Proposal for a COUNCIL DECISION on the termination of the Voluntary Partnership Agreement between the European Union and the Republic of Liberia on Forest Law Enforcement Governance and Trade in timber products to the European Union
Date: 2025-09-09
Institutions: Directorate-General for International Partnerships, European Commission
Subjects: Liberia, 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, 9.9.2025  COM(2025) 467 final 2025/0259 (NLE)  Proposal for a COUNCIL DECISION on the termination of the Voluntary Partnership Agreement between the European Union and the Republic of Liberia on Forest Law Enforcement Governance and Trade in timber products to the European 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 Liberia was signed on the 27th of July 2011 and 
entered  into  force  on  1  December  2013.  The  Parties  agreed  to  the  establishment  and 
operationalisation  of  a  forest  law  enforcement,  governance  and  trade  Licensing  Scheme 
(FLEGT licensing scheme) and to an implementation schedule that forms an integral part of 
the  VPA  (Annex  VII).  This  schedule  foresaw  a  three-year  preparatory  phase  before  the 
commencement of the operational phase. Therefore, FLEGT licensing for exports to the EU 
and  other  markets  was  expected  to  be  operational  by  2014  after  the  establishment  of  the 
Legality Assurance System, while the domestic market and informal sector were expected to 
be integrated into the Legality Assurance System by 2015. 

Since  its  entry  into  force,  the  Joint  Implementation  Committee  (JIC)  has  monitored  the 
implementation progress of the agreement. Several Aide Memoires signed by the Parties at the 
end  of  each  JIC  meeting  included  revisions  of  the  target  date  for  operational  FLEGT 
licensing. The Aide Memoire for the second JIC meeting (10-12 June 2015) included updates 
to  Annex  VII  of  the  VPA  and  foresaw  the  start  of  the  FLEGT  licensing  scheme  for  2017. 
During  the  fourth  JIC  meeting,  Parties  acknowledged  that  progress  had  been  made  but 
admitted work in  many areas was not  on track. During  the fifth  JIC meeting, they similarly 
noted that the pace of VPA implementation was slower than expected and mentioned 2020 as 
target date for operational FLEGT licensing. During the most recent eleventh JIC meeting the 
EU  reminded  that  there  is  still  much  more  to  do  to  meet  the  objectives  set  so  far.  Parties 
agreed to a technical level review of the VPA implementation schedule to assess whether and 
how December 2026 could be included as a target date for FLEGT licensing. Considering the 
pace of progress of VPA implementation over the last 10 years, operational FLEGT licensing 
by the end of 2026 is however not realistic. 

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’  forests(2),  adopting  the  EU  Deforestation 
Regulation(3)  to  minimise  the  EU’s  contribution  to  illegal  logging,  deforestation,  and  forest 
degradation,  as  well  as  greenhouse  gas  emissions  and  biodiversity  loss.  Although  the  EU 
Deforestation  Regulation,  under  its  Article  10(3)  acknowledged  that  timber  covered  by  a 
FLEGT  licence  is  deemed  to  comply  with  the  legality  requirements,  Recital  81  of  the  EU 
Deforestation Regulation invites the EU to ‘…work, where relevant and agreed, with current 
VPA partners towards them reaching that (FLEGT licensing) stage…’. The EU Deforestation 
Regulation sharply brings back into focus the objective of the VPAs, i.e. the FLEGT licensing 

(1) 
(2) 
(3) 

COM(2003) 251. 
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. 

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scheme, by making it clear that working with the VPA partners may continue if relevant(4), 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. 

It has been more than a decade since the entry into force of the VPA and in spite of multiple 
proposed  extensions  of  the  timeframes  for  implementation,  the  state  and  progress  of 
implementation  of  the  Liberia  VPA  indicate  that  achieving  the  core  objective  of  the  VPA, 
namely the establishment of an operational FLEGT licensing scheme, is still out of reach. 

Specifically,  the  VPA  does  not  help  reach  the  objectives  and  vision  of  Liberia  in  the  forest 
sector and is not fit-for-purpose to support new EU strategies, instruments or policies such as 
Global Gateway and the EU Deforestation Regulation. 

Given  the  above,  terminating  the  VPA  with  the  Republic  of  Liberia  appears  the  most 
appropriate  course  of  action.  However,  in  recognition  of  areas  where  VPA  implementation 
did  progress  (e.g.  stakeholder  participation  and  some  legal  reforms)  and  enable  relevant 
results,  the  EU  agrees  to  continue  and  deepen  discussions  with  the  Republic  of  Liberia  on 
cooperation  approaches  and  possible  partnerships  that  better  match  the  current  context  and 
challenges  and  that  will  better  contribute  to  achieving  the  zero-deforestation  objectives  as 
reflected  in  the  EU  Deforestation  Regulation.  The  presentation  and  discussions  on  Forest 
Partnerships  during  the  Joint  Implementation  Committee  in  June  and  December  2024  could 
serve as a starting point in this regard. 

According to  Article 29 of the VPA, either Party may terminate the agreement  by notifying 
the other party in writing. The agreement shall then cease to apply 12 months after the date of 
such notification. 

• 

Consistency with existing policy provisions in the policy area 

Not Applicable 

• 

Consistency with other Union policies 

Not Applicable 

2. 

• 

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. 

(4) 

Recital 81 of Regulation (EU) 2023/1115. 

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• 

Proportionality 

Given there is little real prospect of the FLEGT licensing scheme being operational within a 
reasonable  timeframe,  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  preserve 
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. 

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

Not Applicable 

• 

Stakeholder consultations 

Not Applicable 

• 

Collection and use of expertise 

Not Applicable 

• 

Impact assessment 

Not Applicable 

• 

Regulatory fitness and simplification 

Not Applicable 

• 

Fundamental rights 

Not Applicable 

4. 

BUDGETARY IMPLICATIONS 

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

5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

Not Applicable 

• 

Detailed explanation of the specific provisions of the proposal 

Not Applicable 

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2025/0259 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the termination of the Voluntary Partnership Agreement between the European 
Union and the Republic of Liberia on Forest Law Enforcement Governance and Trade 
in timber products to the European Union 

THE COUNCIL OF THE EUROPEAN UNION, 

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

first  subparagraph, 

Having regard to the proposal from the European Commission, 

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

(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 trade(1). The Council adopted its conclusions 
on the FLEGT action plan on 13 October 2003(2) and the European Parliament adopted 
its resolution on the subject on 11 July 2005(3). 

A  central  element  of  the  action  plan  was  the  conclusion  of  Voluntary  Partnership 
Agreements  (the  ‘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 2011/475/EU(4), the VPA between the European 
Union and the Republic of Liberia on Forest Law Enforcement, Governance and Trade 
in timber products to the European Union was signed on 27 July 2011. 
In  accordance  with  Council  Decision  2012/373/EU(5),  the  VPA  was  concluded  on 
behalf of the European Union and following its conclusion by the Republic of Liberia 
it entered into force on 1 December 2013. 

Pursuant  to  Article  28  of  the  VPA,  it  has  an  indefinite  duration.  Article  29 
subsequently provides that notwithstanding Article 28, either Party may terminate the 
Agreement by notifying the other Party in writing. The Agreement shall cease to apply 
12 months after the date of notification. 

Despite  multiple  proposed  extensions  of  implementation  timeframes,  the  core 
objective  of  the  Agreement,  namely  the  establishment  and  operationalisation  of  a 
FLEGT  licensing  scheme  aimed  at  verifying  and  attesting  by  means  of  a  FLEGT 

COM/2003/0251. 
OJ C 268, 7.11.2003, p. 1. 
OJ C 157 E, 6.7.2006, p. 482. 
OJ L 196, 28.7.2011, p. 2–2. 
OJ L 191, 19.7.2012, p. 1–1. 

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license  that  timber  and  derived  products  exported  to  the  European  Union  are  legally 
produced  or  acquired,  has  not  been  reached.  Given  the  state  and  progress  of 
implementation  of  the  VPA  since  its  entry  into  force  on  1  December  2013,  there  is 
little  real  prospect  of  the  FLEGT  licensing  scheme  being  fully  established  and 
operational  within  a  reasonable  timeframe.  Therefore,  the  Commission  believes  that 
the VPA will not enable timber and timber products from Liberia to benefit from the 
provisions  of  Article  3  of  Regulation  (EU)  No  995/2010  (6)  and,  as  of  30  December 
2025,  of  Article  10(3)  in  conjunction  with  Article  3,  point  (b)  of  Regulation  (EU) 
2023/1115(7). 

It is therefore appropriate to terminate the VPA with the Republic of Liberia. To this 
effect,  in  accordance with Article 29 of the  VPA, the European Union should  notify 
the Republic of Liberia of its decision to terminate the VPA in writing. 

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  29  of  the  VPA  says  it  must,  the  European 
Union’s decision to terminate the Agreement. 

(7) 

(8) 

(9) 

HAS ADOPTED THIS DECISION: 

Article 1 

The termination of the Voluntary Partnership Agreement (the ‘VPA’) between the European 
Union and the Republic of Liberia on forest law enforcement, governance and trade in timber 
and derived products  to  the European Union that entered into force on 1  December 2013 is 
hereby approved on behalf of the European Union. 

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

Article 2 

Done at Brussels, 

For the Council 
The President 
[...] 

(6) 

(7) 

Regulation  (EU)  No  995/2010  of  the  European  Parliament  and  of  the  Council  of  20  October  2010 
laying down the obligations of operators who place timber and timber products on the market. 
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  and  repealing  Regulation  (EU)  No 
995/2010 (OJ L 150, 9.6.2023, p. 206–247). 

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