Council Regulation (EC) No 2173/2005Show full title

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

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof,

Having regard to the proposal from the Commission,

Whereas:

(1) The Council and the European Parliament welcomed the Communication from the Commission to the Council and the European Parliament on an EU Action Plan for Forest Law Enforcement, Governance and Trade (FLEGT) as a first step towards tackling the urgent issue of illegal logging and associated trade.

(2) The Action Plan puts emphasis on governance reforms and capacity building, supported by actions aimed at developing multilateral cooperation and complementary demand-side measures designed to reduce the consumption of illegally harvested timber and contributing to the wider objective of sustainable forest management in timber-producing countries.

(3) The Action Plan identifies the setting up of a licensing scheme as a measure to ensure that only timber products that have been legally produced in accordance with the national legislation of the producing country may enter the Community, and emphasises that that licensing scheme should not impede legitimate trade.

(4) Implementation of the licensing scheme requires that imports of relevant timber products into the Community be made subject to a system of checks and controls seeking to guarantee the legality of such products.

(5) To this end the Community should conclude voluntary Partnership Agreements with countries and regional organisations, which are to place a legally binding obligation on a partner country or regional organisation to implement the licensing scheme within the schedule stipulated in each Partnership Agreement.

(6) Under the licensing scheme, certain timber products exported from a partner country and entering the Community at any customs point designated for release for free circulation should be covered by a licence issued by the partner country, stating that the timber products have been produced from domestic timber that was legally harvested or from timber that was legally imported into a partner country in accordance with national laws as set out in the respective Partnership Agreement. Compliance with those rules should be subject to third-party monitoring.

(7) The competent authorities of the Member States should verify that each shipment is covered by a valid licence prior to releasing the shipment covered by that licence for free circulation in the Community.

(8) Each Member State should determine the penalties applicable in the event of infringements of this Regulation.

(9) The licensing scheme should initially cover a limited range of timber products. When agreed, the range of products could be extended to other product categories.

(10) It is important to revise the Annexes specifying the countries and products covered by the licensing scheme promptly. Those revisions should take into account the progress in implementation of Partnership Agreements. A partner country may be added to Annex I after it has notified the Commission and the Commission has confirmed that this partner country has put in place all the controls needed to be able to issue licences for all the products listed in Annex II. A partner country may be removed from Annex I either when it has given one year’s notice of its intention to terminate its Partnership Agreement or with immediate effect, in the case of suspension of its Partnership Agreement.

(11) Annex II may be amended after the Commission and all partner countries have agreed to such amendment. Annex III may be amended after the Commission and the partner country concerned have agreed to such amendment.

(12) The amendments to Annexes I, II and III would be implementing measures of technical nature and in order to simplify and expedite the procedure, their adoption should be entrusted to the Commission. Such amendments should comprise commodity codes, at four-digit heading level or six-digit subheading level of the current version of Annex I to the Harmonised Commodity Description and Coding System.

(13) The measures necessary for the implementation of this Regulation should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(1) with a distinction being made between those measures which are subject to the regulatory committee procedure and those which are subject to the management committee procedure, the management committee procedure being in certain cases, with a view to increased efficiency, the more appropriate,

HAS ADOPTED THIS REGULATION:

CHAPTER I U.K. SUBJECT MATTER AND DEFINITIONS

Article 1 U.K.

1. This Regulation establishes a F1 ... set of rules for the import of certain timber products [F2 into Great Britain] for the purposes of implementing the FLEGT licensing scheme.

2. The licensing scheme shall be implemented through Partnership Agreements with timber producing countries.

3. This Regulation shall apply to imports of timber products set out in Annexes II and III from partner countries [F3 listed in Annex 1].

Textual Amendments

F1 Word in Art. 1(1) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(2)(a)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 1(1) inserted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(2)(a)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(a)); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 1(3) inserted (5.1.2021) by The FLEGT Licensing Scheme (Council Regulation (EC) No 2173/2005) (Amendment) Regulations 2021 (S.I. 2021/2), regs. 1, 3(2)

Article 2 U.K.

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 [F4 Great Britain] from partner countries and its implementation in [F4 Great Britain], in particular in F5 ... provisions on [F6 import] controls;

2.

‘partner country’ means any State or regional organisation that enters into a Partnership Agreement [F7 , as listed in Annex 1];

3.

‘Partnership Agreement’ means an agreement between the [F8 United Kingdom] and a partner country by which the [F8 United Kingdom] and that partner country undertake to work together F9 ... 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 [F10 , as listed in Annex 1];

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.

[F11 “competent authority” means the Secretary of State;]

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 [F12 Great Britain], cannot be qualified as ‘goods of a non-commercial nature’ F13 ...;

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 [F14 Great Britain];

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 [F15 Great Britain];

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.

15.

[F16 “goods of a non-commercial nature” means goods whose entry into Great Britain is on an occasional basis and whose nature and quantity indicate that they are intended for the private, personal or family use of the consignees or persons carrying them, or which are clearly intended as gifts;

16.

“customs authorities” means the Commissioners for Her Majesty's Revenue and Customs.]

Textual Amendments

F4 Words in Art. 2(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(a)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(b)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F5 Word in Art. 2(1) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(a)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F6 Word in Art. 2(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(a)(iii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in Art. 2(2) inserted (5.1.2021) by The FLEGT Licensing Scheme (Council Regulation (EC) No 2173/2005) (Amendment) Regulations 2021 (S.I. 2021/2), regs. 1, 3(3)(a)

F8 Words in Art. 2(3) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(c)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F9 Words in Art. 2(3) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(c)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Words in Art. 2(4) inserted (5.1.2021) by The FLEGT Licensing Scheme (Council Regulation (EC) No 2173/2005) (Amendment) Regulations 2021 (S.I. 2021/2), regs. 1, 3(3)(b)

F11 Art. 2(8) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(e) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F12 Words in Art. 2(9) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(f)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(b)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F13 Words in Art. 2(9) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(f)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F14 Words in Art. 2(11) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(g) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(b)(iii)); 2020 c. 1, Sch. 5 para. 1(1)

F15 Words in Art. 2(13) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(h) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(b)(iv)); 2020 c. 1, Sch. 5 para. 1(1)

F16 Art. 2(15)(16) inserted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(3)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(b)(v)); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER II U.K. FLEGT LICENSING SCHEME

Article 3 U.K.

1. The FLEGT licensing scheme shall apply only to imports from partner countries.

2. Each Partnership Agreement shall specify an agreed schedule for implementing the commitments entered into by that Agreement.

Article 4 U.K.

1. Imports into [F17 Great Britain] of timber products exported from partner countries shall be prohibited unless the shipment is covered by a FLEGT licence.

[F18 2. In order to provide the necessary assurance as to the legality of the timber products concerned, the [F19 Secretary of State] shall assess existing schemes that guarantee the legality and reliable tracking of timber products exported from partner countries, and [F20 by regulations approve any such scheme].

The schemes approved by the [F21 Secretary of State] may form the basis of a FLEGT licence.

3. Timber products of species listed in Annexes A, B and C to Council Regulation (EC) No 338/97(2) shall be exempt from the requirement laid down in paragraph 1 of this Article.

F22 ...]

Textual Amendments

F17 Words in Art. 4(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(4)(a) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(c)); 2020 c. 1, Sch. 5 para. 1(1))

F18 Substituted by Regulation (EU) No 657/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 2173/2005 as regards the delegated and implementing powers to be conferred on the Commission.

F19 Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(2)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F20 Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F21 Words in Art. 4(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

F22 Words in Art. 4(3) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(4)(b) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

Article 5 U.K.

1. A FLEGT licence covering each shipment shall be available to the competent authority at the same time as the customs declaration for that shipment is presented for release for free circulation in [F23 Great Britain]. The [F24 competent authority] shall keep a record — in electronic or paper format — of the original FLEGT licence together with the corresponding customs declaration.

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.

F25 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3. The [F26 competent authority] shall grant to the persons or bodies designated by partner countries as being responsible for the third party monitoring of the FLEGT licensing scheme access to the relevant documents and data, but the [F26 competent authority] shall not be required to provide any information which [F27 it is] not permitted to communicate pursuant to [F28 any enactment or rule of law].

4. The [F29 competent authority] shall decide on the need for further verification of shipments using a risk-based approach.

5. In case of doubt as to the validity of the licence, the [F30 competent authority] may ask the licensing authorities for additional verification and seek further clarification, as set out in the Partnership Agreement with the exporting partner country.

F31 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7. Customs authorities may suspend the release of or detain timber products where they have reason to believe that the licence may not be valid. Costs incurred while the verification is completed shall be at the expense of the importer, except where the [F32 Secretary of State] determines otherwise.

F33 8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F34 9. The Secretary of State may, by regulations, make provision—

(a) for the information to be produced in a licence,

(b) for the form of such a licence, and

(c) in relation to the acceptance and verification of licences, including in relation to the inspection of shipments.]

Textual Amendments

F23 Words in Art. 5(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(a)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(d)); 2020 c. 1, Sch. 5 para. 1(1)

F24 Words in Art. 5(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(a)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F25 Art. 5(2) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(b) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F26 Words in Art. 5(3) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(c)(i) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F27 Words in Art. 5(3) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(c)(ii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F28 Words in Art. 5(3) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(c)(iii) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F29 Words in Art. 5(4) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(d) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F30 Words in Art. 5(5) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(d) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F31 Art. 5(6) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(e) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F32 Words in Art. 5(7) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(f) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F33 Art. 5(8) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(5)(g) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F34 Art. 5(9) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(3); 2020 c. 1, Sch. 5 para. 1(1)

F35 Article 6 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 Art. 6 omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(6) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

F36 Article 7 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F36 Art. 7 omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(6) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[F37 Article 8 U.K.

1. [F38 The Secretary of State must prepare and publish,] at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year.

[F39 2. The first report under this Article must be published on or before 30 April 2022.]

F40 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F37 Substituted by Regulation (EU) 2019/1010 of the European Parliament and of the Council of 5 June 2019 on the alignment of reporting obligations in the field of legislation related to the environment, and amending Regulations (EC) No 166/2006 and (EU) No 995/2010 of the European Parliament and of the Council, Directives 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/EU of the European Parliament and of the Council, Council Regulations (EC) No 338/97 and (EC) No 2173/2005, and Council Directive 86/278/EEC (Text with EEA relevance).

F38 Words in Art. 8(1) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(7)(a) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(e)(i)); 2020 c. 1, Sch. 5 para. 1(1)

F39 Art. 8(2) substituted (31.12.2020) by The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(7)(b) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)(3)(e)(ii)); 2020 c. 1, Sch. 5 para. 1(1)

F40 Art. 8(3) omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(7)(c) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

CHAPTER III U.K. GENERAL PROVISIONS

F41 Article 9 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F41 Art. 9 omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(8) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[F18 Article 10 U.K.

[F42 1. The Secretary of State may, by regulations, insert an Annex 1 into this Regulation listing the partner countries and their designated licensing authorities.]

2. The [F43 Secretary of State may, by regulations,] amend the list of timber products as set out in Annex II to which the FLEGT licensing scheme applies. [F44 When making regulations under this paragraph, the Secretary of State] shall take into account the implementation of the FLEGT Partnership Agreements. Such amendments shall comprise commodity codes, at four-digit heading level or six-digit subheading level of the current version of Annex I to the Harmonised Commodity Description and Coding System.

3. The [F45 Secretary of State may, by regulations,] amend the list of timber products as set out in Annex III to which the FLEGT licensing scheme applies. [F46 When making regulations under this paragraph, the Secretary of State] shall take into account the implementation of the FLEGT Partnership Agreements. Such amendments shall comprise commodity codes, at four-digit heading level or six-digit subheading level of the current version of Annex I to the Harmonised Commodity Description and Coding System and shall only apply in relation to the corresponding partner countries as set out in Annex III.]

Textual Amendments

F18 Substituted by Regulation (EU) No 657/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 2173/2005 as regards the delegated and implementing powers to be conferred on the Commission.

F42 Art. 10(1) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F43 Words in Art. 10(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F44 Words in Art. 10(2) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F45 Words in Art. 10(3) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(4)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)

F46 Words in Art. 10(3) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(4)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F47 Article 11 U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F47 Art. 11 omitted (31.12.2020) by virtue of The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(5); 2020 c. 1, Sch. 5 para. 1(1)

[F48 Article 11a U.K.

1. Regulations made under this Regulation are to be made by statutory instrument.

2. A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

3. Such regulations may—

(a) contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b) make different provision for different purposes.]

Textual Amendments

F48 Art. 11a substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 3(6); 2020 c. 1, Sch. 5 para. 1(1)

Article 12 U.K.

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

F49 ...

Textual Amendments

F49 Words in Signature omitted (31.12.2020) by virtue of The Timber and Timber Products and FLEGT (EU Exit) Regulations 2018 (S.I. 2018/1025), regs. 1(1), 4(9) (as amended by S.I. 2020/1315, regs. 1(2), 2(2)(b)); 2020 c. 1, Sch. 5 para. 1(1)

[F50 ANNEX I U.K. PARTNER COUNTRIES AND THEIR DESIGNATED LICENSING AUTHORITIES

Textual Amendments

F50 Annex 1 inserted (5.1.2021) by The FLEGT Licensing Scheme (Council Regulation (EC) No 2173/2005) (Amendment) Regulations 2021 (S.I. 2021/2), regs. 1, 3(4)

Partner country	Designated licensing authority
The Republic of Indonesia	Licence Information Unit Ministry of Environment and Forestry Indonesia]

ANNEX II U.K.

Timber products to which the FLEGT licensing scheme applies irrespective of the partner country

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 U.K.

Timber products to which the FLEGT licensing scheme applies only in relation to the corresponding partner countries

a OJ L 150, 20.5.2014, p. 252 .
b 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.]
[F51 Partner country	HS heading	Description
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’) a , 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 b
	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).

Textual Amendments

F51 Substituted by Commission Delegated Regulation (EU) 2016/1387 of 9 June 2016 amending Annexes I and III to Council Regulation (EC) No 2173/2005 following a Voluntary Partnership Agreement with Indonesia for a FLEGT licensing scheme for imports of timber into the European Union.

(1)

OJ L 184, 17.7.1999, p. 23.

(2)

[F18 Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade ( OJ L 61, 3.3.1997, p. 1 ).]

Textual Amendments

F18 Substituted by Regulation (EU) No 657/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 2173/2005 as regards the delegated and implementing powers to be conferred on the Commission.