Proposal for a COUNCIL DECISION on the termination of 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 Union
Date: 2024-10-02
Institutions: Directorate-General for International Partnerships, European Commission
Subjects: Cameroon, cooperation agreement (EU), forestry legislation, illegal logging, revision of an agreement, surveillance concerning imports, sustainable forest management, withdrawal from an agreement, wood product

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   EUROPEAN COMMISSION  Brussels, 2.10.2024  COM(2024) 446 final 2024/0245 (NLE)  Proposal for a COUNCIL DECISION on the termination of 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 Union  
 
EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

• 
The EU action plan on forest law enforcement, governance and trade (FLEGT)1 was adopted 
in  2003.  It  aims  to  support  global  efforts  in  tackling  the  problem  of  illegal  logging  and  its 
associated  trade.  A  key  aspect  of  the  FLEGT  action  plan  was  the  conclusion  of  voluntary 
partnership  agreements  (VPAs)  between  the  European  Union  (EU)  and  timber-producing 
countries in order to establish a legal framework ensuring that all timber exported to the EU 
was legally produced or acquired. At the heart of the VPA lies the FLEGT licensing scheme, 
which includes a system to verify, assure and certify the legality of the timber. 

The VPA between the EU and the Republic of Cameroon entered into force on 1 December 
2011.  The  Parties  committed  to  take  all  necessary  measures  to  implement  the  FLEGT 
licensing  scheme,  agreeing  to  an implementation  schedule that  forms  an  integral  part of the 
VPA (Annex IX). In line with this schedule, the licensing scheme was expected to have been 
in  place  within  5  years  of  the  reform  of  the  legal  framework,  the  improvement  of  national 
control  systems  and  the  establishment  of  the  legality  verification  and  traceability  systems, 
which were all expected to have been completed within 3-4 years. The Republic of Cameroon 
set  out  such  an  ambitious  timeframe  to  signal  their  political  resolve,  consolidate  the 
momentum across all relevant actors and mobilise the necessary resources to implement the 
VPA. 

It  has  been  13  years  since  the  entry  into  force  of  the  VPA;  however,  the  FLEGT  licencing 
scheme has yet to start2, which means that the VPA is not operational. Cameroon’s political 
resolve has waned, affecting the implementation of the VPA and the Republic of Cameroon’s 
commitment to fulfilling its objectives, notably the issuance of FLEGT licences. The reform 
of the legal  framework  has  not  been completed, and logging is  still conducted  partly on the 
basis  of  small  logging  titles  (ventes  de  coupe)  that  do  not  require  management  plans.  The 
national  control  systems  are  not  operational3,  so enforcement  and  governance  remain  weak, 
making  it  possible  for  illegal  and  unsustainable  logging  operations  to  continue.  The 
development of the legality verification module in the traceability system is still pending, and 
the little progress made so far has not been independently audited to help build certainty about 
its credibility.  

Forest  exploitation  and  logging  remain  an  important  economic  sector  for  the  Republic  of 
Cameroon,  and  it  is  not  easy  to  ensure  that  practices  are  legal  and  sustainable.  There  have 
been numerous investigations4, reporting on the dire state the forest sector is in, implicating 
private  companies,  both  foreign  and  national,  and  public  stakeholders,  in  the  multi-million-

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COM(2003) 251. 
2024 Joint Review of the VPA. 
2024 Joint Review of the VPA. 
CIFOR  ICRAF  VPA  synthesis  report  and  Tainted  Timber,  Tarnished  Temples  –  EIA  Global  (eia-
global.org) 

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dollar  illegal  timber  trade.  In  the  meantime,  900  000  hectares  of  forest  cover  were  lost 
between 2011 and 2022, representing 5% of the country’s forest cover over this period. 

The Republic of Cameroon has not been able to fully meet its VPA obligations over the last 
10  years  and  the  governance  of  the  forest  sector  has  worsened  despite  the  existence  of  the 
VPA.  

The Republic of Cameroon’s timber exports have also shifted to Asian markets, diluting the 
economic incentive of the VPA, and consequently the relevance of FLEGT licence. 

In the meantime, 20 years after the adoption of the FLEGT action plan the EU has stepped up 
its  action  to  protect  and  restore  the  worlds’  forests5,  adopting  the  EU  Deforestation 
Regulation6  to  minimise  the  EU’s  contribution  to  illegal  logging,  deforestation,  and  forest 
degradation, as well as greenhouse gas emissions and biodiversity loss. In this new EU policy 
context, the complementary role of the VPAs in  relation  to  illegal  logging is  acknowledged 
and timber covered by a FLEGT licence is deemed to comply with the legality requirements 
in Recital 81 and Article 10(3) of Regulation (EU)  2023/1115. At the same time, building on 
the  fitness  check  of  the  EU  FLEGT  Regulation7  as  informed  by  the  implementation  of  the 
VPAs, including the VPA with the Republic of Cameroon, recital 81 of the EU Deforestation 
Regulation recognises ongoing bilateral commitments and invites the EU to ‘…work, where 
relevant  and  agreed,  with  current  VPA  partners  towards  them  reaching  that  (FLEGT 
licensing)  stage…’.  The  EU  Deforestation  Regulation  brings  sharply  back  into  focus  the 
objective of the VPAs, i.e. the FLEGT licensing scheme, by making it clear that working with 
the VPA partners may continue if relevant8, in other words if the VPA is on track to achieve 
its objectives and if these objectives continue to reflect current and future needs and priorities. 

The state of implementation of the Cameroon  VPA over the last  10  years indicates  that the 
VPA objectives and especially  FLEGT licensing do not  reflect  the Republic of  Cameroon’s 
policy  approach  to  the  sector.  The  continuation  of  the  VPA  despite  these  challenges  could 
affect  the  credibility  of  the  EU  as  a  global  champion  of  forest  protection  and  biodiversity 
matters and the integrity of the VPAs as EU trade instruments.  

Given  the  above,  terminating  the  VPA  with  the  Republic  of  Cameroon  appears  the  most 
appropriate course of action.  According to Article 27 of the VPA, it is tacitly renewed every 
7 years, unless one Party terminates it by notifying the other Party of its decision at least 12 
months  before  the  expiry  of  the  current  seven-year  period.  The  current  seven-year  period 
expires  on  30  November  2025.  Notwithstanding  Article  27,  each  Party  may  terminate  the 
VPA  by  notifying  the  other  Party,  in  accordance  with  Article  28  of  the  VPA.  The  VPA  is 
terminated 12 months following that notification. 

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COM(2019)352 final. 
Regulation  (EU)  2023/1115  of  the  European  Parliament  and  of  the  Council  of  31  May  2023  on  the 
making  available  on  the  Union  market  and  the  export  from  the  Union  of  certain  commodities  and 
products associated with deforestation and forest degradation, OJ L150, 9.6.2023, p. 206. 
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 Community, OJ L 347, 30.12.2005, p. 1. 
Recital 81 of Regulation (EU) No 2023/1115. 

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• 

Consistency with existing policy provisions in the policy area 

The  proposal  is  consistent  with  Regulation  (EU)  No  2023/1115  that  recognises  ongoing 
bilateral commitments and invites the EU (Recital 81) to ‘…work, where relevant and agreed, 
with  current  VPA  partners  towards  them  reaching  that  (FLEGT  licensing)  stage…’.  Given 
there is little real prospect of a FLEGT licensing system’s being put in place, the VPA does 
not  fulfil  the  ‘relevance’  requirement  in  recital  81  of  Regulation  (EU)  No  2023/1115. 
Terminating the VPA therefore appears to be the most appropriate course of action to better 
contribute  to  implementing  the  EU  Deforestation  Regulation  and  to  preserve  the  credibility 
and integrity of the VPA as an EU trade instrument.  

• 

n/a  

2. 

• 

Consistency with other Union policies 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The EU’s decision to terminate an international agreement must be adopted on the same legal 
basis  –  and  following  the  same  procedure  –  as  the  decision  to  conclude  that  agreement  on 
behalf of the EU. The VPA was concluded on the basis of Article 207(3) and  207(4) of the 
Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  read  together  with  Article 
218(6)(a)(v)  and  Article  218(7)  TFEU.  The  appropriate  legal  basis  for  this  proposal  is 
therefore Article 207(4), first subparagraph, read together with Article 218(6)(a)(v). 

• 

Subsidiarity (for non-exclusive competence)  

The  VPA  is  an  international  trade  agreement  thus  falling  under  the  EU’s  exclusive 
competence and,  in  particular, within the scope of Article 207 TFEU. The  EU’s decision to 
terminate  the  VPA  must  be  adopted  on  the  same  legal  basis.  It  therefore  follows  that  this 
proposal does not cover any matters falling outside the EU’s exclusive competence. 

• 

Proportionality 

Given  there  is  little  real  prospect  of  a  FLEGT  licensing  scheme’s  being  put  in  place, 
terminating  the  VPA  is  the  most  appropriate  course  of  action.  This  proposal  does  not  go 
beyond what is necessary to achieve the objective pursued, which is to better contribute to the 
implementation of the EU Deforestation Regulation and to restore the credibility and integrity 
of the VPA as an EU trade instrument. 

• 

Choice of the instrument 

The EU’s decision to terminate an international agreement must be adopted on the same legal 
basis and by means of the same legal instrument as the decision to conclude that agreement on 
behalf  of  the  EU.  The  VPA  was  concluded  by  Council  Decision  with  the  consent  of  the 
European  Parliament.  The  appropriate  instrument  for  this  proposal  is  therefore  a  Council 
Decision by the Council. 

3. 

• 

n/a 

EN 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

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Stakeholder consultations 

Collection and use of expertise 

Impact assessment 

Regulatory fitness and simplification 

Fundamental rights 

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n/a 

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n/a 

• 

n/a 

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n/a 

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n/a 

4. 

BUDGETARY IMPLICATIONS 

The termination of the VPA with the Republic of Cameroon has no budgetary implications. 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Explanatory documents (for directives) 

Detailed explanation of the specific provisions of the proposal 

5. 

• 

n/a 

• 

n/a 

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n/a 

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2024/0245 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the termination of 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 Union 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular the 
first subparagraph of Article 207(4) read together with Article 218(6)(a)(v) thereof,  

Having regard to the proposal from the European Commission, 

Having regard to the opinion of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

On 21 May 2003, the Commission adopted a  Communication to the Council and the 
European  Parliament  entitled  ‘Forest  Law  Enforcement,  Governance  and  Trade 
(FLEGT): Proposal for an EU Action Plan’ aimed at contributing to the global efforts 
to tackle illegal logging and its associated trade9. The Council adopted its conclusions 
on the FLEGT action plan on 13 October 200310 and the European Parliament adopted 
its resolution on the subject on 11 July 200511. 

A  central  element  of  the  action  plan  was  the  conclusion  of  voluntary  partnership 
agreements (VPAs) with timber-producing countries to ensure that timber and timber 
products exported to the European Union were legally produced and acquired.  
In accordance with Council Decision 2011/200/EU12, the VPA 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) was signed on 
27 September 2010. 
In  accordance  with  Council  Decision  2011/201/EU13,  the  VPA  was  concluded  on 
behalf  of  the  European  Union  and  following  its  conclusion  by  the  Republic  of 
Cameroon it entered into force on 1 December 2011. 

Under  Article  27  of  the  VPA,  it  shall  remain  in  force  for  7  years  and  shall  be 
renewable  by  tacit  agreement  between  the  Parties  for  periods  of  the  same  length, 
unless  one  Party  terminates  it  by  notifying  the  other  Party  of  its  decision  at  least  12 
months  before  the  period  in  question  expires.  The  VPA  was  tacitly  renewed  on  1 
December 2018 and the current period expires on 30 November 2025. 

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COM/2003/0251 final. 
OJ C 268, 7.11.2003, p. 1. 
OJ C 157 E, 6.7.2006, p. 482. 
OJ L 92/1, 6.4.2011. 
OJ L92/3, 6.4.2011. 

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(6) 

(7) 

(8) 

(9) 

Despite  the  EU’s  attempt,  the  Republic  of  Cameroon  has  not  been  able  to  fulfil  its 
obligations  under  the  VPA,  namely  in  relation  to  the  establishment  of  the  FLEGT 
licensing scheme aimed at verifying and attesting by means of a FLEGT license that 
timber and derived products exported to the European Union are legally produced or 
acquired. Given the Republic of Cameroon has not fulfilled the obligations under the 
VPA, the Commission believes the VPA no longer fulfils the ‘relevance’ requirement 
in recital 81 of the EU Deforestation Regulation. 

It  is  therefore  appropriate  to  terminate  the  VPA  with  the  Republic  of  Cameroon.  To 
this  effect,  in  accordance  with  Article  27  of  the  VPA,  the  European  Union  should 
notify the Republic of Cameroon of its decision to terminate the VPA at the latest by 
30 November 2024, so it is not tacitly renewed.  

The termination of the VPA should be approved on behalf of the European Union. 

In accordance with the Treaties, it is for the Commission to proceed, on behalf of the 
European  Union,  to  notify,  as  Article  27  of  the  VPA  says  it  must,  the  European 
Union’s decision to terminate the Agreement.  

HAS ADOPTED THIS DECISION: 

Article 1 

The termination of the VPA 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  that  entered  into  force  on  1  December  2011  is  hereby  approved  on  behalf  of  the 
European Union.  

Article 2 

This Decision shall enter into force on the day after its publication in the Official Journal of 
the European Union. 

Done at Brussels, 

For the Council 
The President 

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