2003) 251. 

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on 14 August 1994, and the adoption on 31 January 2008 by the United Nations General Assembly 
of the Non Legally Binding Instrument on all types of forest14, 

CONSIDERING the principles set out in the Paris Declaration on Development Aid Effectiveness 
adopted  by  the  High-Level  Forum  of  the  Organisation  for  Economic  Co-Operation  and 
Development  (OECD)  in  Paris  on  2  March  2005,  reinforced  by  the  Accra  Agenda  for  Action  of 
September 2008 and reaffirmed by the Parties, 

CONSIDERING  the  importance  attached  by  the  Parties  to  development  objectives  agreed  at 
international level and to the Millennium Development Goals of the United Nations, 

AWARE of the importance of principles set out in the 1992 Rio Declaration on Environment and 
Development  in  the  context  of  the  safeguarding  and  sustainable  management  of  forests,  and  in 
particular  of  Principle  10  concerning  the  importance  of  public  awareness  and  participation  in 
environmental issues and of Principle 22 concerning the vital role of indigenous people and other 
local communities in environmental management and development, 

RESOLVED  to  seek  to  minimise  any  adverse  impacts  on  indigenous  and  local  communities  and 
poor people which may arise as a direct consequence of implementing this Agreement, 

REAFFIRMING the importance attached by the Parties to the principles and rules which govern 
the multilateral exchange systems, in particular the rights and obligations laid down in the General 
Agreement on Tariffs and Trade (GATT) 1994 and in the other multilateral agreements in Annex 
IA of the Marrakesh Agreement of 15 April 1994 establishing the World Trade Organisation, and 
the need to apply them, 

CONSIDERING  the  constant  efforts  made  by  Cameroon  to  generally  promote  sustainable 
management  of  forests  and  wildlife  throughout  the  entire  national  territory  and  in  particular  to 
ensure the legality of all timber flows, 

CONSIDERING  the  importance  attached  by  the  Parties  to  the  participation  of  civil  society,  the 
private  sector  and  the  resident  local  population,  including  indigenous  peoples,  in  the  success  of 
forest governance policies, in particular through consultations and public information, 

HEREBY AGREE AS FOLLOWS: 

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A/RES 62/98 of 31 January 2008. 

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Article 1 

Definitions 

For the purposes of this agreement, the following definitions shall apply:  

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 

‘Timber and derived products ’: the products listed in Annex I-A;  

‘Timber and derived products in transit’: the timber and derived products originating from 
a third country, which come under customs control in the territory of Cameroon and leave 
it in the same form, whilst retaining their origin; 

‘Import  into  the  European  Union’:  the  release  for  free  circulation  of  timber  and  derived 
products into the European Union within the meaning of Article 79 of Regulation (EEC) 
No 2913/92 of 12 October 1992 establishing the Community Customs Code15 and which 
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 Code16; 

‘Release  for  free  circulation’:  a  European  Union  customs  procedure  which  confers  the 
customs status of European Union goods on goods which are not from the European Union 
(Regulation (EC) No 2913/92 establishing the Community Customs Code refers), entailing 
the collection of any import duties due; the collection, as appropriate, of other charges; the 
application  of  commercial  policy  measures,  and  prohibitions  and  restrictions;  and  the 
completion of other formalities laid down in respect of the importation of goods;  

‘Export’:  the  physical  leaving  or  taking  out  of  the  territory  of  Cameroon  timber  and 
derived  products  produced  or  acquired  in  Cameroon,  with  the  exception  of  timber  and 
derived  products  in  transit  through  the  territory  of  Cameroon  under  the  control  of  the 
customs authorities of Cameroon;  

‘HS code’: a four digit code as set out in the nomenclature of the Harmonised Commodity 
Description  and  Coding  System  established  by  the  International  Convention  on  the 
Harmonised  Commodity  Description  and  Coding  System  of  the  World  Customs 
Organisation, in conformity with the combined nomenclatures of the European Union and 
the Economic and Monetary Community of Central Africa (CEMAC);  

‘FLEGT  licence’:  a  certificate  which  refers  to  a  shipment  as  being  legally  sourced  and 
verified in accordance with the criteria laid down in the present Agreement;  

‘Licensing authority’: the authority designated by Cameroon to issue and validate FLEGT 
licences;  

‘Competent  authorities’:  the  authorities  designated  by  the  Member  States  of  the 
European Union to verify FLEGT licences; 

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16 

OJ L 302, 19.10.1992, p. 1. 
OJ L 253, 11.10.1993, p. 1.  

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j) 

k) 

‘Shipment’: a quantity of timber and derived products covered by a FLEGT licence that is 
sent  by  a  consignor  or  a  shipper  from  Cameroon  and  is  presented  for  release  for  free 
circulation at a customs office in the European Union; 

"Timber  produced  or  acquired  legally":  timber  originating  or  coming  from  one  or  more 
production or acquisition processes, including imported timber, which conforms entirely to 
all the criteria laid down in the laws and regulations in force in Cameroon and applicable to 
the forestry sector, and verified/controlled in accordance with the terms and conditions set 
out in Annex II. 

Article 2 

Objective 

1. 

The objective of this Agreement is to provide a legal framework aimed at ensuring that all 
imports into the European Union from Cameroon of timber and derived products covered 
by this Agreement have been legally produced or acquired. 

2. 

In this context, the Parties, agree, inter alia: 

a) 
b) 
c) 

d) 

e) 

to promote trade in timber and derived products; 
to establish a basis for dialogue and cooperation; 
to promote the development of the forest industries in Cameroon and to thereby 
improve the competitiveness of the sector; 
to create and encourage economic opportunities for resident local communities 
and local enterprises; 
to strengthen the capacities of actors in Cameroon by encouraging the creation 
of  a  favourable  climate  for  investment  in  the  sustainable  management  of 
forests. 

Article 3 

Scope 

This  Agreement  applies  to  all  timber  and  derived  products  that  come  under  the  FLEGT  licence 
scheme and are listed in Annex I-A. 

Article 4 

FLEGT licensing scheme 

1. 

A Forest Law Enforcement, Governance and Trade Licensing Scheme (hereinafter referred 
to  as  the  ‘FLEGT  licensing  scheme’)  is  hereby  established  between  the  Parties  to  this 
Agreement.  It  establishes  a  set  of  procedures  and  requirements  aimed  at  verifying  and 
attesting,  by  means  of  FLEGT  licences,  that  timber  and  derived  products  shipped  to  the 
European Union have been legally produced or acquired. The European Union shall accept 
such  shipments  from  Cameroon  for  import  into  the  European  Union  only  if  they  are 
covered by FLEGT licences. 

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2. 

3. 

1. 

2. 

3. 

The  FLEGT  Licensing  Scheme  shall  apply  to  the  timber  and  derived  products  listed  in 
Annex  I-A.  The  timber  and  derived  products  in  Annex  I-B  may  not  be  exported  from 
Cameroon. 

The  Parties  agree  to  take  all  measures  necessary  to  implement  this  FLEGT  licensing 
scheme. 

Article 5 

Licensing authority 

Cameroon shall designate its FLEGT licensing authority and notify the contact details of 
the  licensing  authority  to  the  European  Commission.  Both  Parties  shall  make  this 
information available to the public. 

The  licensing  authority  shall  verify  that  timber  and  derived  products  have  been  legally 
produced in accordance with the legislation identified in Annex II. According to the terms 
set  out  in  Annex  III-A,  it  shall  issue  FLEGT  licences  covering  shipments  of  timber  and 
derived  products  that  have  been  legally  produced  or  acquired  in  Cameroon  and  are  for 
export to the European Union. 

The licensing authority may not issue FLEGT licences for any timber and derived products 
that  are  composed  of,  or  include,  timber  and  derived  products  imported  into  Cameroon 
from a third country in a form in which export is prohibited under the laws of the country 
concerned,  or  for  which  there  is  proof  that  this  timber  and  these  timber  and  derived 
products have been produced or acquired in violation of the laws of the country where the 
trees were harvested. 

4. 

The  licensing  authority  will  document  and  make  publicly  available  its  procedures  for 
issuing FLEGT licenses. 

Article 6 

Competent authorities of the European Union 

1. 

2. 

3. 

4. 

The European Commission shall inform Cameroon of the contact details of the competent 
authorities  designated  by  the  Member  States  of  the  European  Union  and  their  respective 
territorial areas of competence.  

The competent authorities shall verify that each shipment is the subject of a valid FLEGT 
licence  prior  to  releasing  that  shipment  for  free  circulation  in  the  European  Union.  The 
procedures governing the release for free circulation in the European Union of shipments 
covered by a FLEGT licence are described in Annex IV. 

Each competent authority shall maintain and publish annually a record of FLEGT licences 
received. 

According to national legislation on data protection, the competent authorities shall grant 
persons or bodies designated by Cameroon as independent auditors access to the relevant 
documents and data. 

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5. 

1. 

2. 

3. 

4. 

1. 

2. 

1. 

However, when timber and derived products from species listed in the Appendices of the 
Convention  on  International  Trade  in  Endangered  Species  of  Wild  Fauna  and  Flora 
(CITES)  and  covered  by  a  FLEGT  licence  enter  the  European  Union,  they  shall  only 
undergo  the  examination  laid  down  in  Council  Regulation  (EC)  No  338/97  of 
9 December 1996 on the protection of species of wild fauna and flora by regulating trade 
therein, as the FLEGT licence also attests to the fact that the timber in question has been 
legally produced or acquired. 

Article 7 

FLEGT licences 

FLEGT  licences  shall  be  issued  by  the  licensing  authority  as  a  means  of  attesting  that 
timber and derived products have been legally produced or acquired. 

FLEGT licences shall be laid out on a bilingual form (English and French) and completed 
in English or French.  

The Parties may, by agreement, establish electronic systems for the issue, transmission and 
receipt of FLEGT licenses. 

FLEGT licences shall be issued in accordance with the procedures described in Annex V. 

Article 8 

Timber legally produced or acquired 

For  the  purposes  of  this  Agreement,  a  definition  of  timber  legally  produced  or  acquired 
appears in Article 1(k) and in Annex II.  

Annex  II  also  sets  out  the  Cameroon  legislation  which  must  be  complied  with  before  a 
FLEGT licence may be issued. It includes ‘legality matrices’, with criteria, indicators and 
verifiers enabling compliance with the law in force to be established. 

Article 9 

Verifying the legality of the timber produced or acquired  

Cameroon  shall  establish  a  system  for  verifying  that  timber  and  derived  products  have 
been produced or acquired legally and that only shipments verified as such are exported to 
the  European  Union.  This  system  for  verifying  legality  includes  compliance  checks  in 
order to provide the assurance that the timber and derived products destined for export to 
the  European  Union  have  been  legally  produced  or  acquired,  and  that  FLEGT  licences 
have  not  been  issued  for  shipments  of  timber  that  have  not  been  legally  produced  or 
acquired, or that are of unknown origin. The system shall also include procedures to ensure 
that timber of illegal or unknown origin does not enter the supply chain.  

2. 

The  system  for  verifying  the  legality  of  timber  and  derived  products  is  described  in 
Annex III-A.  

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3. 

1. 

2. 

3. 

1. 

2. 

3. 

4. 

5. 

1. 

Cameroon shall verify the legality of the timber and derived products exported to markets 
outside the European Union and sold on the domestic markets, and of imported timber and 
derived products. 

Article 10 

Consultation on the regularity of FLEGT licences 

In the event of the presumed irregularity of a FLEGT licence, the competent authority in 
question must ask the licensing authority for additional information.  

If the licensing authority fails to reply within 21 calendar days of the date of receipt of the 
request, or if the additional information received confirms the irregularity, or if the details 
appearing  on  the  FLEGT  licence  do  not  correspond  to  the  shipment,  the  competent 
authority  in  question  will  not  accept  the  FLEGT  licence  and  will  decide  how  to  proceed 
pursuant to the national legislation in force. The licensing authority must be informed.  

If,  however,  the  additional  information  provided  by  the  licensing  authority  shows  the 
FLEGT  licence  to  be  in  order,  the  FLEGT  licence  must  be  accepted  and  the  procedures 
described in Annex IV must be followed. 

Article 11 

Independent auditor 

The Parties agree on the need to call on the services of an independent auditor at agreed 
intervals  to  check  the  performance  and  efficiency  of  the  FLEGT  licensing  scheme  as  set 
out in Annex VI.  

Cameroon  shall  engage  the  services  of  this  independent  auditor  after  consulting  the 
European Union. 

The  independent  auditor  shall  submit  his  observations  to  the  Parties  in  reports  in 
accordance with procedure described in Annex VI. 

The Parties shall facilitate the work of the independent auditor, including by ensuring that 
the  latter  has  access  on  the  territory  of  each  Party  to  the  information  necessary  for  the 
performance of his functions. However, a Party may, in accordance with its legislation on 
data protection, withhold any information that it is not allowed to disclose. 

Cameroon  shall  publish  the  report  of  the  independent  auditor  in  accordance  with  the 
procedures and mechanisms set out in Annexes VI and VII. 

Article 12 

Exchanges of information in relation to the functioning of the FLEGT scheme 

With  the  joint  aim  of  protecting  the  integrity  and  reputation  of  the  FLEGT  licensing 
scheme  put  in  place  under  this  Agreement,  the  Parties  undertake  to  inform  one  another 
immediately of any concerns they may have regarding potential cases of fraud associated 
with  the  use  or  issue  of  the  FLEGT  licences,  including  for  timber  and  derived  products 

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comprising  timber  of  suspect  origin  from  third  countries,  of  fraudulent  or  dishonest 
circumvention of the FLEGT licensing scheme.  

Exports  of  timber  and  derived  products  which  have  been  verified  as  legal  to 
timber-importing countries other than those of the European Union with which Cameroon 
maintains  commercial  relations  shall  not  constitute  cases  of  circumvention  within  the 
meaning of this Article. 

Article 13 

Date of introduction of the FLEGT licensing scheme 

The  Parties  shall  agree  on  a  date  from  which  the  FLEGT  licensing  scheme  shall  be 
operational. 

The  launch  of  the  issue  of  FLEGT  licences  shall  be  preceded  by  a  joint  technical 
assessment, the objectives and criteria of which are set out in Annex VIII. 

Article 14 

Schedule for implementation of the Agreement 

The Parties hereby agree to the implementation schedule set out in Annex IX. 

The  Joint  Implementation  Council,  provided  for  in  Article  19,  working  through  the  Joint 
Monitoring  Committee,  shall  evaluate  the  progress  of  implementation  in  relation  to  the 
schedule set out in Annex IX. 

Article 15 

Supporting measures 

The Parties have identified the areas set out in Annex X as those in which there is a need 
for additional technical and financial resources in order to implement this Agreement. 

The provision of such additional resources shall be subject to the normal procedures of the 
European  Union  and  its  Member  States  for  programming  aid  to  Cameroon  and  to  the 
budgetary procedures of Cameroon itself. 

The  Parties  shall  consider  the  need  for  a  joint  arrangement  whereby  the  financing  and 
technical  contributions  of  the  European  Commission  and  the  Member  States  of  the 
European  Union  are  coordinated  to  support  these  processes  under  the  Forest  and 
Environment Sector Programme. 

Cameroon shall ensure that capacity building for the implementation of this Agreement is 
included in national planning instruments, the Forest and Environment Sector Programme 
and the poverty reduction strategies.  

The Parties shall ensure that activities associated with implementation of  this Agreement 
are coordinated with the relevant development initiatives, such as: 

2. 

1. 

2. 

1. 

2. 

1. 

2. 

3. 

4. 

5. 

EN 

13 

   EN 

a) 
b) 
c) 

local development support; 
promotion of forestry sector industrialisation; 
capacity building. 

The  provision  of  additional  resources  shall  be  subject  to  the  procedures  governing 
European  Union  aid,  as  set  out  in  the  Cotonou  Agreement,  and  to  those  governing  the 
bilateral  aid  given  to  Cameroon  by  each  of  the  European  Union's  Member  States, 
respecting  the  principles  laid  down  in  the  Paris  Declaration  on  Development  Aid 
Effectiveness in so far as the procedures of the donors concerned permit. . In this respect, 
the  additional  resources  will  finance  the  activities  referred  to  in  paragraph  5,  within  the 
context and logic of the Forest and Environment Sector Programme 

Article 16 

Participation of the stakeholders concerned in the implementation of the Agreement 

Cameroon  shall  regularly  consult  Cameroon  stakeholders  on  the  implementation  of  this 
Agreement,  within  a  National  Monitoring  Committee  or  through  other  consultative 
platforms,  taking  into  account  its  legislation  on  the  forest  and  fauna  scheme  and  all  the 
laws  and  regulations  in  force  governing  access  to  information,  public  participation  and 
access to justice on environmental matters. 

The procedures for setting up a National Monitoring Committee and the respective roles of 
the various Cameroon stakeholders in the implementation of the Agreement are described, 
inter alia, in Annexes III-A, III-B and X. 

The  European  Union  shall  hold  regular  consultations  with  the  European  stakeholders  on 
the implementation of this Agreement, by virtue of the 1998 Aarhus Convention on access 
to information, public participation in the decision-making process and access to justice in 
environmental matters, and on the transposition of Community law. 

Article 17 

Social, economic and environment safeguards for local and indigenous communities 

In order to minimise any potential adverse effects of the FLEGT licensing scheme on the 
indigenous and local communities concerned, the Parties hereby agree to assess the impact 
of this Agreement on their way of life. 

The  Parties  shall  monitor  in  particular  the  economic  and  environmental  impact  of  this 
Agreement on those communities, taking reasonable and appropriate steps to mitigate any 
adverse effects.  

6. 

1. 

2. 

3. 

1. 

2. 

Article 18 

Market-related incentives 

Access  to  the  European  Union  market,  under  this  Agreement,  for  timber  and  derived  products 
imported  from  Cameroon,  shall  be  accompanied  by  promotional  campaigns  for  the  timber  and 
derived products in question: 

EN 

14 

   EN 

a) 

b) 

c) 

the  encouragement  of  public  and  private  procurement  policies  that  recognise 
efforts  to  ensure  a  supply  of  legally  harvested  forest  produce,  in  particular 
timber and derived products;  
promotion  of  FLEGT-licensed  timber  and  derived  products  on  the  European 
market;  
promotion at international level of the legality assurance scheme set up under 
this Agreement.  

Article 19 

Institutional implementation apparatus 

1. 

2. 

After  ratifying  this  Agreement,  the  Parties  shall  set  up  a  decision-making  structure 
designated  the  “Joint  Implementation  Council”,  hereinafter  referred  to  as  ‘the  Council’, 
and a consultative structure designated the ‘Joint Monitoring Committee’ (JMC). 

The  Council  shall  be  made  up  of  two  representatives,  of  whom  each  of  the  Parties  shall 
designate one. The Parties shall delegate the Council to supervise implementation and shall 
take its decisions by consensus. Its decisions shall take the form of resolutions signed by 
the representatives of the Parties. The Council shall be responsible for implementing this 
Agreement. The Council shall also: 

a)  meet on dates mutually agreed by the Parties; 
b) 
c) 

establish its own rules of procedure; 
publish  an  annual  report,  details  of  the  content  of  which  are  described  in 
Annex VII; 
ensure  that  the  work  of  the  JMC  is  transparent,  and  that  the  associated 
information and results are accessible to the public; 
establish  dispute-settlement  procedures  and  help  find  mutually  satisfactory 
solutions  to  maintain  the  good  functioning  of  this  Agreement,  in  accordance 
with Article 24; 
examine the amendments to the provisions of this Agreement and adopt those 
relating to the Annexes, in accordance with Article 29. 

d) 

e) 

f) 

3. 

Under  the  authority  of  the  Council,  the  JMC,  whose  members  shall  be  appointed  by  the 
Parties,  shall  monitor  and  evaluate  the  implementation  of  this  Agreement.  It  shall  also 
facilitate  dialogue  and  the  exchange  of  information  between  the  Parties.  The  JMC  shall 
also: 

a)  meet at least twice a year on the dates and at the locations determined by the 
Council, and make consensus-based recommendations for the Council;  
prepare the agenda for its work and terms of reference for joint actions;  
draw up its own rules of procedure, following their validation by the Council;  
preside over its meetings by a co-chair arrangement; 
be  permitted  to  set  up  working  groups  or  other  subsidiary  bodies  for  areas 
requiring specific expertise. 

b) 
c) 
d) 
e) 

4. 

The functions of the JMC are defined in Annex XI. 

Article 20 

Communication on implementation of the Agreement 

EN 

15 

   EN 

1. 

2. 

1. 

The  representatives  of  the  Parties  responsible  for  official  communications  concerning 
implementation of this Agreement shall be: 

a) 
b) 

for Cameroon: the Minister responsible for forests; 
for the European Union: the Head of the EU Delegation in Cameroon. 

The  Parties  shall  communicate  to  one  another  in  a  timely  manner  the  information 
necessary for implementing this Agreement. 

Article 21 

Published information  

Published  information  represents  one  of  the  basic  elements  designed  to  strengthen 
governance during application of this Agreement. In order to achieve this objective, which 
is  intended  to  guarantee  the  transparent  functioning  of  the  FLEGT  licensing  scheme  in 
Cameroon and in the European Union, the Parties hereby agree to use the most appropriate 
communication mechanisms, namely: written and audiovisual media, Internet, workshops 
and various publications. Details of the published information are set out in Annex VII. 

2. 

The Parties also agree that the powers, procedures and functioning of the Council and the 
JMC are to be published.  

Article 22 

Confidential information 

1. 

Each  Party  undertakes,  within  the  limits  of  its  laws,  not  to  disclose  confidential 
information  exchanged  under  this  Agreement.  Neither  Party  shall  disclose  to  the  public, 
nor  permit  its  authorities  involved  in  implementation  of  the  Agreement  to  disclose, 
information exchanged under this Agreement that constitutes trade secrets or confidential 
commercial information. 

2. 

Subject to paragraph 1, the following information shall not be considered confidential:  

a) 

b) 

the  number  of  FLEGT  licences  issued  by  Cameroon  and  received  by  the 
European Union and the volume of timber and derived products exported from 
Cameroon and received by the European Union;  
the names and addresses of FLEGT licence holders and importers. 

Article 23 

Territorial application 

This Agreement shall apply to the territory in which the Treaty establishing the European Union is 
applied  under  the  conditions  laid  down  in  that  Treaty,  on  the  one  hand,  and  to  the  territory  of 
Cameroon, on the other. 

Article 24 

Dispute-settlement 

EN 

16 

   EN 

1. 

2. 

The Parties will seek to resolve any dispute concerning the application or interpretation of 
this Agreement through early consultation. 

If  a  dispute  cannot  be  settled  through  early  consultation,  the  first  requesting  Party  may 
forward  details  of  the  dispute  to  the  Council,  which  will  endeavour  to  propose 
arrangements  for  a  settlement  to  the  Parties.  The  Council  shall  be  provided  with  all 
relevant information for an in-depth examination of the situation with a view to finding an 
acceptable solution. To this end, the Council may refer the file to the JMC. The JMC shall 
have  a  time  limit  set  by  the  Council  for  submitting  its  proposed  solution  to  the  Council, 
which  shall  endeavour  to  examine  every  option  for  keeping  this  Agreement  working 
properly. 

3. 

In the event that the Council should prove unable to settle the dispute, the Parties may: 

a) 

b) 

jointly  seek  the  good  offices  of  a  third  party,  or  request  mediation  by  a  third 
party.  
if it should prove impossible to settle the dispute according to paragraph 3(a), 
have recourse to arbitration. 

The Council shall determine the consultation, mediation and arbitration procedures, which 
must correspond with those agreed under the Economic Partnership Agreement or, in the 
interim  period,  under  the  Stepping  Stone  Agreement  towards  an  Economic  Partnership 
Agreement  between  the  European  Union  and  its  Member  States,  of  the  one,  and  Central 
Africa (Cameroon), of the other part.  

Article 25 

Suspension 

Either  Party  may  suspend  the  application  of this Agreement. The  decision on suspension 
and the reasons for that decision shall be notified to the other Party in writing. 

The provisions of this Agreement shall cease to apply 90 calendar days after such notice is 
given. 

Application  of  this  Agreement  will  resume  30  calendar  days  after  the  Party  that  has 
suspended  its  application  informs  the  other  Party  that  the  reasons  for  the  suspension  no 
longer apply. 

4. 

1. 

2. 

3. 

Article 26 

Annexes 

The Annexes shall form an integral part of this Agreement. 

Article 27 

Duration and renewal 

With effect from its entry into force, this Agreement shall remain in force for a period of seven (7) 
years, and shall be renewable by tacit agreement between the Parties for periods of the same length, 

EN 

17 

   EN 

unless  one  Party  terminates  the  Agreement  by  notifying  the  other  Party  of  its  decision  at  least 
twelve (12) months before expiry of the period under way.  

Article 28 

Denunciation of the Agreement 

Notwithstanding Article 27, either Party may denounce this Agreement by notifying the other Party. 
This Agreement shall cease to apply twelve (12) months after the date of such notification. 

Article 29 

Amendments 

1. 

2. 

3. 

4. 

Acting through its representative on the Council, a Party wishing to amend this Agreement 
must notify the other Party of its proposal at least three (3) months before the next meeting 
of the JMC. The Council shall instruct the JMC to examine the proposal. If a consensus is 
reached, the latter shall prepare a recommendation, which it shall notify to the Council for 
its  consideration.  Each  representative  shall  examine  the  recommendation,  and  if  it 
approves it, shall inform the other, so that a date can be agreed for its signature, following 
which each Party shall adopt it according to its own internal procedures.  

Any amendment so approved by both Parties shall enter into force on the first day of the 
month following the date on which the Parties notify each other of the completion of the 
procedures necessary for this purpose.  

By  way  of  derogation  from  the  provisions  of  paragraph  1  of  this  Article,  and  without 
prejudice to the examination by the JMC, amendments to the Annexes shall be adopted by 
the Council. 

Notification of any amendment shall be sent to the depositaries of this Agreement and shall 
enter into force at the time and in the form laid down in paragraph 2 of this Article. 

Article 30 

Authentic texts 

This Agreement is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, 
Finnish,  French,  German,  Greek,  Hungarian,  Italian,  Latvian,  Lithuanian,  Maltese,  Polish, 
Portuguese,  Romanian,  Slovak,  Slovenian,  Spanish  and  Swedish  languages,  each  of  these  texts 
being authentic. In case of divergence of interpretation, the French text shall prevail over the other 
language texts. 

Article 31 

Entry into force 

EN 

18 

   EN 

1. 

2. 

This Agreement shall enter into force on the first day of the month following the date on 
which  the  Parties  notify  each  other  in  writing  of  the  completion  of  the  respective 
procedures necessary for this purpose. 

Notification shall be sent to the Secretary-General of the Council of the European Union 
and to Cameroon's Minister for Foreign Affairs, who shall be the joint depositaries of this 
Agreement. 

EN 

19 

   EN 

List of Annexes 

Annex I-A+-B 

A- List of products subject to FLEGT licensing 

B- List of products prohibited from export 

Annex II 

Legality matrices  

Annex III-A+-B  A- Legality Assurance System  

B- Institutional framework of the Legality Assurance System  

Annex IV 

the 
Conditions  governing 
European Union of timber and derived products exported from Cameroon 
and accompanied by a FLEGT licence 

free  circulation 

release 

the 

for 

in 

Annex V 

Requirements for issuing FLEGT licenses 

Annex VI 

Terms  of  reference  for  the  independent  audit  of  the  Legality  Assurance 
System  

Annex VII 

Published information 

Annex VIII 

Criteria for evaluation of the Legality Assurance System.  

Annex IX 

Schedule for implementation of the Agreement 

Annex X 

Supporting measures and financing mechanisms  

Annex XI 

Joint Monitoring Committee  

EN 

20 

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ANNEX I-A 

List of products subject to FLEGT licensing 

The following products are subject to FLEGT licensing 

PRODUCTS 

HS CODES 

WOOD  IN  THE  ROUGH,  WHETHER  OR  NOT  STRIPPED  OF  BARK 
OR SAPWOOD, OR ROUGHLY SQUARED 

4403 

RAILWAY OR TRAMWAY SLEEPERS (CROSS-TIES) OF WOOD 

WOOD  SAWN  OR  CHIPPED  LENGTHWISE,  SLICED  OR  PEELED, 
WHETHER OR NOT PLANED, SANDED OR FINGER-JOINTED, OF A 
THICKNESS EXCEEDING 6 MM. 

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 

4406 

4407 

4408 

PLYWOOD,  VENEERED  PANELS  AND  SIMILAR  LAMINATED 
WOOD 

4412 

TOOLS,  TOOL  BODIES,  TOOL  HANDLES,  BROOM  OR  BRUSH 
BODIES  AND  HANDLES,  IN  WOOD;  BOOT  OR  SHOE  LASTS  AND 
TREES OF WOOD 

4417 

WOODEN FURNITURE OF A KIND USED IN OFFICES 

WOODEN FURNITURE OF A KIND USED IN KITCHENS 

9403 30 

9403 40 

WOODEN FURNITURE OF A KIND USED IN THE BEDROOM 

9403 50 

OTHER WOODEN FURNITURE 

9403 60 

By way of illustration, the products and species concerned are described in detail below, subject to 
the  Cameroon  Party  to  the  Agreement  adapting  the  CEMAC  customs  tariff  to  the  code  of  the 
Harmonised System (HS) of the World Customs Organisation (WCO), which classes sawn sapelli 
and  iroko  under  codes  4407  27  and  4407  28  respectively.  The  products  and  species  may  be 
modified as the market develops, without the need to amend the Agreement. 

EN 

21 

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PRODUCTS 

SPECIAL PRODUCTS  

EBONY 

LOGS 

CATEGORY 1 PROMOTION SPECIES 

BILINGA 

FRAMIRÉ 

KOSSIPO 

KOTIBÉ 

LIMBA 

AYOUS/OBÉCHÉ 

AZOBÉ 

KOTO 

OKOUMÉ 

TALI 

TIAMA 

CATEGORY 2 PROMOTION SPECIES 

ABURA/BAHIA 

AKO 

ANDOUNG 

AVODIRE 

DABÉMA 

NIOVÉ 

OLON 

OVOGA/ANGALÉ 

OZIGO 

TCHITOLA 

ABALÉ/ ABING 

OKAN/ADOUM 

CEMAC CODES 

44 07 29 15 

44 03 49 00 

44 03 49 09 

44 03 49 17 

44 03 49 21 

44 03 49 22 

44 03 49 24 

44 03 49 46 

44 03 49 47 

44 03 49 75 

44 03 49 88 

44 03 49 94 

44 03 49 95 

44 03 49 01 

44 03 49 05 

44 03 49 06 

44 03 49 07 

44 03 49 12 

44 03 49 30 

44 03 49 31 

44 03 49 32 

44 03 49 33 

44 03 49 36 

44 03 49 39 

44 03 49 40 

EN 

22 

   EN 

 
AMVOUT/ EKONG 

ASILA/OMANG 

BODIOA 

CORDIA/EBE/MUKUMARI 

DAMBALA 

DIANA/CELTIS/ODOU 

EBIARA/ABEM 

EKABA 

EKOP EVENE/EVENE 

GOMBÉ/EKOP GOMBÉ 

NAGA/EKOP NAGA 

EMIEN/EKOUK 

ESSAK 

ESENG/LO 

ESSESSANG 

ESSON 

ETIMOE 

EVEUS/NGON 

EVOULA/VITEX 

EYECK 

FARO 

IATANGA/EVOUVOUS 

KANDA 

KAPOKIER/BOMBAX/ESODUM 

KONDROTI/OVONGA 

KUMBI/OKOA 

LANDA 

LATI/EDJIL 

LIMBALI 

LOTOFA/NKANANG 

44 03 49 41 

44 03 49 45 

44 03 49 48 

 44 0349 49 

44 03 49 50 

44 03 49 51  

44 03 49 53 

44 03 49 54 

44 03 49 56 

44 03 49 57 

44 03 49 58 

44 03 49 59 

44 03 49 60 

44 03 49 61 

44 03 49 62 

44 03 49 63 

44 03 49 64 

44 03 49 65 

44 03 49 66 

44 03 49 67 

44 03 49 68 

44 03 49 69 

44 03 49 72 

44 03 49 73 

44 03 49 74 

44 03 49 76 

44 03 49 77 

44 03 49 78 

44 03 49 79 

44 03 49 81 

EN 

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MAMBODÉ/AMOUK 

MOAMBÉ 

MUKULUNGU 

MUTUNDO 

OBOTO/ABODZOK 

OZANBILI/ANGONGUI 

OSANGA/SIKON 

OUOCHI/ALBIZIA/ANGOYEME 

TSANYA/AKELA 

OTHER TROPICAL WOODS (AGBA, EKOUNE, ALUMBI, MIAMA ETC.) 

RAILWAY OR TRAMWAY SLEEPERS (CROSS-TIES) OF WOOD 

SAWN PRODUCTS 

ABURA/BAHIA 

ACAJOU 

AFROMOSIA 

AIELE  

AKO 

ANDOUNG 

AVODIRE 

BETÉ 

BILINGA 

BOSSÉ 

BUBINGA 

DABÉMA 

DOUKA 

DOUSSIÉ 

EBONY 

EYONG 

FRAMIRÉ 

FROMAGER 

44 03 49 82 

44 03 49 84 

44 03 49 85 

44 03 49 86 

44 03 49 87 

44 03 49 89 

44 03 49 90 

44 03 49 91 

44 03 49 97 

44 03 49 99 

44 06  

44 07 29 00 

44 07 29 01 

44 07 29 02 

44 07 29 03 

44 07 29 04 

44 07 29 05 

44 07 29 06 

44 07 29 07 

44 07 29 08 

44 07 29 09 

44 07 29 10 

44 07 29 11 

44 07 29 12 

44 07 29 13 

44 07 29 14 

44 07 29 15 

44 07 29 16 

44 07 29 17 

44 07 29 18 

EN 

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IGAGANGA 

IZOMBÉ 

KOSSIPO 

KOTIBÉ 

KODRODUS 

LIMBA 

 MOABI 

MOVINGUI 

MUTÉNYÉ 

NIANGON 

NIOVÉ 

OLON 

OVOGA 

OZIGO 

PADOUK 

PAO ROSA 

TCHITOLA 

TOLA 

ZINGANA 

ABALÉ/ABING 

AKAN OR ADOUM 

AMVOUT OR EKONG 

ANGUEUK 

ANINGRÉ 

APA/PASCHILOBA 

ASILA/OMANG 

AYOUS/OBÉCHÉ 

AZOBÉ 

BODIOA 

CORDIA/EBE/MUKUMARI 

44 07 29 19 

44 07 29 20 

44 07 29 21 

44 07 29 22 

44 07 29 23  

44 07 29 24 

44 07 29 25 

44 07 29 26 

44 07 29 27 

44 07 29 28 

44 07 29 29 

44 07 29 30 

44 07 29 31 

44 07 29 32  

44 07 29 33 

44 07 29 34 

44 07 29 35 

44 07 29 36 

44 07 29 37 

44 07 29 38 

44 07 29 39 

44 07 29 40 

44 07 29 41 

44 07 29 42 

44 07 29 43 

44 07 29 44 

44 07 29 45 

44 07 29 46 

44 07 29 47 

 44 0729 48 

EN 

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DAMBALA 

DIANA/CELTIS/ODOU 

DIBETOU 

EBIARA/ABEM 

EKABA 

EKONE 

EKOP EVENE 

EKOP GOMBÉ MAMELLE 

EKOP NAGA 

EMIEN/EKOUK 

ESSAK 

ESENG/LO 

ESSESSANG 

ESSON 

ETIMBÉ 

EVEUSS/GON 

EVOULA/VITEX 

EYECK 

FARO 

IATANDZA/EVOUVOUS 

ALOMBA 

IROKO 

KANDA 

KAPOKIER/BOMBAX 

KONDROTI/OVONGA 

KOTO 

KUMBI/EKOS 

LANDA 

LATI/EDJIL 

LIMBALI 

44 07 29 49 

44 07 29 50  

44 07 29 12 

44 07 29 52 

44 07 29 53 

44 07 29 54 

44 07 29 55 

44 07 29 56 

44 07 29 57 

44 07 29 58 

44 07 29 59 

44 0729 60 

44 07 29 61 

44 07 29 62 

44 07 29 63 

44 07 29 64 

44 07 29 65 

44 07 29 66 

44 07 29 67 

44 07 29 68 

44 07 29 69 

44 07 29 70 

44 07 29 71 

44 07 29 72 

44 07 29 73 

44 07 29 74 

44 07 29 75 

44 07 29 76 

44 07 29 77 

44 07 29 78 

EN 

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LONGHI 

LOTOFA/NKANANG 

MAMBODE/AMOUK 

MANSONIA 

YELLOW MOAMBÉ 

MUKULUNGU 

MUTUNDO 

OBOTO/ABODZOK 

OKOUMÉ 

ONZABILI/ANGONGUI 

OSANGA/SIKON 

OUOCHI/ALBIZIA 

OVANGKOL 

SAPELLI 

SIPO 

TALI 

TIAMA 

TSANGA/AKELA 

WENGUÉ 

OTHER TROPICAL WOODS 

PARQUETS 

VENEERS 

PLYWOOD 

FINISHED TIMBER AND DERIVED PRODUCTS 

44 07 29 79 

44 07 29 80 

44 07 29 81 

44 07 29 82 

44 07 29 83 

44 07 29 84 

44 07 29 85 

44 07 29 86 

44 07 29 87 

44 07 29 88 

44 07 29 89 

44 07 29 90 

44 07 29 91 

44 07 29 92 

44 07 29 93 

44 07 29 94 

44 07 29 95 

44 07 29 96 

44 07 29 97 

44 07 29 98 

44 09 20 00 

44 08 39 00 

44 12 13 00 

94 03 30 00 

94 03 40 00 

94 03 50 00 

94 03 60 00 

44 17 00 00 

EN 

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ANNEX I-B 

List of products prohibited from export  

CEMAC CODES 

44 03 49 02 

44 03 49 03 

44 03 49 08 

44 03 49 10 

44 03 49 11 

44 03 49 13 

44 03 49 14 

44 03 49 18 

44 03 49 26 

44 03 49 27 

44 03 49 34 

44 03 49 35 

44 03 49 38 

44 03 49 44 

44 03 49 43  

44 03 49 52 

44 03 49 70 

44 03 49 71 

44 03 49 80 

44 03 49 92 

44 03 49 93 

44 03 49 94 

44 03 49 98 

PRODUCTS 

LOGS 

ACAJOU 

AFROMOSIA  

BÉTÉ/MANSONIA 

BOSSÉ 

BUBINGA 

DOUKA 

RED DOUSSIÉ 

FROMAGER 

MOABI 

MOVINGUI 

PADOUK 

PAO ROSA 

ZINGANA 

APA OR WHITE DOUSSIE 

ANINGRÉ 

DIBÉTOU 

ILOMBA 

IROKO 

LONGHI/ABAM 

OVANGKOL 

SAPELLI 

SIPO 

WENGUÉ 

EN 

28 

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ANNEX II 

Legality matrices 

I. 

DEFINITION OF LEGALITY 

The  legality  of  timbers  placed  on  the  market  is  based  on  compliance  with  national  laws  and 
regulations and duly ratified international legal instruments, the application of which is necessary in 
order to guarantee the viability of forest management by the producing and/or exporting enterprise, 
its  suppliers  and  subcontractors,  in  the  name  of  the  owners  of  the  forest  (the  State,  the  local 
government district, a private owner or a community).  

The  definition  of  legality  drawn  up  by  consensus  by  all  the  stakeholders  in  this  spirit  may  be 
summarised thus: 

‘Any timber which has been verified/controlled as originating or coming from one or more production 
or acquisition processes that meet all of the statutory and regulatory provisions in force in Cameroon 
applicable to the forest sector shall be deemed to be legal timber.’ 

The definition of the legality of the commercial timbers is based on the knowledge and application 
of  the  laws  and  regulations  in  force  in  Cameroon,  and  on  compliance  with  the  international  legal 
instruments duly ratified by Cameroon in the forest, commercial, environmental, social and human 
rights fields. The national laws and regulations under consideration include in particular: 

–  the Constitution of the Republic of Cameroon; 
–  Law No 81-13 governing forests, wildlife and fishing of 27 November 1981, not fully 
repealed,  and  its  implementing  texts  (including  implementing  Decree  No  83-169  of 
12 April 1983, not repealed); 

–  the new forest law No 94-01 governing forests, wildlife and fishing of 20 January 1994, 
and  its  implementing  texts  (including  PM  Decree  No  94-436  of  23  August  1994  (of 
which  not  all  the  provisions  have  been  repealed),  PM  Decree  No  95-531  of  1995  and 
other decisions and circulars in force);  

–  the framework law relating to environmental management, No 96/12 of 5 August 1996, 

–  Order No 222 MINEF17 of 25 May 2001 laying down the procedures for implementing 

and its implementing texts; 

the DFP18 forest management plans;  

–  Law No 2002/003 of 19 April 2002 setting out the General Tax Code;  
–  the legislation governing investment (Law No 2002/004 of 19 April 2002 relating to the 

investment charter, amended by Law No 2004/020 of 22 July 2004); 

–  Decree No 99/781/PM of 13 October 1999 laying down the application procedures for 
Article  71(1)  of  Forest  Law  No  94/01  of  20  January  1994  governing  forests,  wildlife 
and fishing; 

–  Decree  No  2005/577  of  23  February  2005  on  EIEs  and  Order  No  0069  MINEP19  of 

8 March 2005 on the categories subject to EIEs20; 

17 
18 
19 
20 

Ministry of the Environment and Forests. 
Permanent forest domain. 
Ministry of the Environment and Nature Protection. 
Environmental impact study. 

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29 

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–  the various annual finance laws;  
–  the Employment Code, Law No 92-007 of 14 August 1992; 
–  the legislation governing social security21; 
–  the phytosanitary regulations (MINADER22); 
–  the national collective bargaining agreement (April 2002) of the companies involved in 
logging and in the processing of forest products and associated activities (exercise of the 
right to form a union, staff representative, employment contract, working conditions and 
salaries, health and safety, etc.). 

The international legal instruments referred to above include, inter alia: 

–  the  Treaty  on  the  Conservation  and  Sustainable  Management  of  Forest  Ecosystems  of 
Central  Africa  and  establishing  the  Central  Africa  Forests  Commission  –  COMIFAC 
(February 2005); 

–  the Convention on International Trade in Endangered Species of Wild Fauna and Flora 

(CITES), signed on 3 March 1973 and amended on 22 June 1979; 
–  the Convention on Biological Diversity (CBD), signed in June 1992. 

The  application  of  the  provisions  of  these  international  legal  instruments  shall  follow  their 
transposition into the national legislative texts.  

Any amendment to these texts and any new legislation in this field will give rise to a subsequent 
amendment to this Annex. 

The following elements were also taken into consideration when drafting this definition of legality: 

–  the  various  initiatives  developed  on  the  subject  of  legality  (TFT-TTAP23,  REM24, 

TRAFFIC25, CoC26, FSC27 etc.) 

–  the PROFOREST proposal28 of 6 September 2005 relating to traceability; 
–  the ‘FLEGT Briefing Notes’29 published by the European Union; 
–  the  reference  tool  FORCOMS  (Forest  Concession  Monitoring  System)  relating  to 
conformity  to  regulations,  first  version  2005,  followed  by  consolidated  version  of 
February 2007 for Cameroon); 

–  the tools OLB-BVQI30 and TLTS-SGS31 of February 2006 relating to legality; 
–  the report ‘Definition of legal timber according to the texts and regulations in force in 

Cameroon’ (GTZ/PGDRN32 – MINFOF33) of 15 February 2006; 

–  the  report  ‘Legality  of  VPA  Timber  in  Cameroon  (comparative  approach  of  different 

systems)’, GTZ document of May 2006; 

21 
22 
23 

24 
25 
26 
27 
28 
29 
30 
31 
32 

33 

See Caisse nationale de prévoyance sociale, Recueil des textes de base (1979). 
Ministry of Agriculture and Rural Development. 
Private-sector  association  by  the  name  of  the  Tropical  Forest  Trust,  which  manages  a  support  project  to  the 
private sector involving checking legality (the Timber Trade Action Programme). 
Resource Extraction Monitoring. 
WWF traceability and legal compliance project. 
Chain of Custody, traceability system. 
Forest Stewardship Council. 
Project financed by the European Union. 
Briefing note on the European Union action plan on Forest Law Enforcement, Governance and Trade. 
Legal Origin of Wood/Bureau Véritas. 
Timber Legality and Traceability Verification/Société générale de surveillance. 
Gesellschaft  für  Technische  Zusammenarbeit  (German  Technical  Cooperation  Society)/Sustainable  Natural 
Resources Management Programme. 
Ministry of Ministry of Forestry and Wildlife. 

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–  the COMIFAC34 report (WRI35 -UICN36 -IFIA37) on the FORCOMS project phase II of 

February 2007; 

–  the draft legal text by COMIFAC on forest control in Central Africa of October 2007; 
–  the PCI38 OAB/OIBT39 & audit manual/OIBI series No 14 - 2003. 

II. 

THE LEGALITY MATRICES 

Based on the definition of legality, Cameroon has produced a set of legality matrices intended to be 
used  to  check  conformity  of  the  operation  (against  the  legal  provisions)  of  the  forestry  entities40 
active in Cameroon, as well as that of the products they produce. These matrices are the result of 
participatory and ongoing work incorporating the concerns of the various stakeholders.  

The broad range of legality matrices stems from the fact that Cameroon forest legislation stipulates 
many timber supply methods, in relation to which the legality concerns differ. Each of the matrices 
has thus been designed to clearly highlight the specific legal requirements associated with each of 
the supply methods stipulated by the Cameroon legislation. Bearing in mind these specific features, 
eight  legality  matrices  have  already  been  produced  for  different  timber  supply  sources:  the 
permanent  forest  domain  (DFP)  is  made  up  of  land  definitively  allocated  to  forest,  the 
non-permanent  forest  domain  (DFNP)  is  made  up  of  forest  land  which  may  be  allocated  to  uses 
other than forest domain (agro-forest domain), and finally, the timber processing units (UTB). 

In the permanent forest domain (DFP) 

–  legality matrix 1 (LM1): logging agreement (CE). 
–  legality matrix 2 (LM2): communal forest (FCle); State logging. 

In the non-permanent forest domain (DFNP) 

–  legality matrix 3 (LM3): salvage licence (ARB). 
–  legality matrix 4 (LM4): harvested timber removal licence (AEB). 
–  legality matrix 5 (LM5): cut timber sale (VC) in the national domain. 
–  legality matrix 6 (LM6): community forest (FC); State logging. 
–  legality matrix 7 (LM7): special permit (PS); ebony logging in the national domain and 

the communal forests. 

In the timber processing units (UTB) 

–  legality matrix 8 (LM8): timber processing units (UTB). 

The table below summarises the various timber supply sources and the associated legality matrices. 

Title 

CE 

VC 

ARB 

AEB 

State 

PS 

PBO 

APC 

Supply source 

F. Private estate forest (FD) 

LM1 

LM4 

34 
35 
36 
37 
38 
39 
40 

Central African Forest Commission. 
World Resource Institute. 
International Union for Conservation of Nature. 
International Forest Industry Association. 
Principles, criteria, indicators. 
African Timber Organisation/International Tropical Timber Organisation 
International Union for Conservation of Nature. 

EN 

31 

   EN 

 
 
 
 
 
 
 
                                                 
Communal forest (Cle) 

LM4 

LM2 

LM7 

National domain forest (FDN) 

LM5 

LM3 

LM4 

LM7 

Community forest (FC) 

Private forest (FP) 

Timber processing unit (UTB) 

LM4 

LM6 

LM8 

In  order  to  cover  all  the  different  means  of  access to  the  timber  resource  that  are  available  under 
existing legislation and are listed below, other legality matrices will be produced during the system 
operationalisation phase, whenever they are found to be relevant. These are: 

–  Legality matrix for private forests (FP); 
–  Legality matrix for lumber permits (PBO); 
–  Legality matrix for personal timber licences (APC); 
–  Legality  matrices  of  communal  forests  (FCle)  and  community  forests  (FC),  when 

logging other than State logging takes place (VC, PBO, APC). 

The legality matrices are made up of criteria, indicators and verifiers, and are involved in the global 
Legality Assurance System (LAS), the functioning of which is described in detail in Annex III-A. 

The  criteria  and  indicators  have  been  analysed  and  subsequently  tested  in  the  field  for  all  the 
matrices,  and  only  the  criteria  and  indicators  of  relevance  in  each  specific  matrix  have  been 
retained. 

III.  METHOD OF USE 

With the exception of the matrix relating to timber processing units, the legality matrices have been 
drawn up on the basis of five (5) common criteria, which deal respectively with the regularity:  

–  of the administrative and legal aspects (criteria 1);  
–  of the logging and forest management (criteria 2);  
–  of the transport (criteria 3);  
–  of the social aspects (criteria 4);  
–  of the environmental aspects (criteria 5).  

Dependent  on  the  matrices,  these  criteria  are  broken  down  into  a  variable  number  of  indicators, 
which reflect the different legal obligations associated with these different timber supply sources.  

The  conformity  of  the  indicators  is  assessed  on  the  basis  of  the  verifiers.  For  an  indicator  to 
‘conform’, all the associated verifiers must first be deemed to conform.  

The conformity of the verifier is based on the availability of the technical documents issued by the 
various  administrations,  which  are  stipulated  in  the  regulatory  texts  and  are,  for  the  most  part, 
available  for  consultation  in  the  central  database  of  the  Ministry  responsible  for  forests  (second 
generation computer system administering forestry information – SIGIF II). 

The issue of a ‘certificate of legality’, which represents one of the requirements for the issue of a 
FLEGT licence (see Annex III-A) is only possible provided all the indicators conform. 

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32 

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MATRIX 1: LOGGING AGREEMENT 

Criterion 1: The logging/processing forestry entity is legally authorised 

Indicator 1.1: The forestry entity has legal personality, holds approval as a logger and is registered as 

a timber processor. 

References to legislation, regulations and rules 

–  Article 41 of Law 94/01 of 20 January 1994  
–  Articles 35(1), 36,114 and 140(1), (2), (3), (4) and (5), of Decree 95-531  
–  Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious 
–  Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the 

establishments in question] 

–  Order No 013/MINEE/DMG/SL (Ministry of Energy and Water/Mines and Geology Division/SL of 19 April 
1977 repealing and replacing Order No 154 of 28 March 1957 coding dangerous, unhealthy or obnoxious 
establishments 

Verifiers 
1.1.1 Certificate of domicile (natural person)  
1.1.2 Commercial register maintained at the competent court office  
1.1.3 Forestry approval granted by the competent authority 
1.1.4 Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal 
1.1.5 Authority to set up and operate a first class establishment from the Ministry responsible for the industry  
1.1.6 Certificate of registration as a timber processor from the Ministry responsible for forests  

Indicator 1.2: The forestry entity holds a forestry concession and has a logging agreement concluded 

with the administration responsible for forests 

References to legislation, regulations and rules 

–  Articles 46, 47(1), (2) and (3) and 50(1) of Law 94/01 
–  Articles 61, 75(1), 76(4), and 77 of Decree 95/531  
–  Articles 68, 69 and 70 of Decree 95/53 

Verifiers 

A-Under a provisional or definitive logging agreement 
1.2.1 Notice of public invitation to tender  
1.2.2 Receipt for registration of a complete file relating to the award of the forestry concession 
1.2.3 Notification of the results of the interministerial committee selecting the forestry entity as the best bidder, by 

the Minister responsible for forests 

1.2.4 Proof of deposit of the surety with the Public Revenue Department within the prescribed deadlines 
1.2.5 Provisional logging agreement signed by the Minister responsible for forests 
1.2.6 Receipts/requests for transfer addressed to the Ministry responsible for forests by the concession holder and 

the applicant 

1.2.7 Notification of transfer of the concession by the competent authority 
1.2.8 Receipts for payment of the transfer tax stipulated by law 
B – Under a definitive logging agreement  

1.2.9  Certificate of conformity with the clauses of the provisional logging agreement 
1.2.10 Order approving the management plan issued by the Minister responsible for forests 
1.2.11 Five-year management plan and operation plan for the current year  
1.2.12 Terms and conditions signed by the Competent Authority and the forestry entity 
1.2.13 Deed of classification 
1.2.14 Authority to set up and operate a first class establishment from the Ministry responsible for the industry, or 

receipt of declaration (2nd class) 

1.2.15 Certificate of registration as a timber processor from the Ministry responsible for forests 

EN 

33 

   EN 

Indicator 1.3: In the event that the logging/processing activity is subcontracted, the subcontracting 

forestry entity has documents confirming the regularity of the situation. 

References to legislation, regulations and rules 

–  Articles 41 and 42 of Law 94/01  
–  Articles 35(1), 36,114 and 140(1), (2), (3), (4) and (5) of Decree 95-531  

Verifiers 
1.4.1 Subcontracting/partnership agreement  
1.4.2 Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests  
1.4.3 Receipt for registration of the agreement approved by the local authorities of the Ministry responsible for 
forests 
1.4.4 Commercial register maintained at the competent court office 
1.4.5 Forestry approval granted by the competent authority (logging) 
1.4.6 Authority to set up and operate a first class establishment from the Ministry responsible for the industry 

(processing)  

1.4.7 Certificate of registration as a timber processor from the Ministry responsible for forests (processing) 
1.4.8 Extract from the registration of the logging hammer with the office of the competent court 

Indicator 1.4: The forestry entity has not been suspended or had its approval or right withdrawn by 

the administration 

References to legislation, regulations and rules  

–  Articles 146, 150 and 152 of Law 94/01  
–  Chapter 3 of Law 94/01  
–  Articles 130, 131, 132, 135(2), 136 and 137 of Decree 95-531  

Verifiers 

1.5.1 Records/files of offences published by the competent administrations 
1.5.2 Register of disputes of the competent local departments 
1.5.3 Suspension decision of the Minister responsible for forests, substantiated and challenged, if applicable 

Indicator 1.5: The forestry entity has complied with its tax obligations under existing law 

References to legislation, regulations and rules 

–  Articles 66 and 69 of Law 94/01 
–  Article 122 of Decree 95-531 
–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3) 
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 

1.6.1 Tax patent 
1.6.2 Certificate of solvency/tax certificate of the competent tax office  

Criterion 2: The logging/processing forestry entity meets its obligations as regards logging 
and forest management 

Indicator 2.1: The forestry entity has competent and adequate professional resources, either 

internally or through the agency of a natural person or legal entity, to perform the 
management work 

References to legislation, regulations and rules  

–  Articles 23, 40(3), 63 and 64 of Law 94/01  
–  Article 35 of Decree 95-531  

Verifiers 

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34 

   EN 

2.1.1 Approval of the enterprise or its various subcontractors having been involved in certain management 

activities (inventories, forestry) 

2.1.2 Service contracts with (an) approved structure(s) or a public body. 

Indicator 2.2: The forestry entity holds a legal harvesting licence 

References to legislation, regulations and rules 

–  Articles 44 and 46 of Law 94/01  
–  The standard model of the provisional and definitive agreement and the associated terms and conditions under 

sheets 2 and 3 (PROC) 

–  Article 17 of Law 96/12 of 5 August 1996 setting out a framework law on environmental management 
–  Article 20 of Decree 0577 of 23 February 2005 

Verifiers 

2.2.1 Letter of approval of the terms of reference for the audit/environmental impact study 
2.2.2 Environmental conformity certificate 
2.2.3 Annual harvesting site certificate (CAAC) or annual operating permit (PAO)  
2.2.4 Notification of the start of activities  

Indicator 2.3: The forestry entity respects the existing logging rules in the areas awarded. 

References to legislation, regulations and rules  

–  Articles 51(1) and 73(1), (2) of Decree 95-531 
–  Articles 4(1), (2), (3), (4) and (6), 12(1) and (2) and 13(1) and (2) of Order No 222 
–  Sheets 6, 14 and 17 PROC 
–  Logging inventory rules 
–  Rules on activities in forest areas (NIMF) 

Verifiers 

2.3.1 Count certificate or certificate confirming respect of the logging rules 

Indicator 2.4: The forestry entity respects the timber quantities awarded to it (number of 

stems/volume) in accordance with the requirements of the certificate/annual permit 

References to legislation, regulations and rules 

–  Articles 46(3), 72(1) and 125(2) and (3) of Decree 95-531 
–  Article 6 of Order No 222 
–  Rules on activities in forest areas (NIMF) 
–  Sheet 6 PROC 

Verifiers 
2.4.1 Worksite books (DF10) or SIGIF declaration  
2.4.2 Count certificate 

Indicator 2.5: The forestry entity has complied with its tax and forestry tax obligations associated with 

its activity(ies) 

References to legislation, regulations and rules  

–  Articles 66, 67 and 69 of Law 94 
–  Article 122 of Decree 95-531 
–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3) 
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 

2.5.1 Certificate of registration of the bank guarantee if required under the articles of association of the entity 
2.5.2 Payment receipts (annual forestry charge [RFA], felling tax [TA], plant entry tax [TEU]), local development 
taxes or other forestry taxes if stipulated in the terms and conditions) for the current year and the year 

EN 

35 

   EN 

preceding the year of verification 

Criterion 3: The logging/processing forestry entity meets its obligations as regards timber 
transportation 

Indicator 3.1: The forestry entity ensures that the logs produced or purchased on the local market for 

processing in its installations are accompanied by all the necessary documents and 
the regulatory markings to certify their legal origins 

References to legislation, regulations and rules  

–  Articles 115(1), (2) and (3), 127(1) and 128 of Decree 95-531  

Verifiers 

3.1.1 Secure waybills, signed by the competent authority 
3.1.2 Certificate of legality of the supplier(s) 

Indicator 3.2: The forestry entity ensures that the logs imported for processing in its installations are 
accompanied by the necessary documents to certify their legal origins 

References to legislation, regulations and rules  

–  Articles 127(1) and 128 of Decree 95-531  

Verifiers 

3.2.1 Import licences issued by the competent authorities responsible for forests and finance 
3.2.2 International waybills stamped for the entire route 
3.2.3 Certificates of origin and phytosanitary certificates from the exporting country 
3.2.4 FLEGT licences from the country of origin, or any other private certificate of legality/sustainable 

management recognised by Cameroon (reference tool of the private certificate system incorporating the 
principal elements of the Cameroon legality matrices) 

Indicator 3.3: The forestry entity ensures that the timber and derived products from its installations 

are transported entirely legally and are accompanied by all the documents required in 
order to certify their legal origins 

References to legislation, regulations and rules  

–  Articles 127(2) and (3) and 128 of Decree 95-531 

Verifiers 

3.3.1 Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the 

transportation of logs and cut timber by road 

3.3.2 Special declaration on note stamped by the competent manager in the event of transportation by rail 
3.3.3 Loading certificate of the competent customs department (transport in containers) together with the loading 

report of the forestry department and the place of loading 

Criterion 4: The logging/processing forestry entity meets its social obligations 

Indicator 4.1: The forestry entity meets its obligations in relation to employment law, social security 
law and the collective bargaining agreements of the timber industry  

References to legislation, regulations and rules 

–  Articles 61(2) and 62(2) of Law No°92/007 of 14 August 1992 setting out the Employment Code 
–  Decree No 2008/2115 of 24 January 2008 revaluing the minimum guaranteed interprofessional salary (SMIG) 
–  Ordinance No 73-17 of 22 May 1973 organising social security 

EN 

36 

   EN 

–  Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of Ordinance 

No 73-17 of 22 May 1973 organising the National Social Security Fund 

–  Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National 

Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit 
insurance 

–  Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit 

insurance, amended by Law No 84/007 of 4 July 1984 

–  Order No 039/MTPS/IMT of the Ministry of Labour and Social Security (MTPS) laying down the general 

provisions relating to health and safety at the workplace  

–  Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the 

election arrangements and conditions for exercise of the duties of staff representatives 

–  The national collective bargaining agreement (April 2002) of the companies involved in logging and in the 

processing of forest products and associated activities  

–  Order No 11/DEC/DT (Employment Division) of 25 May 1978 laying down the arrangements for the 

summoning and appearance of the Parties before the Employment Inspector for the settlement of employment 
disputes 

–  Practical directives from the International Labour Organization (ILO) 
–  Law 64/LF/23 of 13 November 1964 protecting public health 
–  Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious 
–  Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the 

establishments in question] 

–  Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest 

products and associated activities 

Verifiers 

4.1.1 Certificate of registration issued by the CNPS 
4.1.2 Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the 

administrative district  

4.1.3 Internal rules stamped by the employment inspector of the administrative district 
4.1.4 Reports on the election of staff representatives 
4.1.5 Agreement on visits and care with a general practitioner 
4.1.6 Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise 
4.1.7 Inspection reports of the Ministry of Health 
4.1.8 Declaration of establishment sent to the employment inspector of the administrative district 

Indicator 4.2: The forestry entity respects the social obligations prescribed by the Forestry Code 

References to legislation, regulations and rules  

–  Articles 36 and 61(1) and (3) of Law 94/01 
–  Article 85 of Decree No 95/531 
–  Articles 5 and 6 of Order No 222 laying down the procedures for the preparation and approval of PAs 
–  Article 14 of the model terms and conditions of the final agreement  
–  Decision 135/B/MINEF/CAB of 26 November 1999 laying down the forest classification procedures of the 

permanent forest domain 

–  Decision No 0108/D/MINEF/CAB of 9 February 1998 applying the Rules on activities in forest areas 
–  Chapter II of the Rules on activities in forest areas 

Verifiers 

4.2.1 Terms and conditions 
4.2.2 Reports on the realisation of the social projects laid down in the terms and conditions 
4.2.3 Minutes of the information meeting on logging under the forestry right, signed by the all the stakeholders  
4.2.4 Land allocation map  
4.2.5 Report on the socio-economic studies 
4.2.6 Minutes of the meeting reinstating the socio-economic study 
4.2.7 Record/file of offences/report 

EN 

37 

   EN 

 
Criterion 5: The logging/processing forestry entity meets its obligations in relation to the 
protection of biodiversity and the environment 

Indicator 5.1: The forestry entity has made the necessary arrangements to prohibit the involvement of 
its staff in poaching, commercial hunting and the transportation or trade in hunting 
equipment and means. It encourages, supports and/or initiates all campaigns seeking 
to ensure application of the regulations in relation to hunting and to the protection of 
the fauna on its sites. 

References to legislation, regulations and rules  

–  Articles 95 and 101(1) of Law 94/01 
–  Article 11(1) and (3) of Order No 222  
–  Decision No 0108/D/MINEF/CAB of 9 February 1998 applying the Rules on activities in forest areas 
–  Terms and conditions of the final agreement 
–  Chapter VI of the Rules on activities in forest areas (Articles 28, 29 and 30) 

Verifiers 

5.1.1 Internal rules 
5.1.2 Memoranda giving details of the ban on poaching and transportation of bush meat 
5.1.3 Memoranda publishing any penalties 
5.1.4 Food supply plan 
5.1.5 Record of offences  

Indicator 5.2: The forestry entity has complied with the environmental legislation and implements the 

identified mitigating measures 

References to legislation, regulations and rules 

–  Article 18(1), (2) and (3) of Law 94/01 
–  Articles 3 and 4 of Order 0069/MINEP of 8 March 2005 
–  Decree 0577 of 23 February 2005 
–  Article 11(1) and (2) of Order No 222 of 25 May 2001 
–  Article 16 of the terms and conditions of the CDE (Enterprise Development Centre) defining the special 

observations on logging around the periphery of the protected areas (buffer strip) (UFA [Forest Management 
Unit])  

–  Decision No 0108/D/MINEF/CAB of 9 February 1998 applying the Rules on activities in forest areas 
–  Articles 17, 79 and 82 of Law 96/12 of 5 August 1996 setting out a framework law on environmental 

management 

–  Guide on environmental measures in relation to logging 

Verifiers 
5.2.1 Environmental inspection report  
5.2.2 Certificate confirming respect of the environmental clauses  
5.2.3 Record of environmental offences 

EN 

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MATRIX 2: STATE LOGGING OF A COMMUNAL FOREST 

Criterion 1: The logging forestry entity is legally authorised 

Indicator 1.1: The forestry entity has legal personality and has a forest that has been classified on its 

behalf or that it has itself planted 

References to legislation, regulations and rules 

–  Articles 30 and 35 of Law 94/01 
–  Article 17 of Decree 95-531 

Verifiers 

1.1.1 Instrument creating the local government district 
1.1.2 Letter of approval of the management plan by the administration responsible for forests 
1.1.3 Deed of classification of the communal forest  
1.1.4 Property title in the case of a plantation 

Indicator 1.2: In the event that the logging activity is subcontracted, the subcontracting forestry entity 

has documents confirming the regularity of the situation. 

References to legislation, regulations and rules  

–  Articles 41 and 42 of Law 94/01  
–  Articles 35(1), 36 and 140(1), (2), (3), (4) and (5) of Decree 95-531  

Verifiers 
1.2.1 Subcontracting/partnership agreement  
1.2.2 Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests 
1.2.3 Commercial register maintained at the competent court office 
1.2.4 Forestry approval granted by the competent authority (logging) 
1.2.5 Extract from the registration of the logging hammer with the office of the competent court 

Indicator 1.3: The forestry entity has not been suspended by the forestry administration following acts 

contravening what is set out in the approved management plan. 

References to legislation, regulations and rules  

–  Article 32(1) and (2) of Law 94/01 
–  Article 80 of Decree 95-531 

Verifiers 
1.3.1 Record of violations published by the Ministry responsible for forests  
1.3.2 Formal reminder duly notified following a report on any activity in contravention of the requirements of the 

management plan 

1.3.3 Suspension decision of the Minister responsible for forests, if applicable 

Indicator 1.4: The forestry entity has complied with its tax obligations under existing law 

References to legislation, regulations and rules  

–  Articles 66 and 69 of Law 94/01 
–  Article 122 of Decree 95-531  
–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3) 
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 
1.4.1 Certificate of solvency/tax certificate of the competent tax office  
1.4.2 Evidence of payment (VAT, income tax)  

EN 

39 

   EN 

Criterion 2: The logging/processing forestry entity meets its obligations as regards logging 
and forest management 

Indicator 2.1: The forestry entity has competent and adequate professional resources, either 

internally or through the agency of a natural person or legal entity, to perform the 
management work  

References to legislation, regulations and rules  

–  Articles 23, 40(3), 63 and 64 of Law 94/01 
–  Article 35 of Decree 95-531 

Verifiers 

2.1.1 Approval of the enterprise or its various subcontractors having been involved in certain management 

activities (inventories, forestry) 

2.1.2 Service contracts with (an) approved structure(s) or a public body 

Indicator 2.2: The forestry entity holds a legal harvesting licence 

References to legislation, regulations and rules  

–  Articles 44 and 46 of Law 94/01  
–  Article 17 of Law 96/12 of 5 August 1996 setting out a framework law on environmental management 
–  Article 20 of Decree 0577 of 23 February 2005 

Verifiers 

2.2.1 Letter of approval of the terms of reference for the audit/environmental impact study/ 
2.2.2 Certificate of conformity of the environmental impact study/audit  
2.2.3 Annual operating permit  
2.2.4 Notification of the start of activities 

Indicator 2.3: The forestry entity respects the logging rules in the areas awarded 

References to legislation, regulations and rules 

–  Articles 51(1), 73(1) and (2) of Decree 95-531 
–  Articles 4(1), (2), (3) and 4), 6, 12(1) and (2) and 13(1) and (2) of Order No 222 
–  Sheets 6, 14 and 17 of PROC 
–  Rules on activities in forest areas (NIMF) 
–  Logging inventory rule 

Verifiers 

2.3.1 Count certificate or certificate confirming respect of the Rules on activities in forest areas 

Indicator 2.4: The forestry entity respects the authorised timber quantities (number of stems/volume) 

in accordance with the requirements of the annual permit 

References to legislation, regulations and rules  

–  Articles 46(3), 72(1) and 125(2) and (3) of Decree 95-531 
–  Article 6 of Order No 222 
–  Sheet 6 PROC 
–  Rules on activities in forest areas (NIMF) 

Verifiers 
2.4.1 Worksite books (DF10) or SIGIF declaration 
2.4.2 Count certificate 

EN 

40 

   EN 

Indicator 2.5: The forestry entity has complied with its tax and forestry tax obligations associated with 

its activity(ies) 

References to legislation, regulations and rules  

–  Articles 66, 67 and 69 of Law 94 
–  Article 122 of Decree 95-531  
–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)  
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 

2.5.1 Evidence of payment of forestry taxes, if stipulated in the terms and conditions, for the current year and the 

year preceding the year of verification 

Criterion 3: The logging/processing forestry entity meets its obligations as regards timber 
transportation 

Indicator 3.1: The forestry entity ensures that the timber and derived products are accompanied by all 

the documents required in order to certify their legal origins  

References to legislation, regulations and rules  

–  Articles 127(1) and 128 of Decree 95-531 

Verifiers 

3.1.1 Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the 

transportation of logs and cut timber by road 

3.1.2 Special declaration on note stamped by the competent manager in the event of transportation by rail 
3.1.3 Loading certificate of the competent customs department (transport in containers) together with the loading 

report of the forestry department 

Criterion 4: The logging/processing forestry entity meets its social obligations 

Indicator 4.1: The forestry entity meets its obligations in relation to employment law, social security 
law and the collective bargaining agreements of the timber industry  

References to legislation, regulations and rules  

–  Articles 61(2) and 62(2) of Law No°92/007 of 14 August 1992 setting out the Employment Code 
–  Decree No 2008/2115/PM of 24 January 2008 revaluing the minimum guaranteed interprofessional salary 

(SMIG) 

–  Ordinance No 73-17 of 22 May 1973 organising social security 
–  Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of Ordinance 

No 73-17 of 22 May 1973 organising the National Social Security Fund 

–  Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National 

Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit 
insurance 

–  Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit 

insurance, amended by Law No 84/007 of 4 July 1984 

–  Order No 039/MTPS/IMT of the Ministry of Labour and Social Security laying down the general provisions 

relating to health and safety at the workplace  

–  Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the 

election arrangements and conditions for exercise of the duties of staff representatives 

–  The national collective bargaining agreement (April 2002) of the companies involved in logging and in the 

processing of forest products and associated activities  

–  Order No 11/DEC/DT of 25 May 1978 laying down the arrangements for the summoning and appearance of the 

Parties before the Employment Inspector for the settlement of employment disputes 

–  Practical directives from the International Labour Organization (ILO) 

EN 

41 

   EN 

–  Law 64/LF/23 of 13 November 1964 protecting public health 
–  Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious 
–  Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the 

establishments in question] 

–  Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest 

products and associated activities 

Verifiers 

4.1.1 Certificate of registration issued by the CNPS 
4.1.2 Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the 

administrative district  

4.1.3 Internal rules stamped by the employment inspector of the administrative district 
4.1.4 Reports on the election of staff representatives 
4.1.5 Agreement on visits and care with a general practitioner 
4.1.6 Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise 
4.1.7 Inspection reports of the Ministry of Health 
4.1.8 Declaration of establishment sent to the employment inspector of the administrative district 

Indicator 4.2: The forestry entity respects the provisions of its terms and conditions in relation to the 

local communities within its area(s) of work. 

References to legislation, regulations and rules  

–  Article 36 of Law 94 
–  Chapter II of the Rules on activities in forest areas, Articles 4 and 5 

Verifiers 

4.2.1 Terms and conditions 
4.2.2 Reports on the realisation of the social projects laid down in the terms and conditions 
4.2.3 Minutes of the information meeting on the forestry right, signed by the administration or the Prefect 

Criterion 5: The forestry entity meets its obligations in relation to the protection of 
biodiversity and the environment 

Indicator 5.1: The forestry entity has made the necessary arrangements to prohibit the involvement of 
its staff in poaching, commercial hunting and the transportation or trade in hunting 
equipment and means. It encourages, supports and/or initiates all campaigns seeking 
to ensure application of the regulations in relation to hunting and to the protection of 
the fauna on its sites. 

References to legislation, regulations and rules  

–  Article 11(1) and (3) of Order No 222  
–  Chapter VI of the Rules on activities in forest areas, Articles 28, 29 and 30 

Verifiers 

5.5.1 Internal rules 
5.1.2 Memoranda giving details of the ban on poaching and transportation of bush meat  
5.1.3 Memoranda publishing any penalties 
5.1.4 Record of offences 
5.1.5 Food supply plan 

Indicator 5.2: The forestry entity has complied with the legislation relating to the studies of 

environmental impact, and implements or arranges for implementation of the 
identified mitigating measures  

References to legislation, regulations and rules  

–  Decree 0577 of 23 February 2005 
–  Article 11(1) and (2) of Order No 222 of 25 May 2001  

EN 

42 

   EN 

–  Articles 3 and 4 of Order 0069/MINEP of 8 March 2005 
–  Article 16 of the terms and conditions of the Centre for Enterprise Development  
–  Rules on activities in forest areas (in general) 
–  Article 17, 79, 82 of Law 96/12 of 05.08.96 setting out a framework law on environmental management  
–  Guide on environmental measures in relation to logging 

Verifiers 

5.2.1 Environmental inspection report 
5.2.2 Certificate confirming respect of the environmental clauses 
5.2.3 Record of environmental offences 

EN 

43 

   EN 

MATRIX 3: AUTHORISATION TO RECOVER STANDING TREES (ARB) 
Criterion 1: The logging forestry entity is legally authorised 

Indicator 1.1: The forestry entity has legal personality and is approved as a logger.  

References to legislation, regulations and rules  

–  Articles 41 and 42 of Law 94/01  
–  Articles 35(1) and 36 of Decree 95-531  

Verifiers 
1.1.1 Certificate of domicile (natural person)  
1.1.2 Commercial register maintained at the competent court office (legal entity) 
1.1.3 Forestry approval granted by the competent authority 
1.1.4 Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal 

Indicator 1.2: The forestry entity holds a salvage licence issued by the administration responsible for 

forests, in accordance with the law 

References to legislation, regulations and rules  

–  Article 73 of Law 94/01 
–  Article 110(1) and (2) of Decree 95/531  
–  Circular No 0354/LC/MINFOF/SG/DF/SDAFF/SN  

Verifiers 

1.2.1 Project document 
1.2.2 Environmental conformity certificate issued to the project promoter by the Minister responsible for the 

environment 

1.2.3 Letter from the competent Minister stating the need to salvage the timber before the project is implemented 
1.2.4 Results of the inventory of the timber concerned 
1.2.5 Notice of public invitation to tender 
1.2.6 Document from the interministerial committee selecting the forestry entity as the best bidder 
1.2.7 Receipts for payment of the sales price  
1.2.8 Salvage licence issued by the competent manager of the forestry administration 
1.2.9 Notification of the start of the work 

Indicator 1.3: In the event that the salvage work is subcontracted, the subcontracting forestry entity 

has documents confirming the regularity of the situation 

References to legislation, regulations and rules  

–  Articles 41 and 42 of Law 94/01  
–  Articles 35(1), 36 and 140(1), (2), (3), (4) and (5) of Decree 95-531  

Verifiers 

1.3.1 Subcontracting/partnership agreement 
1.3.2 Receipt for registration of the agreement approved by the local authorities of the Ministry responsible for 
forests 
1.3.3 Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests 
1.3.4 Commercial register maintained at the competent court office 
1.3.5 Forestry approval granted by the competent authority (logging) 
1.3.6 Extract from the registration of the logging hammer with the office of the competent court 

Indicator 1.4: The forestry entity has not been suspended or had its approval or right withdrawn by 

the administration 

References to legislation, regulations and rules  

EN 

44 

   EN 

–  Articles 130, 131, 132 and 146 of Decree 95-531 

Verifiers 

1.4.1 Records/files of offences published by the competent administrations 
1.4.2 Register of disputes of the competent local departments 
1.4.3 Suspension decision of the Minister responsible for forests, substantiated and challenged, if applicable 

Indicator 1.5: The forestry entity has complied with its tax obligations under existing law 

References to legislation, regulations and rules  

–  Article 122 of Decree 95-531 
–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)  
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 

1.5.1 Tax patent 
1.5.2 Certificate of solvency/tax certificate of the competent tax office  

Criterion 2: The logging forestry entity meets its logging obligations 

Indicator 2.1: The forestry entity respects the location of the project 

References to legislation, regulations and rules  

–  Articles 4(1), (2), (3) and (4), 6, 12(1) and (2) and 13(1) and (2) of Order No 222  
–  Sheets 6, 14 and 17 of PROC 
–  Rules on activities in forest areas (NIMF) 

Verifiers 

2.1.1 Project documents identifying the precise location of the project approved by the competent managers of the 

supervising Ministry (agriculture, public works) 

2.1.2 Count certificate or inspection report 

Indicator 2.2: The forestry entity respects the authorised timber quantities (number of stems/estimated 

volume) in accordance with the requirements of the licence  

References to legislation, regulations and rules  

–  Article 6 of Order No 222 

Verifiers 

2.2.1 Count certificate or inspection reports from the forestry administration  

Indicator 2.3: The forestry entity has complied with its tax and forestry tax obligations associated with 

its activity(ies) 

References to legislation, regulations and rules  

–  Article 73(2) of Law 94/01 
–  Articles 122 and 110(1) of Decree 95-531 
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 
2.3.1 Evidence of payment of the sales price (tender price + 13%)  
2.3.3 Evidence of payment of all other taxes stipulated in the terms and conditions 

EN 

45 

   EN 

Criterion 3: The logging forestry entity meets its obligations as regards timber transportation 

Indicator 3.1: The forestry entity ensures that the salvaged timber is transported entirely legally and is 

accompanied by all the documents required in order to certify its legal origins 

References to legislation, regulations and rules  

–  Articles 127(1) and 128 of Decree 95-531  

Verifiers  

3.1.1 Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the 

transportation of logs and cut timber by road 

3.1.2 Special declaration on note stamped by the competent manager in the event of transportation by rail 
3.1.3 Loading certificate of the competent customs department (transport in containers) together with the loading 

report of the forestry departments and the place of loading 

Criterion 4: The logging forestry entity meets its social obligations 

Indicator 4.1: The forestry entity meets its obligations in relation to employment law, social security 
law and the collective bargaining agreements of the timber industry  

References to legislation, regulations and rules  

–  Articles 61(2) and 62(2) of Law No°92/007 of 14 August 1992 setting out the Employment Code. 
–  Decree No 2008/2115/PM of 24 January 2008 revaluing the minimum guaranteed interprofessional salary 

(SMIG) 

–  Ordinance No 73-17 of 22 May 1973 organising social security 
–  Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of Ordinance 

No 73-17 of 22 May 1973 organising the National Social Security Fund 

–  Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National 

Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit 
insurance 

–  Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit 

insurance, amended by Law No 84/007 of 4 July 1984 

–  Order No 039/MTPS/IMT of the Ministry of Labour and Social Security laying down the general provisions 

relating to health and safety at the workplace  

–  Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the 

election arrangements and conditions for exercise of the duties of staff representatives 

–  The national collective bargaining agreement (April 2002) of the companies involved in logging and in the 

processing of forest products and associated activities  

–  Order No 11/DEC/DT of 25 May 1978 laying down the arrangements for the summoning and appearance of the 

Parties before the Employment Inspector for the settlement of employment disputes 

–  Practical directives from the International Labour Organization (ILO) 
–  Law 64/LF/23 of 13 November 1964 protecting public health 
–  Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious 
–  Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the 

establishments in question] 

–  Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest 

products and associated activities 

Verifiers 

4.1.1 Certificate of registration issued by the CNPS 
4.1.2 Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the 
administrative district  
4.1.3 Internal rules stamped by the employment inspector of the administrative district 
4.1.4 Reports on the election of staff representatives 
4.1.5 Agreement on visits and care with a general practitioner 
4.1.6 Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise 
4.1.7 Inspection reports of the Ministry of Health 

EN 

46 

   EN 

4.1.8 Declaration of establishment sent to the employment inspector of the administrative district 

Indicator 4.2: The forestry entity respects the provisions of its terms and conditions in relation to the 

local communities within its area(s) of work. 

References to legislation, regulations and rules  

–  Article 36 of Law 94/01 
–  Chapter II of the Rules on activities in forest areas, Articles 4 and 5 

Verifiers 

4.2.1 Terms and conditions 
4.2.2 Reports on the realisation of the social projects laid down in the terms and conditions 
4.2.3 Minutes of the information meeting on the forestry right, signed by the administration or the Prefect 
Criterion 5: The logging forestry entity meets its obligations as regards biodiversity 
protection 

Indicator 5.1: The logging forestry entity has made the necessary arrangements to prohibit the 

involvement of its staff in poaching, commercial hunting and the transportation or 
trade in hunting equipment and means. It encourages, supports and/or initiates all 
campaigns seeking to ensure application of the regulations in relation to hunting and 
to the protection of the fauna on its sites. 

References to legislation, regulations and rules  

–  Article 11(1) and (3) of Order No 222  
–  Terms and conditions  
–  Chapter VI of the Rules on activities in forest areas, Articles 28, 29 and 30 

Verifiers 

5.1.1 Internal rules 
5.1.2 Memoranda giving details of the ban on poaching and transportation of bush meat  
5.1.3 Memoranda publishing any penalties 
5.1.4 Record of offences 

EN 

47 

   EN 

MATRIX 4: TIMBER REMOVAL LICENCE (AEB) (HARVESTED, FAILED, 
ABANDONED OR CONFISCATED) 

Criterion 1: The logging forestry entity is legally authorised 

Indicator 1.1: The forestry entity has legal personality and is approved as a logger.  

References to legislation, regulations and rules  

–  Article 41 of Law 94/01  
–  Articles 35(1) and 36 of Decree 95-531  

Verifiers 
1.1.1 Certificate of domicile (natural person)  
1.1.2 Commercial register maintained at the competent court office (legal entity) 
1.1.3 Forestry approval granted by the competent authority 
1.1.4 Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal 

Indicator 1.2: The forestry entity holds a timber removal licence issued by the administration 

responsible for forests, in accordance with the law 

References to legislation, regulations and rules 

–  Articles 56, 111 and 112 of Decree 95-531 

Verifiers 

1.2.1 Reports on offences and on confiscation of fraudulently logged timber (confiscated timber) 
1.2.2 Report on abandoned billets drawn up by the local manager of the administration responsible for forests and 

summons letter sent to the owners (billets abandoned in the forest or failed) 
1.2.3 Notice of public invitation to tender (confiscated, abandoned or failed timber) 
1.2.4 Document from the sales committee selecting the forestry entity as the best bidder 
1.2.5 Auction report and related receipts (sale amount + 13%) 
1.2.6 Stocktaking report (timber properly felled and not removed on expiry of the right) 
1.2.7 Licence to remove timber issued by the competent manager of the forestry administration 
1.2.8 Notification of the start of the work 

Indicator 1.3: The forestry entity has not been suspended or had its approval or right withdrawn by 

the administration and is not implicated in the commission of the offence on account 
of which the timber has been confiscated 

References to legislation, regulations and rules  

–  Chapter 3 of Law 94/01 
–  Articles 146,150 and 152 of Law 94/01  
–  Articles 130, 131, 132, 135 and 146 of Decree 95-531 

Verifiers 

1.3.1 Records/files of offences published by the competent administrations 
1.3.2 Suspension decision of the Minister responsible for forests, substantiated and challenged, if applicable 
1.3.3 Report on an offence, closed and entered in the register of offences of the competent local departments 

Indicator 1.4: The forestry entity has complied with its tax obligations under existing law 

References to legislation, regulations and rules  

–  Article 122 of Law 94/01 
–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)  
–  Finance Law 2002/003 and subsequent revisions 

EN 

48 

   EN 

Verifiers 

1.4.1 Tax patent 
1.4.2 Certificate of solvency/tax certificate of the competent tax office  

Criterion 2: The logging forestry entity meets its logging obligations 

Indicator 2.1: The forestry entity respects the timber quantities (volume) awarded in accordance with 

the requirements of the licence 

References to legislation, regulations and rules  

–  Articles 144 and 148 of Law 94/01of 20 January 1994 

Verifiers 

2.1.1 Auction reports 
2.1.1 Stubs of waybills or SIGIF declaration 
2.1.3 Count certificate 

Indicator 2.2: The forestry entity has complied with its tax and forestry tax obligations associated with 

its activity(ies) 

References to legislation, regulations and rules 

–  Articles 111(2), 112(3), 113(2) and 122 of Decree 95-531  
–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)  
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 
2.2.1 Evidence of payment of the sales price  
2.2.2 Evidence of payment of 13% on top of the sales price 
Criterion 3: The logging forestry entity meets its obligations as regards timber transportation 

Indicator 3.1: The forestry entity ensures that the timber removed is transported entirely legally and is 

accompanied by all the documents required and regulatory markings in order to 
certify its legal origins 

References to legislation, regulations and rules  

–  Articles 127(1) and 128 of Decree 95-531  

Verifiers 

3.1.1 Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the 

transportation of logs and cut timber by road 

3.1.2 Special declaration on note stamped by the competent manager in the event of transportation by rail 
3.1.3 Loading certificate of the competent customs department (transport in containers) together with the loading 

report of the forestry departments and the place of loading 

Criterion 4: The logging forestry entity meets its social obligations 

Indicator 4.1: The forestry entity meets its obligations in relation to employment law, social security 
law and the collective bargaining agreements of the timber industry  

References to legislation, regulations and rules  

–  Articles 61(2) and 62(2) of Law No°92/007 of 14 August 1992 setting out the Employment Code. 
–  Decree No 2008/2115/PM of 24 January 2008 revaluing the minimum guaranteed interprofessional salary 

(SMIG) 

–  Ordinance No 73-17 of 22 May 1973 organising social security 

EN 

49 

   EN 

–  Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of Ordinance 

No 73-17 of 22 May 1973 organising the National Social Security Fund 

–  Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National 

Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit 
insurance 

–  Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit 

insurance, amended by Law No 84/007 of 4 July 1984 

–  Order No 039/MTPS/IMT of the Ministry of Labour and Social Security laying down the general provisions 

relating to health and safety at the workplace  

–  Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the 

election arrangements and conditions for exercise of the duties of staff representatives 

–  The national collective bargaining agreement (April 2002) of the companies involved in logging and in the 

processing of forest products and associated activities  

–  Order No 11/DEC/DT of 25 May 1978 laying down the arrangements for the summoning and appearance of the 

Parties before the Employment Inspector for the settlement of employment disputes 

–  Practical directives from the International Labour Organization (ILO) 
–  Law 64/LF/23 of 13 November 1964 protecting public health 
–  Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious 
–  Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the 

establishments in question] 

–  Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest 

products and associated activities 

Verifiers 

4.1.1 Certificate of registration issued by the CNPS 
4.1.2 Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the 

administrative district  

4.1.3 Internal rules stamped by the employment inspector of the administrative district 
4.1.4 Reports on the election of staff representatives 
4.1.5 Agreement on visits and care with a general practitioner 
4.1.6 Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise 
4.1.7 Inspection reports of the Ministry of Health 
4.1.8 Declaration of establishment sent to the employment inspector of the administrative district 

EN 

50 

   EN 

MATRIX 5: CUT TIMBER SALE (VC) IN THE NATIONAL FOREST DOMAIN 

Criterion 1: The logging forestry entity is legally authorised 

Indicator 1.1: The forestry entity has legal personality and is approved as a logger.  

References to legislation, regulations and rules  

–  Article 41 of Law 94  
–  Articles 35(1) and 36 of Decree 95-531  

Verifiers 
1.1.1 Certificate of domicile (natural person)  
1.1.2 Commercial register maintained at the competent court office (legal entity) 
1.1.3 Forestry approval granted by the competent authority 
1.1.4 Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal 

Indicator 1.2: The forestry entity is the holder of a cut timber sale licence legally awarded by the 

administration responsible for forests 

References to legislation, regulations and rules  

–  Article 57 of Law 94/01 
–  Articles 51(1) and (2), 58(2), (3) and (4),60, 81, 82 and 83 of Decree 95-531 

Verifiers 

1.2.1 Notice of public invitation to tender, based on respect of the pre-emptive right) 
1.2.2 Document from the interministerial committee selecting the forestry entity offering the highest forestry fee 
1.2.3 Receipt for registration of a complete file relating to the award of cut timber sales 
1.2.4 Proof of deposit of the surety with the Public Revenue Department  
1.2.5 Order awarding cut timber sale signed by the Minister responsible for forests, based on information from the 

invitations to tender 

1.2.6 Minutes of the information meeting, signed by the Prefect 

Indicator 1.3: In the event that the logging activity is subcontracted, the subcontracting forestry entity 

has documents confirming the regularity of the situation. 

References to legislation, regulations and rules  

–  Articles 41 and 42 of Law 94/01  
–  Articles 35(1), 36 and 140(1), (2), (3), (4) and (5) of Decree 95-531  

Verifiers 
1.3.1 Subcontracting/partnership agreement  
1.3.2 Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests  
1.3.3 Receipt for registration of the agreement approved by the local authorities of the Ministry responsible for 
forests 
1.3.4 Commercial register maintained at the competent court office 
1.3.5 Forestry approval granted by the competent authority  
1.3.6 Extract from the registration of the logging hammer with the office of the competent court 

Indicator 1.4: The forestry entity has not been suspended or had its approval or right withdrawn by 

the administration 

References to legislation, regulations and rules  

–  Chapter 3 of Law 94/01 
–  Articles 130, 131 and 132 of Decree 95-531  

Verifiers 
1.4.1 Records/files of offences published by the competent administrations  

EN 

51 

   EN 

1.4.2 Register of disputes of the competent local departments 
1.4.3 Suspension decision of the Minister responsible for forests, substantiated and challenged, if applicable 

Indicator 1.5: The forestry entity has complied with its tax obligations under existing law 

References to legislation, regulations and rules  

–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)  
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 

1.5.1 Tax patent 
1.5.2 Certificate of solvency/tax certificate of the competent tax office  

Criterion 2: The logging forestry entity meets its logging obligations 

Indicator 2.1: The forestry entity has competent and adequate professional resources, either 

internally or through the agency of a natural person or legal entity, to produce the 
logging inventory 

References to legislation, regulations and rules  

–  Articles 40(3) and 64 of Law 94/01  
–  Article 35 of Decree 95-531  

Verifiers 

2.1.1 Approval of the enterprise or its various subcontractors having been involved in certain inventory/forestry 

activities 

2.1.2 Service contracts with (an) approved structure(s) or a public body. 

Indicator 2.2: The forestry entity respects the logging rules in the areas awarded  

References to legislation, regulations and rules  

–  Article 45 of Law 94/01  
–  Article 4(1), (2), (3) and (4) of Order 222  
–  Sheets 14 and 17 of PROC 
–  Logging inventory rules 
–  Rules on activities in forest areas (NIMF) 

Verifiers 

2.2.1 Count certificate or certificate confirming respect of the Rules on activities in forest areas 

Indicator 2.3: The forestry entity holds a legal harvesting licence  

References to legislation, regulations and rules  

–  Article 45(1) of Law 94/01 
–  Articles 17, 79, 82 of Law 96/12 of 5 August 1996 setting out a framework law on environmental management  
–  Article 20 of Decree 0577 of 23 February 2005 

Verifiers 

2.3.1 Letter of approval of the terms of reference for the environmental impact audit/study 
2.3.2 Environmental conformity certificate  
2.3.4 Annual harvest certificate 
2.3.5 Notification of the start of activities 

Indicator 2.4: The forestry entity respects the authorised timber quantities (number of stems/volume) 

in accordance with the requirements of the annual certificate 

EN 

52 

   EN 

References to legislation, regulations and rules  

–  Articles 72(1) and 125(2) and (3) of Decree 95-531  
–  Rules on activities in forest areas (NIMF) 
–  Sheet 6 PROC 

Verifiers 
2.4.1 Worksite books (DF10) or SIGIF declaration  
2.4.2 Count certificate 

Indicator 2.5: The forestry entity has complied with its tax and forestry tax obligations associated with 

its activity(ies) 

References to legislation, regulations and rules  

–  Articles 66, 67 and 69 of Law 94/01 
–  Article 122 of Decree 95-531 
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 

2.5.1 Certificate of registration of the bank guarantee 
2.5.2 Evidence of payment (RFA, TA, all forestry taxes, if stipulated in the terms and conditions), for the current 

year and the year preceding the year of verification 

Criterion 3: The logging forestry entity meets its obligations as regards timber transportation 

Indicator 3.1: The forestry entity ensures that the logs produced are accompanied by all the 

documents and regulatory markings required in order to certify their legal origins 

References to legislation, regulations and rules  

–  Articles 127(1) and 128 of Decree 95-531  

Verifiers 

3.1.1 Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the 

transportation of logs and cut timber by road 

3.1.2 Special declaration on note stamped by the competent manager in the event of transportation by rail 
3.1.3 Loading certificate of the competent customs department (transport in containers) together with the loading 

report of the forestry department and the place of loading 

Criterion 4: The logging forestry entity meets its social obligations 

Indicator 4.1: The forestry entity meets its obligations in relation to employment law, social security 
law and the collective bargaining agreements of the timber industry  

References to legislation, regulations and rules 

–  Articles 61(2) and 62(2) of Law No°92/007 of 14 August 1992 setting out the Employment Code. 
–  Decree No 2008/2115/PM of 24 January 2008 revaluing the minimum guaranteed interprofessional salary 

(SMIG) 

–  Ordinance No 73-17 of 22 May 1973 organising social security 
–  Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of Ordinance 

No 73-17 of 22 May 1973 organising the National Social Security Fund 

–  Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National 

Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit 
insurance 

–  Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit 

insurance, amended by Law No 84/007 of 4 July 1984 

–  Order No 039/MTPS/IMT of the Ministry of Labour and Social Security laying down the general provisions 

relating to health and safety at the workplace  

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–  Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the 

election arrangements and conditions for exercise of the duties of staff representatives 

–  The national collective bargaining agreement (April 2002) of the companies involved in logging and in the 

processing of forest products and associated activities  

–  Order No 11/DEC/DT of 25 May 1978 laying down the arrangements for the summoning and appearance of the 

Parties before the Employment Inspector for the settlement of employment disputes 

–  Practical directives from the International Labour Organization (ILO) 
–  Law 64/LF/23 of 13 November 1964 protecting public health 
–  Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious 
–  Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the 

establishments in question] 

–  Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest 

products and associated activities 

Verifiers 

4.1.1 Certificate of registration issued by the CNPS 
4.1.2 Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the 

administrative district  

4.1.3 Internal rules stamped by the employment inspector of the administrative district 
4.1.4 Reports on the election of staff representatives 
4.1.5 Agreement on visits and care with a general practitioner 
4.1.6 Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise 
4.1.7 Inspection reports of the Ministry of Health 
4.1.8 Declaration of establishment sent to the employment inspector of the administrative district 

Indicator 4.2: The forestry entity respects the social obligations prescribed by the Forestry Code 

References to legislation, regulations and rules  

–  Articles 36 and 61(1) and (3) of Law 94/01 
–  Article 85 of Decree No 95/531 
–  Decision No 0108/D/MINEF/CAB of 9 February 1998 applying the Rules on activities in forest areas 
–  Chapter II of the Rules on activities in forest areas 

Verifiers 

4.2.1 Terms and conditions 
4.2.2 Reports on the realisation of the social projects laid down in the terms and conditions 
4.2.3 Minutes of the information meeting on logging under the forestry right, signed by all the stakeholders  
4.2.4 Record/file of offences/report 

Criterion 5: The logging forestry entity meets its obligations in relation to the protection of 
biodiversity and the environment 

Indicator 5.1: The forestry entity has made the necessary arrangements to prohibit the involvement of 
its staff in poaching, commercial hunting and the transportation or trade in hunting 
equipment and means. It encourages, supports and/or initiates all campaigns seeking 
to ensure application of the regulations in relation to hunting and to the protection of 
the fauna on its sites. 

References to legislation, regulations and rules  

–  Article 11(1) and (3) of Order No 222  
–  Chapter VI of the Rules on activities in forest areas, Articles 28, 29 and 30 

Verifiers 

5.5.1 Internal rules 
5.1.2 Memoranda giving details of the ban on poaching and transportation of bush meat  
5.1.3 Memoranda publishing any penalties 
5.1.4 Record of offences 

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Indicator 5.2: The forestry entity has complied with the legislation relating to the studies of 
environmental impact, and implements the identified mitigating measures 

References to legislation, regulations and rules  

–  Decree 0577 of 23 February 2005 
–  Article 11(1) and (2) of Order No 222 of 25 May 2001  
–  Articles 3 and 4 of Order 0069/MINEP of 8 March 2005 
–  Article 16 of the terms and conditions of the Enterprise Development Centre  
–  Rules on activities in forest areas (in general) 
–  Law 96/12 of 5 August 1996 setting out a framework law on environmental management (Articles 17, 79 and 

82) 

–  Guide on environmental measures in relation to logging 

Verifiers 

5.2.1 Environmental inspection report 
5.2.2 Certificate confirming respect of the environmental clauses 
5.2.3 Record of environmental offences  

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MATRIX 6: STATE LOGGING OF A COMMUNITY FOREST 

Criterion 1: The logging forestry entity is legally authorised 

Indicator 1.1: The community is organised in the form of a legally recognised legal entity  

References to legislation, regulations and rules  

–  Article 28(3) of Decree 95-531 
–  Decision No 0098/D/MINFOF/SG/DF/SDFC adopting the document entitled ‘Manual of award procedures and 
management rules for community forests – Version 2009’ Points 3.1, 3.2, 3.5 of the manual of procedures 

–  Law 90 on associations 
–  Law 92 on cooperatives and GICs (Communal Interest Groups) 
–  OHADA (Organisation for the Harmonisation of Business Law in Africa) uniform act on commercial 

companies and general interest groups 

Verifiers 
1.1.1 Declaration receipt (associations)  
1.1.2 Registration certificate (communal initiative groups and cooperatives)  
1.1.3 Instrument of the clerk of the court (economic interest groups; EIGs) 

Indicator 1.2: The community is the beneficiary of a legally awarded community forest and a 

management agreement signed with the administration 

References to legislation, regulations and rules  

–  Articles 37 and 38(1) of Law 94/01 
–  Articles 27(2) and (3), 28(1) and (2) and 29(1) and (2) of Decree 95-531 
–  Decision No 0098/D/MINFOF/SG/DF/SDFC adopting the document entitled ‘Manual of award procedures and 
management rules for community forests – Version 2009’ Points 5.1; 5.12.1; 5.13 and 5.17 of the manual of 
procedures, version 2009 

Verifiers 

A– Provisional management agreement 

1.2.1 Receipt for registration of a complete file relating to the award of a community forest 
1.2.2 Provisional management agreement signed by the community and the competent administrative authority 

B- Final management agreement 

1.2.3 Receipt for registration of a complete PSG (Simple Management Plan) tender file for the final agreement 
1.2.4 Document approving the PSG, signed by the Minister for Forestry and Wildlife 
1.2.5 Final management agreement signed by the competent administrative authority  

 Indicator 1.3: In the event that the logging activity is subcontracted, the subcontracting forestry 
entity has documents confirming the regularity of the situation 

References to legislation, regulations and rules  

–  Articles 41and 42 of Law 94/01  
–  Articles 35(1), 36 and 140(1), (2), (3), (4) and (5) of Decree 95-531  

Verifiers 
1.3.1 Subcontracting/partnership agreement  
1.3.2 Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests 
1.3.3 Commercial register maintained at the competent court office 
1.3.4 Forestry approval granted by the competent authority  
1.3.5 Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal 

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Indicator 1.4: The community is not the subject of a measuring withdrawing or suspending the 
existing management agreement by the administration responsible for forests 

References to legislation, regulations and rules  

–  Articles 38(2) and 65 of Law 94/01 
–  Articles 31(1) and 32(3) of Decree 95-531 

Verifiers 

1.4.1 Record of offences published by the ministry responsible for forests or report on offence(s) drawn up by the 

sworn agent of the Ministry responsible for forests 

1.4.2 Suspension decision of the Minister responsible for forests, if applicable 
1.4.3 Register of disputes of the competent local departments 

Criterion 2: The logging forestry entity meets its obligations as regards logging and forest 
management 

Indicator 2.1: The forestry entity has competent and adequate professional resources, either 

internally or through the agency of a natural person or legal entity, to perform the 
inventory work stipulated in the PSG 

References to legislation, regulations and rules  

–  Articles 40(3) and 64 of Law 94/01  
–  Article 35 of Decree 95-531  

Verifiers 
2.1.1 Approval of various subcontractors having been involved in certain management activities (inventories)  
2.1.2 Service contracts with (an) approved structure(s) or a public body 
2.1.3 Certificate of conformity of the inventory work 

Indicator 2.2: The forestry entity holds a legal harvesting licence  

References to legislation, regulations and rules  

–  Article 17 of Law 96/12 of 5/08/96 setting out a framework law on environmental management 
–  Article 20 of Decree 0577 of 23 February 2005 
–  Article 96(2) of the Decree of 23 August 1995 
–  Decision No 0098/D/MINFOF/SG/DF/SDFC adopting the document entitled ‘Manual of award procedures and 
management rules for community forests – Version 2009’ Point 8.2.2.1 of the manual of procedures, version 
2009 

Verifiers 

2.2.1 Letter of approval of the terms of reference for the environmental impact study/audit 
2.2.2 Environmental conformity certificate 
2.2.3 Annual logging certificate 
2.2.4 Notification of the start of activities 

Indicator 2.3: The forestry entity respects the logging rules in the land authorised for logging  

References to legislation, regulations and rules  

–  Logging inventory rules 
–  Circular 0048/LC/MINFOF/SG/DF/SDFC of 16 January 2009 
–  Rules on activities in forest areas (NIMF) 

Verifiers 

2.3.1 Count certificate or certificate confirming respect of the Rules on activities in forest areas 
2.3.2 Annual report on activities 

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Indicator 2.4: The forestry entity respects the authorised timber quantities (number of stems/volume) 
in accordance with the requirements of the annual logging certificate 

References to legislation, regulations and rules  

–  Article 125 of Decree 95-531  
–  Rules on activities in forest areas (NIMF) 

Verifiers 

2.4.1 Worksite books (DF10) or SIGIF declaration and waybills 
2.4.2 Count certificate 
2.4.3 Annual report on activities 

Criterion 3: The logging/processing forestry entity meets its obligations as regards timber 
transportation 

Indicator 3.1: The forestry entity ensures that the timber and derived products are transported entirely 

legally and are accompanied by all the documents required and regulatory markings 
in order to certify their legal origins 

References to legislation, regulations and rules  

–  Articles 127(2) and 128 of Decree 95-531  

Verifiers 

3.1.1 Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the 

transportation of logs and cut timber by road  

3.1.2 Special declaration on note stamped by the competent manager in the event of transportation by rail 
3.1.3 Loading certificate of the competent customs department (transport in containers) together with the loading 

report of the forestry department and the place of loading 

Criterion 4: The logging/processing forestry entity meets its social obligations 

Indicator 4.1: The forestry entity respects the provisions of the PSG in relation to the local 

communities within its area(s) of work. 

References to legislation, regulations and rules  

–  Article 36 of Law 94/01; Article 26(1) and (2) of the associated Decree 
–  Chapter II of the Rules on activities in forest areas, Articles 4 and 5 

Verifiers 

4.1.1 Simple management plan 

Criterion 5: The logging/processing forestry entity meets its obligations in relation to the 
protection of biodiversity and the environment 

Indicator 5.1: The forestry entity has made the necessary arrangements to prohibit the involvement of 

the population in poaching, commercial hunting and the transportation or trade in 
hunting equipment and means. It encourages, supports and/or initiates all campaigns 
seeking to ensure application of the regulations in relation to the protection of 
biodiversity in the community forest.  

References to legislation, regulations and rules  

–  Rules on activities in forest areas (in general) 
–  Decision No 0098/D/MINFOF/SG/DF/SDFC adopting the document entitled ‘Manual of award procedures and 

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management rules for community forests – Version 2009’ Point 8.1 of the manual 

–  Article 32(2) of the Decree 
–  Articles 78 et seq. of the Law 

Verifiers 
5.1.1 Information and awareness media (posters, reports, video, cassettes etc.) and/or internal rules  
5.1.2 Simple management plan 

Indicator 5.2: The forestry entity has complied with the environmental legislation and implements the 

identified mitigating measures 

References to legislation, regulations and rules  

–  Decree 0577 of 23 February 2005 
–  Articles 3 and 4 of Order 0069/MINEP of 8 March 2005 
–  Rules on activities in forest areas (in general) 
–  Article 17, 79, 82 of Law 96/12 of 5 August 1996 setting out a framework law on environmental management  
–  Guide on environmental measures in relation to logging 

Verifiers 
5.2.1 Simple management plan  
5.2.2 Certificate confirming respect of the environmental clauses 
5.2.3 Record of environmental offences 

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MATRIX 7: SPECIAL PERMIT (ebony logging) 

Criterion 1: The logging forestry entity is legally authorised 

Indicator 1.1: The forestry entity has legal personality and is approved as a logger. 

References to legislation, regulations and rules  

–  Articles 9, 41 and 42 of Law 94/01 
–  Articles 35(1), 36 and 114 of Decree 95-531  

Verifiers 
1.1.1 Certificate of domicile (natural person)  
1.1.2 Commercial register maintained at the competent court office (legal entity) 
1.1.3 Forestry approval granted by the competent authority 

Indicator 1.2: The forestry entity is the holder of a special permit legally awarded by the 

administration responsible for forests 

References to legislation, regulations and rules  

–  Articles 86(2) and 87 of Decree 95-531  

Verifiers 
1.2.1 Notice to the public  
1.2.2 Receipt for registration of a complete file relating to the award of the special permit  
1.2.3 Decision awarding the special licence, signed by the Minister responsible for forests 

Indicator 1.3: In the event that the logging/processing activity is subcontracted, the subcontracting 

forestry entity has documents confirming the regularity of the situation. 

References to legislation, regulations and rules  

–  Articles 41 and 42 of Law 94/01 
–  Articles 35(1), 36, 114 and 140(1), (2), (3), (4) and (5) of Decree 95-531  

Verifiers 

1.3.1 Subcontracting/partnership agreement 
1.3.2 Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests 
1.3.3 Commercial register maintained at the competent court office 
1.3.4 Forestry approval granted by the competent authority (logging) 
1.3.5 Authority to set up and operate an establishment classified by the Ministry responsible for the industry 

(processing)  

1.3.6 Certificate of registration as a timber processor from the Ministry responsible for forests (processing) 

Indicator 1.4: The forestry entity has not been suspended or had its approval or right withdrawn by 

the administration 

References to legislation, regulations and rules  

–  Articles 150 and 152 of Law 94/01 
–  Articles 130, 131 and 132 of Decree 95-531 

Verifiers 

1.4.1 Records/files of offences published by the competent administrations 
1.4.2 Register of disputes of the competent local departments 
1.4.3 Suspension decision of the Minister responsible for forests, substantiated and challenged, if applicable 

Indicator 1.5: The forestry entity has complied with its tax obligations under existing law 

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References to legislation, regulations and rules  

–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)  
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 

1.5.1 Tax patent 
1.5.2 Certificate of solvency/tax certificate of the competent tax office  

Criterion 2: The logging forestry entity meets its logging obligations 

Indicator 2.1: The forestry entity holds a legal harvesting licence 

References to legislation, regulations and rules  

–  Sheets 2 and 3 (PROC) 
–  Article 88(1) and (2) of Decree 95-531 

Verifiers 

2.1.1 Special permit 

Indicator 2.2: The forestry entity respects the timber quantities (tonnage/volume) awarded in 

accordance with the requirements of the special permit  

References to legislation, regulations and rules  

–  Article 125 of Decree 95-531  

Verifiers 
2.2.1 Stubs of waybills or SIGIF declaration  
2.2.2 Count certificate 

Indicator 2.3: The forestry entity has complied with its tax and forestry tax obligations associated with 

its activity(ies) 

References to legislation, regulations and rules  

–  Article 122 of Decree 95-531  
–  Article 86(6) of Law 94/01 
–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)  
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 

2.3.1 Evidence of payment of the regeneration tax for the current year and the year preceding the year of 

verification 

2.3.2 Terms and conditions 

Criterion 3: The logging forestry entity meets its obligations as regards the transportation of 
special products 

Indicator 3.1: The forestry entity ensures that the special products harvested or purchased on the 

local market for processing in its installations are accompanied by all the necessary 
documents to certify their legal origins 

References to legislation, regulations and rules  

–  Articles 115(1), (2) and (3), 127(1) and 128 of Decree 95-531  

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Verifiers 

3.1.1 Waybills signed by the competent authority 
3.1.2 Currently valid certificate of legality/permit of the supplier(s)  

Indicator 3.2: The forestry entity ensures that the special products imported for processing in its 
installations are accompanied by the necessary documents to certify their legal 
origins 

References to legislation, regulations and rules  

–  Articles 127(1) and 128 of Decree 95-531  

Verifiers 

3.2.1 Import licences issued by the competent authorities responsible for forests and finance 
3.2.2 International waybills stamped for the entire route 
3.2.3 Certificates of origin and phytosanitary certificates from the exporting country 
3.2.4 FLEGT licences of the country of origin, or any other private certificate of legality/sustainable management 

recognised by Cameroon 

Indicator 3.3: The forestry entity ensures that the special products from its installations are 

transported entirely legally and are accompanied by all the documents required in 
order to certify their legal origins 

References to legislation, regulations and rules  

–  Articles 127(2) and (3) and 128 of Decree 95-531  
–  Article 86(6) of Law 94/01 

Verifiers 

3.3.1 Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the 

transportation of logs and cut timber by road 

3.3.2 Specification bulletins 
3.3.3 Special declaration on note stamped by the competent manager in the event of transportation by rail 
3.3.4 Loading certificate of the competent customs department (transport in containers) together with the loading 

report of the forestry department and the place of loading 

3.3.5 Terms and conditions for the products under CITES 

Criterion 4: The logging forestry entity meets its social obligations 

Indicator 4.1: The forestry entity meets its obligations in relation to the Employment Code (processing 

and industrial) 

References to legislation, regulations and rules  

–  Law No 92/007 of 14 August 1992 setting out the Employment Code 
–  Social Security Code 
–  National collective bargaining agreement (April 2002) of the companies involved in logging and in the 
processing of forest products and associated activities (exercise of the right to form a union, staff 
representative, employment contract, working conditions and salaries, health and safety etc.). 

–  Article 49 of the national collective bargaining agreement  
–  Practical directives from the International Labour Organization (ILO) 

Verifiers 

4.1.1 Certificate of non-use of salaried staff (ANUPS) issued by the CNPS 
4.1.2 Certificate of registration issued by the CNPS 
4.1.3 Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the 

administrative district  

4.1.4 Internal rules stamped by the employment inspector of the administrative district 
4.1.5 Reports on the election of staff representatives 

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4.1.6 Agreement on visits and care with a general practitioner 
4.1.7 Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise 
4.1.8 Inspection reports of the Ministry of Health 
4.1.9 Declaration of establishment sent to the employment inspector of the administrative district 

Criterion 5: The logging forestry entity meets its obligations as regards environmental 
protection (industrial and processing) 

Indicator 5.1: The forestry entity has complied with the legislation relating to the studies of 
environmental impact, and implements the identified mitigating measures 

References to legislation, regulations and rules  

–  Guide on environmental measures in relation to logging in Cameroon 

Verifiers 

5.2.1 Certificate confirming respect of the environmental clauses 
5.2.2 Record of environmental offences 

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MATRIX 8: TIMBER PROCESSING UNIT (UTB). 
Criterion 1: The processing entity is legally authorised 

Indicator 1.1: The processing entity has legal personality and is registered as a timber processor  

References to legislation, regulations and rules  

–  Article 114 of Decree 95-531  
–  Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious 
–  Decree 99/818/PM of 9/ November 1999 laying down the provisions for setting up and operating [the 

establishments in question]  

–  Order No 013/MINEE/DMG/SL (Ministry of Energy and Water/Mines and Geology Division/SL of 

19 April 1977 repealing and replacing Order No 154 of 28 March 1957 coding dangerous, unhealthy or 
obnoxious establishments 

Verifiers 
1.1.1 Certificate of domicile (natural person)  
1.1.2 Commercial register maintained at the competent court office (legal entity) 
1.1.3 Authority to set up and operate a first class establishment from the Ministry responsible for the industry, or 

receipt of declaration (2nd class) 

1.1.4 Certificate of registration as a timber processor from the Ministry responsible for forests 
1.1.5 Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal 

Indicator 1.2: If the processing entity subcontracts the processing work to the holder of a forestry 
right, it has the documents certifying the regulatory of that situation in addition to 
those described under 1.1  

References to legislation, regulations and rules  

–  Article 42 of Law 94/01  
–  Articles 114 and 140(1), (2), (3), (4) and (5) of Decree 95-531  

Verifiers 
1.2.1 Subcontracting/partnership agreement  
1.2.2 Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests 
1.2.3 Certificate of domicile  
1.2.4 Commercial register maintained at the competent court office (logging) 
1.2.5 Forestry approval granted by the competent authority (logging) 
1.2.6 Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal 

(logging) 

Indicator 1.3: The processing entity has complied with its tax obligations 

References to legislation, regulations and rules  

–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)  
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 

1.3.1 Certificate of solvency/tax certificate of the competent tax office or proof of a moratorium (as applicable) 
1.3.2 Tax patent 

Criterion 2: The processing entity obtains supplies of timber of legal origin and meets its 
obligations in relation to timber transportation 

Indicator 2.1: The processing entity ensures that timber purchased on the local market for processing 

in its installations is accompanied by all the necessary documents to certify its legal 
origin 

References to legislation, regulations and rules  

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–  Articles 115(1), (2) and (3), 127(1) and 128 of Decree 95-531  

Verifiers 

2.1.1 Secure waybills, signed by the competent authority 
2.1.2 Certificate of legality of the supplier(s)  

Indicator 2.2: The processing entity ensures that the timber imported for processing in its installations 
is accompanied by the necessary documents to certify its legal origins  

References to legislation, regulations and rules  

–  Articles 127(2) and (3) and 128 of Decree 95-531  

Verifiers 

2.2.1 Import licences issued by the competent authorities responsible for forests and finance 
2.2.2 International waybills stamped for the entire route 
2.2.3 Certificates of origin and phytosanitary certificates from the exporting country 
2.2.4 FLEGT licences of the country of origin, or any other private certificate of legality/sustainable management 

recognised by Cameroon 

Indicator 2.3: The processing entity ensures that timber and derived products from its installations 

are transported entirely legally and are accompanied by all the documents required in 
order to certify their legal origins 

References to legislation, regulations and rules  

–  Articles 127(1) and 128 of Decree 95-531  

Verifiers 

2.3.1 Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the 

transportation of logs and cut timber by road 

2.3.2 Special declaration on note stamped by the competent manager in the event of transportation by rail 
2.3.3 Loading certificate of the competent customs department (transport in containers) together with the loading 

report of the forestry administration 

Indicator 2.4: The processing entity has complied with its tax and forestry tax obligations associated 

with its activity(ies) 

References to legislation, regulations and rules  

–  Article 122 of Decree 95-531  
–  Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)  
–  Finance Law 2002/003 and subsequent revisions 

Verifiers 

2.4.1 Evidence of payment of plant entry tax (TEU) and other forestry taxes, if stipulated in the terms and 

conditions, for the current year and the year preceding the year of verification 

Criterion 3: The processing entity meets its social obligations 

Indicator 3.1: The forestry entity meets its obligations in relation to employment law, social security 
law and the collective bargaining agreements of the timber industry  

References to legislation, regulations and rules  

–  Articles 61(2) and 62(2) of Law No°92/007 of 14 August 1992 setting out the Employment Code. 
–  Decree No 2008/2115/PM of 24 January 2008 revaluing the minimum guaranteed interprofessional salary 

(SMIG) 

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–  Ordinance No 73-17 of 22 May 1973 organising social security 
–  Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of ordinance 

No 73-17 of 22 May 1973 organising the National Social Security Fund 

–  Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National 

Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit 
insurance 

–  Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit 

insurance, amended by Law No 84/007 of 4 July 1984 

–  Order No 039/MTPS/IMT of the Ministry of Labour and Social Security laying down the general provisions 

relating to health and safety at the workplace  

–  Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the 

election arrangements and conditions for exercise of the duties of staff representatives 

–  The national collective bargaining agreement (April 2002) of the companies involved in logging and in the 

processing of forest products and associated activities  

–  Order No 11/DEC/DT of 25 May 1978 laying down the arrangements for the summoning and appearance of the 

Parties before the Employment Inspector for the settlement of employment disputes 

–  Practical directives from the International Labour Organization (ILO) 
–  Law 64/LF/23 of 13 November 1964 protecting public health 
–  Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious 
–  Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the 

establishments in question] 

–  Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest 

products and associated activities 

Verifiers 

3.1.1 Certificate of registration issued by the CNPS 
3.1.2 Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the 

administrative district  

3.1.3 Internal rules stamped by the employment inspector of the administrative district 
3.1.4 Reports on the election of staff representatives 
3.1.5 Agreement on visits and care with a general practitioner 
3.1.6 Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise 
3.1.7 Inspection reports of the Ministry of Health 
3.1.8 Declaration of establishment sent to the employment inspector of the administrative district 

Criterion 4: The processing entity meets its obligations in relation to environmental 
protection 

Indicator 4.1: The processing entity has complied with the legislation relating to the studies of 

environmental impact, and implements the identified mitigating measures 

References to legislation, regulations and rules  

–  Decree 0577 of 23 February 2005 
–  Article 11(1) and (2) of Order No 222 of 25 May 2001  
–  Articles 3 and 4 of Order 0069/MINEP of 8 March 2005 
–  Article 16 of the terms and conditions of the Enterprise Development Centre  
–  Rules on activities in forest areas (in general) 
–  Law 96/12 of 5 August 1996 setting out a framework law on environmental management (Articles 17, 79 and 

82) 

–  Guide on environmental measures in relation to logging  

Verifiers 
4.1.1 Letter of approval of the terms of reference for the environmental impact audit/study  
4.1.2 Certificate of conformity of the environmental impact study/audit 
4.1.3 Environmental inspection report  
4.1.4 Certificate confirming respect of the environmental clauses  
4.1.5 Record of environmental offences 

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References to existing legislation, regulations and rules 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

Law No 94-01 of 20 January 1994 setting out the Forest Code. 

Law  No  96-12  of  5  August  1996  setting  out  the  framework  law  on  environmental 
management. 

Order  No  222  MINEF  of  25  May  2001  laying  down  the  procedures  for  drawing  up, 
approving,  monitoring  and  controlling  the  management  of  the  productive  forests  of  the 
permanent forest domain. 

Decree  No  2005/577  of  23  February  2005  laying  down  the  terms  for  the  production  of 
environmental impact studies. 

Order No 0069 MINEP of 8 March 2005 laying down the different categories of operation 
whose realisation is subject to an environmental impact study. 

Finance Law No 2002/003 of 19 April 2002 setting out the General Tax Code; 

Cameroon Employment Code of 14 August 1992. 

Collective bargaining agreement of loggers: 

Exercise of the right to form a union (Title 2) 
Staff representative (Title 3) 
Employment contract (Title 4) 
Terms and conditions of employment, salaries (Title 4) 

a) 
b) 
c) 
d) 
e)  Hygiene, health and safety (Title 5) 

Rules and other documents 

1. 

Procedure  (abbreviated  to  PROC)  for  drawing  up,  approving,  monitoring  and  controlling 
management plans for the productive forest of the permanent forest domain of Cameroon. 
Definition of the TECHNICAL SHEETS (version of July 2001): 

Sheet 1: List of rules and forestry management documents 
Sheet 2: Specimen provisional agreement and terms and conditions 
Sheet 3: Specimen final agreement and terms and conditions 
Sheet 4: Glossary 
Sheet 5: Outline of the forestry management plan 
Sheet 6: List of species, code, minimum diameter of exploitability (DME) and growths 
Sheet 7: Specimen report for the management inventory 
Sheet 8: Allocation of land within the productive forests and associated activities 
Sheet 9: Outline five-year management plan 
Sheet 10: Approval protocol of the management inventory 
Sheet 11: Verification and approval protocol of the management plan 
Sheet 12: Five-year evaluation, end of agreement and end of rotation protocol  
Sheet 13: Forms relating to annual logging procedures 
Sheet 14: Certificate of materialisation of the logging concession 
Sheet 15: Certificate of verification of the logging inventory 
Sheet 16: Industrial logging control protocol 
Sheet 17: Industrial logging count certificate 
Sheet 18: Management work acceptance protocol 

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2. 

3. 

4. 

Inventory, management and pre-investment rules, Cameroon National Forest Development 
Office (ONADEF), June 1991 

Logging inventory rules, ONADEF, May 1995 

Guide  to  environmental  measures  associated  with  logging  in  Cameroon  (Ministry  of  the 
Environment and Nature Protection – March 2005 version):  

e) 

Protection of the banks of areas of water 
Protection of water quality 

a)  General considerations, terminology definitions 
Protection of the interests of the population 
b) 
Protection of special sites 
c) 
Protection of water resources 
d) 
i. 
ii. 
Protection of biodiversity 
Protection of fauna 
i. 
ii. 
Protection of flora 
Protection of soil 
i. 
ii.  Road construction and improvement 
iii.  Clearing work 
Setting up log yards 
Forest campsites and industrial installations 
Final provisions 

Planning the road network 

g) 
h) 
i) 

f) 

5. 

NIMF:  Rules  on  activities  in  forest  areas  (Decision  No  0108/D/MINEF/CAB  of 
9 February 1998) 

a)  General provisions 
b)  Relations with local populations 
c) 

Forest  management  activity  in  connection  with  certain  territorial  units  or  protected 
sites 
Protection of banks of areas of water 
Protection of fauna 
Route, construction and improvement of forest roads 
Forest campsites and industrial installations 
Setting up log yards 
Logging 
Extraction 
Final provisions 

d) 
e) 
f) 
g) 
h) 
i) 
j) 
k) 

6. 

Decision  No  0098/D/MINFOF/SG/DF/SDFC  adopting  the  document  entitled  ‘Manual  of 
award procedures and management rules for community forests – Version 2009’ 

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ANNEX III-A 

Legality Assurance System 

I. 

INTRODUCTION 

The Legality Assurance System (LAS) is a viable means of distinguishing forest products of lawful 
origin from those of unlawful origin, based on the definition of legal timber laid down in the text of 
this  Voluntary  Partnership  Agreement  (VPA).  It  makes  it  possible  to  ensure,  at  any  time  and 
anywhere within Cameroon, that only timber produced or acquired legally is in circulation, and may 
be granted a FLEGT licence when required. It functions on the basis of the following elements: 

1. 
2. 
3. 
4. 
5. 
6. 

verification of the legality of the forestry entity41;  
national monitoring of forestry activities;  
national control of forestry activities; 
verification of the conformity of the supply chain; 
issuing FLEGT licences; 
an independent audit. 

II. 

COVERAGE 

The  LAS  applies  to  all  sources  of  production  or  acquisition  of  timber  and  timber  products 
circulating within the national territory. 

Timber imported42 by forestry entities established in Cameroon will continue to be imported subject 
to  the  conditions  laid  down  in  the  Cameroon  legislation  and  regulations.  Such  timber  does  not 
trigger the issue of a FLEGT licence by the Cameroon issuing authorities unless it meets the origin 
rules  (which  are  laid  down  in  the  economic  partnership  agreements)  and  meet  at  least  one  of  the 
following requirements: 

–  it holds a FLEGT licence from its country of origin; 

–  it  holds  a  private  certificate  recognised  by  the  Cameroon  Government  as  having 
originated from a sustainable management reference tool including at least the criteria 
required in the Cameroon legality matrices.  

At all events, the legality of the timber imported by the forestry entities established in Cameroon is 
verified  at  the  border  before  entering  Cameroon  and  again  when  it  enters  the  processing  units, 
where it will be registered in the special ‘CEMAC plant entry’ books. Close cooperation with the 
other  CEMAC  countries  will  ensure  avoidance  of  the  import  of  illegal  forestry  products  by 
Cameroon.  

Timber in transit through Cameroon must be saved in the traceability system (in a database created 
in the second generation computer system administering forestry information – SIGIF II) and must 

41 

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‘forestry  entity’:  natural  or  legal  person,  community,  commune  with  a  legal  source  for  the  production, 
acquisition or processing timber and derived products.  
At present, only CEMAC timber (which originates from a country belonging to the Economic and Monetary 
Community  of  Central  Africa,  other  than  Cameroon)  is  involved  in  import  and  transit,  but  cover  under  the 
system may be extended to any origin other than the CEMAC countries. 

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follow  a  customs  route  defined  for  that  purpose.  The  monitoring  procedures  for  timber  in  transit 
will be defined in detail at a later date, during the implementation period, as will the information 
necessary in order to confirm the fact that the timber in question is in transit, based on the existing 
CEMAC procedures. 

III. 

VERIFICATION OF THE LEGALITY OF THE FORESTRY ENTITY 

The definition of legality and the tools used to ensure the legality of the forestry entities are set out 
in  Annex  II.  This  Annex  includes  eight  legality  matrices  produced  in  order  to  cover  the  different 
supply  sources  of  the  timber  from  the  permanent  forest  domain  (DFP),  the  non-permanent  forest 
domain (DFNP) or the timber processing units (UTB):  

–  Permanent forest domain 

•  Legality matrix 1: logging agreement (CE). 
•  Legality matrix 2: communal forest (FCle); State logging. 

–  Non-permanent forest domain 

•  Legality matrix 3: salvage licence (ARB). 
•  Legality matrix 4: harvested timber removal licence (AEB). 
•  Legality matrix 5: cut timber sale (VC) in the national domain. 
•  Legality matrix 6: community forest (FC); State logging. 
•  Legality  matrix  7:  special  permit  (PS);  ebony  logging  in  the  national  domain  and  the 

communal forests. 

–  Timber processing units 

•  Legality matrix 8: timber processing units (UTB). 

With the exception of the UTB matrix, which has certain specific features, all the legality matrices 
are based on five (5) common criteria, covering the aspects of administration (criteria 1), logging 
and  management  (criteria  2),  transportation  (criteria  3),  the  social  area  (criteria  4)  and  the 
environment (criteria 5). Dependent on the matrices, these criteria are broken down into a variable 
number of indicators, which are in turn broken down into verifiers. 

Verification of the conformity of the situation of every forestry entity with its verifiers is based on 
the technical documents stipulated in the regulatory texts issued by the various administrations and 
are, for the most part, available for consultation in the central database of the Ministry responsible 
for  forests  (SIGIF  II).  This  verification  work  in  relation  to  the  legality  of  the  forestry  entity  is 
undertaken  within  a  formal  structure  of  the  Ministry  responsible  for  forests  in  Yaoundé  (see 
Annex III-B), using a flexible and rigorous procedure culminating in the issue of the certificate of 
legality to the logging/processing forestry entity, for every right awarded to it and/or every timber 
processing facility it owns. The procedures for issue of the ‘certificate of legality’ (identification of 
the documents of the administrative file, proper functioning of the system that reconciles the data 
from  the  various  Ministries  involved,  procedure  for  renewal  of  the  certificate  of  legality  etc.)  are 
defined in a special regulatory provision of the Ministry responsible for forests43.  

The ‘certificate of legality’ is issued for any given fiscal year, with a period of validity of: 

43 

This provision will be laid down during the operationalisation phase of the system. 

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–  at  most  1  year  for  rights  relating  to  the  permanent  forest  domain  (management 

agreement and communal forests); 

–  at most 6 months for rights relating to the non-permanent forest domain;  
–  at most 1 year for the processing units. 

The  certificate  of  legality  may  be  suspended  at  any  time  following  a  dispute  as  described  in 
Section V.  

The  central  departments  responsible  for  verifying  legality  may  trigger  site  visits  to  check  the 
authenticity  of  the  verifiers  set  out  in  the  corresponding  legality  matrix,  which  cannot  always  be 
fully  understood  on  the  basis  of  documentary  analysis  alone.  These  verifications  also  cover  the 
elements  supplied  by  the  partner  administrations  (Ministry  responsible  for  health,  employment, 
social  affairs,  the  environment  and  natural  protection  etc.),  who  issue  documents  required  in  the 
legality matrices.  

The detailed procedure for verifying the legality of the forestry entity, and in particular the methods 
that  will  be  used  by  the  central  departments  responsible  for  verifying  legality,  will  be  drawn  up 
during the preparatory phase.  

In  the  specific  case  of  forestry  entities  holding  a  private  certificate  of  legality  and/or  sustainable 
forest  management,  which  (i)  is  recognised  and  approved  by  the  Minister  responsible  for  forests, 
which  defines  the  conditions  of  issue  of  approvals  to  certifiers  and  private  auditors,  (ii)  has  a 
credible  and  independent  audit  and  (iii)  uses  a  reference  tool  which  must  include  all  the 
requirements of the Cameroon legality matrices, these will be acknowledged as being in conformity 
with  the  legal  situation  in  Cameroon.  Such  forestry  entities  will  thus  receive  the  ‘certificate  of 
legality’  from  the  central  departments  responsible  for  verifying  legality,  on  the  basis  of  the  valid 
certificate renewed annually, which will be requested during the monitoring audit.  

Recognition by MINFOF of private certificates of legality and/or sustainable management will take 
place following an analysis of the reference tools used by the approved offices, in order to check 
that  they  have  in  fact  included  all  the  criteria,  indicators  and  verifiers  of  the  Cameroon  legality 
matrices  (administrative,  logging  and  management,  transport,  social  and  environmental  aspects). 
MINFOF  will  conduct  a  formal  assessment  of  the  private  certification  standards  of  the  forest 
concessions in Cameroon, based on the legality matrix, during the preparatory phase. Following this 
assessment,  a  report  will  be  drawn  up,  which  will  be  published  and  publicly  accessible.  If  the 
assessment is positive, the private certification system will be approved by the Minister responsible 
for  forests  under  a  regulatory  provision.  This  approval  will  be  published.  It  will  hence  allow  the 
issue  of  a  certificate  of  legality  to  companies  certified  under  such  a  system,  without  any  specific 
assessment having to be conducted, avoiding dual verification of legality in these certified forestry 
concessions.  However,  the  forestry  company  receiving  this  approved  certification  must  send  the 
central departments responsible for verifying legality all the certification audit reports drawn up in 
relation to the private certification system, to enable it to monitor compliance with legality in this 
process, and thus enable the issue of the certificate of legality with respect to the enterprise and the 
right in question. 

IV. 

NATIONAL MONITORING OF FORESTRY ACTIVITIES 

National monitoring of forestry activities is coordinated by the Ministry responsible for forests, via 
the specialist departments, and involves all the other administrations concerned in the national land 
management process. The monitoring tool is the second generation computer system administering 
forestry  information  (SIGIF  II),  whose  central  memory  is  located  at  the  Ministry  responsible  for 

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forests, with links (electronic links allowing information to be uploaded and real-time access) to the 
‘MESURE’ tax system and the ‘SYDONIA’ customs system of the Finance Ministry. It is therefore 
dependent not only on the proper functioning of those departments throughout the country, but also 
on positive collaboration with all the actors within the forestry industry. 

SIGIF II is the IT tool with a central memory located at the Forests Division, on which all the data 
relating to the forestry industry originating from the forest and hunting control points, checkpoints, 
departmental  delegations,  regional  delegations,  forestry  entities,  tax  and  customs  administrations 
etc., is held on file. It enables, at all times, the situation of every forestry entity to be ascertained and 
all necessary decisions in relation to the legality of their activities to be taken. It thus represents the 
main  source  of  information  capable  of  blocking  the  process  leading  to  the  issue  of  the  FLEGT 
licence, when a forestry entity whose situation is irregular requests such a document; hence the use 
of the term ‘blocking system’. 

MESURE  (Meilleur  suivi  du  rendement  fiscal/improved  monitoring  of  the  tax  yield)  is  a 
client/server  application,  which  operates  in  the  large  enterprises  division  (DGE),  in  the  forestry 
revenue  security  program  (PSRF)  and  in  the  tax  offices  responsible  for  medium-sized  enterprises 
(CIME)  of  the  General  Tax  Directorate.  Its  main  function  is  to  monitor  and  manage  taxes,  fees, 
duties  and  charges.  It  offers  a  platform  for  entry,  processing  and  analysis  of  declaration  data  in 
relation  to  forestry  taxation.  After  the  link  with  SIGIF  II  is  set  up,  it  will  generate  the  following 
data: 

–  general taxation data (patents, CNPS, taxes under existing law) 
–  chart monitoring payment of the felling tax; 
–  table monitoring payment of the plant entry tax; 
–  chart relating to collections from public auctions and transactions; 
–  chart monitoring collection and allocation of the RFA; 
–  chart relating to payment of small rights; 
–  approval expenses, expenses for the award of rights etc. 

All  this  information  is  used  in  monitoring  correspondence  and  enters  the  blocking  system  in  the 
event of any irregularity. 

SYDONIA:  the  customs  IT  system  (SYDONIA)  is  a  global  application;  it  is  used  by  the 
United Nations Conference on Trade and Development (UNCTAD), in several member countries of 
the World Customs Organization (WCO). It is a server/user application, which is currently used by 
the Cameroon customs administration. Under the link with SIGIF II, it communicates the following 
information in real-time: 

–  statistical data relating to quantities exported: 

•  national log exports; 
•  exports of logs in transit (CEMAC); 
•  national exports of sawn timber; 
•  exports of sawn timber in transit (CEMAC); 
•  exports of parquet; 
•  exports of plywood; 
•  exports of veneers; 
•  exports of special products; 
•  exports of finished timber products; 

–  statistical data on the global taxable values of the quantities exported; 
–  statistical data on the budgetary revenue generated by the timber exports; 

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–  data  relating  to  the  forestry  entities  suspended  from  customs  activity  and  the  reasons  for  their 

suspension; 

–  data  relating  to  the  discharge  of  payments  and  the  volumes  granted  either  by  the  General  Tax 

Directorate (DGI) or MINFOF; 

–  data relating to the volumes of logs exported by certain forestry entities holding special licences 

(export of logs of category 2 promotion species); 

–  data relating to the number of FLEGT licences accompanying the shipments actually loaded;  
–  data on the quantities of CEMAC timber in transit or imported;  

As in the case of MESURE, all the SYDONIA information is used in monitoring correspondence 
and enters the blocking system in the event of any irregularity. 

V. 

NATIONAL CONTROL OF FORESTRY ACTIVITIES 

National  control  of  forestry  activities  is  undertaken  on  a  day-to-day  basis  along  the  entire  supply 
chain.  All  the  information  obtained  is  saved  in  the  traceability  system  and  enters  the  central 
database SIGIF II. This is undertaken by all the specialist departments of the Ministry responsible 
for  forests,  assisted  by  the  forces  responsible  for  keeping  order  and  the  Justice  Ministry.  It  takes 
place in conformity with the ‘National Strategy for Forestry and Fauna Control’, which applies to 
the  individual  stages  of  the  supply  chain  and  is  based,  inter  alia,  on  the  traceability  system 
described  in  this  Annex.  Amended  control  procedures  will  be  drawn  up  during  the  preparatory 
phase, in order to take account of the requirements of the Legality Assurance System.  

The forestry control activities may give rise to disputes, which are managed using the software tool 
‘Monitoring  offences  and  IT  management  of  forestry  disputes’  (SIGICOF),  a  module  linked  to 
SIGIF II. The conclusions of the forestry complaint will be used in the blocking system against any 
forestry  entity  committing  an  offence,  as  soon  as  it  has  been  declared  guilty  by  the  competent 
courts.  These  conclusions  are  therefore  set  out  in  the  record  of  offences  within  the  SIGIF  II 
database and continue to block for the entity in question (i.e. prevent the issue of the certificate of 
legality), while not having yet produced all the legal effects laid down in the applicable regulations. 

VI. 

VERIFICATION OF THE CONFORMITY OF THE SUPPLY CHAIN 

This is the traceability system for timber and derived products in Cameroon. 

VI a.  Objective 

The traceability system will be capable of monitoring the trace of the timber and timber products 
from the forest to the point of export, including all intermediate points. This traceability system thus 
allows entry of the results of the logging inventory, all the volumes felled, transported, entering the 
plant and processed, and all the CEMAC products imported or in transit. 

VI b. 

Coverage 

Verification of conformity of the supply chain covers the entire national territory, all the production 
or acquisition methods (forestry concession, cut timber sale, community forests, communal forests, 
salvage  licences  and  public  auctions)  and  all  forestry  products  exported,  imported,  in  transit  and 
exchanged within the country. 

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VI c. 

Principles 

The system is designed on the basis of the following principles: 

–  it is a central database (SIGIF II), which is accessible online by all the actors involved in the 

timber sector; 

–  it is linked to the databases of other administrations or departments, for the purposes of linking 

and consolidating information [SIGIF II, SIGICOF, SYDONIA, MESURE] in real-time; 

–  it functions in client/server mode, with regulated access to the server (group, rights etc.). Data 
is  uploaded  in  real-time  by  all  those  using  the  system  (loggers,  industrial  operators,  exporters, 
importers, tax administration, customs administration and forest administration); 

–  it  permits  transparency  of  the  sector,  by  providing  online  access  to  reliable  and  relevant 

information to the benefit of the actors dealing with forestry problems;  

–  it  sets  up  the  logging  inventory:  every  tree  listed  under  the  existing  legislation  is  given  a 

reference number (barcode); 

–  it  is  electronic  (fast  and  reliable)  and  is  at  the  same  time  documentary  (waybills,  worksite 

books etc.);  

–  it  is  declarative  and  increases  accountability  (in  both  tax  and  forestry  terms).  The  forestry 
entity is made accountable through the fact that it is itself responsible for blockages and delays: 
if  it  fails  to  send  its  felling  (and  other)  declarations,  it  penalises  itself  as  regards  downstream 
operations (export); 

–  it is compatible with the systems established in neighbouring countries and with those set up by 

the forestry entities; 

–  it has a blocking effect in relation to the member groups, to the rights granted to each group and 
to  the  encoding  of  the  centrally  secured  databases.  The  traceability  system  must  include 
validation  of  data  entered  at  every  stage.  (e.g.:  issue  of  the  permit  by  the  central  MINFOF 
requires entry of the logging inventory data); 

–  it is a system designed to simplify the control procedures, in particular through reduction of 
the  number  of  control  points  (identification  of  mandatory  points  of  passage),  through  the 
electronic link which facilitates information exchange etc.  

VI d. 

The actors and their rôles 

As indicated above, the actors may encode, transmit or consult the data in SIGIF II at various levels 
along the traceability chain. The flow of data transmission/consultation between the actors is set out 
in the flowchart below: 

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Flowchart of the flow of data transmission/consultation 

Others (private 
company, independent 
observers) 

Mixed border team

11 

2
3

6 

8

5

7

Forestry entities 

Taxes

Customs

1

1 5

14

Head office

9

10

1 3

1 2

4

Regional and 
departmental 
delegations 

Devolved departments 
responsible for issuing 
FLEGT licences 

Other countries

Check points

Key: meaning of the arrows  

No 

1 

2 

3 

4 

5 

6 

7 

8 

9 

10 

11 

12 

13 

14 

Flow of data or information passing through 

–  Control of transportation documentation (waybills, specification bulletins, certificates of origin and customs documents) 
–  Encoding of physical control data on CEMAC timber  
–  Specific barcodes 

–  Uploading data on their activities (inventories, felling, transportation, processing, import and export)  
–  Uploading information on felling tax (TA), plant entry tax (TEU), annual forestry fee (RFA) and existing taxes, to monitor 

correspondence 

–  Availability for consultation purposes of statistics on production, taxes calculated, conclusions of disputes  

–  Encoding of physical control data 

–  Consultation in relation to statistics on production, taxes calculated, conclusions of disputes 

–  Encoding of data processed by MESURE  

–  Consultation in relation to physical control data recorded by border posts 

–  Encoding of data processed by SYDONIA 

–  Consultation in relation to statistics on products imported and in transit, CEMAC timber 

–  Consultation, where necessary, on data relating to the legality of the timber 

–  Consultation on the production statistics and elements of scientific analyses 

–  Traceability of timber and derived products destined for export 

–  Encoding of export data (specification bulletin on timber for expert) 

–  Encoding of FLEGT licence numbers 

–  Consultation in relation to inventories, production and processing statistics, statistics on the volume of rolled products, taxes 

calculated, conclusions of disputes, certificates of legality etc. 

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15 

–  Encoding of physical control data 
–  Encoding of data relating to disputes (record of confiscations, record of auction sales of confiscated products) 

Definition of the roles of the individual actors: 

–  MINFOF central office: 

•  management of the system and regulation of procedures;  
•  encoding of basic information; 
•  supervision of control; 
•  links with other administrations; 
•  validation of data at central level; 
•  independent audit.  

–  The forestry entities:  

•  uploading data on their activities (inventories, felling, transportation, processing, import 
and  export)  or  transmission  to  the  departments  responsible  for  uploading  onto  the 
database;  

•  uploading  information  on  felling  tax  (TA),  plant  entry  tax  (TEU),  annual  forestry  fee 
(RFA)  and  existing  taxes,  to  monitor  correspondence,  or  transmission  to  the 
departments responsible for uploading onto the database. 

–  The joint border teams:  

•  uploading data on timber from neighbouring countries; 
•  control and verification of documents; 
•  provision of specific barcodes for timber in transit, as necessary. 

–  The regional and departmental delegations responsible for forests:  

•  uploading data from specification bulletins on timber for export (BSE); 
•  uploading data on control and documentary verification undertaken at the forestry and 

hunting control point (PCFC); 

•  uploading data relating to the auction sale of confiscated products (VEB). 

–  Checkpoints: 

•  uploading physical control data; 
•  reading barcodes. 

–  The entity responsible for issuing FLEGT licences:  

•  uploading data referred to on the FLEGT licences issued; 
•  physical documentary control;  
•  the issue of FLEGT licences. 

–  Tax administration:  

•  uploading  information  on  felling  tax  (TA),  plant  entry  tax  (TEU),  annual  forestry  fee 

(RFA) and existing taxes, to monitor correspondence. 

–  Customs: 

•  uploading information in relation to quantities loaded, imported, in transit; 
•  physical and documentary verification; 
•  uploading customs revenue information. 

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–  Other countries: 

•  consultation via the links between traceability systems. 

–  Other actors: 

•  reading, observation, exposure and suggestions. 

The  organisational  procedures  of  the  institutional  actors  called  upon  to  play  an  essential  part  in 
implementing the LAS are set out in Annex III-B. 

VI e. 

Information management 

The table below sets out the broad outlines of the traceability system to be set up. The procedures 
specific to each stage in the supply chain will be devised during the preparatory phase, with external 
technical assistance support over a limited period and after field testing. These specific procedures 
defining the frequency of controls/verifications, sampling methods, field control procedures, record 
of offences, processing of CEMAC timber etc., will be set out in a procedure manual drawn up and 
distributed to all the actors involved. Specific equipment and resources will be made available to the 
departments responsible for monitoring traceability.  

EN 

77 

   EN 

Milestones 

Operations 

Responsibility  for  the 
operation 

Data to be encoded 

Responsibility 
encoding 

for 

the 

Verification 
documentary control) 

(physical  and 

Data reconciliation 

Logging inventories 

1. Forests44 

Felling 

-  Operators  via  research 
approved 
departments 
for 
undertaking 
inventories 

-  MINFOF 
inventories 
in 
salvage licences)  

(prior 
the 

(cid:198)  Marking  of  every 
inventorised  tree  with  a 
bar-coded label 

- Operators 

(cid:198) Marking of the stump 
and  the  felled  log  with 
labels 
new  bar-coded 
(same  barcode  as 
the 
standing tree) 

–  barcode 
– 
logger 
– 
fiscal year 
– 
species code 
–  diameter 

at 

breast 

height (DHP) (1.3 m) 

–  GPS coordinates 
– 

right  No  /  UFA  (Forest 
Management  Unit) 
/ 
block / annual allowable 
cuts (AAC) 

–  barcode 
–  DF10  (worksite  book) 

No 
logger 
subcontractor 

– 
– 
–  AAC No 
–  area 
– 
– 
–  Largest diameter end 
–  Smallest diameter end 
–  Date 

species code 
length 

entry 

the 
Data 
operators  and  recording  in 
SIGIF II 

by 

Inventory card recorded in 
the  Central  Unit  of  Forest 
Mapping (UCECAF) 

Entry  of  data  by 
operators  on 
worksite 
recording in SIGIF II 

the 
the  DF10 
and 

books 

Field  control  by  MINFOF  of 
the 
the  quality/viability  of 
inventory 
and 
devolved  departments)  based 
on sampling (verification rules)

(central 

Test  for  coherence  with 
inventories 
management 
particular 
relation 
inventorised species) 

in 

the 
(in 
to 

Field  control  by  MINFOF 
(devolved 
departments, 
National  Control  Team  (BNC) 
and  the  Independent  Observer 
(OI)) 

Test  for  automatic  coherence  in 
the 
the  SIGIF 
volume/number of standing trees 
felled and authorised. 

II  between 

Interface 
database  of 
Finance (MINFI) (felling tax) 

with  MESURE 
the  Ministry  of 

44 

EN 

The timber confiscated and sold at auction at any stage will enter the traceability chain at that point and will follow all the subsequent stages of the chain  

78 

EN 

 
  
 
 
 
 
 
 
 
 
                                                 
- Operators 

–  barcode 
– 
–  DF10  No  (+  line  and 

log waybill No 

position) 
–  AAC No 
–  departure  No 

(timber 

Preparation 
and 
loading  at  the  timber 
depot  in  the  forest  (to 
the  plant,  export  or 
intermediate depot) 

(cid:198)  Marking  with  new 
bar-coded  labels  on  the 
prepared  billets  (linked 
to  the  barcode  on  the 
original log) 

2.  Transportation 
of logs: 

forest - export 

forest - plant 

forest 
intermediate 
depot 

intermediate 
depot - export 

intermediate 
depot - plant 

and 
Preparation 
loading 
the 
intermediate  depot  or 
station 

at 

- Operators 

depot) 
–  destination 
–  carrier 
– 
– 
– 
– 
–  date 
–  agent 

species code 
length 
largest diameter end 
smallest diameter end 

logging 

(+ 
hammer No) 
–  vehicle registration 
–  barcode 
– 
log 
No 
waybill 
(intermediate depot)/rail 
transport note 

–  DF10  No  (+  line  and 

position) 
–  AAC No 
–  departure (depot name) 
–  destination 
–  carrier 
– 
– 
– 
– 
–  date 
–  agent 

species code 
length 
largest diameter end 
smallest diameter end 

(+ 
hammer No) 
–  vehicle registration 

logging 

Entry  by  the  operators  on 
the 
and 
log  waybill 
recording in SIGIF II 

Entry  by  the  operators  on 
the  ‘intermediate  depot’ 
waybill  and  recording  in 
SIGIF II 

Field  control  by  MINFOF 
(devolved  departments,  BNC 
and  the  OI)  with  systematic 
verification 

of 

the 
and  at  checkpoints,  of 
the 
validity/viability 
of 
documents, 
barcodes 
physical 
and 
verification  of  volumes  in  the 
log waybill declarations 

recording 

Field  control  by  MINFOF 
(devolved  departments,  BNC, 
OI  and  checkpoints)  with 
systematic  verification  of  the 
the 
validity/viability 
documents, 
of 
barcodes 
physical 
and 
verification  of  volumes  in  the 
the 
declarations 
‘intermediate 
log 
waybill and waybill 

in 
depot’ 

recording 

of 

test 

Automatic  coherence 
in 
SIGIF  II  (in  particular  between 
rolled 
felled 
volumes 
and 
volumes, destination etc.) 

Automatic  coherence 
in 
SIGIF  II  between  ‘intermediate 
depot’ log waybill and waybill 

test 

EN 

79 

EN 

 
  
 
 
 
 
 
- Operators 

Receipt at plant entry 

3. Plant 

Entry  into  processing 
chain  

- Operators 

(cid:198)  Marking  by  barcode 
on  the  prepared  blocks 
(link  with  barcode  of 
original billet) 

–  barcode 
–  processor 
– 
– 
–  DF10 No 
– 

species code 
supply title 

‘intermediate depot’ log 
waybill or waybill 
length 
largest diameter end 
smallest diameter end 

– 
– 
– 
–  date 
–  agent 
–  barcode 
–  Plant  entry  code  (CEU) 

Entry by the operators and 
recording in SIGIF II 

Systematic 
MINFOF and MINFI 

joint  control  by 

Physical  verification  of  billets 
and  comparison of  information 
on  waybills  (cid:198)  Reading  of 
of 
barcodes 
and 
‘intermediate 
log 
waybill  and  waybill  by  the 
MINFOF agents 

depot’ 

entry 

Automatic  coherence 
in 
SIGIF II between rolled volumes 
and volumes at plant entry 

test 

Link with MESURE database of 
the MINFI (plant entry tax) 

No 
species code 

- 

line 

– 
–  origin 
–  DF10  No 
position 
–  waybill No 
– 
length 
– 
largest diameter end 
– 
smallest diameter end 
–  date 

(entry 

processing chain) 

into 

- 

Entry  by  the  operators  on 
the timber processing plant 
and 
records 
entry 
recording in SIGIF II 

Systematic 
MINFOF and MINFI 

joint  control  by 

Physical  verification  of  blocks 
and 
with 
comparison 
information  on  plant  entry 
codes 

test 

Automatic  coherence 
in 
SIGIF  II  between  plant  entry 
volumes  and  production  chain 
entry volumes (processing chain) 

Departure 
processing chain 

from 

- Operators 

(cid:198)  Marking  of  a  new 
barcode on the processed 
(link  with 
products 
blocks 
the 
entering 
processing chain) 

–  barcode 
–  plant departure code No 
–  contract No 
–  processor 
– 
fiscal year 
– 
species code 
– 
length 
–  width 
– 
–  number of pieces 
–  date (departure) 

thickness 

Entry  by  the  operators  on 
the plant departure records 
and recording in SIGIF II 

Systematic 
MINFOF and MINFI 

joint  control  by 

and 

Comparison  between  volumes 
the 
entering 
test  of 
production  chain  and 
coherence 
average 
material yields per species 

leaving 

against 

Link between processed products 
(leaving 
logs 
registered  in  the  CEU,  for  daily 
reconciliation if possible 

the  plant)  and 

4.  Transport  of 

- Operator 

–  barcode 
–  cut 

timber  waybill  Entry  by  the  operators  on  Field  control  by  MINFOF  Automatic 

reconciliation 

in 

EN 

80 

EN 

 
  
 
 
 
 
 
 
 
processed 
products: 

plant - port 

plant - plant 

plant 
intermediate 
depot 

- 

intermediate 
depot - port 

5. Port 

EN 

Log export 

Operator 

Exports of cut timber 

Operator 

(LVD)  No/rail  transport 
note 

the LVDs and recording in 
SIGIF II 

–  contract No 
–  pack No 
–  processor 
–  carrier 
–  departure 
–  destination 
– 
fiscal year 
– 
species code 
– 
length 
–  width 
– 
–  number of pieces 
–  date 

thickness 

SIGIF II 

of 

(devolved  departments,  BNC, 
OI  and  checkpoints)  with 
systematic  verification  of  the 
the 
validity/viability 
documents, 
of 
barcodes 
physical 
and 
verification  of  volumes  in  the 
the 
declarations 
‘intermediate 
log 
waybill and waybill 

in 
depot’ 

recording 

logger 
fiscal year 
title No 

–  barcode 
–  country of destination 
– 
– 
– 
–  AAC No 
– 
– 
– 
– 
–  date 
–  agent 
–  contract No 
–  log waybill No 

species code 
length 
largest diameter end 
smallest diameter end 

–  barcode 
–  country of destination 
–  processor 
– 
fiscal year 
– 
length 
–  width 
– 
–  number of pieces 
– 
species code 
–  Volume 
–  date 
–  agent 

thickness 

81 

Encoding  by  the  operators 
of the data contained in the 
specification  bulletins  on 
timber  for  export  (BSE) 
and recording in SIGIF II 

-  Documentary  review  of  the 
file  

- Physical verification of every 
batch in BSE 

Confirmation 
peripheral legality unit 

by 

the 

-  Physical  verification  by 
customs  (support  from  SGS) 
via sampling 

(Douala  Port 

-  Automatic  coherence  test  in 
SIGIF II 
forest 
point)  relating  to  the  identity, 
origin,  history  of  the  products, 
the  earlier  parties  in  the  supply 
chain etc. 

- Automatic coherence test in the 
MINFI (MESURE) database 

- Automatic coherence test in the 
customs database (SIDONIA) 

(cid:198) FLEGT licence 

Entry  by  the  operators  of 
the  specification  bulletins 
on timber for export (BSE) 
and in SIGIF II 

-  Documentary  review  of  the 
file  

- Physical verification of every 
batch in BSE 

(Douala  Port 

-  Automatic  coherence  test  in 
SIGIF II 
forest 
point)  relating  to  the  identity, 
origin,  history  of  the  products, 
the  earlier  parties  in  the  supply 
chain etc. 

-  Physical  verification  by 
customs  (support  from  SGS) 
via sampling 

- Automatic coherence test in the 
MINFI (MESURE) database 

- Automatic coherence test in the 

EN 

 
  
Export  of logs  and  cut 
timber 
in  containers 
(loading) 

Operator 
MINFOF/MINFI 

and 

– 

– 

–  contract No 
–  LVD No 

–  barcode 
–  country of destination 
–  processor 
– 
fiscal year 
– 
length 
–  width (cut timber) 
– 
thickness (cut timber) 
–  number  of  pieces  (cut 

timber) 
largest  diameter  end 
(logs) 
smallest  diameter  end 
(logs) 
species code 

– 
–  volume 
–  date 
–  agent 
–  contract No 
–  waybill No 

customs database (SYDONIA) 

(cid:198) FLEGT licence 

Encoding  by  the  operators 
of the data contained in the 
specification  bulletins  on 
timber  for  export  (BSE) 
and in SIGIF II 

Physical 
MINFOF and customs 

loading  control  by 

Stamp on loading certificate 

Reconciliation  test  in  the  SIGIF 
II  database  between  Douala 
International Terminal (DIT) and 
BSE 

Timber in transit 

Entry  of 
transit 

timber 

in 

MINFOF 

Border post 

documentation 
Transport 
specification 
(waybills, 
certificates  of 
bulletins, 
origin 
customs 
and 
documents)  Data  encoded 
in SIGIF II 

Verification  by  the  checkpoint 
of  the  transport  documentation 
and  other  documents  from  the 
country of origin 

Reconciliation  between  data  of 
departure  ports  and  points  of 
entry, based on data from SIGIF 
II 

EN 

– 
specific barcode 
–  country of origin 
– 

largest  diameter  end 
(logs) 
smallest  diameter  end 
(logs) 

– 

–  width (cut timber) 
82 
– 
thickness (cut timber) 
–  number  of  pieces  (cut 

timber) 
species code 

– 

EN 

 
  
 
 
 
–  date of entry 
–  checkpoint 
–  agent  

Transport 
(waybills, 
bulletins, 
origin 
documents) 

documentation 
specification 
certificates  of 
customs 
and 

Legal import documentation 

certificates 

Proven 
of 
legality  or  durability  (while 
licence 
awaiting  FLEGT 
from 
in 
the 
question)  encoded  in  SIGIF 
II 

countries 

– 
specific barcode 
–  country of origin 
– 

largest  diameter  end 
(logs) 
smallest  diameter  end 
(logs) 

– 

Entry 
timber  

of 

imported 

Operator (importer) 

Border  post  and  operator 
at plant entry 

Verification  by  the  checkpoint 
of the import licence, transport 
documentation 
other 
documents from the country of 
origin 

and 

The  timber  enters  the  normal 
supply chain monitoring circuit 

Reconciliation  with  plant  entry 
depot  by  country  of  origin. 
Based on data encoded in SIGIF 
II 

–  width (cut timber) 
– 
thickness (cut timber) 
–  number  of  pieces  (cut 

timber) 
species code 

– 
–  company 
–  destination 
–  date of entry 
–  checkpoint 
–  agent 

EN 

83 

EN 

 
  
 
VII. 

ISSUE OF FLEGT LICENCES  

The system for granting FLEGT licences validates the results of the verification of the legality 
of the forestry entities, of the conformity of the supply chain, of the national monitoring and 
control  of  forestry  activity,  for  the  shipments  of  timber  that  are  the  subjects  of  a  FLEGT 
licence application. The FLEGT licence, like the certificate of legality, is a derivative of the 
LAS. 

Verification  of  the  situation  of  any  given  timber  shipment  is  undertaken  via  consultation  of 
the secure documents exchange between ‘the central departments responsible for legality’ (at 
Yaoundé)  and  the  ‘devolved  departments  responsible  for  legality’  (at  the  export  points), 
online, using a single use numbering system and automatic recording in the central database, 
or else via secure documents put out in paper format, in the event of failure of the electronic 
system. 

The  FLEGT  licence  is  issued  by  the  designated  managers  of  the  devolved  departments 
responsible  for  legality,  of  the  Ministry  responsible  for  forests  (regional  or  departmental 
delegations, forestry and hunting control points), based on a final report supplied by SIGIF II 
certifying the regulatory  conformity  of the timber to be exported. This report represents the 
product of the verification of three basic signals, which are involved in the blocking system: 

–  signal 1: which indicates regularity with respect to the certificate of legality; 

–  signal 2: which indicates regularity with respect to disputes (SIGICOF);  

–  signal  3:  which  indicates  regularity  with  respect  to  national  monitoring  (supply 

chain, MESURE and SYDONIA). 

The FLEGT licence, when required, accompanies the specification bulletins (BSE) issued by 
the competent local department of the Ministry responsible for forests, and enables the ‘lading 
note’ issued by the customs to be obtained, when the loading operations for each shipment of 
timber  for  export  have  been  completed.  In  any  event,  staff  of  the  Ministry  responsible  for 
forests ultimately check the conformity of the shipments with the associated FLEGT licences 
before the shipments in question leave. The signatures on the FLEGT licences are officially 
known. 

The  procedure  for  the  issue  of  the  FLEGT  licences  is  defined  in  a  text  produced  by  the 
Minister responsible for forests. The authorised signatures are sent regularly to the competent 
authorities of the European Union, which inform the European customs departments. Specific 
equipment and resources for controlling and registering the FLEGT licences prior to loading 
are made available to the controllers at the port of lading. 

The FLEGT licences and the procedures for issuing them are described in Annex V and will 
be the subject of further development during the preparatory phase. 

Timber and derived products in transit under the control of the Cameroon customs authorities 
will not require a Cameroon FLEGT licence for export to the European Union.  

EN 

84 

   EN 

 
VIII. 

INDEPENDENT AUDIT 

An independent audit is conducted periodically on the entire LAS, in such a way as to ensure 
its  credibility  and  its  transparency  from  production  to  export,  and  even  extends  to  the 
functioning of the competent European Union authorities. 

The role, competences and recruitment conditions of the independent auditor are described in 
Annex VI. 

IX. 

CONCLUSION  

Ultimately, the LAS represents a pooling of resources for the purposes of functional synergy 
of a monitoring system for forestry activity, of national control along the supply chain and of 
the services provided in the forestry sector; the entire system undergoes an independent audit 
to ensure its credibility. 

In  effect,  the  national  monitoring  of  forestry  activity  feeds  into  and  manages  a  central 
database at the Forests Division, with links to the partner administrations. National control of 
forestry activity itself takes place along the timber supply chain and the processing cycle of 
the files inherent in the forestry sector, and enables the regularity of the situation and of the 
files added by every user of the forestry sector to be confirmed at all times and at all locations 
around the national territory. It also enables the offences recorded in the SIGICOF database to 
be detected and punished. 

Implementation of the LAS takes place within a well-defined institutional framework. 

INSTITUTIONAL FRAMEWORK  

The LAS is integrated into the existing institutional framework of the Ministry responsible for 
forests. The resulting institutional framework is based on management that takes account of 
the  new  order  brought  about  by  the  VPA,  without  creating  any  new  structures.  The 
institutional  framework  thus  displays  all  the  structures  and  human,  material  and  financial 
resources  that  can  be  mobilised  in  order  to  implement  the  LAS,  leading  to  the  issue  of 
certificates of legality and FLEGT licences.  

The institutional framework is described in Annex III-B, while the requirements are described 
in Annex X. 

EN 

85 

   EN 

 
ANNEX III-B 

Institutional framework of the Legality Assurance System 

I. 

IMPLEMENTATION STRUCTURES OF THE LEGALITY ASSURANCE SYSTEM 

The Legality Assurance System (LAS) in Cameroon is implemented as part of the functioning 
of the internal structures of the Ministry responsible for forests (MINFOF). These structures 
operate  at  different  levels  (central  and  devolved  departments)  and  to  different  degrees,  in 
order to put into operation the various elements on which the LAS is based (see Annex III-A), 
namely: 

–  verification of the legality of the logging/processing forestry entity;  
–  national monitoring of forestry activities; 
–  national control of forestry activities; 
–  verification of the conformity of the supply chain; 
–  issuing FLEGT licences; 
–  independent audit. 

The  various  entities  responsible  for  implementing  the  LAS,  and  their  roles,  are  described 
below,  with  specific  focus  on  the  new  aspects  involved  in  issue  of  the  legality  certificate 
and/or the FLEGT licence, these being the two new documents originating out of the LAS. 

I a. 

Central departments responsible for controlling legality  

These departments are part of the Forest Division (DF). The departments in question are: the 
department  responsible  for  rules  on  activities  in  forest  areas  (SN)  and  the  department 
responsible  for  the  administration  of  forestry  information  (SEGIF).  They  operate  under  the 
authority of the Forest Taxation and Agreements Sub-Division (SDAFF), which is answerable 
to  the  Forests  Division,  which  is  in  turn  answerable  to  the  General  Secretariat  (SG)  of  the 
MINFOF, under the authority of the Minister responsible for forests and fauna. 

The  department  responsible  for  rules  on  activities  in  forest  areas  (SN),  in  addition  to 
other  duties  that  are  devolved  to  it  by  the  organisation  chart,  examines  applications  for 
‘certificates  of  legality’  and  verifies  the  conformity  of  the  activities  of  the  forestry  entities 
with  the  provisions  of  the  legality  matrices  (see  Annex  II).  In  this  context,  it  liaises 
(consultation and documentary or electronic applications) with all the internal departments of 
MINFOF (DF [Forests Division], DPT, DFAP [Department of Wildlife and Protected Areas], 
BNC etc.) and the competent departments of the other administrations involved in the issue of 
the  documents  required  under  the  legality  matrices  (Ministries  responsible  for:  the 
environment, finance, customs, customs, health, industry, mines, employment, social services 
and  agriculture).  An  interministerial  committee  to  monitor  links  will  also  be  set  up  by  the 
national committee responsible for monitoring the Agreement.  

Once the verifications have been undertaken, the SN validates the applications for a certificate 
of legality and transmits them to the department responsible for administration of forestry 
information,  to  enable  draft  certificates  of  legality  to  be  prepared  and  the  associated  data 
encoded in the database. 

EN 

86 

   EN 

 
The department responsible for administering forestry information (SEGIF), as its name 
implies,  is  responsible  for  administering  all  the  information  on  the  forestry  sector  that  is 
available  in  the  second  generation  computer  system  administering  forestry  information 
(SIGIF II) database, which it uses to respond to all requests for information and/or to produce 
the certificates of legality, following the example of other annual forestry operation permits 
and certificates. It is therefore this department which houses the central memory of the SIGIF 
II, which is the tool with which all data on the forestry sector are centralised and processed 
along  with  the  data  from  the  links  with  the  other  administrations.  This  is  where  the  notices 
and signals necessary to allow the issue of the FLEGT licence, where applicable, are issued 
(see  Annex  III-A),  and  the  issue  of  draft  certificates  of  legality.  The  draft  certificates  of 
legality issued by the SEGIF are sent for examination by the Forest Taxation and Approvals 
Sub-Division (SDAFF), its direct hierarchical superior, which sets them along the normal file 
processing route to the point of signature by the Minister responsible for forests and fauna, via 
the Secretary General (SG).  

In summary, issue of the certificates of legality involves the invention of the departments in 
the following order: SN-SEGIF-SDAFF-DF-SG-MINFOF. 

I b. 

Devolved departments responsible for legality 

All  the  devolved  structures  of  the  MINFOF  are  involved  in  implementing  the  LAS.  Some, 
which  are  selected  according  to  their  position  along  the  timber  circulation  and/or  loading 
route,  play  a  key  rôle,  specifically:  the  border  posts,  the  forestry  and  hunting  control  posts 
(PCFC) of the timber production/acquisition locations, the checkpoints, regional delegations, 
departmental delegations, forestry and hunting control posts of the timber loading points and 
of the airports. 

These  departments  are  responsible  for  application  of  the  legislative  and  regulatory 
requirements  as  regards  national  monitoring  of  forestry  activity,  timber  control  and 
traceability, with special responsibility, at loading points, for the export of timber and derived 
products, where the FLEGT licences are issued.  

The border incoming timber PCFCs (forestry and hunting control posts): are responsible 
for: 

–  verifying  the  legality  of  the  imported  timber  (verifying  conformity  of  the 

documents presented with the products being transported); 

–  applying  the  requirements  for  placing  them  in  the  customs  route  for  timber  in 

transit, together with the customs departments; 

–  encoding the data in SIGIF II; 
–  reading  and  verifying  the  barcodes  on  the  imported  timber  and  signing  the 

transport documentation; 

–  applying barcodes to timber in transit and imported timber. 

The PCFC’s (forestry and hunting posts) of the timber production or acquisition 
locations are responsible for: 

–  controlling logging operations (physical and documentary control); 
–  marking inspection of logs and stumps; 
–  reading and verifying barcodes; 
–  recording data; 
–  stamping waybills on departure from the sites.  

EN 

87 

   EN 

 
Checkpoints: a distinction is made between plant entry and road checkpoints, some of 
the latter being mandatory points of passage; they are responsible for the following, as 
applicable: 

–  plant entry/departure control; 
–  physical cargo control; 
–  waybill control; 
–  encoding the data in SIGIF II; 
–  reading and verifying barcodes; 
–  signing waybills; 
–  recording data; 

The PCFCs (forestry and hunting control posts) at the loading points for exported 
timber (ports of Douala, Kribi, Limbé, Idenau, Campo and the airports) are responsible 
for: 

–  controlling the timber traceability elements (physical and documentary control); 
–  recording data; 
–  taking receipt of and examining the files on applications for FLEGT licences, then 
forwarding these to the competent departmental delegation for preparation of the 
licences  in  question,  provided  they  conform  to  the  conditions  laid  down  in 
Annex III-A. 

The departmental delegations are responsible for: 

–  supervising the activities of the PCFCs situated in the geographical area for which 

they are responsible; 

–  physical control of cargos (forest section); 
–  waybill control (forest section); 
–  encoding the data in SIGIF II; 
–  monitoring and control of coherence of logging data; 
–  reading and verifying barcodes; 
–  signing  waybills  and/or  specification  bulletins  and  forwarding  them  to  the 

competent regional delegation; 

–  collecting  copies  of  duly  completed  DF10  worksite  books  and  bill  of  lading 

forms; 

–  recording data; 
–  on  behalf  of  the  departmental  delegations  at  the  points  of  loading,  issuing  the 
FLEGT licences on the basis of a complete and conforming file forwarded by the 
forestry  and  hunting  control  posts  of  the  point  of  loading  for  export.  For  this 
purpose,  they  have  a  link  to  the  SIGIF  II  database,  which  provides  them  with 
signals  relating  to  the  legality  of  the  logging/processing  forestry  unit  and  the 
shipments  of  timber  for  export  in  accordance  with  Annex  III-A.  The  FLEGT 
licences issued are returned to the forestry and hunting control posts at the points 
of  loading,  where  the  lading  formalities  will  be  completed  with  the  customs 
departments.  

The regional delegations are responsible for: 

–  supervising the activities of the departmental delegations; 
–  physical cargo control (regional teams); 
–  waybill control (regional teams); 
–  monitoring and control of coherence of logging data; 

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–  encoding the data in SIGIF II; 
–  reading and verifying barcodes; 
–  applying barcodes for timber sold at public auction; 
–  signature of specification bulletins and their transmission to the competent PCFC 
of  the  point  of  loading  for  export,  for  the  export  formalities  associated  with  the 
customs departments; 

–  collecting DF10 worksite books and waybill copies;  
–  recording data. Finally, virtually all of MINFOF devolved departments and central 
technical  division  departments  specialising 
the 
implementation  chain  of  the  LAS,  with  some  specific  features  in  the  Forest 
Division,  where  the  certificates  of  legality  are  initiated,  and  in  the  departmental 
delegations, where the FLEGT licences are issued. 

in  forestry,  are 

links 

in 

The  monitoring  and  control  activities  involving  the  timber  production/acquisition  and 
circulation  routes  are  of  course  undertaken  normally  and  on  an  ongoing  basis  by  the 
controllers of the National Control Team (BNC) and of the regional delegations, by the staff 
of the departmental delegations and of the forestry and hunting control points throughout the 
national territory.  

When  the  Legality  Assurance  System  is  launched,  the  structures  responsible  for  its 
implementation  will  enjoy  the  technical  assistance,  for  a  pre-determined  period,  of  the 
research departments, which will have put in place the technical and technological tools of the 
traceability system.  

The flowchart of the institutional system is set out below:  

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INSTITUTIONAL FLOWCHART  

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PARTNER 
ADMINISTRATIONS 

   - MINFI (tax and customs)

   - MINSANTE (health) 

    - MINIMIDT (industry, mines and 

technology) 

   - MINTSS (labour & social security)

1

2

   - MINAS (social affairs)

   -  MINADER  (agriculture  and  rural 

development 

   -  MINDAF  (economy,  planning 
& regional development.) 

3

   - MINEP (environment & nature protection)

ECONOMIC 
OPERATORS 

4

5

6 

M I N O F

GENERAL SECRETARIAT

13

Certificate of 
legality 

TIMBER 
PROMOTION  AND
PROCESSING 
DIVISION 

7

8

FORESTS DIVISION

9

- SDAFF

- SN, SEGIF (SIGIFF II)

10

NATIONAL 
CONTROL 
TEAM 

11

12

REGIONAL DELEGATIONS

DEPARTMENTAL DELEGATIONS 

14

FLEGT 
licence 

PCFC  of  points  of 
lading  of  timber  for 
export 

Other PCFCs and 
CHECKPOINTS 

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KEY: 

Meaning of the arrows: 

1: Link to SIGIF II with MESURE and SYDONIA 
2: Requests for information from the administrations involved 
3: Provision of specific information related to the request 
4: Deposit of certificate of legality application files 
5: Encoding of data in SIGIF II or filing of logging data 
6: Deposit of files for FLEGT licence application files 
7: Requests for specific information 
8: Provision of information from the database 
9: Requests for information on disputes 
10: Provision of specific information from the database 
11: Provision of specific information 
12: Link to the database, data encoding 
13: Issue of certificates of legality 
14: Issue of FLEGT licences  

II. 

MONITORING BODY AT NATIONAL LEVEL 

A ‘national monitoring committee’ is established, in accordance with Article 16 of the Agreement, 
in order to conduct regular consultations between the Cameroon stakeholders and to guarantee their 
involvement in the monitoring and implementation of the Agreement. It includes all the interested 
stakeholders, in particular; 

–  the representatives of the administrations involved; 
–  members of parliament; 
–  the representatives of the forestry communes (having their own domain, with a domain 

assigned to them by the State or beneficiaries of the forestry tax); 

–  the representatives of civil society organisations; 
–  the representatives of the private forestry and timber sector; 
–  the unions that are active in the sector. 

The  composition  and  organisational  and  functional  requirements  of  the  Committee  will  be  laid 
down  in  a  regulation  by  the  Minister  responsible  for  forests  as  soon  as  the  Agreement  has  been 
signed. 

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ANNEX IV 

Conditions governing the release for free circulation in the European Union of 
timber and derived products exported from Cameroon and accompanied by a 
FLEGT licence 

I. 

PRINCIPLES 

In  order  to  guarantee  the  efficient  operation  of  the  Cameroon  FLEGT  licensing  scheme,  the 
Member States of the European Union must verify that the timber and derived products sent from 
Cameroon and entered for release for free circulation in the European Union are accompanied by a 
FLEGT licence in accordance with the rules (see Articles 6 and 10). 

The  existence  and  regularity  of  the  FLEGT  licence  are  ascertained  following  documentary 
verification by the competent authorities that the States will have designated.  

The timber and derived products within a shipment will not be released for free circulation until the 
customs  authorities  have  been  informed  of  the  existence  and  regularity  of  the  FLEGT  licence 
corresponding  to  the  shipment.  Before  the  FLEGT  licensing  scheme  is  launched,  the  European 
Party will notify the Cameroon Party of the list of competent authorities designated by each of the 
Member States and also the procedure that will be used by those competent authorities. 

II. 

DEADLINES 

The FLEGT licence scheme establishes a set of requirements and procedures designed to verify that 
the  timber  and  derived  products  shipped  to  the  European  Union  are  produced  legally.  The 
establishment of this scheme must not be at the expense of the competitiveness of the timber and 
derived products originating from Cameroon. The deadlines for release for free circulation within 
the European Union must in particular be observed, in order to prevent any distortion against timber 
and derived products originating from a country that has not established a FLEGT licence scheme. 

This  concern  will  be  taken  into  account  by  the  Joint  Monitoring  Committee  (JMC)  and  has  been 
explicitly included in: 

–  the ‘Terms of Reference for the Independent System Audit (ISA)’ (Annex VI, Section 

II.4); 

–  the  ‘Evaluation  criteria  for  the  system  established  in  the  European  Union  to  accept 

FLEGT licences’ (Annex VIII, Section VI). 

III. 

PROCEDURE 

The  importer  sends  the  licence  accompanying  a  shipment  to  the  competent  authorities  of  the 
Member State in which the customs declaration for the purposes of release of the shipment for free 
circulation is made. 

The importer is actively encouraged to send the licence before the shipment arrives in the European 
Union, in order to allow its prior processing by the European authorities. 

The competent authorities examine the licence from five aspects (documentary control): 

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–  conformity  to  the  specimen  or  to  the  technical  specifications  of  the  licence  for 
Cameroon,  which  the  European  Commission  transmitted  earlier  to  the  competent 
authorities; 

–  presence  of  an  original  or  of  a  replacement  document  bearing  the  word  ‘Duplicate’, 

issued by the licensing authority;  

–  the  fact  that  the  examination  date  is  earlier  than  the  expiry  date  appearing  on  the 

licence; 

–  absence of erasures and alterations, unless they have been authenticated by the licensing 

authority; 

–  absence of extension of the validity of the licence, unless the extension was issued by 

the licensing authority. 

Following the examination, the competent authorities inform the customs authorities, in accordance 
with the applicable national procedures, of the existence, regularity and number of the licence. This 
information is required by the customs authorities processing the customs declaration for release for 
free circulation. The importer mentions the licence number on this declaration. 

During examination of the licence, the competent authorities may request further information from 
the Cameroon issuing authorities, in order to confirm the existence and regularity of the licence. 

They may also decide to undertake controls to determine whether the shipment itself conforms to 
the information in the licence (this is termed a ‘physical inspection’). 

If a physical inspection is decided upon, the authorities of the Member State endeavour to undertake 
their controls at the same time and in the same place, so that they only need to inspect the shipment 
once. 

If  a  physical  inspection  is  undertaken,  the  volume  and  net  weight  of  the  shipment  are  deemed  to 
conform to the information in the licence where the volume or net weight of the timber and derived 
products in the shipment does not vary by more than 10% from the volume or net weight stated in 
the corresponding licence.  

IV. 

SUMMARY FLOWCHART 

The flowchart below shows the procedure for release for free circulation in the European Union of 
timber and derived products exported from Cameroon and accompanied by a FLEGT licence. 

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Cameroon Legality 
Assurance Scheme  

Issue of Cameroon 
licences 

Produces  4  documents,
retain copy No 4 

If  necessary  exchanges 
to  verify  the  regularity 
of the licence 

Export 

Receives copies 1, 2, 3 

Retains original and copy No 3

Cameroon 
export 
procedure 

Import

Communication 
original and 
copy No 3 

Customs declaration

Competent Authorities

Examination 

Customs authorities 

Release for free circulation procedure 

- Collection of import duties 
- Collection of other taxes 
-  Application  of  commercial  policy  measures,
including  FLEGT 
- Other formalities 

No complementary control

Documentary control

Single physical inspection

Free circulation within the entire European Union

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ANNEX V 

Requirements for issuing FLEGT licenses 

CHAPTER 1 

Formalities for the issue of licences  

Article 1 

1. 

2. 

3. 

The FLEGT licence is the document issued by the devolved departments of the Ministry 
responsible for forests at the exit points from Cameroon identified for this purpose.  

The FLEGT licences shall be signed by the FLEGT licence issuing authorities designated 
for that purpose.  

The FLEGT licence issuing authorities are those responsible for the structures identified; 
they may be:  

–  the regional representatives; 
–  the departmental representatives; 
–  the managers of the control and hunting posts. 

Article 2 

The FLEGT licence shall be issued on the basis of a file comprising the following documents: 

–  a stamped application, detailing: 

•  the  surnames,  first  names,  nationality,  profession  and  domicile  of  the  person  applying 

for the licence, if this is a natural person; 

•  the  company  name,  registered  office,  name  of  the  chief  executive,  if  this  is  a  legal 

entity; 

–  a copy of  the  inherently  valid certificate of legality of  the title from which  the timber 

originates;  

–  a specification bulletin of the timber or timber and derived products to be exported. 

Article 3 

1. 

A  FLEGT  licence  issued  at  the  point  of  lading  certifies  the  legality  of  the  timber  and 
timber  products  (with  respect  to  the  legality  matrix,  traceability  and  the  national  forestry 
and wildlife system) and permits them to be exported to the European market.  

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2. 

The procedure involves: 

–  the  ongoing  transmission  of  virtual  information  or  secure  documents  between  the 
forestry entities and the competent forestry departments (documentary traceability);  

–  the  online  exchange  of  information  between  the  central  department  responsible  for 
legality  at  Yaoundé  and  the  devolved  departments  of  the  Ministry  responsible  for 
forests,  using  a  single  use  numbering  system  and  automatic  recording  in  the  central 
database (computer system administering forestry information – SIGIF II and electronic 
traceability).  

CHAPTER 2 

Taxes  

Article 4 

Every  FLEGT  licence  issued  shall  give  rise  to  the  payment  of  a  FLEGT  stamp;  the  amount  and 
methods  for  the  use  such  stamps  shall  be  laid  down  in  a  specific  act  drawn  up  by  the  Minister 
responsible for forests. 

CHAPTER 3 

Requirements relating to FLEGT licences 

1. 

2. 

1. 

2. 

3. 

4. 

A FLEGT licence may be paper-based or an electronic licence. 

Article 5 

Both  paper-based  and  electronic  licences  shall  contain  the  particulars  specified  in 
Appendix 1, in accordance with the explanatory notes set out in Appendix 2. 

Article 6 

The FLEGT licence shall be valid for a single shipment from its issue date. 

The period of validity of the FLEGT licence shall not exceed six (6) months. The date of 
expiry shall be indicated in the licence. 

After  its  expiry,  the  FLEGT  licence  shall  be  considered  as  void.  The  licensing  authority 
may decide to extend the period of validity by three (3) months. To that end the licensing 
authority shall correct and validate the new expiry date. 

A FLEGT licence shall cease to be valid and will be returned to the licensing authority if 
the timber and derived products concerned have deteriorated prior to their shipment. 

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Paper-based licences shall conform to the format set out in Appendix 1. 

Article 7 

1. 

2. 

3. 

1. 

2. 

Article 8 

The FLEGT licence shall be made out using a form adopted by the Parties and described in 
Appendices 1 and 2. 

The paper size shall be A4, with four copies. 

The colour of the paper used for the each copy of the form shall be as follows: 

a)  white for the ‘Original, for the applicant’; 
b) 
c) 
d) 

orange for the 2nd copy ‘Copy for the Cameroon customs’; 
yellow for the 3rd copy ‘Copy for the EC customs’; 
green for the 4th copy ‘Copy for the archives of the issuing department’. 

Article 9 

The  licences  shall  be  completed  using  a  typewriter  or  computer.  They  may  also  be 
completed by hand, provided the forms are self-copying. 

The  stamps  of  the  licensing  authority  shall  be  applied  by  means  of  a  metal  stamp, 
preferably  made  of  steel.  However,  an  embossing  press  combined  with  letters  or  figures 
obtained by means of perforation may be substituted for the licensing authority stamp. The 
licensing  authority  shall  use  any  tamper-proof  method  to  record  the  quantity  allocated  in 
such a way as to make it impossible to insert figures or references. 

3. 

The licences shall be printed and completed in English or French. 

1. 

2. 

3. 

4. 

5. 

The licence shall be drawn up in quadruplicate.  

Article 10 

The first copy (white), marked ‘Original’, shall, after being completed, signed and stamped 
by  the  licensing  authority,  be  given  to  the  applicant  for  submission  to  the  competent 
authorities  of  the  European  Union  Member  State  in  which  the  shipment  covered  by  that 
licence is declared for release for free circulation. 

The  second  copy  (orange),  marked  ‘Copy  for  Cameroon  customs’,  shall  be  given  to  the 
applicant for submission to the Cameroon customs authorities. 

The third copy (yellow) marked ‘copy for EC customs’ shall be given to the applicant for 
submission to the customs authorities of the Member State of the European Union in which 
the shipment covered by the licence is declared for release for free circulation. 

The fourth copy (green) marked ‘Copy for the archives of the issuing department’ shall be 
archived by the licensing department. 

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CHAPTER 4 

FLEGT licence lost, stolen or destroyed  

Article 11  

In the event of the loss, theft or destruction of the original or the copies for customs, the 
importer  or  his  authorised  representative  may  apply  to  the  licensing  authority  for  a 
replacement on the basis of the document in his possession. 

In the event of the loss, theft or destruction of both the original and the copies for customs 
the  applicant  or  his  authorised  representative  may  apply  to  the  licensing  authority  for  a 
replacement of both. 

The licensing authority shall issue the replacement(s) within one month following receipt 
of the request from the applicant. 

The replacements shall contain the information and entries appearing on the licence they 
replace, including the licence number.  

The replacement licence shall bear the word ‘DUPLICATE’.  

If  the  lost  or  stolen  licence  is  retrieved,  it  shall  not  be  used  and  must  be  returned  to  the 
licensing authority. 

Procedures in the event of reservations regarding the authenticity of a licence 

Article 12 

In  the  event  of  reservations  regarding  the  regularity  of  a  FLEGT  licence  or  of  its 
replacement,  the  competent  authority  in  the  European  Union  shall  ask  the  licensing 
authority  for  verification.  Only  the  response  from  the  licensing  authority  shall  be 
authoritative.  

If it considers it necessary, the licensing authority may ask the competent authority to send 
it a copy of the licence or the replacement in question. 

If the licensing authority considers it necessary, it shall withdraw the licence and issue a 
corrected copy bearing the references of the cancelled document, which it shall transmit to 
the competent authority of the European Union. 

If the validity of the licence is confirmed, the licensing authority shall notify the competent 
authority of this, preferably electronically, and return the copies of the licence. 

copies 

The 
validated/authenticated by stamp. 

returned 

thus 

shall 

bear 

the 

endorsement 

'Validated 

on…' 

In the event that the licence in question is not valid, the licensing authority shall notify the 
competent authority of the European Union thereof, preferably by electronic means. 

1. 

2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

4. 

5. 

6. 

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Technical specifications with regard to a computerised FLEGT licence 

Article 13 

The FLEGT licence may be issued and used by means of computerised systems.  

In  European  Union  Member  States  which  are  not  linked  to  the  computerised  system,  a 
paper-based licence shall be made available. 

APPENDICES 

Licence form 

Explanatory notes 

1. 

2. 

1. 

2. 

NB: the forms must bear Cameroon's coat of arms and stamps  

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Appendix 1 

Format of the FLEGT licence 

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1

 1 Lic ensing body

N ame 

Ad dress  

2 Re fere nce of the ce rtificate  of le ga lity 

3 FLE GT lice nc e numbe r

 4 Expiry date

ORIGIN AL 

 5 Countr y of ex port  

7  Me ans of tr anspor t  

 6 ISO code 

 8 Lic enceholder  (na me and a ddre ss)

 9 Comm erc ia l designation of the tim ber products

10 HS hea dings 

1

 11 C om mon or sc ient ific name 

 12 C ountry of har ves t

13 ISO codes

14  Volume (m3 )  

 15  N et weight (kg) 

 16 N um be r of units  

 17 D is tinguishing mar ks: 

 18 Signa tur e and se al of lic ensing body

Pl ace a nd da te 

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2 

 1 Lic ensing body

N ame 

Ad dress  

COPY F OR CUST OMS

3 FLE GT lice nc e numbe r

 5 Countr y of ex port  

 6 ISO code 

 8 Lic enceholder  (na me and a ddre ss)

2 Ref erenc e of c ertificate  of le gality  

4 Expiry date

7 Mea ns of tra ns port

 9 Comm erc ia l designation of timber

produc ts

10  HS he adings 

2

 11 C om mon or scientific na me

 1 2 Countr y of harv est

13  ISO code s

14  Volume (m3 ) 

 15 Ne t we ight (k g) 

1 6 Number  of units  

 17 D is tinguishing mar ks: 

 18 Signa tur e and se al of lic ensing body

Pl ace a nd da te  

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Appendix 2 

Explanatory notes 

GENERAL DETAILS  

–  Complete in capital letters. 
–  Where mentioned, ISO codes refer to the international standard two-letter country code. 
Box 1 

State the name and address of the licensing authority.  

Licensing body  

Box 2 

Reference  of  the  certificate 
of legality 

Space reserved for the licensing country. 

Box 3 

FLEGT licence number  

State the licence number. 

Box 4 

Expiry date  

Period of validity of the licence.  

Box 5 

Country of export  

This  refers  to  the  partner  country  from  where  the  timber  and  derived  products  were 
exported to the EU. 

Box 6 

ISO code  

State the two-letter code for the partner country referred to in box 5.  

Box 7 

Means of transport  

State the means of transport to the point of export.  

Box 8 

Licensee  

State the name and address of the exporter.  

Box 9 

Commercial designation  

State the commercial designation of the timber and derived products.  

Box 10  HS heading and description   State  the  four  or  six  digit  product  code  produced  in  accordance  with  the  Harmonised 
commodity description and coding system.  

Box 11 

Common 
names  

or 

scientific 

Box 12 

Country of harvest  

Box 13 

ISO codes 

Box 14  Volume (m3)  

Box 15  Net weight 

Box 16  Number of units 

Box 17  Distinguishing marks 

State the common or scientific names of the categories of timber used in the product. If 
more  than  one  category  of  timber  is  used  in  a  product,  use  a  separate  line  for  each 
category. Optional in the case of composite products or components that contain more 
than one unidentifiable category (e.g. particle boards). 

State the countries where the categories of timber referred to in box 10 were harvested. 
If  more  than  one  category  is  used  in  the  product,  indicate  all  sources  of  timber  used. 
Optional in the case of composite products or components that contain more than one 
unidentifiable category. 

State  the  ISO  codes  of  the  countries  referred  to  in  box  12.  Optional  in  the  case  of 
composite products or components that contain more than one unidentifiable category.  

State the overall volume in m3. Optional, unless the information referred to in box 15 
has been omitted.  

State the total weight in kg, namely the net weight of the timber and derived products 
without  immediate  containers  or  any  packaging,  other  than  bearers,  spacers,  stickers, 
etc. Optional, unless the information referred to in box 14 has been omitted.  

State the number of units, where a manufactured product is best quantified in this way. 
Optional.  

State  any  distinguishing  marks  where  appropriate,  e.g.  batch  number,  bill  of  lading 
number. Optional.  

Box 18 

Signature  and  stamp  of 
licensing authority 

The box must be signed by the authorised official and stamped with the official stamp of 
the licensing authority. The place and date must also be stated.  

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ANNEX VI 

Terms of Reference for the independent system audit 

I. 

INTRODUCTION 

In  connection  with  the  implementation  of  this  Voluntary  Partnership  Agreement  (VPA),  the 
European  Union  and  Cameroon  agree  on  the  need  for  independent  auditing  in  order  to  check  the 
performance and efficiency of the FLEGT licensing scheme. 

II. 

MAIN TASKS 

The Independent System Audit (ISA) will cover the following operations: 

1. 

Auditing the Legality Assurance System (LAS) 

–  verifying the conformity of the allocation process for the different types of title 

•  Human resources and capacities 
•  Award procedure for the different types of title 
•  Verifying (based on sampling) the licences for the different types of title 
•  Title registration system 
•  Integrating  the  titles  into  the  computer  system  administering  forestry  information 

(SIGIF II) 

•  If  necessary,  verifying  the  registration  of  the  guarantee  in  the  Public  Revenue 

department 

•  Publishing licences 

–  evaluating the system for the issue of certificates of legality  

•  Human resources and capacities 
•  Procedure for issuing certificates of legality (application of the legality matrix) 
•  Verifying (based on sampling) the certificates of legality issued 
•  System for registering the certificates issued 
•  Use and function of the SIGIF II 
•  Field verification procedures (in the forest, en route and in the processing units) 
•  Registering the reports following field verification procedures 
•  Mechanism for recognising private certificates recognised on the basis of the principles, 
criteria and indicators applicable in Cameroon and verification of their conformity with 
the requirements of the legality matrix. 

–  Evaluation of the traceability system 

•  Human resources and capacities 
•  Field  control  procedures  (implementation  of  the  national  forestry  and  fauna  control 

strategy) 

•  Evaluating control activities (including any field verifications that may be required) 
•  Registration at the individual stages of the traceability chain 
•  Evaluating interaction between the individual systems: Computer system administering 
forestry  information  (SIGIF  II),  Monitoring  offences  and  IT management  of  forestry 

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disputes (SIGICOF), Customs IT system (SYDONIA) and Better monitoring of fiscal of 
return (MESURE) 

•  Evaluating harvesting/reconciliation of information along the supply chain. 

–  evaluating the FLEGT licensing scheme 

•  Human resources and capacities 
•  Licensing procedures 
•  Use and function of SIGIF II, SIGICOF, SYDONIA and MESURE 
•  Verifying (based on sampling) the FLEGT licences issued 
•  FLEGT licence registration system 
•  Production of statistics and other consolidated information 

Identifying deficiencies in the LAS and reporting them to the Council.  

Evaluating the effectiveness of any corrective measures taken to address failures identified 
in audit reports. 

Evaluating the efficiency of the procedure established by the European Union for release 
for  free  circulation  of  the  products  covered  by  the  FLEGT  scheme  within  the  European 
market, and specifically: 

–  verification period; 
–  institutional problems between the competent authorities and the licensing authority. 

Evaluating the monitoring system for timber in transit. 

Examining the joint application of both Parties at any other point during implementation of 
the LAS. 

2. 

3. 

4. 

5. 

6. 

III. 

QUALIFICATION REQUIRED 

The ISA must be undertaken under the responsibility of an independent organisation with a proven 
track  record  in  auditing  and  able  to  demonstrate  a  thorough  knowledge  of  the  forestry  sector  in 
Cameroon and/or the Congo Basin. It must also have the following characteristics: 

–  not  be  directly  involved  in  the  management  (logging,  processing,  timber  trading, 
control)  of  the  activities  of  the  forestry  sector  in  Cameroon.  Service  providers  under 
contract with the Cameroon government with respect to forestry control are not eligible 
to carry out ISAs, 

–  not have any direct or indirect interests with respect to one of the actors in the forestry 

sector of Cameroon or of the European Union,  

–  have an internal quality system in accordance with the ISO 17021 system or equivalent,  
–  be able  to  demonstrate  that its teams include  experts  in  the fields  of  audits  relating to 
forestry  management,  the  processing  industry,  traceability  systems  and  knowledge  of 
the European Union market, 

–  be  able  to  demonstrate  that  its  teams  include  experts  having  sufficient  experience  in 

Cameroon and elsewhere in the Congo Basin, 

–  the involvement of experts from the subregion is to be encouraged alongside the use of 

international experts.  

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IV. 

METHODOLOGY 

The ISA must be undertaken using documented procedures. 

–  The  ISA  auditor  must  act  in  accordance  with  a  documented  management  system, 
policies  and  procedures  which  meet  the  requirements  laid  down  in  the  internationally 
accepted good practice guide and made publicly available.  

–  The  ISA  auditor  will  draw  up  an  audit  timetable  based  on  the  following  frequency:  6 
months following the effective establishment of the assurance scheme, thereafter once a 
year  after  the  initial  period,  subject  to  confirmation  that  the  schemes  are  functioning 
effectively. 

–  The ISA will take place, if possible, during the first quarter of the year. 
–  The  documented  procedures  must  serve  as  a  guide  for  verifications  based  on  the 

sampling of documents, registrations and operations.  

–  All observations made during the audits must be documented. 
–  The observations made during the audit will culminate in the definition of the systemic 

problems encountered. 

–  The  audit  report  must  contain  all  relevant  information  on  the  programme  and  the 
findings made. An outline for the audit report and summary report must be provided in 
the documented procedures.  

–  The  ISA  auditor  sets  up  a  system  for  receiving  and  dealing  with  complaints  made 

against him. 

V. 

SOURCES OF INFORMATION 

The ISA must use all the available sources of information, in particular: 

1. 

2. 

Reports  of  the  permanent  forestry  control  missions  undertaken  as  part  of  the  national 
forestry and fauna control strategy (SNCFF).  

Information from the Legality Assurance System (LAS) and its four components: 

–  verifying conformity of the title allocation process 
–  verifying the system for the issue of certificates of legality 
–  verifying the traceability system 
–  verifying the licensing system. 

3. 

The other administrations: 

–  customs 
–  tax administration (forestry revenue securing program – PSRF). 

4. 

Information from external control mechanisms: 

–  independent  observation  (IO)  for  controlling  and  monitoring  forestry  offences,  which 
seeks  to  strengthen  the  control  capacities  of  the  Ministry  responsible  for  forests  and 
provides independent sources of information on the forestry sector; 

–  Société  Générale  de  Surveillance  (GSS)  [supervisory  company],  responsible  for 

physical inspection of timber logs in order to secure customs revenue; 

–  private  voluntary  legality  and  traceability  certification  systems,  recognised  under  the 
PCIs  (principles,  criteria  and  indicators)  applicable  in  Cameroon,  and  recognised 
sustainable management certificates (such as the ‘Forestry Stewardship Council’ [FSC] 
label).  

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–  other  mechanisms  for  monitoring  logging  in  Cameroon,  which  provide  important 

information on illegal activities. 

Field visits by third parties. 

Information gathered from other organisations (specialist NGOs etc.) 

Report from the competent European Union authorities. 

All other sources of information deemed useful by the ISA. 

Published audits from other countries that have established a FLEGT licensing scheme. 

5. 

6. 

7. 

8. 

9. 

VI. 

REPORTS 

Every ISA report will include: 

(i) 

(ii) 

a  complete  report  for  the  Parties  containing  all  relevant  information  on  the  audit 
programme  and  on  the  operation  of  the  Legality  Assurance  System  and  the  issuing  of 
FLEGT licences. 
a summary of the report, for the public, based on the full report and summarising the main 
conclusions and deficiencies of the system that have been identified. 

The  ISA  shall  submit  a  preliminary  report  to  the  Joint  Implementation  Council  through  the  Joint 
Monitoring  Committee  of  the  Agreement.  The  associated  comments  will  be  sent  to  the  ISA  for 
finalisation of the report. The ISA must provide all necessary information and responses to requests 
for clarification. The final report will be based on the preliminary report, to which will be added any 
clarification provided by either Party, and any responses by the ISA to this clarification. The ISA 
auditor  will  send  the  final  report  to  the  Council.  If  the  Council  gives  a  favourable  opinion, 
Cameroon will publish the report. ISA reports and any corrective action required will be discussed 
by the Council. The ISA auditor is then notified of the corrective action to be taken. 

VII. 

RECRUITMENT RULES 

The ISA auditor will be selected in accordance with the rules in force in Cameroon. The Cameroon 
Government  will  conclude  a  contract  with  the  ISA,  following  consultation  with  the  European 
Union, and based on documented and transparent selection procedures. 

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1. 

2. 

ANNEX VII 

Published information 

The  Parties  undertake  to  ensure  that  the  VPA  and  the  FLEGT  licensing  scheme  are 
properly  understood  by  all  the  actors  involved.  Access  to  information  on  the  objectives, 
implementation,  monitoring  and  control  will  enable  a  thorough  understanding  of  the 
process  to  be  gained,  and  all  the  actors  to  be  involved,  with  a  view  to  attaining  all  the 
objectives  of  the  Agreement.  Such  transparency  will  strengthen  the  image  of  Cameroon 
forestry  products  on  the  European  market  and  will  improve  the  investment  climate  for 
those companies importing timber to Europe. 

Information on the operations associated with the FLEGT licensing scheme will be set out 
in an annual report published by the Joint Implementation Council (hereinafter referred to 
as the Council). To this end, the Joint Monitoring Committee (JMC) will conduct regular 
joint  mission  in  order  to  assess  the  efficiency  of  the  agreement  and  its  impact.  Based  on 
information  provided  by  both  Parties,  the  annual  report  on  the  FLEGT  licensing  scheme 
should include, in particular, information relating to: 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

h) 

i) 
j) 
k) 

quantities of timber and derived products exported to the European Union under the 
FLEGT licensing scheme according to the relevant HS/CEMAC code headings and 
according to the destination EU Member State;  
the  number  of  FLEGT  licences  issued  by  Cameroon;  progress  made  in  achieving 
objectives and action to be taken within a deadline specified in the Agreement and all 
matters relating to implementation of the Agreement;  
action preventing the export of timber and derived products of illegal origin to non-
EU markets or sale thereof on the national market;  
quantities  of  timber  and  derived  products  imported  into  Cameroon  or  having 
transited through Cameroon;  
the  measures  taken  to  prevent  the  import  of  timber  and  derived  products  of  illegal 
origin in order to maintain the integrity of the FLEGT licensing scheme; 
cases of non-compliance with the FLEGT licensing scheme in Cameroon and action 
taken in such cases;  
quantities  of  timber  and  derived  products  imported  into  the  European  Union  under 
the FLEGT licensing scheme, according to the relevant HS/CEMAC code headings 
and according to the EU Member State into which import took place;  
quantities  of  timber  and  derived  products  imported  into  the  European  Union  under 
the FLEGT licensing scheme, according to countries of origin (to be provided by the 
European Union);  
information on prices on the international market; 
number of FLEGT licences received by the European Union;  
number  of  cases  and  quantities  of  timber  and  derived  products  involved  where 
Article 10(1) and (2)45 has been applied; 

45 

Article  10(1)  and  (2):  Consultations  on  the  regularity  of  the  FLEGT  licences:  If  there  are  any  reservations 
regarding the regularity of a licence, the competent authority concerned must contact the licensing authority to 
obtain the additional information. 
If the licensing authority fails to reply within 21 calendar days of the date of receipt of the application, or if the 
additional information received confirms the irregularity, or if the details appearing on the FLEGT licence do 
not  correspond  to  the  shipment,  the  competent  authority  in  question  will  not  accept  the  FLEGT  licence  and 

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3. 

The other data and reports will be published in order to give the actors involved access to 
useful information to enable monitoring of implementation of the Agreement. This access 
to information must also enable the strengthening of governance in the forestry sector. This 
information  will  be  published  on  the  websites  of  both  Parties.  More  specifically,  the 
information will include the following elements:  

Legal information 

–  Legality matrices  
–  All the existing legislative and regulatory references and rules set out in Annex II.  
–  Texts of all laws and amendments applicable to the forestry sector  
–  Forest Code (laws and regulatory texts) 
–  Implementing texts 
–  List of signed/ratified international conventions and agreements 
–  Text of the VPA, annexes and subsequent amendments 
–  Employment Code and principal regulatory texts applicable to the forestry sector on this 

subject 

–  General Tax Code and finance laws 
–  List  of  private  legality/durability  certification  schemes  recognised  by  the  Ministry 

responsible for forests. 

Information on production 

–  Total annual log production 
–  Annual authorised logging volumes, by species, title and company 
–  Annual volumes processed, by type of product, species and company 
–  Annual volumes of logs exported, by species (total and to the European Union) 
–  Annual  volumes  of  timber  and  derived  products  imported  into  Cameroon,  and  by 

country 

–  Annual volumes of timber sold at public auction 

Information on allocation 

–  List of valid titles, with names of the companies to whom they have been allocated  
–  List of annual operating permits/annual logging certificates issued 
–  Location map of valid logging titles 
–  Location map for annual areas available for logging 
–  Official areas of valid logging titles and allocation price (annual forestry fee - RFA) 
–  Notices of various invitations to tender (cut timber sale, timber salvage licence, lumber 

permit etc.) 

–  Information on the pre-emptive right  
–  List of annual withdrawals of secure documents (DF10 worksite books and waybills) 
–  Results of the interministerial title allocation committee 
–  List of approved forestry companies (logging, processing, inventories, management) 
–  Notification of start of activities for timber salvage licences (ARB) 

Information on management  

–  Mandate,  rôles  and  responsibilities  of  the  ministerial  departments  responsible  for 

management 

–  List of concessions under management 

will  decide  how  to  proceed  by  application  of  existing  national  legislation.  The  licensing  authority  must  be 
informed.  

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–  List of communal forests and their areas 
–  Area of forestry concessions allocated 
–  Area of forestry concessions involved in management (including annual operating plans 

and five year management plans) 

–  Area of forestry concessions with approved management plan 
–  Area of certificated forestry concessions  
–  Documents relating to approved management plans  
–  Terms and conditions  
–  Environmental impact studies  

Information on processing 

–  List of approved processing companies 
–  Location  of  processing  units  (actual  addresses  and/or  geographical  coordinates  of  the 

processing units) 

–  Processing capacities per processing unit (% of capacity actually used) 
–  Volume of plant entry per company 
–  Volume of plant departure per company 
–  Stock at year end 

Information on exports 

–  Data on timber in transit 
–  Data on exports, by species, country and company 

Information on the Legality Assurance System and monitoring 

–  Final description of the Legality Assurance System 
–  Procedures for granting certificates of legality and FLEGT licences  
–  National strategy and control rules 
–  Reports from the independent title allocation observer 
–  Report from the independent forestry control observer 
–  Reports from the control teams 
–  List of certificates of legality issued 
–  List of FLEGT licences issued 
–  Rejected certificate applications 
–  Rejected FLEGT licence applications 

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Information on audits 

–  Terms of Reference for the audits 
–  Auditor recruitment procedures 
–  Results of the audit 
–  Complaints about the audit and their handling  
–  Introduction of corrective measures 

Information on financial transactions 

–  List of forestry disputes (record of offences) 
–  Annual report on forestry revenue 
–  Annual payments of the annual forestry fee (RFA) by title 
–  List of payments of local and national taxes 
–  List of fines for offences 
–  List of disputes settled 

Information on the institutional set--up 

–  Structure and functioning of the Joint Monitoring Committee 
–  Report of the Joint Monitoring Committee 
–  Structure and functioning of the National Monitoring Committee 
–  Report of the National Monitoring Committee 
–  Structure and functioning of the Interministerial Links Monitoring Committee 
–  Report of the Interministerial Links Monitoring Committee 
–  List of issuing authorities 
–  List of competent authorities 
–  Reports of competent authorities. 

4. 

5. 

The  Parties  undertake  to  ensure  transparency  in  the  action  taken  in  connection  with  the 
VPA.  With  this  in  mind,  in  the  event  of  a  specific  request  made  by  another  actor  in  the 
sector, they will make accessible all information they consider necessary. 

The  methods  and  channels  used  to  publish  the  information  in  question  must  include  the 
following elements: 

–  official reports, 
–  websites (MINFOF, EC, GLIN)46, 
–  multi-actor implementation platform,  
–  public meetings, 
–  press conferences, 
–  films, 
–  radio and television. 

46 

Global Legal Information Network. 

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ANNEX VIII 

Criteria for evaluation of the Legality Assurance System (LAS). 

This Agreement provides for the implementation of a Legality Assurance System (LAS) intended to 
guarantee  that  all  timber  and  derived  products  specified  in  the  Agreement  and  exported  from 
Cameroon to the European Union are produced entirely legally. The LAS should include:  

–  a definition of legally produced timber that lists the laws that must be complied with 

in order for a licence to be issued;  

–  control of the supply chain to track timber from the forest to the point of export;  
–  verification of compliance with all elements of the definition of legality and control of 

the supply chain;  

–  the procedures for issuing certificates of legality and FLEGT licences, and finally  
–  the independent audit to ensure that the system is working as intended. 

The  LAS  will  be  subject  to  an  independent  technical  evaluation  before  the  licensing  scheme 
becomes fully operational; the Terms of Reference will be jointly agreed between the Parties, via 
the Joint Monitoring Committee (JMC) for the Agreement. These evaluation criteria describe what 
the  LAS  is  expected  to  produce  and  will  provide  the  basis  for  the  Terms  of  Reference  for  the 
evaluation. The evaluation will be aimed in particular at: 

–  reviewing  the  system  description  with  special  focus  on  any  revisions  made  after  the 

FLEGT-VPA was signed and  

–  examining the functioning of the system in practice. 

I. 

DEFINITION OF LEGALITY 

Legally produced timber needs to be defined on the basis of the laws applicable in Cameroon. The 
definition used must be unambiguous, objectively verifiable and operationally workable and, as a 
minimum, include those laws which cover: 

Harvesting rights: granting of legal rights to harvest timber within legally gazetted boundaries.  

Forestry operations: compliance with  legal requirements  regarding  forest  management including 
compliance with relevant environmental and employment legislation.  

Fees and taxes: compliance with legal requirements concerning taxes and fees directly related to 
timber harvesting and harvesting rights. 

Other users: respect for other Parties’ legal tenure or rights of use of land and resources that may 
be affected by timber harvesting rights, where such other rights exist.  

Trade and customs: compliance with legal requirements for trade and customs procedures.  

Is it clear what legal instrument underpins each element of the definition?  

Are criteria and indicators that can be used to test compliance with each element of the definition 
specified?  

Are the criteria/indicators clear, objective and operationally workable?  

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Do the indicators and criteria clearly identify the roles and responsibilities of the various Parties and 
does verification assess performance of all relevant Parties?  

Does the definition of legality include the main areas of existing law outlined above? If not: why 
were certain areas of law left out of the definition? 

In  drawing  up  the  definition,  did  the  Parties  concerned  consider  all  the  main  areas  of  applicable 
law?  

Does  the  legality  control  system  incorporate  the  main  legal  provisions  identified  through  prior 
discussion between the various Parties involved? 

Has the definition of legality and the legality control matrix been amended since the FLEGT-VPA 
was concluded? Have indicators and criteria been defined to ensure verification of these changes? 

II. 

CONTROL OF THE SUPPLY CHAIN 

Systems  to  control  the  supply  chain  must  provide  credible  assurance  that  timber  products  can  be 
traced throughout the supply chain from harvesting or point of import to the point of export. It will 
not always be necessary to maintain physical traceability for a log, log load or timber product from 
the point of export back to the forest of origin, but it is always needed between the forest and the 
first point of mixing (e.g. a timber terminal or a processing facility). 

II a. 

Logging rights  

There is clear delineation of areas where forest resource rights have been allocated and the holders 
of those rights have been identified. 

Does  the  control  system  ensure  that  only  timber  originating  from  a  forest  area  with  valid  and 
permissible rights of use enters the supply chain? 

Does the control system ensure that enterprises carrying out harvesting operations have been issued 
appropriate logging rights for the forest areas concerned? 

Have the procedures for issuing logging rights and information on issued logging rights and their 
holders been published? 

II b. 

Systems for controlling the supply chain  

There are effective mechanisms for tracing timber throughout the supply chain from harvesting to 
the point of export. 

The approach for identifying timber may vary, ranging from the use of labels for individual items to 
reliance  on  documentation  accompanying  a  load  or  batch.  The  selected  method  should  reflect  the 
type and value of timber and the risk of contamination with illegal or unverified timber. 

Are all the supply chain alternatives identified and described in the control system? 

Are all stages in the supply chain identified and described in the control system? 

Are methods defined and documented to (a) identify the product origin and (b) prevent mixing with 
timber from unknown sources in the subsequent stages of the supply chain? 

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–  timber in the forest, 
–  transport, 
–  interim storage, 
–  arrival at the primary processing facility, 
–  processing facilities, 
–  interim storage, 
–  transport, 
–  arrival at point of export? 

Which organisations are in charge of controlling the timber flows? Do they have adequate human 
and other resources for carrying out the control activities? 

Is there a protocol for verifying the results of the control procedures set up and applied?  

Are the application procedures clearly defined and communicated to all interested Parties? 

II c. 

Quantities 

There are robust and effective mechanisms for measuring and recording the quantities of timber or 
timber  products  at  each  stage  of  the  supply  chain,  including  reliable  and  accurate  pre-harvest 
estimates of the volume of standing timber in each harvesting site. 

Does the control system produce quantitative data of inputs and outputs at the following stages of 
the supply chain? 

–  standing timber, 
–  logs in the forest, 
–  transported and stored timber, 
–  arrival at the primary processing facility, 
–  control within the processing facilities, 
–  arrival at point of export? 

Which organisations are responsible for feeding the quantitative data into the control system? How 
are these organisations linked? Are the staff of these organisations given standard training in data 
management?  

What is the quality of the controlled data?  

If  different  organisations  are  responsible,  how  is  it  ensured  that  control  performance  and  data 
management are conducted in the same way in each organisation? 

II d. 

Data gathering 

All data is recorded in a way which makes it possible to reconcile it with the prior and subsequent 
links  in  the  chain  in  a  timely  manner.  Reliable  reconciliation  is  carried  out  for  the  entire  supply 
chain. 

Is  all  quantitative  data  recorded  in  a  way  which  makes  it  possible  to  quickly  reconcile  quantities 
with the prior and subsequent stages in the supply chain?  

Are  there  methods  to  assess  coherence  between  inputs  of  raw  materials  and  outputs  of  processed 
products at sawmills and other plants?  

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Is reliable reconciliation by individual item or by batch of timber products possible throughout the 
supply chain? 

What  information  systems  and  technologies  are  applied  for  storing  and  reconciliation  of  data  and 
for recording it? Are there robust systems in place for securing the data? 

How is unauthorised access to the system avoided (system security)?  

How is the viability of the security systems guaranteed?  

Which organisation is responsible for data reconciliation? Does it have adequate human and other 
resources for carrying out the data management activities? 

What information on the supply chain control is made publicly available?  

How can the interested Parties access this information? 

II e.  Mixing of legally verified timber with timber approved elsewhere 

If  mixing  of  logs  or  timber  from  verified  legal  sources  with  logs  or  timber  from  other  sources  is 
allowed,  there  are  sufficient  controls  in  place  to  exclude  timber  from  unknown  sources  or  which 
was harvested without legal logging rights. 

Does the control system allow verified timber to be mixed with other approved timber (e.g.: with 
imported  timber  or  timber  originating  from  a  forest  area  where  clear  legal  harvesting  rights  have 
been granted, but that is still not covered by the full verification process)?  

What  control  measures  are  applied  in  these  cases?  For  example,  do  controls  ensure  that  verified 
output volumes declared do not exceed total verified input volumes at each stage? 

What  are  the  conditions  for  introducing  into  the  supply  chain  confiscated  timber  sold  at  public 
auction, and is there a viable verification procedure? 

II f. 

Imported timber products 

There are adequate controls to ensure that imported timber and derived products have been legally 
imported. 

How is the legality of imports of timber and derived products demonstrated? 

What  evidence  is  required  to  demonstrate  that  imported  products  originate  from  trees  harvested 
legally in a third country?  

Does the LAS identify imported timber and timber products throughout the supply chain? 

Where  imported  timber  is  used,  can  the  country  of  origin  be  identified  on  the  FLEGT  licence, 
including that of components in composite products? 

Does the use of barcodes on imported timber guarantee that only forestry products that have been 
legally logged and processed will be exported with a FLEGT licence? (For example, what happens 
to imported timber after the initial processing stage, how is the mark applied, how will the mark be 
altered after the subsequent processing stages)?  

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III. 

VERIFICATION 

Verification provides adequate checks to ensure the legality of timber. It must be sufficiently robust 
and effective to ensure that any non-compliance with requirements, either in the forest or within the 
supply chain, is identified and corrective action is taken in good time.  

III a.  Organisation 

Verification  is  carried  out  by  a  government,  a  third-party  organisation  or  some  combination  of 
these,  which  has  adequate  resources,  management  systems  and  skilled  and  trained  personnel,  as 
well as robust and effective mechanisms to control conflicts of interest. 

Has the government appointed a body or bodies to undertake the verification tasks? Is the mandate 
(including associated responsibilities) clear and in the public domain? 

Are  the  responsibilities  clearly  allocated  and  are  the  required  competences  associated  with  the 
responsibilities clearly defined; how are they implemented?  

How  do  the  departments  responsible  for  verifying  legality  guarantee  the  highest  possible  level  of 
rationalised  collaboration  and  data  management  between  the  administrations  involved  in  forestry 
sector control (MINEP – MINFI etc.)? 

Does the verification body have adequate resources for carrying out the verification of the legality 
definition and the systems for controlling the timber supply chain? 

Does the verification body have a fully documented management system that: 

–  ensures adequate competence/experience for the personnel of the verification body, 
–  applies internal control/supervision, 
–  includes mechanisms to control conflicts of interest, 
–  ensures transparency of the system, 
–  defines and applies verification methodology, 
–  uses a publicly accessible complaints management system?  

III b.  Verification against the definition of legality 

There  is  a  clear  definition  setting  out  what  has  to  be  verified.  The  verification  methodology  is 
documented and ensures that the process is systematic, transparent, evidence-based, carried out at 
regular intervals and covers everything included within the definition. 

Does the verification methodology cover all elements of the legality definition and include tests of 
compliance with all specified indicators? 

Does verification require: 

–  checks  of  documentation,  operating  records  and  field  operations  (including  spot 

checks), 

–  collection of information from external interested Parties, 
–  recording  of  verification  activities  that  allows  checking  by  internal  auditors  and  the 

independent monitor? 

Are institutional roles and responsibilities clearly defined and applied? 

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Are the verification results against the definition of legality made publicly available? How can the 
interested Parties access this information? 

III c.  Verification of systems for controlling the supply chain 

There is a clear scope setting out what has to be verified, which covers the entire supply chain from 
harvesting  to  export.  The  verification  methodology  is  documented  and  ensures  that  the  process  is 
systematic,  transparent,  evidence-based,  carried  out  at  regular  intervals  and  covers  everything 
included within the scope, and includes regular and timely reconciliation of data between each stage 
in the chain. 

Does the verification methodology fully cover checks on supply chain controls?  

Is this clearly spelt out in verification methodology? 

What evidence is there to demonstrate application of verification of supply chain controls?  

Are institutional roles and responsibilities clearly defined and applied? 

Are the verification results on supply chain control made publicly available? How can the interested 
Parties access this information? 

III d.  Non-compliance 

There is an effective and functioning mechanism for requiring and enforcing appropriate corrective 
action where offences are identified. 

Does the verification system define the above requirement? 

Have mechanisms been developed for handling non-compliance? Are these applied in practice? 

Are there adequate records available on the offences identified and corrective action taken? Is the 
effectiveness of corrective actions evaluated? 

What information on identified breaches goes into the public domain? 

IV. 

LICENSING 

Cameroon  has  assigned  a  licensing  authority  overall  responsibility  for  issuing  FLEGT  licences. 
FLEGT licences are issued on the basis of either individual shipments or forestry entities. 

IV a.  Organisation 

What body is assigned responsibility for issuing FLEGT licences? 

Are the roles of the licensing authority and its personnel with regard to issuing of FLEGT licences 
clearly defined and publicly available? 

Are the competence requirements defined and internal controls established for the personnel of the 
licensing authority? 

Does the licensing authority have adequate resources for carrying out its task?  

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IV b. 

Issuing of FLEGT licences 

Does the licensing authority have documented procedures for issuing licences?  

Are these publicly available, including any fees payable?  

What evidence is there that these procedures are properly applied in practice? 

Are there adequate records available on licences issued and refused?  

Do the records clearly show the evidence on which the issuing of licences is based? 

IV c.  Consignment-based licences 

Is the licensing based on an individual consignment?  

Has the legality of an export consignment been demonstrated through government verification and 
traceability systems? 

Are the requirements for issuing licences clearly specified and available to the exporter?  

Do exporters fully understand the criteria for the issue of FLEGT licences? 

What information on issued licences goes into the public domain? 

V. 

INSTRUCTIONS ON THE INDEPENDENT SYSTEM AUDIT 

The Independent System Audit (ISA) is a function that is independent of Cameroon’s forestry sector 
regulatory bodies. It aims to provide credibility to the FLEGT licensing scheme by checking that all 
aspects of the LAS are operating as intended.  

V a. 

Institutional arrangements 

Designation  of  authority:  Cameroon  has  formally  authorised  the  ISA  function  and  allows  it  to 
operate in an effective and transparent way. 

Independence from other elements of the LAS: There is a clear separation between organisations 
and  individuals  that  are  involved  in  management  or  regulation  of  the  forest  resource  and  those 
involved in the independent audit. 

–  Does  the  government  have  documented  requirements  for  the  independence  of  the 

independent auditor?  

–  Do  provisions  state  that  organisations  or  individuals  from  both  Parties  having  a 
commercial  interest  or  an  institutional  role  in  the  forestry  sector  are  not  eligible  to 
perform the independent auditor function? 

Designation  of  the  independent  auditor:  The  independent  auditor  was  appointed  through  a 
transparent mechanism and there are clear and publicly-available rules regarding his actions. 

–  Has  the  government  made  the  terms  of  reference  for  the  independent  auditor  publicly 

available? 

–  Has the government documented the procedures for appointing the independent auditor 

and made them publicly available? 

EN 

119 

   EN 

 
Establishing  a  mechanism  for  handling  complaints:  there  is  a  mechanism  for  handling 
complaints and disputes that arise from the independent audit. This mechanism makes it possible to 
deal with any complaint relating to the operation of the licensing scheme. 

–  Is  there  a  documented  mechanism  for  handling  complaints  that  is  available  to  all 

interested Parties? 

–  Is  it  clear  how  complaints  are  received,  documented,  escalated  (where  necessary)  and 

responded to? 

V b. 

The independent auditor 

Organisational and technical requirements: the independent auditor is independent of the other 
components  of  the  Legality  Assurance  System  and  operates  in  accordance  with  a  documented 
management structure, policies and procedures that meet internationally accepted best practice. 

–  Does  the  independent  auditor  operate  in  accordance  with  a  documented  management 

system that meets the requirements of ISO Guide 17021 or similar standards? 

Methodology  of  the  audit:  the  methodology  of  the  independent  audit  is  evidence-based  and 
verifications are carried out at specific and frequent intervals. 

–  Does the methodology specify basing all findings on objective evidence concerning the 

functioning of the LAS? 

–  Does the methodology of the independent audit specify the maximum intervals at which 

each element of the LAS will be verified? 

Scope of the audit: The independent auditor operates according to terms of reference that clearly 
specify  what  has  to  be  audited  and  that  cover  all  agreed  requirements  for  the  issuing  of  FLEGT 
licences. 

–  Does  the  methodology  of  the  independent  audit  cover  all  elements  of  the  LAS  and 

specify the main tests of effectiveness? 

Reporting  requirements:  The  ISA  auditor  shall  submit  a  preliminary  report  to  the  Joint 
Implementation  Council  (Council)  through  the  Joint  Monitoring  Committee  (JMC)  of  the 
Agreement.  The  reports  of  the  independent  auditor  and  any  corrective  action  required  will  be 
discussed in the JMC.  

–  Do the independent auditor’s terms of reference specify the reporting requirements and 

reporting intervals? 

–  Do  the  terms  of  reference  of  the  auditor  and  the  procedures  of  the  JMC  describe  the 

publication process for audit results? 

VI. 

THE ‘EVALUATION CRITERIA OF THE SYSTEM ESTABLISHED IN THE EUROPEAN UNION TO 
ACCEPT FLEGT LICENCES 

The  FLEGT  Regulation  and  its  application  measures  lay  down  procedures  for  establishing  the 
FLEGT  licensing  scheme,  including  procedures  to  enable  verification  that  the  Cameroon  timber 
products intended for release for free circulation within the European Union are properly covered 
by  a  FLEGT  licence.  These  procedures  also  require  Member  States  to  designate  a  competent 
authority to take on this responsibility. 

EN 

120 

   EN 

 
Since  these  are  new  measures  introduced  specifically  to  implement  the  FLEGT  scheme,  the 
evaluation will examine the degree of preparedness of the European Union as regards verification of 
the FLEGT licences. 

Have  the  competent  authorities  been  identified in  each  Member  State?  Has  this  information  been 
made public? 

Have the procedures for processing the FLEGT licences been established in every Member State? 
Have these procedures been made public? 

Have  appropriate  legislation  and  regulations  been  established  where  deemed  necessary  by  the 
Member States?  

Have the means of communication between the competent authorities and the customs authorities 
been determined? 

Have procedures been established to enable the European Union, or any person or body designated 
by the European Union, to gain access to relevant documents and data and to avoid any problems 
arising that could hamper the proper functioning of the FLEGT licensing scheme? 

Have  procedures  been  established  to  enable  the  independent  auditor to  gain  access  to  all  relevant 
documents and data? 

reporting  methods  been  negotiated  between 

the 
Have 
European Commission? Have publication procedures for these reports been drawn up and adopted? 

the  Member  States 

and 

Do procedures cover cases where goods accompanied by a FLEGT licence are not accepted? Have 
procedures been established to report any contradictions in the licences and to deal with offences?  

Has the information relating to fines in various offence scenarios been published?  

EN 

121 

   EN 

 
ANNEX IX 

Schedule for implementation of the Agreement 

Activities 

Secondary activities 

2009 2010 

2011 

2012  2013  2014 2015 2016

Preparatory phase 

Operational phase 1 

1.1 Preparation of a communication plan 

1.2 Evaluation and readjustment of the communication plan 

1.3 Implementation of the communication plan 

1.  Raising  awareness  and 
information 
providing 
the 
among  actors  and 
public 

1.4 Establishment of an exchange platform between COMIFAC 

countries 

1.5  Communication  activities  designed  to  inform  international 

opinion (same as 9.4, 9.5, 9.6) 

1.6 Promotional campaigns 

1.7  Raising  awareness  of  the  actors  in  relation  to  elements  of 

the LVP 

2.1  Preparation  of  a  promotional  plan/feasibility  study  for  a 

‘FLEGT Cameroon’ label 

2.2 Labelling ‘FLEGT Cameroon’ products 

2.3 Label protection and management 

2.4  Promotion  of  “FLEGT  Cameroon”  products  on  targeted 

markets 

2.5 Raising awareness among the European public 

2.6 Promotion of the LAS in other international markets (USA, 

China etc.) 

3.1 Organisation of the central structure  

3.2  Organisation  of  the  peripheral  structures  (Douala,  Kribi 

etc.) 

3.3  Establishment  and  function  of  the  Council  and  the  Joint 

Monitoring Committee (JMC) of the Agreement 

3.4  Establishment  and  function  of  the  National  Monitoring 

Committee of the Agreement 

4.1  Preparation  of  a  training  plan  (identification  of  the  actors 
involved  and design  of  a  matrix  enabling  determination  of 
the  objectives  of  the  training  and  campaigns  to  be 
undertaken, including an estimate of the costs involved) 

4.2 Implementation of the training plan 

4.3 Definition of equipment and logistical tools 

2.  Promotion  of  ‘FLEGT 
Cameroon’  products  on 
the European market 

3. 
arrangements 

Institutional 

4. Capacity building 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

EN 

122 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Activities 

Secondary activities 

2009 2010 

2011 

2012  2013  2014 2015 2016

Preparatory phase 

Operational phase 1 

4.4. Acquisition of equipment and logistical tools 

4.5  Putting  equipment,  logistical  tools  and  maintenance  into 

service 

5.1 Review of forestry law and its implementing texts 

5.2  Improvement  of  the  legal  framework  relating  to  the 

domestic timber market  

5.3  Improvement  of  the  legal  framework  relating  to  forests 

(community, communal and private forests) 

5.  Reform  of  the 
framework 

legal 

5.4 Improvement of the legal framework relating to social and 

environmental aspects 

5.5 Integration of the relevant provisions of international legal 

instruments duly ratified by Cameroon 

5.6 Any necessary readjustment of the legality matrix 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

5.7  Improvement  of  the  legal  framework  in  relation  to  the 
the  forestry  sector  and  advanced 

industrialisation  of 
processing 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

6.1 Developing a system for planning the control actions 

6.  Improvement  of 
national control system 

the 

6.2  Establishment  of  procedures  for  the  control  operations,  in 

accordance with the legality assurance procedures  

6.3 Development of measures to improve governance 

6.4  Function  of  the  national  control  system  feeding  into  the 

SIGIF II 

7. Establishment of the  

7.1 Development of the traceability system 

traceability system 

7.2  Establishment  of  the  link  between  the  databases  of  the 
various  ministries  involved  and  the  mechanises  for  the 
exchange of data with the CEMAC countries 

7.3 Updating the inventory rules 

7.7 Testing of the pilot system (operationalisation) 

7.5  Acquisition  of  materials  and  equipment  (identifiers, 
identifier readers, computers) for extension of the system to 
national level 

7.6 Consolidation and extension of the system to national level: 
establishment  and  equipment  of  control  posts  along  the 
supply  chains, 
including  border  posts  (infrastructure, 
computers, internet links, etc.) 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

7.7  Strengthening  the  capacity  of  the  actors  (MINFOF  and 
other  administrations  involved,  private  sector  and  civil 
society),  with  geo-referenced  inventories,  use  of  databases 

x 

x 

x 

EN 

123 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Activities 

Secondary activities 

2009 2010 

2011 

2012  2013  2014 2015 2016

etc.  

Preparatory phase 

Operational phase 1 

7.8 Training of staff involved (legality unit and control posts), 

private sector and civil society 

x 

x 

7.9 Function of the traceability system 

7.10 Data gathering and processing 

7.11 Equipment maintenance 

8.1  Continued  development  and  field  tests  of  the  legality 

matrices 

8.2  Development  of  detailed  procedures  for  verifying  the 

legality of the forestry entity 

x 

x 

x 

x 

8.3  Training  and  raising  awareness  on  the  procedures  for 

verifying the legality of the forestry entity 

8.4  Recognition  and  publication  of  the  approved  private 

certification schemes 

x 

x 

8.5 Testing the system for the issue of certificates of legality 

8.6 Evaluation of the function of verification of the legality of 
the  forestry  entity,  together  with  any  necessary  corrective 
measures 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

8.7 Issue of certificates of legality 

x 

x 

x 

x 

x 

x 

8.  Establishment  of  the 
scheme  for  verifying  the 
legality  of 
forestry 
entity 

the 

9.  Establishment  of  the 
system  for  the  issue  of 
FLEGT licences 

9.1 Development of detailed procedures for the issue of FLEGT 

licences 

9.2  Raising  awareness  of  the  procedures  for  issuing  FLEGT 

licences within the private sector 

9.3  Establishment  of  contacts  with  the  competent  European 

authorities 

9.4 Feasibility study on the issue of electronic FLEGT licences 

9.5 Testing the system for the issue of FLEGT licences 

x 

x 

x 

x 

x 

x 

9.6 Issue of FLEGT licences 

10.  Independent  audits  of 
the system 

10.1  Recruitment  of  the  independent  auditor  and  development 

of detailed methodology 

10.2 First independent audit (6 months after launch) 

10.3 Second independent audit (12 months after launch) 

10.4 Third independent audit (2 years after launch) 

10.5 Fourth independent audit 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

EN 

124 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Activities 

Secondary activities 

2009 2010 

2011 

2012  2013  2014 2015 2016

Preparatory phase 

Operational phase 1 

10.6 Fifth independent audit 

10.7 Sixth independent audit 

11.  Monitoring 
the 
domestic  timber  market 
(MIB) 

11.1 Monitoring the domestic timber market 

11.2 Establishment of a statistic-gathering system 

12.1  Completion  of  an  inventory  of  the  timber  sector  in 
timber-based 

the  consumption  of 

Cameroon  and  of 
products on the Cameroon market 

12.2 Consultation with professionals (informal or otherwise) 

12.3 Analysis of the dynamics and of requirements 

12.  Industrialisation  and 
marketing 

12.4  Preparation  of  plan  for 

the  evaluation, 

industrial 

development and more advanced processing of timber 

12.5 Preparation of processing rules 

12.6  Preparation  of  incentives  for  the  use  of  timber  (quality 

standards, promotion of new products) 

12.7 Characterisation and promotion of lesser known species 

12.8 Encouragement of technology transfer 

13.1 Definition and monitoring of social indicators 

13.2  Establishment  of  a  system  for  monitoring  confiscated 

timber volumes 

13.3  Establishment  of  the  system  for  monitoring  socio-

economic and environmental impact 

13.4 Evaluation of the socio-economic impact halfway through 

implementation of the VPA 

13.  Monitoring 
impacts of the VPA 

the 

13.5 Monitoring the growth in forestry sector revenue 

13.6 Strengthening the mechanism for permanent monitoring of 
vegetation  cover  (monitoring  permanent  plots  of  land, 
satellite images etc.) 

13.7  Impact  studies  in  relation  to:  illegal  logging,  market 
access,  revenue  growth,  timber  exports,  of  confiscated 
timber quantities 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

x 

13.8  Monitoring  developments  in  relation  to  fines  and  court 

cases 

x 

x 

x 

x 

x 

x 

14.  Seeking 
financing 

additional 

14.1 Development a fund mobilisation strategy 

14.2 Development of programmes and funding agencies 

x 

x 

x 

x 

x 

x 

x 

EN 

125 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ANNEX X 

Supporting measures and financing mechanisms 

I. 

FINANCING MECHANISMS 

A  large  proportion  of  the  activities  required  for  implementation  of  the  VPA  is  already  included 
under the sector reforms introduced by the Cameroon Government, which are identified as some of 
the priority activities to be undertaken by the Forest and Environment Sector Programme (PSFE). 
As a result, their financing is assured through the instruments identified under that programme, in 
particular:  

a) 

b) 

for funds provided by Cameroon itself:  
–  the national budget; 
–  the Special Forestry Development Fund (FSDF). 
for contributions by the partners: 
–  the Common Fund; 
–  budgetary support. 

However, additional financial resources are needed for some actions that are specific to the VPA, 
hence the need to seek resources elsewhere: 

–  from  the  development  partners:  the  support  of  the  European  Union  via  the 

10th European Development Fund (EDF) and other mechanisms to be identified; 

–  internally: the introduction of a tax. 

These  additional  funds  must  be  mobilised  in  accordance  with  the  Forest  and  Environment  Sector 
Programme. 

II. 

SUPPORTING MEASURES  

The  implementation  of  actions  more  specific  to  the  VPA  will  require  supporting  measures  in  the 
following fields:  

a) 
b) 
c) 
d) 
e) 
f) 
g) 
h) 
i) 
j) 
k) 
l) 
m) 
n) 

capacity building; 
communication; 
promotion of FLEGT products on the European market; 
monitoring the domestic timber market; 
industrialisation; 
monitoring the impact of the VPA; 
helping to monitor implementation of the Legality Assurance Scheme (LAS); 
modernising the traceability system; 
strengthening the national control system; 
the Legality Assurance System; 
the system for issuing FLEGT licences; 
establishing the independent audit; 
reforms of the legal framework; 
seeking additional financing. 

To  this  end,  the  Parties  must  ensure  that  adequate  technical  and  financial  support  is  in  place,  in 
order to enable the Cameroon Government to implement the necessary actions.  

EN 

126 

   EN 

 
II a. 

Capacity building  

Justification 

–  Technical  upgrade  via  the  training  of  all  the  actors  involved  (administrations,  private 

sector, civil society etc.)  

–  Increased equipment 
–  Increased logistical tools 

Planned action 

–  Preparation  of  a  training  plan  (identification  of  the  actors  involved  and  design  of  a 
matrix  enabling  determination  of  the  objectives  of  the  training  and  campaigns  to  be 
undertaken, including an estimate of the costs involved) 

–  Implementation of the training plan 
–  Definition of requirements as regards equipment and logistical tools 
–  Acquisition of equipment and logistical tools 
–  Ensuring the proper function of equipment and logistical tools 

Type of support 

–  Technical assistance 
–  Financial support for training 
–  Financial support for the acquisition of equipment and logistical tools 

II b. 

Communication 

Justification 

Communication is a very important element within the process leading to the implementation of the 
VPA/FLEGT; it will: 

–  encourage involvement and guarantee the coherence of the contributions of the various 

actors; 

–  help to develop synergies between the member countries of the Central Africa Forests 

Commission (COMIFAC); 

–  promote the image of Cameroon timber on the international market; 
–  ensure the support of public opinion for the action taken by the Cameroon Government 
to  promote  sustainable  forestry  resource  management  and  development  of  the 
communities that depend on it; 

–  promote the benefits of a VPA among the actors involved and the public. 

Planned action 

–  Preparation and implementation of a communication plan for raising public awareness 

inside and outside the MINFOF. 

–  Establishment of an exchange platform between COMIFAC countries 
–  Communication work designed to inform international opinion (see Annex VII)  
–  Making the actors aware of the elements of the VPA that will concern then, and helping 

them to adapt to the new elements concerned 

–  Making  European  public  opinion  aware  of  the  efforts  being  made  by  the  Cameroon 

Government to ensure good governance in the forestry sector. 

Type of support needed 

–  Financial funding 
–  Technical assistance and capacity building. 

EN 

127 

   EN 

 
II c. 

Promotion of FLEGT products on the European market 

Justification: 

–  Strengthen confidence thanks to the credibility of the LAS  
–  Promote access to Cameroon timber on the European markets 
–  Seek significant value added for Cameroon timber and timber products. 

Planned action 

–  Feasibility study and, where necessary, establishing a ‘FLEGT Cameroon’ label 
–  Label protection and management 
–  Label promotion 
–  Raising  the  awareness  of  the  individual  European  markets  of  the  legality  assurance 

provided by the FLEGT licence. 

Type of support 

–  Financial support 
–  Technical assistance and capacity building 
–  Promotional campaigns within the European market. 

II d. Monitoring the domestic timber market  

Justification 

–  Control of the internal flow of timber within Cameroon 
–  Possibility  of  enhancing  the  contribution  of  the  domestic  timber  market  (MIB)  to  the 

national economy. 

Planned action 

–  Organisation of the domestic timber market 
–  Improvement of the legal framework relating to the domestic timber market 
–  Establishment of a statistic-gathering system 
–  Establishment of a suitable traceability system. 

Type of support 

–  Technical assistance and capacity building. 

II e. Industrialisation 

Justification 

–  Modernisation of the industrial fabric 
–  Diversification of production (2nd and 3rd level processing) 
–  Development of the national and regional markets and stimulation of local consumer of 

legal timber 

–  Improvement of the processing and by-product recovery processes 
–  Increase in the value added of timber sold for export 
–  Job creation, training of professionals and involvement in the fight against poverty. 

Planned action 

–  Inventory  of  the  timber  sector  in  Cameroon  and  of  the  consumption  of  timber-based 
products on the Cameroon market. In particular, analysis of the timber and construction 
sectors:  status  of  knowledge  and  markets,  status  of  use  of  timber  in  the  home,  in 

EN 

128 

   EN 

 
particular  in  urban  areas,  training  needs,  promotion,  development  of  a  bioclimatic 
timber habitat in Cameroon 

–  Consultation with professionals (information or otherwise) 
–  Analysis of the dynamics and of requirements 
–  Preparation  of  plan  for  the  evaluation,  industrial  development  and  more  advanced 
processing of timber, in accordance with the Forest and Environment Sector Programme 

–  Preparation of processing rules 
–  Preparation  of  incentives  for  the  use  of  timber  (quality  standards,  promotion  of  new 

products), in accordance with the Forest and Environment Sector Programme 

–  Promotion  of  lesser  known  species,  in  accordance  with  the  Forest  and  Environment 

Sector Programme 

–  Improvement of the legal framework  in relation to the industrialisation of the forestry 

sector 

–  Encouragement of technology transfer improvement of efficiency and returns: situation 

analysis, proposals for each sub-sector. 

Type of support 

–  Technical assistance and capacity building. 

II f.  Monitoring the impact of the VPA 

Justification 

–  Assessment of the impact of the VPA on the social environment 
–  Assessment of the economic impact of the VPA 
–  Assessment of the effects of the VPA on the development of the vegetation cover. 

Planned action 

–  Definition and monitoring of social indicators 
–  Establishment of a system for monitoring confiscated timber volumes 
–  Establishment of the system for monitoring socio-economic and environmental impact 
–  Evaluation of the socio-economic impact halfway through implementation of the VPA 
–  Monitoring the growth in forestry sector revenue 
–  Strengthening 

the  mechanism  for  permanent  monitoring  of  vegetation  cover 

(monitoring permanent plots of land, satellite images etc.) 

–  Impact  studies  in  relation  to:  illegal  logging,  market  access,  revenue  growth,  timber 

exports, of confiscated timber quantities 

–  Monitoring developments in relation to fines and court cases. 

Type of support 

–  Technical assistance and capacity building. 

II g.  Helping to monitor implementation of the LAS 

Justification 

–  Ensuring efficient operation of the VPA process within Cameroon 
–  Guaranteeing the involvement of all the stakeholders. 

Planned action 

–  Supporting  the  function  of  the  national  multi-actor  monitoring  committee,  which 

includes all stakeholders 

EN 

129 

   EN 

 
–  Supporting the function of the Joint Monitoring Committee (JMC) of the Agreement 
–  Establishing the information distribution mechanisms. 

Type of support 

–  Technical assistance and capacity building 
–  Financial support to the participation of civil society. 

II h.  Modernising the traceability system 

Justification 

–  Entry of all timber flows 
–  Details of the origin of every product 
–  Real-time availability of all information on production, tax, exports and disputes. 

Planned action 

–  Finalising the description of the traceability system 
–  Extending  the  second  generation  computer  system  administering  forestry  information 

(SIGIF) 

–  Establishing the necessary equipment and the infrastructure 
–  Ensuring the proper functioning of the traceability system  
–  Data gathering and processing. 

Type of support 

–  Technical assistance and capacity building 
–  Financial support for equipment acquisition. 

II i. 

Strengthening the national control system 

Justification 

–  Improving the efficiency of implementation of the national control system. 

Planned action 

–  Developing a system for planning the control actions 
–  Drawing up procedures for the control operations 
–  Development of measures to improve governance. 

Type of support 

–  Technical assistance and capacity building 
–  Renewing the independent observation mechanism. 

II j.  The Legality Assurance System 

Justification 

–  Establishing the Legality Assurance System. 

Planned action 

–  Continued development and field tests of the legality matrices 
–  Development of detailed procedures for the Legality Assurance System (LAS) 
–  Training and raising awareness on the LAS procedures 
–  Recognition and publication of the approved private certification schemes 

EN 

130 

   EN 

 
–  Testing the system for the issue of certificates of legality 
–  Evaluation of the function of the LAS, together with any necessary corrective measures. 

Type of support 

–  Technical assistance and capacity building 
–  Financial support for equipment acquisition. 

II k. 

The system for issuing FLEGT licences 

Justification 

–  Establishing the system for the issue of FLEGT licences. 

Planned action 

–  Development of detailed procedures for the issue of FLEGT licences 
–  Raising  awareness  of  the  procedures  for  issuing  FLEGT  licences  within  the  private 

sector 

–  Establishing contacts with the competent European authorities 
–  Feasibility study on the issue of electronic FLEGT licences 
–  Testing the system for the issue of FLEGT licences 

Type of support 

–  Technical assistance and capacity building 
–  Financial support for equipment acquisition. 

II 1. 

Establishing the independent audit 

Justification 

–  Guaranteeing  the  efficiency  and  credibility  of  the  system  for  issuing  FLEGT  licences 

granted under the VPA. 

Planned action 

–  Regular completion of independent audits 
–  Monitoring corrective action taken in order to improve the system. 

Type of support 

–  Financial support for completion of the audits. 

II m.  Reforms of the legal framework 

Justification 

–  Improving the coherence of the legal framework applicable to the forestry sector. 
–  Completing existing aspects that are inadequately structured or regulated. 

Planned action 

–  Review of forestry law and its implementing texts 
–  Improvement of the legal framework relating to the domestic timber market  
–  Improvement  of  the  legal  framework  relating  to  community,  communal  and  private 

forests 

–  Improvement of the legal framework relating to social and environmental aspects 

EN 

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–  Integration of the relevant provisions of international legal instruments duly ratified by 

Cameroon 

–  Any necessary readjustment of the legality matrix 
–  Improvement of the legal framework  in relation to the industrialisation of the forestry 

sector and advanced processing. 

Type of support 

–  Capacity building. 

II n. 

Seeking additional financing 

Justification 

–  Mobilising  financial  resources  for  realisation  of  priority  actions  specifically  related  to 

the VPA, for which funding is not yet available. 

Planned action 

–  Take action to find donors. 

Type of support 

–  Technical assistance. 

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ANNEX XI 

Joint Monitoring Committee 

In  application  of  Article  19  of  this  Agreement,  the  Parties  shall  establish  a  decision-making 
structure designated the ‘Joint Implementing Council’, referred to hereinafter as ‘the Council’ and a 
joint  committee  responsible  for  undertaking  and  facilitating  monitoring  and  evaluation  of  the 
implementation  of  an  agreement,  designated  the  ‘Joint  Monitoring  Committee’,  abbreviated  to 
‘JMC’. The JMC shall also facilitate dialogue and the exchange of information between the Parties. 
The JMC shall in particular: 

a) 

b) 
c) 

regularly conduct joint missions to review the effectiveness of the implementation of 
the Agreement as well as its impact, based on the information available; 
propose the date on which the FLEGT Licensing Scheme should be fully operational; 
examine  the  reports  of  the  independent  auditor  and  any  complaint  relating  to  the 
function  of  the  FLEGT  licensing  system  within  the  territory  of  one  or  other  of  the 
Parties  and  complaints  by  third  parties  regarding  the  function  of  the  independent 
auditor, and propose action to be taken in order to resolve the questions raised by the 
system independent audit (ISA); 

d)  monitor,  as  necessary,  action  taken  by  the  Parties  in  order  to  resolve  the  problems 

e) 

f) 

identified by the independent auditor; 
ensure  assessment  of  the  social,  economic  and  environmental  impacts  of  this 
Agreement, in accordance with good practice and criteria to be agreed by the Parties, 
and propose appropriate solutions to any problem identified by this assessment; 
ensure that regular assessments of the implementation of the Agreement are carried 
out, including spot checks if applicable; 

i) 

h) 

g)  make recommendations, in order to help to attain the objectives of this Agreement, 
including  capacity  building  and  the  participation  of  the  private  sector  and  civil 
society; 
prepare  an  annual  report,  based  on  the  information  from  the  Parties,  which  it  shall 
submit to the Council; 
ensure monitoring and reporting of the market situation at regular intervals, propose 
any  necessary  studies  and  recommend  action  to  take  on  the  basis  of  the  market 
analysis reports; 
examine  the  amendment  proposals  put  forward  by  one  or  other  of  the  Parties  in 
relation  to  this  Agreement  or  its  Annexes,  following  the  procedures  described  in 
Article  29  of  this  Agreement,  and  issue  an  amendment  recommendation  to  the 
Council for its consideration; 
deal  with  any  other  question  associated  with  implementation  of  the  Agreement, 
following a proposal by one or other of the Parties; 
on  the  instruction  of  the  Council,  seek  an  acceptable  solution,  in  the  event  of  a 
difference  of  opinion  between  the  Parties,  in  relation  to  the  application  and/or 
interpretation of the Agreement, as described in Article 24 thereof.  

k) 

j) 

l) 

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