ANNEX VSupplementary provisions
ANNEX V REQUIREMENTS FOR ISSUING FLEGT LICENSES CHAPTER 1 FORMALITIES FOR THE ISSUE OF LICENCES Article 1 1. The FLEGT licence is the document issued by the devolved departments of the Ministry responsible for forests at the exit points from Cameroon identified for this purpose. 2. The FLEGT licences shall be signed by the FLEGT licence issuing authorities designated for that purpose. 3. The FLEGT licence issuing authorities are those responsible for the structures identified; they may be: — the regional representatives, — the departmental representatives, — the managers of the control and hunting posts. Article 2 The FLEGT licence shall be issued on the basis of a file comprising the following documents: — a stamped application, detailing: — the surnames, first names, nationality, profession and domicile of the person applying for the licence, if this is a natural person, — the company name, registered office, name of the chief executive, if this is a legal entity, — a copy of the inherently valid certificate of legality of the title from which the timber originates, — a specification bulletin of the timber or timber and derived products to be exported. Article 3 1. A FLEGT licence issued at the point of lading certifies the legality of the timber and timber products (with respect to the legality matrix, traceability and the national forestry and wildlife system) and permits them to be exported to the Union market. 2. The procedure involves: — the ongoing transmission of virtual information or secure documents between the forestry entities and the competent forestry departments (documentary traceability), — the online exchange of information between the central department responsible for legality at Yaoundé and the devolved departments of the Ministry responsible for forests, using a single use numbering system and automatic recording in the central database (computer system administering forestry information – SIGIF II and electronic traceability). CHAPTER 2 TAXES Article 4 Every FLEGT licence issued shall give rise to the payment of a FLEGT stamp; the amount and methods for the use such stamps shall be laid down in a specific act drawn up by the Minister responsible for forests. CHAPTER 3 REQUIREMENTS RELATING TO FLEGT LICENCES Article 5 1. A FLEGT licence may be paper-based or an electronic licence. 2. Both paper-based and electronic licences shall contain the particulars specified in Appendix 1, in accordance with the explanatory notes set out in Appendix 2. Article 6 1. The FLEGT licence shall be valid for a single shipment from its issue date. 2. The period of validity of the FLEGT licence shall not exceed 6 months. The date of expiry shall be indicated in the licence. 3. After its expiry, the FLEGT licence shall be considered as void. The licensing authority may decide to extend the period of validity by 3 months. To that end the licensing authority shall correct and validate the new expiry date. 4. A FLEGT licence shall cease to be valid and will be returned to the licensing authority if the timber and derived products concerned have deteriorated prior to their shipment. Article 7 Paper-based licences shall conform to the format set out in Appendix 1. Article 8 1. The FLEGT licence shall be made out using a form adopted by the Parties and described in Appendices 1 and 2. 2. The paper size shall be A4, with four copies. 3. The colour of the paper used for the each copy of the form shall be as follows: (a) white for the ‘Original, for the applicant’; (b) orange for the 2nd copy ‘Copy for the Cameroon customs’; (c) yellow for the 3rd copy ‘Copy for the EU customs’; (d) green for the 4th copy ‘Copy for the archives of the issuing department’. Article 9 1. The licences shall be completed using a typewriter or computer. They may also be completed by hand, provided the forms are self-copying. 2. 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 be substituted for the licensing authority stamp. The licensing authority shall use any tamper-proof method to record the quantity allocated in such a way as to make it impossible to insert figures or references. 3. The licences shall be printed and completed in English or French. Article 10 1. The licence shall be drawn up in quadruplicate. 2. The first copy (white), marked ‘Original’, shall, after being completed, signed and stamped by the licensing authority, be given to the applicant for submission to the competent authorities of the Member State of the Union in which the shipment covered by that licence is declared for release for free circulation. 3. The second copy (orange), marked ‘Copy for Cameroon customs’, shall be given to the applicant for submission to the Cameroon customs authorities. 4. The third copy (yellow) marked ‘copy for EU customs’ shall be given to the applicant for submission to the customs authorities of the Member State of the Union in which the shipment covered by the licence is declared for release for free circulation. 5. The fourth copy (green) marked ‘Copy for the archives of the issuing department’ shall be archived by the licensing department. CHAPTER 4 FLEGT LICENCE LOST, STOLEN OR DESTROYED Article 11 1. In the event of the loss, theft or destruction of the original or the copies for customs, the importer or his authorised representative may apply to the licensing authority for a replacement on the basis of the document in his possession. 2. In the event of the loss, theft or destruction of both the original and the copies for customs the applicant or his authorised representative may apply to the licensing authority for a replacement of both. 3. The licensing authority shall issue the replacement(s) within 1 month following receipt of the request from the applicant. 4. The replacements shall contain the information and entries appearing on the licence they replace, including the licence number. 5. The replacement licence shall bear the word ‘DUPLICATE’. 6. If the lost or stolen licence is retrieved, it shall not be used and must be returned to the licensing authority. PROCEDURES IN THE EVENT OF RESERVATIONS REGARDING THE AUTHENTICITY OF A LICENCE Article 12 1. In the event of reservations regarding the regularity of a FLEGT licence or of its replacement, the competent authority in the Union shall ask the licensing authority for verification. Only the response from the licensing authority shall be authoritative. 2. If it considers it necessary, the licensing authority may ask the competent authority to send it a copy of the licence or the replacement in question. 3. If the licensing authority considers it necessary, it shall withdraw the licence and issue a corrected copy bearing the references of the cancelled document, which it shall transmit to the competent authority of the Union. 4. If the validity of the licence is confirmed, the licensing authority shall notify the competent authority of this, preferably electronically, and return the copies of the licence. 5. The copies thus returned shall bear the endorsement ‘Validated on …’ validated/authenticated by stamp. 6. In the event that the licence in question is not valid, the licensing authority shall notify the competent authority of the Union thereof, preferably by electronic means. TECHNICAL SPECIFICATIONS WITH REGARD TO A COMPUTERISED FLEGT LICENCE Article 13 1. The FLEGT licence may be issued and used by means of computerised systems. 2. In the Member States of the Union which are not linked to the computerised system, a paper-based licence shall be made available.