Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community
Date: 2013-01-24
Institutions: European Commission
Subjects: customs regulations, import (EU), surveillance concerning imports, wood product

EUROPEAN 
COMMISSION 

Brussels, 24.1.2013  
COM(2013) 15 final 

2013/0010 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT 
licensing scheme for imports of timber into the European Community 

(Text with EEA relevance) 

EN 

   EN 

 
 
 
  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The Treaty on the Functioning of the European Union (TFEU) makes a distinction between 
the powers delegated to the Commission to adopt non-legislative acts of general application to 
supplement  or  amend  certain  non-essential  elements  of  the  legislative  act  as  laid  down  in 
Article 290(1) of the TFEU (delegated acts), and the powers conferred upon the Commission 
to  adopt  uniform  conditions  for  implementing  legally  binding  Union  acts  as  laid  down  in 
Article 291(2) of the TFEU (implementing acts). 

In  the  context  of  the  alignment  of  Regulation  (EC)  No  2173/20051  to  the  new  rules  of  the 
TFEU,  powers  currently  conferred  to  the  Commission  by  that  Regulation  have  been  re-
classified into measures of delegated nature and measures of implementing nature.  

Following  this  exercise,  a  draft  proposal  for  amendment  of  Regulation  (EC)  No.2173/2005 
has been prepared.  

Pursuant  to  Article  290  of  the  Treaty,  the  Legislator  gives  the  Commission  the  task  to 
complete or modify certain non-essential elements of that Regulation.  

The  Commission  may  therefore  adopt  delegated  acts  to  review  the  exemption  of  timber 
products of species listed in Annexes A, B and C to Council Regulation (EC) No 338/97 of 9 
December  1996  on  the  protection  of  species  of  wild  fauna  and  flora  by  regulating  trade 
therein2. The Commission is further empowered to adopt detailed requirements for application 
of Article 5. By means of delegated acts the Commission may also amend the list of partner 
countries  and  their  designated  licensing  authorities  as  set  out  in  Annex  I;  the  list  of  timber 
products set out in Annex II to which the FLEGT licensing scheme applies irrespective of the 
partner country as well as the list of timber products set out in Annex III to which the FLEGT 
licensing scheme applies only in relation of the corresponding partner country.  

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND 
IMPACT ASSESSMENTS 

There was no need for consultation of interested parties or for impact assessment.  

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

•  Summary of the proposed action 

Identify the delegated powers of the Commission in Council Regulation (EC) No 2173/2005 
and establish the corresponding procedure for adoption of these acts.  

•  Legal basis 

Article 207(2) of the Treaty on the Functioning of the European Union.  

1 
2 

OJ L 347, 30.12.2005, p. 1. 
OJ L 61, 3.3.1997, p. 1.  

EN 

2 

   EN 

                                                 
•  Subsidiarity principle 

The proposal falls under exclusive competence of the European Union. 

•  Proportionality principle 

The  proposal  is  amending  measures  which  already  exist  in  Council  Regulation  (EC) 
No 2173/2005, therefore no concern on the principle of proportionality arises.  

•  Choice of instrument 

Proposed instrument: Regulation of the European Parliament and of the Council.  

Other means would not be adequate for the following reason: a Regulation must be amended 
by a Regulation.  

4. 

BUDGETARY IMPLICATION  

This measure does not involve any additional Union expenditure.  

EN 

3 

   EN 

2013/0010 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT 
licensing scheme for imports of timber into the European Community 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Article 207(2) thereof, 

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

(3) 

Regulation  (EC)  No  2173/20053  confers  powers  upon  the  Commission  in  order  to 
implement some of the provisions of that Regulation. 

As  a  consequence  of  the  entry  into  force  of  the  Treaty  on  the  Functioning  of  the 
European  Union  (TFEU),  the  powers  conferred  upon  the  Commission  under 
Regulation  (EC)  No  2173/2005  need  to  be  aligned  to  Article  290  and  Article  291 
TFEU. 

In order to apply some of the provisions of Regulation (EC) No 2173/2005, the power 
to adopt acts in accordance with Article 290 TFEU (Treaty on the Functioning of the 
European Union) should be delegated to the Commission in respect of the revision of 
the exemption of timber products of species listed in Annexes A, B and C to Council 
Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild 
fauna  and  flora4;  the  adoption  of  detailed  rules  for  application  of  Article  5  of 
Regulation (EC) No 2173/2005, and the amendments to Annexes I, II and III to that 
Regulation.  It  is  of  particular  importance  that  the  Commission  carry  out  appropriate 
consultations during its preparatory work, including at expert level. The Commission, 
when preparing and drawing up delegated acts, should ensure a simultaneous, timely 

3 
4 

OJ L 347, 30.12.2005, p. 1. 
OJ L 61, 3.3.1997, p. 1. 

EN 

4 

   EN 

                                                 
and appropriate transmission of relevant documents to the European Parliament and to 
the Council. 

(4) 

In  order  to  ensure  uniform  conditions  for  implementation  of  this  Regulation, 
implementing powers should be conferred on the Commission to assess and approve 
existing  schemes  that  guarantee  the  legality  and  reliable  tracking  of  timber  products 
exported  from  partner  countries  with  a  view  to  becoming  the  basis  of  a  FLEGT 
licence. Those powers should be exercised in accordance with Article 5 of Regulation 
(EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 
laying  down  the  rules  and  general  principles  concerning  mechanisms  for  control  by 
Member States of the Commission’s exercise of implementing powers5. 

(5) 

Regulation (EC) No 2173/2005 should therefore be amended accordingly, 

HAVE ADOPTED THIS REGULATION: 

Article 1 

Regulation (EC) No 2173/2005 is amended as follows: 

(1) 

In Article 4, paragraphs 2 and 3 are replaced by the following: 

"2.  In  order  to  provide  the  necessary  assurance  as  to  the  legality  of  the  timber 
products concerned, the Commission shall assess existing schemes that guarantee the 
legality and reliable tracking of timber products exported from partner countries, and 
adopt implementing acts to approve them. Those implementing acts shall be adopted 
in accordance with the examination procedure referred to in Article 11(3). 

The schemes approved by the Commission may form the basis of a FLEGT licence. 

3. Timber products of  species listed in Annexes A,  B  and C to Council Regulation 
(EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and 
flora by regulating trade6 therein shall be exempt from the requirement laid down in 
paragraph 1 of this Article.  

The  Commission  shall  be  empowered  to  adopt  delegated  acts  in  accordance  with 
Article 11a to review that exemption." 

(2) 

In Article 5, paragraph 9 is replaced by the following: 

"9. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 11a to adopt detailed requirements for application of this Article." 

(3) 

Article 10 is replaced by the following: 

5 
6 

OJ L 55, 28.2.2011, p. 13. 
OJ L 61, 3.3.1997, p. 1. 

EN 

5 

   EN 

                                                 
"Article 10 

1. The Commission shall be empowered to adopt delegated acts in accordance with 
Article  11a  to  amend  the  list  of  partner  countries  and  their  designated  licensing 
authorities as set out in Annex I. 

2. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 11a to amend the list of timber products as set out in Annex II to which the 
FLEGT  licensing  scheme  applies.  Those  amendments  shall  be  adopted  by  the 
Commission  taking  into  account  the  implementation  of  the  FLEGT  Partnership 
Agreements.  Such  amendments  shall  comprise  commodity  codes,  at  four-digit 
heading level or six-digit subheading level of the current version of Annex I to the 
Harmonised Commodity Description and Coding System. 

3. The Commission shall be empowered to adopt delegated acts in accordance with 
Article 11a to amend the list of timber products as set out in Annex III to which the 
FLEGT  licensing  scheme  applies..  Those  amendments  shall  be  adopted  by  the 
Commission  taking  into  account  the  implementation  of  the  FLEGT  Partnership 
Agreements.  Such  amendments  shall  comprise  commodity  codes,  at  four-digit 
heading level or six-digit subheading level of the current version of Annex I to the 
Harmonised  Commodity  Description  and  Coding  System  and  shall  only  apply  in 
relation to the corresponding partner countries as set out in Annex III." 

(4) 

Article 11 is amended as follows: 

(a)  Paragraph 1 is replaced by the following: 

“1.  The  Commission  shall  be  assisted  by  the  Forest  Law  Enforcement  Governance 
and  Trade  (FLEGT)  Committee.  That  committee  shall  be  a  committee  within  the 
meaning of Regulation (EU) No 182/2011.” 

(b)  paragraph 2 is deleted. 

(c)  paragraph 3 is replaced by the following: 

“3.  Where  reference  is  made  to  this  paragraph,  Article  5  of  Regulation  (EU) 
No 182/2011 shall apply." 

(d)  paragraph 4 is deleted. 

(5) 

The following Article 11a is inserted: 

Exercise of the delegation 

"Article 11a 

1. The power to adopt delegated acts is conferred on the Commission subject to the 
conditions laid down in this Article.  

2. The delegation of powers referred to in Articles 4(3) and 5(9) and in paragraphs 1, 
2 and 3 of Article 10 shall be conferred for an indeterminate period of time from the 
date of the entry into force of this Regulation. 

EN 

6 

   EN 

3. The delegation of powers referred to in Articles 4(3) and 5(9) and in paragraphs 1, 
2 and 3 of Article 10may be revoked at any time by the European Parliament or by 
the Council. A decision of revocation shall put an end to the delegation of the power 
specified in that decision. It shall take effect the day following the publication of the 
decision  in  the  Official  Journal  of  the  European  Union  or  at  a  later  date  specified 
therein. It shall not affect the validity of any delegated acts already in force. 

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously 
to the European Parliament and to the Council. 

5. A delegated act adopted pursuant to Articles 4(3) and 5(9) and paragraphs 1, 2 and 
3 of Article 10 shall enter into force only if no objection has been expressed either by 
the European Parliament or the Council within a period of 2 months of notification of 
that act to the European Parliament and the Council or if, before the expiry of that 
period,  the  European  Parliament  and  the  Council  have  both  informed  the 
Commission that they will not object. That period shall be extended by 2 months at 
the initiative of the European Parliament or of the Council." 

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

Article 2 

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

Done at Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

7 

   EN