ANNEX VSupplementary provisions
ANNEX V CONDITIONS GOVERNING THE ISSUANCE AND SPECIFICATIONS OF FLEGT LICENCES CHAPTER 1 APPLICATION FORMALITIES Congo has undertaken, within the framework of the FLEGT process to which it has signed up, to make the exporting of its timber to the Union subject to a FLEGT licence. This means that those producing and trading in exported timber have to adopt FLEGT requirements. Responsibility for supervising the verification of legality for the purposes of granting FLEGT licences for the exporting of timber and derived products to the Union will be conferred on the General Forestry Economy Inspectorate. The procedure for obtaining FLEGT licences consists of two successive steps: 1. an application for a legality certificate sent to the General Forestry Economy Inspectorate; A. Following this application, the General Forestry Economy Inspectorate organises a legality verification inspection comprising the following steps: — verification planning meeting, — documentary analysis, — on-site inspection, — discussion with the stakeholders (and partner authorities concerned), — verification report. B. If the conditions have been met, the General Forestry Economy Inspectorate sends the applicant a legality certificate valid for twelve (12) months. 2. an application for a FLEGT licence for a given shipment, e-mailed to the General Forestry Economy Inspectorate. If the applicant submits a valid legality certificate, the General Inspectorate will consult the SIGEF database looked after by the General Forest Economy Office, take into account the opinion of the SCPFE (Department for the Control of Forestry Products for Export), verify the completeness of the database relating to this shipment and the absence of any block, keep written evidence of it and order the SCPFE to issue the FLEGT licence and send it to the applicant. However, shipment legality verification inspections can be carried out on a one-off basis. The procedure for granting licences will be laid down during the system development phase, then communicated by the IGEF to the interested parties, in particular potential exporters, and published on a website. CHAPTER 2 FEES The granting of a licence is subject to payment of a fee the level and payment terms of which will be laid down by an order of the Minister responsible for the Forest Economy. CHAPTER 3 REQUIREMENTS RELATING TO FLEGT LICENCES Article 1 1. A FLEGT licence is paper-based. 2. The licence shall provide the information mentioned in Appendix 1, in accordance with the notes for guidance set out in Appendix 2. Article 2 1. The FLEGT licence is to become valid on its actual day of issue. 2. The period of validity of the FLEGT licence shall not exceed nine (09) months. The date of expiry shall be indicated in the licence. 3. After its expiry the licence shall be considered as void. 4. The FLEGT licence shall cease to be valid and will be returned to the licensing authority if the timber products covered have been destroyed. REQUIREMENTS RELATING TO PAPER-BASED FLEGT LICENCES Article 3 Paper-based licences shall conform to the format set out in Appendix 1. Article 4 1. The paper to be used is standard A4 format. 2. The colour of the paper to be used for the form shall be as follows: (a) white for form No 1, the ‘Original’; (b) yellow for form No 2, the ‘Copy for Union customs’; (c) green for form No 3, the ‘Copy for the licensing authority’. Article 5 1. The licences shall be completed on a computer or typewriter. 2. The stamps of the licensing authority shall be applied by means of a dry metal stamp. The licensing authority shall use any tamper-proof method to record the quantities allocated in letters and figures in such a way as to make it impossible to insert figures or additional comments. 3. The form may not contain any erasures or alterations, unless those erasures or alterations have been authenticated by the stamp and signature of the licensing authority. 4. The licences shall be printed and completed in French. Article 6 1. The licence shall be drawn up in triplicate, two copies being issued to the applicant. 2. The first copy, 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 one, marked ‘Copy for the European Community customs’, shall, after being completed, signed and stamped by the licensing authority, be given to the applicant for submission to the customs authorities of the Member State of the Union in which the shipment covered by that licence is declared for release for free circulation. 4. The third one, marked ‘Copy for the licensing authority’, shall, after being completed, signed and stamped by the licensing authority, be archived by the licensing authority. FLEGT LICENCE LOST, STOLEN OR DESTROYED Article 7 1. In the event of loss, theft or destruction of the ‘Original’ or the ‘Copy for the Union customs’, the holder or the authorised representative thereof may apply to the licensing authority for a replacement on the basis of the document in their possession. 2. In the event of loss, theft or destruction of both the ‘Original’ and the ‘Copy for the Union customs’, the holder or authorised representative thereof may apply to the licensing authority for replacements of both. 3. The licensing authority shall issue the replacement(s) within two (2) weeks following receipt of the request from the holder. 4. The replacements shall contain the information and entries appearing on the previous licence, including the number. The replacement licence shall bear the endorsement ‘Duplicate’. 5. If the duplicate is lost, stolen or destroyed, no further replacement shall be issued. 6. If the lost or stolen licence is retrieved, it shall not be used and must be returned to the licensing authority. DOUBTS REGARDING THE VALIDITY OF THE LICENCE Article 8 1. Where, in case of doubt regarding the validity of the licence or a replacement, the competent authorities have requested additional verification, the licensing authority shall confirm the granting of the licence in writing and provide the necessary information. 2. If it considers it necessary, the licensing authority may ask the competent authorities 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 which will include the endorsement ‘Duplicate’ authenticated by stamp and forward it to the competent authorities. 4. If the validity of the licence is confirmed, the licensing authority shall notify the competent authorities of this, preferably electronically, and return the copies of the licence. The copies thus returned shall bear the endorsement ‘Validated on …’ validated/authenticated by stamp. 5. If the licence in question is not valid, the licensing authority shall notify the competent authorities of this, preferably electronically.