Article 3
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.
Council Regulation (EC) No 2173/2005 CHAPTER II — FLEGT LICENSING SCHEME
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Article 4
1. Imports into the Community of timber products exported from partner countries shall be prohibited unless the shipment is covered by a FLEGT licence. 2. Existing schemes that guarantee the legality and reliable tracking of timber products exported from partner countries may form the basis of a FLEGT licence on condition that those schemes have been assessed and approved in accordance with the procedure referred to in Article 11(2), in order to provide the necessary assurance as to the legality of the timber products concerned. 3. Timber products of species listed in Annexes A, B and C to Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein ( 4 ) shall be exempt from the requirement laid down in paragraph 1 of this Article. The Commission shall review this exemption, in accordance with the procedure referred to in Article 11(3), by 30 December 2010.
Article 5
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 the Community. The competent authorities 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. 2. The competent authorities shall provide the Commission, or persons or bodies designated by the Commission, with access to the relevant documents and data, should problems arise which impair the effective operation of the FLEGT licensing scheme. 3. The competent authorities 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 competent authorities shall not be required to provide any information which they are not permitted to communicate pursuant to their national law. 4. The competent authorities 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 competent authorities may ask the licensing authorities for additional verification and seek further clarification, as set out in the Partnership Agreement with the exporting partner country. 6. Member States may collect fees to cover the necessary expenses arising from official acts by competent authorities required for control purposes under this Article. 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 Member State concerned determines otherwise. 8. Each Member State shall determine the penalties to be imposed where the provisions of this Regulation are infringed. Such penalties shall be effective, proportionate and dissuasive. 9. The Commission shall adopt detailed requirements for application of this Article in accordance with the procedure referred to in Article 11(3).
Article 6
1. If competent authorities establish that the requirement laid down in Article 4(1) is not fulfilled, they shall act in accordance with national legislation in force. 2. Member States shall notify the Commission of any information suggesting that the provisions of this Regulation are being, or have been, circumvented.
Article 7
1. Member States shall designate the competent authorities responsible for implementing this Regulation and for communicating with the Commission. 2. The Commission shall provide all competent authorities of the Member States with the names and other relevant details of the licensing authorities designated by partner countries, authenticated specimens of stamps and signatures attesting that a licence has been legally issued, and any other relevant information received in respect of licences.
Article 8
1. Member States shall be required to submit by 30 April an annual report covering the previous calendar year, which shall include the following: (a) quantities of timber products imported into the Member State under the FLEGT licensing scheme, as per HS Heading specified in Annexes II and III and per each partner country; (b) the number of FLEGT licences received, as per HS Heading specified in Annexes II and III and per each partner country; (c) the number of cases and quantities of timber products involved where Article 6(1) has been applied. 2. The Commission shall lay down a format for annual reports in order to facilitate monitoring of the FLEGT licensing scheme. 3. The Commission shall prepare by 30 June an annual synthesis report based on the information submitted by the Member States in their annual reports covering the previous calendar year and shall make it accessible to the public in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents ( 5 ) .
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