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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

Current text a fecha 2025-07-08

CHAPTER I

SUBJECT MATTER AND DEFINITIONS

Article 1

Article 2

For the purposes of this Regulation the following definitions shall apply:

1.

‘Forest Law Enforcement, Governance and Trade licensing scheme’ (hereinafter referred to as FLEGT licensing scheme) means the issuing of licences for timber products for export to the Community from partner countries and its implementation in the Community, in particular in Community provisions on border controls;

2.

‘partner country’ means any State or regional organisation that enters into a Partnership Agreement, as listed in Annex I;

3.

‘Partnership Agreement’ means an agreement between the Community and a partner country by which the Community and that partner country undertake to work together in support of the FLEGT Action Plan and to implement the FLEGT licensing scheme;

4.

‘regional organisation’ means an organisation consisting of sovereign states that have transferred competence to that organisation, granting it the capacity to enter into a Partnership Agreement on their behalf, in respect of matters governed by the FLEGT licensing scheme, as listed in Annex I;

5.

‘FLEGT licence’ means a shipment-based or market participant-based document of a standard format which is to be forgery-resistant, tamper-proof, and verifiable, and which refers to a shipment as being in compliance with the requirements of the FLEGT licensing scheme, duly issued and validated by a partner country’s licensing authority. Systems for issuing, recording and communicating licences may be paper-based or based on electronic means, as appropriate;

6.

‘market participant’ means an actor, private or public, involved in forestry or transformation or trade of timber products;

7.

‘licensing authority(ies)’ means the authority(ies) designated by a partner country to issue and validate FLEGT licences;

8.

‘competent authority(ies)’ means the authority(ies) designated by Member States to verify FLEGT licences;

9.

‘timber products’ means the products set out in Annexes II and III, to which the FLEGT licensing scheme applies, and which, when imported into the Community, 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 (1);

10.

‘legally produced timber’ means timber products produced from domestic timber that was legally harvested or timber that was legally imported into a partner country in accordance with national laws determined by that partner country as set out in the Partnership Agreement;

11.

‘imports’ means the release for free circulation of timber products within the meaning of Article 79 of Council Regulation (EEC) No 2913/1992 of 12 October 1992 establishing the Community Customs Code (2)

12.

‘shipment’ means a shipment of timber products;

13.

‘export’ means the physical leaving or taking out of timber products from any part of the geographical territory of a partner country to bring them into the Community;

14.

‘third-party monitoring’ means a system through which an organisation that is independent of a partner country's government authorities and its forest and timber sector monitors and reports on the operation of the FLEGT licensing scheme.

CHAPTER II

FLEGT LICENSING SCHEME

Article 3

Article 4

The schemes approved by the Commission may form the basis of a FLEGT licence.

The Commission shall review that exemption, taking into account market developments and the experience gained in the implementation of this Regulation, shall report on its findings to the European Parliament and to the Council and, if necessary, shall come forward with appropriate legislative proposals.

Article 5

Import of timber products under a FLEGT licence issued to a market participant shall be accepted as long as the market participant’s licence remains valid.

Article 6

Article 7

Article 8

CHAPTER III

GENERAL PROVISIONS

Article 9

By December 2021 and every five years thereafter, the Commission shall, on the basis of information, in particular the information referred to in Article 8(1), and experience with the application of this Regulation, review the functioning and effectiveness of this Regulation. In doing so, it shall take into account the progress on implementation of the voluntary Partnership Agreements. The Commission shall report to the European Parliament and to the Council on the result of the review every five years and accompany such reports where appropriate, by proposals for improvement of the FLEGT licensing scheme.

Article 10

Article 11

Article 11a

Exercise of the delegation

Article 12

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

This Regulation shall be binding in its entirety and directly applicable in all Member States.

ANNEX I

PARTNER COUNTRIES AND THEIR DESIGNATED LICENSING AUTHORITIES

Partner country Designated licensing authority
THE REPUBLIC OF GHANA Timber Industry Development Division Forestry Commission* Forestry Commission P. O. Box 783 Takoradi — Ghana Tel. +233 312024100 Email: info.tidd@fcghana.org
Partner country Designated licensing authorities
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THE REPUBLIC OF INDONESIA Licence Information Unit (LIU) (1) Ministry of Environment and Forestry Gedung Manggala Wanabakti Blok I Lantai 2 Jln. Gatot Subroto — Senayan Jakarta — Pusat — Indonesia — 10270 Phone: +62 21 5730268/269 Fax +62 21 5737093 Email: subditivlk@gmail.com; marianalubis1962@gmail.com
(1) According to Article 4(4) of the VPA, a Licence Information Unit (LIU) has been established by Indonesia to serve as a contact point for communications between EU Member States competent authorities and the Indonesian Licensing Authorities. The LIU is an information management unit which validates information concerning V-Legal Document/FLEGT licence issuance. The LIU is also responsible for general information exchange on the TLAS, and receives and stores relevant data and information on the issuance of certificates of legality and FLEGT licences. It also responds to queries from competent authorities of trading partners and stakeholders. Some of the verification bodies, which are conformity assessment bodies accredited by the Indonesian National Accreditation Body (KAN), are authorized and overseen by the Indonesian Ministry of Forestry and Environment to act as licensing authorities. An updated list of authorized licensing authorities is available through the LIU and also at the link: http://silk.dephut.go.id/index.php/info/lvlk.

ANNEX II

HS heading Description
4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared
4406 Railway or tramway sleepers (cross-ties) of wood
4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm
4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for other similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm
4412 Plywood, veneered panels and similar laminated wood

ANNEX III

Partner country Heading HS subheading Description
THE REPUBLIC OF GHANA CHAPTER 44:
4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared
–  Treated with paint, stains, creosote or other preservatives:
4403 11 – –  Coniferous
4403 12 – –  Non-coniferous
– –  Other, of tropical wood:
4403 49 – –  Other
4406 Railway or tramway sleepers (cross-ties) of wood
–  Not impregnated:
4406 11 – –  Coniferous
4406 12 – –  Non-coniferous
–  Other:
4406 91 – –  Coniferous
4406 92 – –  Non-coniferous
4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm
–  Coniferous:
4407 11 – –  Of pine (Pinus spp.)
4407 19 –  Other
–  Of tropical wood:
4407 21 – –  Mahogany (Swietenia spp.)
4407 27 – –  Sapelli
4407 28 – –  Iroko
4407 29 –  Other
–  Other
ex 4407 99 – –  Other (not from bamboo or rattan)
4408 Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm
4408 10 –  Coniferous
–  Of tropical wood:
4408 39 –  Other
ex 4408 90 –  Other (not from bamboo or rattan)
4409 Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed
4409 10 –  Coniferous
–  Non-coniferous:
4409 22 – –  Of tropical wood
ex 4409 29 – –  Other (not from rattan)
4412 Plywood, veneered panels and similar laminated wood
–  Other plywood, consisting solely of sheets of wood (other than bamboo), each ply not exceeding 6 mm thickness:
4412 31 – –  With at least one outer ply of tropical wood
4412 33 – –  Other, with at least one outer ply of non-coniferous wood of the species alder (Alnus spp.) ash (Fraxinus spp.) beech (Fagus spp.), birch (Betula spp.), cherry (Prunus spp.), chestnut (Castanea spp.), elm (Ulmus spp.), eucalyptus (Eucalyptus spp.), hickory (Carya spp.), horse chestnut (Aesculus spp.), lime (Tilia spp.), maple (Acer spp.), oak (Quercus spp.), plane tree (Platanus spp.), poplar and aspen (Populus spp.), robinia (Robinia spp.), tulipwood (Liriodendron spp.) or walnut (Juglans spp.)
4412 34 – –  Other, with at least one outer ply of non-coniferous wood not specified under subheading 4412 33
4412 39 – –  Other, with both outer piles of coniferous wood
–  Blockboard, laminboard and battenboard
ex 4412 51 – –  With at least one outer ply of tropical wood (not from rattan)
ex 4412 52 – –  Other, with at least one outer ply of non-coniferous wood (not from rattan)
ex 4412 59 – –  Other, with both outer plies of coniferous wood (not from rattan)
–  Other
ex 4412 91 – –  With at least one outer ply of tropical wood (not from rattan)
ex 4412 92 – –  Other, with at least one outer ply of non-coniferous wood (not from rattan)
ex 4412 99 – –  Other, with both outer plies of coniferous wood (not of rattan)
4418 Builders’ joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes
–  Windows, French-windows and their frames
4418 11 – –  Of tropical wood
ex 4418 19 – –  Other (not from bamboo or rattan)
–  Doors and their frames and thresholds
4418 21 – –  Of tropical wood
ex 4418 29 – –  Other (not from bamboo or rattan)
ex 4418 40 –  Shuttering for concrete constructional work (not from bamboo or rattan)
ex 4418 50 — Shingles and shakes (not from bamboo or rattan)
ex 4418 30 –  Posts and beams other than products of subheadings 4418 81 to 4418 89 (not from bamboo or rattan)
–  Assembled flooring panels:
4418 74 – –  Other, for mosaic floors
4418 75 – –  Other, multilayer
ex 4418 79 – –  Other (not from bamboo or rattan)
–  Engineered structural timber products
ex 4418 81 – –  Glue-laminated timber (glulam) (not from bamboo or rattan)
ex 4418 82 – –  Cross-laminated timber (CLT or X-lam) (not from bamboo or rattan)
ex 4418 83 – –  I beams (not from bamboo or rattan)
ex 4418 89 – –  Other (not from bamboo or rattan)
–  Other:
ex 4418 92 – –  Cellular wood panels (not from rattan)
ex 4418 99 – –  Other (not from rattan)
CHAPTER 94:
9401 Seats (other than those of heading 9402 ), whether or not convertible into beds, and parts thereof
–  Parts
ex 9401 91 –  Of wood (not from bamboo or rattan)
9403 Other furniture and parts thereof
9403 30 –  Wooden furniture of a kind used in offices
9403 40 –  Wooden furniture of a kind used in the kitchen
9403 50 –  Wooden furniture of a kind used in the bedroom
9403 60 –  Other wooden furniture
–  Parts
ex 9403 91 – –  Of wood (not of bamboo or rattan)
Partner country HS heading Description
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THE REPUBLIC OF INDONESIA CHAPTER 44
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms.
4401 21 –  Wood in chips or particles – – coniferous
ex 4401 22 –  Wood in chips or particles – – non coniferous (not from bamboo nor rattan)
4403 Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared. (Prohibited from export under the Indonesian law. In line with Article 3(3) of the 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 (hereinafter referred to as the ‘EU-Indonesia VPA’) (1), products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union).
ex 4404 10 Chipwood and the like – coniferous
ex 4404 20 Chipwood and the like – non coniferous – – Chipwood
ex 4404 Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed, but not turned, bent or otherwise worked, suitable for the manufacture of walking sticks, umbrellas, tool handles or the like. (Prohibited from export under the Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union).
4406 Railway or tramway sleepers (cross ties) of wood. (Prohibited from export under Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union).
ex 4407 Wood sawn or chipped lengthwise, sliced or peeled, planed, sanded or end jointed, of a thickness exceeding 6 mm.
ex 4407 Wood sawn or chipped lengthwise, sliced or peeled, not planed, not sanded or not end jointed, of a thickness exceeding 6 mm. (prohibited from export under Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union).
Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end jointed, of a thickness not exceeding 6 mm
4408 10 –  Coniferous
4408 31 Dark Red Meranti, Light Red Meranti, and Meranti Bakau
4408 39 Other, except coniferous, Dark Red Meranti, Light Red Meranti, and Meranti Bakau
ex 4408 90 Other, except coniferous and tropical wood specified in Subheading Note 2 to this chapter (not from bamboo nor rattan)
Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end jointed.
4409 10 –  Coniferous
ex 4409 29 –  Non coniferous – other (not from rattan)
Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances
ex 4410 11 –  Of wood – – Particle board (not from bamboo nor rattan)
ex 4410 12 –  Of wood – – Oriented strand board (OSB) (not from bamboo nor rattan)
ex 4410 19 –  Of wood – – Other (not from bamboo nor rattan)
ex 4411 Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances (not from bamboo nor rattan)
Plywood, veneered panels and similar laminated wood
4412 31 –  Other plywood, consisting solely of sheets of wood (other than bamboo), each ply not exceeding 6 mm thickness: – – With at least one outer ply of tropical wood specified in Subheading Note 2 to this Chapter
4412 32 –  Other plywood, consisting solely of sheets of wood (other than bamboo), each ply not exceeding 6 mm thickness: – – Other, with at least one outer ply of non-coniferous wood
4412 39 –  Other plywood, consisting solely of sheets of wood (other than bamboo), each ply not exceeding 6 mm thickness: – – Other
ex 4412 94 –  Other: – – Blockboard, laminboard and battenboard (not from rattan)
ex 4412 99 –  Other: – – Other: – – – Barecore (wood waste glued together) (not from rattan) and – – – Other (not from rattan)
ex 4413 Densified wood, in blocks, plates, strips or profile shapes (not from bamboo nor rattan)
ex 4414 Wooden frames for paintings, photographs, mirrors or similar objects (not from bamboo nor rattan)
ex 4415 Packing cases, boxes, crates, drums and similar packings, of wood; cable drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood (not from bamboo nor rattan)
ex 4416 Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood, including staves (not from bamboo nor rattan)
ex 4417 Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood (not from bamboo nor rattan)
ex 4418 Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes (not from bamboo nor rattan)
ex 4419 Tableware and kitchenware, of wood (not from bamboo and rattan)
Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar articles, of wood.
ex 4420 90 –  Other – – Wood in the form of logs or squared logs with simple process in the surface, carved or finely threaded or painted, does not have significant added-value and no significant change in shape (HS ex 4420 90 90 00 in Indonesia) (Prohibited from export under Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union).
Other articles of wood
ex 4421 90 –  Other – – Match splints (not from bamboo nor rattan) and – – Other – – – Wooden paving blocks (not from bamboo nor rattan)
ex 4421 90 –  Other – – Other – – – Wood in the form of logs or squared logs with simple process in the surface, carved or finely threaded or painted, does not have significant added-value and no significant change in shape (HS ex 4421 90 99 00 in Indonesia) (Prohibited from export under the Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union).
CHAPTER 47
Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard:
4701 Mechanical wood pulp
4702 Chemical wood pulp, dissolving grades
4703 Chemical wood pulp, soda or sulphate, other than dissolving grades.
4704 Chemical wood pulp, sulphite, other than dissolving grades
4705 Wood pulp obtained by a combination of mechanical and chemical pulping processes
CHAPTER 48 (2)
ex 4802 Uncoated paper and paperboard, of a kind used for writing, printing or other graphic purposes, and non-perforated punch cards and punch tape paper, in rolls or rectangular (including square) sheets, of any size, other than paper of heading 4801 or 4803 ; hand-made paper and paperboard (not from non-wooden nor recycled material)
ex 4803 Toilet or facial tissue stock, towel or napkin stock and similar paper of a kind used for household or sanitary purposes, cellulose wadding and webs of cellulose fibres, whether or not creped, crinkled, embossed, perforated, surface coloured, surface decorated or printed, in rolls or sheets (not from non-wooden nor recycled material)
ex 4804 Uncoated kraft paper and paperboard, in rolls or sheets, other than that of heading 4802 or 4803 (not from non-wooden nor recycled material)
ex 4805 Other Uncoated paper and paperboard, in rolls or sheets, not further worked or processed than as specify in Note 3 to this chapter (not from non-wooden nor recycled material)
ex 4806 Vegetable parchment, greaseproof papers, tracing papers and glassine and other glazed transparent or translucent papers, in rolls or sheets (not from non-wooden nor recycled material)
ex 4807 Composite paper and paperboard (made by sticking flat layers of paper or paperboard together with an adhesive), not surface coated or impregnated, whether or not internally reinforced, in rolls or sheets (not from non-wooden nor recycled material)
ex 4808 Paper and paperboard, corrugated (with or without glued flat surface sheets), creped, crinkled, embossed or perforated, in rolls or sheets, other than paper of the kind described in heading 4803 (not from non-wooden nor recycled material)
ex 4809 Carbon paper, self-copy paper and other copying or transfer papers (including coated or impregnated paper for duplicator stencils or offset plates), whether or not printed, in rolls or sheets (not from non-wooden nor recycled material)
ex 4810 Paper and paperboard, coated on one or both sides with kaolin (China clay) or other inorganic substances, with or without binder, and with no other coating, whether or not surface coloured, surface decorated or printed, in rolls or rectangular (including square) sheets, of any size (not from non-wooden nor recycled material)
ex 4811 Paper, paperboard, cellulose wadding and webs of cellulose fibres, coated, impregnated, covered, surface coloured, surface decorated or printed, in rolls or rectangular (including square) sheets, of any size, other than goods of the kind described in heading 4803 , 4809 or 4810 (not from non-wooden nor recycled material)
ex 4812 Filter blocks, slabs and plates, of paper pulp (not from non-wooden nor recycled material)
ex 4813 Cigarette paper, whether or not cut to size or in the form booklets or tubes (not from non-wooden nor recycled material)
ex 4814 Wallpaper and similar wall covering; window transparencies of paper (not from non-wooden nor recycled material)
ex 4816 Carbon paper, self-copy paper and other copying or transfer papers (other than those of heading 4809 ), duplicator stencils and offset plates, of paper, whether or not put up in boxes (not from non-wooden nor recycled material)
ex 4817 Envelopes, letter cards, plain postcards and correspondence cards, of paper or paper board; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationary (not from non-wooden nor recycled material)
ex 4818 Toilet paper and similar paper, cellulose wadding or webs of cellulose fibres, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchief, cleansing tissues, towels, tablecloths, serviettes, napkins for babies, tampons, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibres (not from non-wooden nor recycled material)
ex 4821 Paper or paperboard labels of all kinds, whether or not printed (not from non-wooden nor recycled material)
ex 4822 Bobbins, spools, cops and similar support of paper pulp, paper or paper board whether or not perforated or hardened (not from non-wooden nor recycled material)
ex 4823 Other paper, paperboard, cellulose wadding and webs cellulose fibres, cut to size or shape; other articles of paper pulp, paper, paperboard, cellulose wadding or webs of cellulose fibres (not from non-wooden nor recycled material)
CHAPTER 94
Seats (other than those of heading 94 02 ), whether or not convertible into beds, and parts thereof
9401 61 –  Other seats, with wooden frames: – – Upholstered
9401 69 –  Other seats, with wooden frames: – – Other
Other furniture and parts thereof
9403 30 –  Wooden furniture of a kind used in offices
9403 40 –  Wooden furniture of a kind used in the kitchen
9403 50 –  Wooden furniture of a kind used in the bedroom
9403 60 –  Other wooden furniture
ex 9403 90 –  Parts: – – Other (HS 9403 90 90 in Indonesia)
Prefabricated buildings
ex 9406 00 –  Other prefabricated buildings: – – Of wood (HS 9406 00 92 in Indonesia)
CHAPTER 97
Original engravings, prints and lithographs.
ex 9702 00 Wood in the form of logs or squared logs with simple process in the surface, carved or finely threaded or painted, does not have significant added-value and no significant change in shape (HS ex 9702 00 00 00 in Indonesia) (Prohibited from export under Indonesian law. In line with Article 3(3) of the EU-Indonesia VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union).
(1) OJ L 150, 20.5.2014, p. 252. (2) Paper products originating from non-wooden or recycled material are accompanied by a formal letter from the Indonesian Ministry of Industry validating the use of non-wooden or recycled materials. Such products will not be FLEGT licensed.