2012/373/EU: Council Decision 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

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 (hereinafter referred to as ‘the Agreement’) is hereby approved on behalf of the Union. The text of the Agreement is attached to this Decision.

The President of the Council shall designate the person(s) empowered to give, on behalf of the Union, the notification provided for in Article 31 of the Agreement, in order to express the consent of the Union to be bound by the Agreement .

Representatives of the Commission shall represent the Union in the Joint Implementation Committee set up in accordance with Article 19 of the Agreement. The Member States may participate in meetings of the Joint Implementation Committee as members of the Union delegation.

For the purpose of amending the annexes to the Agreement in accordance with Article 26 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 any such amendments on behalf of the Union.

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

The objective of this Agreement, consistent with the Parties’ common commitment to the sustainable management of all types of forest, is to provide a legal framework aimed at ensuring that all imports into the Union from Liberia of timber products covered by this Agreement have been legally produced and, thereby, to promote trade in timber products. In addition, this Agreement provides a basis for dialogue and cooperation between the Parties to facilitate and promote full implementation of this Agreement and enhance forest law enforcement and governance.

For the purposes of this Agreement, the following definitions shall apply: (a) ‘import into the Union’ means the release for free circulation into the Union within the meaning of Article 79 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code of timber products which cannot be classified as ‘goods of a non-commercial nature’ as defined in Article 1(6) 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 ; (b) ‘export’ means the physical leaving or taking out of timber products from any part of the geographical territory of Liberia, except for timber products in transit through Liberia; (c) ‘timber in transit’ means any timber products originating from a third country, which enter the territory of Liberia under customs control and leave it in the same form whilst retaining their country of origin; (d) ‘timber products’ means the products listed in Annex I; (e) ‘HS code’ means a four or six-digit code, as set out in 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; (f) ‘FLEGT license’ means a document which confirms that a shipment has been legally sourced and verified in accordance with the criteria laid down in this Agreement. A FLEGT license may be in paper or electronic form; (g) ‘licensing authority’ means the authority designated by Liberia to issue and validate FLEGT licenses; (h) ‘competent authorities’ means the authorities designated by the Member States of the Union to receive, accept and verify FLEGT licenses; (i) ‘shipment’ means a quantity of timber products covered by a FLEGT license that is sent by a consignor or a shipper from Liberia and is presented for release for free circulation at a customs office in the Union; (j) ‘legally produced timber’ means timber products acquired, produced and marketed by processes that comply with all the statutory and regulatory provisions in force in Liberia, as set out in Annex II; (k) ‘release for free circulation’ means a Union customs procedure which confers the customs status of Union goods on goods which are not from the Union (with reference to Regulation (EEC) No 2913/92), 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; (l) ‘European Commission’ means the institution of the Union referred to in Articles 13(1) and 17 of the Treaty on European Union which, among other tasks, ensures the Union’s external representation and exercises coordinating, executive and management functions.

1 A Forest Law Enforcement, Governance and Trade Licensing Scheme (hereinafter referred to as ‘the FLEGT licensing scheme’) is hereby established between the Parties. It establishes a set of procedures and requirements aiming at verifying and attesting, by means of FLEGT licenses, that timber products shipped to the Union were legally produced or acquired. In accordance with Regulation (EC) No 2173/2005 and this Agreement, the Union shall accept such shipments from Liberia for import into the Union only if they are covered by FLEGT licenses.

2 The FLEGT licensing scheme shall apply to the timber products listed in Annex I.

1 Liberia shall designate its licensing authority (hereinafter referred to as the ‘licensing authority’) and notify 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 products have been legally produced in accordance with legislation listed in Annex II. In accordance with the terms set out in Annex II, it shall issue FLEGT licenses covering shipments of legally produced or acquired timber for export to the Union.

3 The licensing authority shall not issue FLEGT licenses for any timber products that are composed of, or include, timber products imported into Liberia from a third country unless it has been proven that the timber product has been produced and exported in accordance with the laws of the third country concerned and has complied with Annex II to this Agreement and with any regulations governing the importation of timber products into Liberia.

4 The licensing authority shall establish and make publicly available its procedures for issuing FLEGT licenses. It shall also keep records of all shipments covered by FLEGT licenses and, in line with the national legislation concerning data protection, shall make these records available for the purposes of independent monitoring, while respecting the confidentiality of exporters’ proprietary information.

1 The European Commission shall inform Liberia of the contact details of the competent authorities designated by the Member States of the Union. Both Parties shall make this information available to the public.

2 The competent authorities shall verify that each shipment is covered by a valid FLEGT license prior to releasing that shipment for free circulation in the Union. The release of the shipment may be suspended and the shipment detained if there are doubts regarding the validity of the FLEGT license. The procedures governing release for free circulation into the Union of shipments covered by a FLEGT license are described in Annex III.

3 The competent authorities shall maintain and publish annually a record of FLEGT licenses received.

4 In accordance with the national legislation on data protection, the competent authorities shall grant persons or bodies designated by Liberia as independent auditor, access to relevant documents and data.

5 However, when timber and derived products from species listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and covered by a FLEGT license enter the Union, they shall undergo only 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 . The FLEGT licence scheme shall nonetheless provide assurance of the legal harvesting of these products.

1 FLEGT licenses shall be issued by the licensing authority as a means of attesting that timber products have been legally produced or acquired.

2 FLEGT licenses shall be drawn up and completed in English.

3 The Parties may, by agreement, establish electronic systems for issuing, transmitting and receiving FLEGT licenses.

4 The procedure for issuing FLEGT licenses and the technical specifications are set out in Annex IV.

For the purposes of this Agreement, a definition of ‘legally produced timber’ is set out in Article 2 and in Annex II. The definition sets out Liberia’s national legislation and accompanying regulations that must be complied with before timber products may be covered by a FLEGT licenses. Annex II also includes ‘legality matrices’ along with ‘legality indicators’ and ‘legality verifiers’ and detailed verification procedures to be followed to determine compliance with Liberian law.

1 Liberia shall establish a system to verify that timber has been produced or acquired legally and to ensure that only shipments verified as such are exported to the Union. This system for verifying legality shall include compliance checks in order to provide assurance that the timber and derived products intended for export to the Union have been legally produced or acquired and that FLEGT licenses 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 that shipments of timber products have been legally produced is described in Annex II.

1 Liberia shall endeavour to verify the legality of timber exported to non-Union markets, of timber sold on its domestic markets and of imported timber using, where possible, the legality verification systems developed for implementation of this Agreement.

2 To support such endeavours, the Union, in dialogue with interested parties, shall encourage use of the systems developed to implement this Agreement for trade in other international markets and with third countries.

1 Where doubts about the validity of any license arise, the competent authority concerned may promptly ask the licensing authority for additional information and seek further clarification. If no answer is received from the licensing authority within 21 calendar days of the date of receipt of the request for additional information, the competent authority shall act in accordance with its applicable national legislation and shall not accept the license. If, after provision of additional information and further investigation, it is established that information on the license does not correspond to the shipment, the competent authority shall act in accordance with the national legislation in force and shall not accept the license. The licensing authority must be promptly informed in writing of each non-acceptance of a FLEGT license along with the reason for non-acceptance.

2 Where persistent disagreements or difficulties arise in relation to consultations concerning FLEGT licenses, the matter may be referred to the Joint Implementation Committee.

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 V.

2 Liberia shall engage the services of an independent auditor, after consulting the Union.

3 The independent auditor shall refer complaints arising from its work to the Joint Implementation Committee.

4 The independent auditor shall submit its observations to the Parties in reports in accordance with the procedure described in Annex V. Reports of the independent auditor shall be published in accordance with the procedure set out in Annex V.

5 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 its functions. However, a Party may, in accordance with its legislation on data protection, withhold any information that it is not allowed to disclose.

The Parties shall inform each other if they suspect or have found evidence of any circumvention or irregularity in the FLEGT licensing scheme, including in relation to the following: (a) circumvention of trade, including re-direction of trade from Liberia to the Union via a third country, where there is reason to believe that this is done with the intention of avoiding licensing; (b) FLEGT licenses covering timber products that include imports from suspect sources in third countries; or (c) fraud in obtaining or using FLEGT licenses.

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 licenses shall be preceded by a joint technical evaluation, the objectives and criteria of which are set out in Annex VI. The evaluation shall determine that the legality assurance underpinning the FLEGT licensing scheme adequately fulfils its functions and that the systems in the Union for receiving, verifying and accepting FLEGT licenses are in place.

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

2 The Parties, working through the Joint Implementation Committee, shall evaluate the progress of implementation with reference to the schedule set out in Annex VII.

1 The Parties have identified the areas indicated in Annex VIII 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 resources shall be subject to the normal procedures of the Union and its Member States for programming assistance to Liberia and to the budgetary procedures of Liberia 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.

4 Liberia shall ensure that capacity-building to implement this Agreement is included in its national planning instruments, such as poverty reduction strategies and budgets.

5 The Parties shall ensure that activities associated with the implementation of this Agreement are coordinated with relevant existing and future development initiatives such as, among others, those supporting action to reduce emissions from deforestation and degradation (REDD+).

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 Liberia by Member States of the Union.

1 Pursuant to the National Forestry Reform Law of Liberia related to participatory management of forest resources, Liberia shall ensure that the implementation and monitoring of this Agreement are done in consultation with relevant stakeholders, including industry, civil society, local communities and other people dependent on forests. Stakeholders shall participate via existing forest governance structures and by membership of a national body to be established pursuant to paragraph 2 of this Article.

2 Liberia shall establish a national committee to monitor implementation of this Agreement, made up of representatives of relevant Government agencies and other relevant stakeholders.

3 The Union shall hold regular consultations with stakeholders on implementation of this Agreement, taking into account its obligations under the 1998 Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters.

1 In order to minimise any possible adverse impact of this Agreement, the Parties agree to develop a better understanding of the livelihoods of potentially affected persons and local communities, including those engaged in illegal logging.

2 The Parties shall monitor the impact of this Agreement on the communities referred to in paragraph 1, while taking reasonable steps to mitigate any adverse impact. The Parties may agree on additional measures to address any adverse impact.

Taking into account its international obligations, the Union shall strive to promote favourable access to its market for the timber products covered by this Agreement. Such efforts shall include: (a) encouragement of public and private procurement policies that recognise efforts to ensure a supply of legally produced timber products; and (b) promotion of FLEGT-licensed products on the Union market.

1 The Parties shall establish a Joint Implementation Committee (JIC) to facilitate monitoring and review of this Agreement. The JIC shall also facilitate dialogue and exchanges of information between the Parties.

2 Each Party shall nominate its representatives on the JIC which shall take its decisions by consensus. The JIC shall be co-chaired by two of its members, one from the Union and the other from Liberia.

3 The JIC shall consider any matter relating to effective implementation of this Agreement. In particular, the JIC shall: (a) meet at least twice a year on dates and at places agreed by the Parties; (b) prepare the agenda for its work and terms of reference for joint action; (c) establish its own rules of procedure; (d) establish a co-chair arrangement for presiding over its meetings; (e) ensure that its work is transparent and that information about its work and decisions is made available to the public; (f) if necessary, establish working groups or other subsidiary bodies for areas requiring specific expertise; (g) publish an annual report. Details of the content of this report are given in Annex IX.

4 The specific functions of the JIC are described in Annex X.

5 In the period between the initialling of this Agreement and its entry into force, a joint mechanism for dialogue and monitoring shall be set up to facilitate implementation of this Agreement.

1 The representatives of the Parties responsible for official communications concerning implementation of this Agreement shall be: For Liberia:For the European Union:The Minister of AgricultureThe Head of the Delegation of the Union in Liberia

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

1 The publication of information is essential to improve governance and therefore provision of information to stakeholders shall be central for this Agreement. Information shall be regularly published to facilitate implementation and monitoring of systems, increase transparency, and thus improve stakeholder and consumer confidence as well as to ensure greater accountability of the Parties. Details of the information to be published are set out in Annex IX.

2 Each Party shall determine the most appropriate mechanism for publishing information. In particular, the Parties shall endeavour to provide stakeholders in the forest sector with reliable and up-to-date information.

3 The terms of reference and procedures guiding the functioning of the JIC shall 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 the implementation of this Agreement to disclose, trade secrets or confidential commercial information exchanged under this Agreement.

2 Subject to paragraph 1, the following information shall not be considered confidential: (a) the number and type of FLEGT licenses issued by Liberia and received by the Union and the volume of timber products exported from Liberia and received by the Union under such licenses; (b) the names and addresses of relevant FLEGT license-holders and importers; (c) the amounts of fees and taxes paid by any exporter; (d) monetary fines imposed or regulatory action taken against any contractor or FLEGT license-holder.

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

1 The Parties shall seek to resolve any dispute concerning application or interpretation of this Agreement through early consultations.

2 If a dispute has not been settled by means of consultations within two months from the date of the initial request for consultations, either Party may refer the dispute to the JIC, which shall endeavour to settle it. The JIC 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 JIC shall be required to examine all possibilities for maintaining effective implementation of this Agreement.

3 In the event that the JIC is unable to settle the dispute within two months, the Parties may jointly seek the good offices of, or request mediation by, an independent third party.

4 In the event of it not being possible to settle the dispute in accordance with paragraph 3, either Party may notify the other of the appointment of an arbitrator; the other Party must then appoint a second arbitrator within 30 calendar days of the appointment of the first arbitrator. The Parties shall jointly appoint a third arbitrator within two months of the appointment of the second arbitrator.

5 The arbitrators’ decisions shall be taken by majority vote within six months of the third arbitrator being appointed.

6 The award shall be binding on the Parties and shall be without appeal.

7 The JIC shall establish the working procedures for arbitration.

1 Either Party may suspend application of this Agreement in the event that the other Party (a) fails to fulfil its obligations as specified under this Agreement, or (b) fails to maintain the regulatory and administrative measures and means required to implement this Agreement, or (c) acts or fails to act in a way that poses significant risks to the environment, health, safety or security of the people of either the Union or Liberia. The decision on suspension and the reasons for that decision shall be notified to the other Party in writing.

2 The conditions of this Agreement shall cease to apply 30 calendar days after such notice is given.

3 Application of this Agreement shall 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 and the Parties jointly agree to the resumption of this Agreement.

1 Either Party wishing to amend this Agreement shall put the proposal forward at least three months before the next meeting of the JIC. The JIC shall discuss the proposal and, if a consensus is reached, shall make a recommendation. Each Party shall consider the recommendation and, subject to its agreement, shall approve it in accordance with 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 completion of the procedures necessary for this purpose.

3 The JIC may adopt amendments to the Annexes.

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.

The Annexes to this Agreement shall form an integral part thereof and shall be enforceable.

With effect from its entry into force, this Agreement shall remain valid indefinitely.

Notwithstanding Article 28, either Party may terminate this Agreement by notifying the other Party in writing. This Agreement shall cease to apply 12 months after the date of such notification.

This Agreement shall be 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 English 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 completion of their respective procedures necessary for this purpose.

2 Notification shall be sent to the General Secretariat of the Council of the European Union and to the Liberian Ministry of Foreign Affairs, which shall be the joint depositaries for this Agreement.

1 The license shall be lodged with the competent authority of the Union Member State in which the shipment covered by that license is declared for release for free circulation . This may be done electronically or by other expeditious means.

2 The competent authorities referred to in paragraph 1 shall, in accordance with the applicable national procedures, inform the customs authorities as soon as a license has been accepted.

1 Paper licenses shall conform to the model described in Annex IV. Any license that does not meet the requirements and specifications set out in Annex IV shall be invalid.

2 A license shall be considered void if it is lodged on a date later than the expiry date indicated in the license.

3 Any erasures from or alterations to a license shall not be accepted unless such erasures or alterations have been validated by the licensing authority.

4 Extension of the validity of a license shall not be accepted unless that extension has been validated by the licensing authority.

5 A duplicate or replacement license shall not be accepted unless it has been issued and validated by the licensing authority.

1 In case of doubt concerning the validity or authenticity of a license, a duplicate or a replacement license, the competent authorities may request additional information from the licensing authority.

2 A copy of the license, the duplicate or the replacement license in question may be forwarded together with the request.

3 If necessary, the licensing authority shall withdraw the license and issue a corrected copy, which shall be authenticated by the stamped endorsement ‘Duplicate’ and forwarded to the competent authority.

1 If further verification of the shipment is considered necessary before the competent authorities can decide whether a license can be accepted, checks may be carried out to establish whether the shipment in question conforms to the information provided in the license and to the records relating to the relevant license which are held by the licensing authority.

2 Where the volume or weight of the timber products contained in the shipment presented for release for free circulation does not deviate by more than 10 % from the volume or weight indicated in the corresponding license, the shipment shall be considered to conform to the information provided in the license as far as volume or weight is concerned.

3 In case of doubt about whether the shipment conforms with the FLEGT license, the competent authority concerned may seek further clarification from the licensing authority.

4 The licensing authority may request the competent authority to send a copy of the license or the replacement in question.

5 If necessary, the licensing authority shall withdraw the license and issue a corrected copy, which shall be authenticated by the stamped endorsement ‘Duplicate’ and forwarded to the competent authority.

6 If the competent authority receives no answer within 21 calendar days of the request for further clarification, as provided for in Article 10 of this Agreement, the competent authority shall not accept the license and shall act in accordance with the applicable legislation and procedures.

7 A license shall not be accepted if it has been established, where necessary after provision of additional information in accordance with Article 3 of this Annex or a further investigation in accordance with Article 4 of this Annex, that the license does not correspond to the shipment.

1 A license may be lodged before the arrival of the shipment it covers.

2 A license shall be accepted if it meets all the requirements set out in Annex IV and no further verification in accordance with Articles 3 and 4 of this Annex is deemed necessary.

1 Costs incurred while the verification is being completed shall be at the expense of the importer, except where the applicable legislation and procedures of the Member State of the Union concerned determine otherwise.

2 Where persistent disagreements or difficulties arise from verification of FLEGT licenses, the matter may be referred to the JIC.

1 In box 44 of the Single Administrative Document on which the customs declaration for release for free circulation is made, reference shall be made to the number of the license that covers the timber products subject to the declaration.

2 Where the customs declaration is made by computerised means, the reference shall be provided in the appropriate box.

3 Timber products shall be released for free circulation only after completion of the procedures described in this Annex.

1 FLEGT licenses may be in paper or electronic form.

2 Both licenses on paper and electronic licenses shall provide the information specified in Appendix 1, in accordance with the notes for guidance set out in Appendix 2.

3 FLEGT licenses shall become valid on the date on which they are issued.

4 FLEGT licenses shall be numbered in a manner that distinguishes between licenses intended for the Union and those intended for non-Union markets.

5 The period of validity of FLEGT licenses shall not exceed six months. The expiry date shall be indicated on the license.

6 After the license expires, it shall be considered void. The licensing authority may, at its discretion, extend the period of validity for an additional three months period. Upon such extension, the licensing authority shall insert and validate the new expiry date.

7 FLEGT licenses shall cease to be valid and shall be returned to the licensing authority if the timber products covered by the license are lost or destroyed during shipment prior to arrival in the Union.

1 Licenses on paper shall conform to the format set out in Appendix 1.

2 The paper size shall be standard A4. The paper shall have watermarks showing various logos, including a Liberian emblem that shall be embossed on the paper in addition to the seal.

3 The licenses shall be completed using a typewriter or computer. They may be completed by hand, if necessary.

4 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 replace the licensing authority stamp.

5 The licensing authority shall use a tamper-proof method to record the quantity allocated in such a way as to make it impossible to insert figures or references.

6 The form shall contain no erasures or alterations, unless those erasures or alterations have been authenticated by the stamp and signature of the licensing authority.

7 The licenses shall be printed and completed in English.

1 The licenses shall be drawn up in five copies using the colour paper indicated as follows: (a) White, form number 1, marked ‘Original’; (b) Yellow, copy number 2, marked ‘Copy for EU customs authority’; (c) Pink, copy number 3, marked ‘Copy for the licensing authority’; (d) Green, copy number 4, marked ‘Copy for Liberia customs’; (e) Blue, copy number 5, marked ‘Copy for licensee’.

2 The ‘Original’ shall be given to the licensee to be forwarded to the importer for submission to the competent authority of the Union Member State in which the shipment covered by that license is declared for release for free circulation.

3 The second copy, marked ‘Copy for EU customs authority’, shall be given to the licensee to be forwarded to the importer for submission to the customs authorities of the Union Member State in which the shipment covered by that license is declared for release for free circulation.

4 The third copy, marked ‘Copy for the licensing authority’, shall be retained by the licensing authority for its records and future verification of licenses issued.

5 The fourth copy, marked ‘Copy for Liberia customs’, shall be given to the Liberia customs authorities for their records and for exportation purposes.

6 The fifth copy, marked ‘Copy for the licensee’, shall be given to the licensee for its records.

1 In the event of loss, theft or destruction of the ‘Original’ and/or of the ‘Copy for EU customs’, the licensee or its authorised representative may apply to the licensing authority for a replacement, providing justification of the loss of the original and/or copy.

2 The licensing authority shall issue a replacement within one month following receipt of the request from the licensee.

3 The replacement shall contain the information and entries appearing on the license it replaces, including the license number. The replacement license shall bear the endorsement ‘Replacement license’.

4 In the event that the lost or stolen license is retrieved, it shall not be used and must be returned to the licensing authority.

1 FLEGT licenses may be issued and processed using electronic systems.

2 In Member States of the Union which are not linked to an electronic system, a license on paper shall be made available.

1 In case of doubt concerning the validity or authenticity of a license, a duplicate or a replacement license, the competent authority in the Union may request additional information from the licensing authority.

2 If considered necessary, the licensing authority may ask the competent authority to send a copy of the license or the replacement in question.

3 If the licensing authority considers it necessary, it shall withdraw the license and issue a corrected copy, which shall be authenticated by the stamped endorsement ‘Duplicate’ and forwarded to the competent authority.

4 If the validity of the license is confirmed, the licensing authority shall notify the competent authority forthwith, preferably by electronic means. The copies returned shall be authenticated by the stamped endorsement ‘Validated on’.

5 In the event that the license in question is not valid, the licensing authority shall notify the competent authority forthwith, preferably by electronic means.