Voluntary partnership agreements on forest law enforcement, governance and trade

WHAT IS THE AIM OF THE AGREEMENTS AND THE DECISIONS?

• The agreements aim to ensure that timber and timber products imported from the countries with whom the European Union (EU) has a Voluntary Partnership Agreement (VPA) are legally produced.
• The decisions mark the signing and the conclusion of the agreements on behalf of the EU.

KEY POINTS

Timber legality assurance systems

• Countries entering into a VPA with the EU are required to set up and implement a timber legality assurance system (TLAS).
• A TLAS verifies that timber and timber products have been legally produced.
• Only verified shipments are exported to the EU, covered by a forest law enforcement, governance and trade (FLEGT) licence.
• The system must include compliance checks and procedures to ensure that timber of illegal or unknown origin does not enter the supply chain.
• An independent evaluation will assess the implementation, effectiveness and credibility of the TLAS and the FLEGT licensing scheme.
• The product scope of the FLEGT licensing scheme covers a core list of mandatory products, as listed under Annex II to the FLEGT regulation, as well as additional country-specific products to be listed in Annex III (in line with the product scope agreed in the relevant VPA).

Forest law enforcement, governance and trade

• The agreements envisage setting up FLEGT licensing schemes, once both parties to the agreement conclude on the basis of a joint assessment of operational readiness whether the TLAS underpinning the licensing scheme adequately fulfils its functions.
• They also set out the procedures and requirements to check and, in the case of exports to the EU, attest, by means of FLEGT licences, that timber products shipped to the EU have been legally produced. FLEGT licences were set up by Regulation (EC) No 2173/2005 (see summary).
• Once the FLEGT licensing scheme has entered into force for timber and timber products covered by the agreement, the EU will only accept timber shipments from the country concerned that are covered by valid FLEGT licences. Timber with a valid FLEGT licence will be considered legally harvested within the meaning of the EU timber regulation , Regulation (EU) No 995/2010, (see summary). Operators importing FLEGT licensed timber will thus not have to carry out due diligence under that regulation.

• The exporting country must appoint a licensing authority (LA).
• The LA verifies that timber products have been legally produced and issues FLEGT licences for shipments of such products to the EU.
• It will not issue FLEGT licences for:
  • any shipment of timber products that has not been legally produced under its country’s laws as specified in the agreement; or
  • in the case of imported timber, timber products that have not been harvested, produced or exported in accordance with the law of the country of harvest and the country of production.

  Receiving and verifying FLEGT licences

  • The FLEGT competent authority of the EU Member State concerned must check that each shipment is covered by a valid FLEGT licence before releasing it for free circulation in the EU.
  • This release can be suspended and the shipment held if there are doubts regarding the validity of the licence.

  Each party must inform the other if they suspect or have evidence of irregularities in the licensing scheme or any attempt to circumvent it, including:

  • trade being redirected from the exporting country concerned to the EU via a non-EU country with the intention of avoiding licensing;
  • FLEGT licences covering timber products which contain timber from non-EU countries that is suspected of being illegally produced;
  • fraud in obtaining or using FLEGT licences.

  DATE OF ENTRY INTO FORCE

  Date of entry into force of agreement

  Date of ratification of agreement

  Date of signature of agreement

  Start of FLEGT licensing

  1 September 2022

  23 February 2021

  19 October 2018

  30 September 2013

  15 November 2016

  1 December 2013

  1 December 2011

  2 March 2011 – EU
  9 August 2011 – Cameroon

  Central African Republic

  28 November 2011

  1 December 2009

  19 November 2009

  Democratic Republic of the Congo

  Still under negotiation

  Still under negotiation

  Still under negotiation

  Still under negotiation

  BACKGROUND

  For more information, see:

  • FLEGT regulation — FLEGT Voluntary Partnership Agreements (European Commission).

  MAIN DOCUMENTS

  Voluntary Partnership Agreement between the European Union and the Republic of Honduras on forest law enforcement, governance and trade in timber products to the European Union (OJ L 217, 18.6.2021, pp. 3–136).

  Council Decision (EU) 2020/2185 of 18 December 2020 on the signing, on behalf of the Union, of the Voluntary Partnership Agreement between the European Union and the Republic of Honduras on forest law enforcement, governance and trade in timber products to the European Union (OJ L 435, 23.12.2020, pp. 63–64).

  Council Decision (EU) 2021/964 of 26 May 2021 on the conclusion of the Voluntary Partnership Agreement between the European Union and the Republic of Honduras on forest law enforcement, governance and trade in timber products to the European Union (OJ L 217, 18.6.2021, pp. 1–2).

  Council Decision (EU) 2018/1528 of 11 October 2018 on the signing, on behalf of the Union, of the Voluntary Partnership Agreement between the European Union and the Socialist Republic of Viet Nam on forest law enforcement, governance and trade (OJ L 257, 15.10.2018, pp. 1–2).

  Council Decision (EU) 2019/854 of 15 April 2019 on the conclusion of the Voluntary Partnership Agreement between the European Union and the Socialist Republic of Viet Nam on forest law enforcement, governance and trade (OJ L 147, 5.6.2019, pp. 1–2).

  Voluntary Partnership Agreement between the European Union and the Republic of Indonesia on forest law enforcement, governance and trade in timber products into the European Union (OJ L 150, 20.5.2014, pp. 252–330).

  Amendments to the agreement have been incorporated into the original text. This consolidated version is of documentary value only.

  Council Decision 2013/486/EU of 23 September 2013 on the signing, on behalf of the European Union, of the Voluntary Partnership Agreement between the European Union and the Republic of Indonesia on forest law enforcement, governance and trade in timber products to the European Union (OJ L 265, 8.10.2013, pp. 1–2).

  Council Decision 2014/284/EU of 14 April 2014 on the conclusion of the Voluntary Partnership Agreement between the European Union and the Republic of Indonesia on forest law enforcement, governance and trade in timber products to the European Union (OJ L 150, 20.5.2014, pp. 250–251).

  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 (OJ L 191, 19.7.2012, pp. 3–90).

  Council Decision 2011/475/EU of 22 July 2011 on the signing, on behalf of the Union, 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 (OJ L 196, 28.7.2011, p. 2).

  Council Decision 2012/373/EU of 14 May 2012 on the conclusion 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 (OJ L 191, 19.7.2012, p. 1).

  Voluntary Partnership Agreement between the European Union and the Central African Republic on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (OJ L 191, 19.7.2012, pp. 103–256).

  Council Decision 2011/790/EU of 14 November 2011 on the signing of a Voluntary Partnership Agreement between the European Union and the Central African Republic on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (OJ L 320, 3.12.2011, p. 2).

  Council Decision 2012/374/EU of 14 May 2012 on the conclusion of a Voluntary Partnership Agreement between the European Union and the Central African Republic on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (OJ L 191, 19.7.2012, p. 102).

  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) (OJ L 92, 6.4.2011, pp. 4–125).

  Council Decision 2011/200/EU of 27 September 2010 on the signing 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) (OJ L 92, 6.4.2011, pp. 1–2).

  Council Decision 2011/201/EU of 28 February 2011 on the 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) (OJ L 92, 6.4.2011, p. 3).

  Voluntary Partnership Agreement between the European Union and the Republic of the Congo on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (OJ L 92, 6.4.2011, pp. 127–238).

  Council Decision 2010/615/EU of 17 May 2010 on the signing of a Voluntary Partnership Agreement between the European Union and the Republic of the Congo on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (OJ L 271, 15.10.2010, pp. 1–2).

  Council Decision 2011/202/EU of 28 February 2011 on the conclusion of a Voluntary Partnership Agreement between the European Union and the Republic of the Congo on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (OJ L 92, 6.4.2011, p. 126).

  Voluntary Partnership Agreement between the European Community and the Republic of Ghana on forest law enforcement, governance and trade in timber products into the Community (OJ L 70, 19.3.2010, pp. 3–75).

  Council Decision 2010/151/EC of 16 November 2009 on the signing and conclusion of a voluntary partnership agreement between the European Community and the Republic of Ghana on forest law enforcement, governance and trade in timber products into the Community (OJ L 70, 19.3.2010, pp. 1–2).

  RELATED DOCUMENTS

  Notice concerning the entry into force of the Voluntary Partnership Agreement between the European Union and the Socialist Republic of Viet Nam on forest law enforcement, governance and trade (OJ L 241, 19.9.2019, p. 1).

  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 (OJ L 295, 12.11.2010, pp. 23–34).

  Successive amendments to Regulation (EC) No 995/2010 have been incorporated into the original text. This consolidated version is of documentary value only.

  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, pp. 1–6).