2011/201/EU: Council Decision 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)

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 (FLEGT) is hereby approved on behalf of the Union. The text of the Agreement is attached to this Decision.

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.

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 of the Joint Implementation Council and the Joint Monitoring Committee as members of the Union delegation.

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 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 , to approve such amendments on the Union’s behalf.

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

For the purposes of this agreement, the following definitions shall apply: (a)‘Timber and derived products’the products listed in Annex I-A;(b)‘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;(c)‘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 Code 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 Code ;(d)‘Release for free circulation’a Union customs procedure which confers the customs status of Union goods on goods which are not from the Union (with reference to Regulation (EC) No 2913/92 establishing the Community Customs Code), 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;(e)‘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;(f)‘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);(g)‘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;(h)‘Licensing authority’the authority designated by Cameroon to issue and validate FLEGT licences;(i)‘Competent authorities’the authorities designated by the Member States of the Union to verify FLEGT licences;(j)‘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 Union;(k)‘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.

1 The objective of this Agreement (hereinafter the ‘VPA’) is to provide a legal framework aimed at ensuring that all imports into the 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) to promote trade in timber and derived products; (b) to establish a basis for dialogue and cooperation; (c) to promote the development of the forest industries in Cameroon and to thereby improve the competitiveness of the sector; (d) to create and encourage economic opportunities for resident local communities and local enterprises; (e) to strengthen the capacities of actors in Cameroon by encouraging the creation of a favourable climate for investment in the sustainable management of forests.

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

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 Union have been legally produced or acquired. The Union shall accept such shipments from Cameroon for import into the Union only if they are covered by those FLEGT licences.

2 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.

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

1 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.

2 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 Union.

3 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 shall document and make publicly available its procedures for issuing FLEGT licenses.

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

2 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 Union. The procedures governing the release for free circulation in the Union of shipments covered by a FLEGT licence are described in Annex IV.

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

4 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.

5 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 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.

1 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.

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

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

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

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

2 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.

1 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 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 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.

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

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

2 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.

3 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.

1 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.

2 Cameroon, in consultation with the Union, shall engage the services of this independent auditor.

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

4 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.

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

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

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

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

2 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.

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

2 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.

1 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.

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

3 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 Union are coordinated to support these processes under the Forest and Environment Sector Programme.

4 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.

5 The Parties shall ensure that activities associated with implementation of this Agreement are coordinated with the relevant development initiatives, such as: (a) local development support; (b) promotion of forestry sector industrialisation; (c) capacity building.

6 The provision of additional resources shall be subject to the procedures governing Union aid, as set out in the Cotonou Agreement, and to those governing the bilateral aid given to Cameroon by each of the Member States of the Union, 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 shall finance the activities referred to in paragraph 5, within the context and logic of the Forest and Environment Sector Programme

1 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.

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

3 The 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 Union law.

1 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.

2 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.

Access to the 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. Such campaigns shall include: (a) 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; (b) the promotion of FLEGT-licensed timber and derived products on the Union market; (c) the promotion at international level of the legality assurance scheme set up under this Agreement.

1 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).

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

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; (b) prepare the agenda for its work and terms of reference for joint actions; (c) draw up its own rules of procedure, following their validation by the Council; (d) preside over its meetings by a co-chair arrangement; (e) be permitted to set up working groups or other subsidiary bodies for areas requiring specific expertise.

4 The functions of the JMC are defined in Annex XI.

1 The representatives of the Parties responsible for official communications concerning implementation of this Agreement shall be: (a) for Cameroon: the Minister responsible for forests; (b) for the Union: the Head of the EU Delegation in Cameroon.

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

1 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 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.

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

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

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

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

4 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 Union and its Member States, of the one part, and Central Africa (Cameroon), of the other part.

1 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.

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

3 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.

The Annexes shall form an integral part of this Agreement.

With effect from its entry into force, this Agreement shall remain in force for a period of 7 years, and shall be renewable by tacit agreement between the Parties for periods of the same length, unless one Party terminates this Agreement by notifying the other Party of its decision at least 12 months before expiry of the period under way.

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

1 Acting through its representative on the Council, a Party wishing to amend this Agreement must notify the other Party of its proposal at least 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.

2 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.

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

4 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.

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, the French text shall prevail.

1 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.

2 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.

1 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.

2 The FLEGT licences shall be signed by the FLEGT licence issuing authorities designated for that purpose.

3 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.

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.

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 Union market.

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).

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.

1 A FLEGT licence may be paper-based or an electronic licence.

2 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.

1 The FLEGT licence shall be valid for a single shipment from its issue date.

2 The period of validity of the FLEGT licence shall not exceed 6 months. The date of expiry shall be indicated in the licence.

3 After its expiry, the FLEGT licence shall be considered as void. The licensing authority may decide to extend the period of validity by 3 months. To that end the licensing authority shall correct and validate the new expiry date.

4 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.

Paper-based licences shall conform to the format set out in Appendix 1.

1 The FLEGT licence shall be made out using a form adopted by the Parties and described in Appendices 1 and 2.

2 The paper size shall be A4, with four copies.

3 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) orange for the 2nd copy ‘Copy for the Cameroon customs’; (c) yellow for the 3rd copy ‘Copy for the EU customs’; (d) green for the 4th copy ‘Copy for the archives of the issuing department’.

1 The licences shall be completed using a typewriter or computer. They may also be completed by hand, provided the forms are self-copying.

2 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 The licence shall be drawn up in quadruplicate.

2 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 Member State of the Union in which the shipment covered by that licence is declared for release for free circulation.

3 The second copy (orange), marked ‘Copy for Cameroon customs’, shall be given to the applicant for submission to the Cameroon customs authorities.

4 The third copy (yellow) marked ‘copy for EU customs’ shall be given to the applicant for submission to the customs authorities of the Member State of the Union in which the shipment covered by the licence is declared for release for free circulation.

5 The fourth copy (green) marked ‘Copy for the archives of the issuing department’ shall be archived by the licensing department.

1 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.

2 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.

3 The licensing authority shall issue the replacement(s) within 1 month following receipt of the request from the applicant.

4 The replacements shall contain the information and entries appearing on the licence they replace, including the licence number.

5 The replacement licence shall bear the word ‘DUPLICATE’.

6 If the lost or stolen licence is retrieved, it shall not be used and must be returned to the licensing authority.

1 In the event of reservations regarding the regularity of a FLEGT licence or of its replacement, the competent authority in the Union shall ask the licensing authority for verification. Only the response from the licensing authority shall be authoritative.

2 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.

3 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 Union.

4 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.

5 The copies thus returned shall bear the endorsement ‘Validated on …’ validated/authenticated by stamp.

6 In the event that the licence in question is not valid, the licensing authority shall notify the competent authority of the Union thereof, preferably by electronic means.

1 The FLEGT licence may be issued and used by means of computerised systems.

2 In the Member States of the Union which are not linked to the computerised system, a paper-based licence shall be made available.