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EU FLEGT Action Plan

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EU FLEGT Action Plan EU FLEGT Action Plan FLEGT = Forest Law Enforcement Governance and Trade 1. What is the EU FLEGT Action Plan? The EU FLEGT Action Plan is a set of measures adopted by the EU in 2003 for both EU and timber producer countries to fight illegal logging worldwide and promote Sustainable Forest Management. The measures focus on 7 broad areas: Note that people commonly talk about “FLEGT” referring to measure n°2 only - Voluntary Partnership Agreements (VPAs). In reality, FLEGT includes much more than only VPAs! 2. Voluntary Partnership Agreements (VPAs) VPAs are legally binding bilateral agreements between the European Union and timber exporting countries, which aim to guarantee that the wood exported to the EU is from legal sources and to support exporting countries in improving their own regulation and governance of the forestry sector. 2.1. Legality Assurance System (LAS) At the centre of each VPA is a Legality Assurance System (LAS). Its function is to identify, monitor and license legally produced timber, and ensure that only legal timber is exported to the European Union. A robust LAS consists of five key elements: Nr Element Commonly simplified as Features 1 Clear definition of legal timber VPA legality standard or • outlines legislative and regulatory requirements to be FLEGT legality checklist systematically fulfilled and verified before a FLEGT license can be issued (“Grille de légalité”) • development involves many stakeholders (industry, NGOs etc.) to ensure wide consensus 2 Mechanism to control the timber National timber tracking • to ensure timber entering supply chain originates from legal supply chains system sources and that timber flows are controlled throughout the whole supply chain (forest=>transport=>storage=>processing=>export) 3 Verification of compliance to • governmental or non-governmental bodies that element 1&2 systematically verify the legality of timber for the EU market o eg. in Indonesia, private certification bodies accredited by the National Accreditation Committee respecting international ISO standards audit companies against legality definition o eg. In Cameroon, the Ministry of Forestry and Wildlife checks compliance of companies against legality definition (the independent auditor – see element 5 – should discover any potential issues if the Ministry doesn’t do its job properly) 4 Licensing of legally produced FLEGT licenses • National Licensing Authorities issue FLEGT licenses to timber and timber products for individual export consignments if they have passed the LAS exports verification tests (element 1-3) 5 Independent audit of the LAS to Independent auditor appointed by Government and approved ensure the system is fully by Joint Committee has to: implemented • Check LAS implementation • Identify non-compliances/system failures • Report on findings The summary of each audit report must be made publicly available. A mandatory Joint Implementation Committee (JIC) made up of representatives of the Partner Country, the European Commission and Member States has to facilitate and monitor the implementation of the VPA. 2 3 2. FLEGT Regulation vs. EU Timber Regulation The EU has adopted the FLEGT Regulation in 2008. This Regulation aims at controlling the entry of timber products into the EU market from countries that have signed VPAs with the European Union. It makes it illegal to import certain types of timber into the EU from VPA countries unless that timber has been licensed by the VPA exporting country (FLEGT-licensed) and complies with the requirements of the national Legality Assurance System (LAS – see section 2.1). In simplified terms, the FLEGT Regulation ensures Voluntary Partnership Agreements have a legal basis within the EU and only FLEGT- licensed timber can enter the EU market from VPA countries once VPAs are fully implemented. Note that the FLEGT Regulation is NOT the same as the EU Timber Regulation! The two Regulations interact only insofar as the EU Timber Regulation specifically identifies FLEGT-licensed timber as fully meeting its requirements. This provides a strong incentive for timber exporting countries to agree VPAs with the EU. This document is for informational purposes only. Persons seeking legal advice on compliance with the FLEGT Regulation or the EU Timber Regulation should consult with a legal professional. 4 Indonesia Cameroon Republic of Congo Central African Liberia Ghana Republic Progress stage Text agreed upon 4 May 2011; Signed on 6 Oct 2010, Signed on 17 May 2010, yet Text agreed on 21 Dec Signed on 26 July Signed on 20 Nov 2009; yet to be officially signed ratified by Parliament in to be ratified by Parliament 2010; yet to be officially 2011; yet to be ratified ratified by Parliament in Aug 2011 signed & ratified by Parliament March 2010 Product scope All types of products All types of products Logs, sawn wood, plywood, All types of products All types of products All types of products wood veneers, parquet, particle boards, timber frames, tools, wooden furniture, wood with an energy-based use (charcoal, briquettes and pellets, fuel wood) LAS applied to all products destined for export, not only to EU countries LAS applied to Yes Yes Yes No, but CAR intends to Yes, but implementation Yes products for introduce LAS to the of LAS for domestic domestic domestic market after the market will be phased in market as well start of the licensing process Role of private Only private forests certified Certified or legally verified Certified or leg ally verified CAR will develop an CAR will develop an No role certification against Sustainable Forest companies have to companies have to present approval procedure for approval procedure for schemes within Management schemes are present their certificate to their certificate to the certification and legality certification schemes to LAS automatically considered to be the government to obtain a government to obtain verification schemes to ensure consistency with compliant with the legality one-year, renewable FLEGT certificate of legality ensure consistency with LAS. Operators certified definition. ‘legality certificate’ without without further verification. LAS. against such an further verification. Prior to Prior to this automatic The intention is to avoid approved scheme will this automatic recognition, recognition, private duplication of controls. be able to submit private certification certification schemes will their certificate to the schemes however will however need to undergo Legality Verification need to undergo an an evaluation by IGEF to Department as evaluation by the ensure consistency with evidence that they are Cameroon Government to LAS. complying with the ensure consistency with Liberian legality LAS. definition. Key features of • Contains an official national • National tracking • National tracking system • Requirements of • National tracking LAS definition of legal and system being developed being developed by legality standard lay system will be based sustainable timber by consortium SGS - consorti um SGS - between VLO and VLC on existing system • “Legal timber” slightly more Helvetas Helvetas requirements LiberFor demanding than private VLO • Requirements of legality • Requirements of legality • Requirements of standard (between VLO and standard lay between standard lay between legality standard lay VLC) VLO and VLC VLO and VLC between VLO and • Government institution requirements requirements VLC requirements accredits private certification bodies to audit companies against the legality standard • Forest concessions as well as community forests have as a minimum to comply with legality definition. • Processing units have to comply with CoC legality definition and to have traceability systems in place FLEGT Jan 2013 January 2013 March 2013 2014 End of 2014 End of 2012 licenses expected in Europe 6 .
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