ANNEX IIISupplementary provisions
ANNEX III Conditions governing the release for free circulation in the Union of timber products exported from Liberia and covered by a FLEGT license GENERAL FRAMEWORK Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community ( 1 ) and its Implementing Regulation ( 2 ) govern the conditions for entry into the Union market for timber and derived products covered by a FLEGT license from Liberia. These Regulations provide for adaptation of detailed procedures to national conditions and, in particular, envision different possibilities for the competent authorities responsible for accepting FLEGT licenses on entry into the Union market, which may be a customs authority or another national authority. For this reason, the description of the process divides verification into two steps: (1) checks on license documents and (2) physical checks for the conformity of the actual shipment to the license. This procedure is intended to supplement the checks carried out by Liberia and to verify that FLEGT licenses presented on entry into the Union are indeed those duly issued and registered by the Liberian licensing authority and cover the shipments intended by the Liberian authorities. The competent authorities have no mandate to challenge the Liberian legality assurance system or the validity of licenses. Such concerns may be dealt with by the Joint Implementation Committee (JIC), in accordance with Articles 10, 19 and 24 of this Agreement. Article 1 Lodging of the license 1. The license shall be lodged with the competent authority of the Union Member State in which the shipment covered by that license is declared for release for free circulation ( 3 ) . This may be done electronically or by other expeditious means. 2. The competent authorities referred to in paragraph 1 shall, in accordance with the applicable national procedures, inform the customs authorities as soon as a license has been accepted. Article 2 Checks on validity of license documentation 1. Paper licenses shall conform to the model described in Annex IV. Any license that does not meet the requirements and specifications set out in Annex IV shall be invalid. 2. A license shall be considered void if it is lodged on a date later than the expiry date indicated in the license. 3. Any erasures from or alterations to a license shall not be accepted unless such erasures or alterations have been validated by the licensing authority. 4. Extension of the validity of a license shall not be accepted unless that extension has been validated by the licensing authority. 5. A duplicate or replacement license shall not be accepted unless it has been issued and validated by the licensing authority. Article 3 Requests for additional information 1. In case of doubt concerning the validity or authenticity of a license, a duplicate or a replacement license, the competent authorities may request additional information from the licensing authority. 2. A copy of the license, the duplicate or the replacement license in question may be forwarded together with the request. 3. If necessary, the licensing authority shall withdraw the license and issue a corrected copy, which shall be authenticated by the stamped endorsement ‘Duplicate’ and forwarded to the competent authority. Article 4 Verification of the conformity of the license with the shipment 1. If further verification of the shipment is considered necessary before the competent authorities can decide whether a license can be accepted, checks may be carried out to establish whether the shipment in question conforms to the information provided in the license and to the records relating to the relevant license which are held by the licensing authority. 2. Where the volume or weight of the timber products contained in the shipment presented for release for free circulation does not deviate by more than 10 % from the volume or weight indicated in the corresponding license, the shipment shall be considered to conform to the information provided in the license as far as volume or weight is concerned. 3. In case of doubt about whether the shipment conforms with the FLEGT license, the competent authority concerned may seek further clarification from the licensing authority. 4. The licensing authority may request the competent authority to send a copy of the license or the replacement in question. 5. If necessary, the licensing authority shall withdraw the license and issue a corrected copy, which shall be authenticated by the stamped endorsement ‘Duplicate’ and forwarded to the competent authority. 6. If the competent authority receives no answer within 21 calendar days of the request for further clarification, as provided for in Article 10 of this Agreement, the competent authority shall not accept the license and shall act in accordance with the applicable legislation and procedures. 7. A license shall not be accepted if it has been established, where necessary after provision of additional information in accordance with Article 3 of this Annex or a further investigation in accordance with Article 4 of this Annex, that the license does not correspond to the shipment. Article 5 Verification prior to the arrival of the shipment 1. A license may be lodged before the arrival of the shipment it covers. 2. A license shall be accepted if it meets all the requirements set out in Annex IV and no further verification in accordance with Articles 3 and 4 of this Annex is deemed necessary. Article 6 Other matters 1. Costs incurred while the verification is being completed shall be at the expense of the importer, except where the applicable legislation and procedures of the Member State of the Union concerned determine otherwise. 2. Where persistent disagreements or difficulties arise from verification of FLEGT licenses, the matter may be referred to the JIC. Article 7 Release for free circulation 1. In box 44 of the Single Administrative Document on which the customs declaration for release for free circulation is made, reference shall be made to the number of the license that covers the timber products subject to the declaration. 2. Where the customs declaration is made by computerised means, the reference shall be provided in the appropriate box. 3. Timber products shall be released for free circulation only after completion of the procedures described in this Annex. ( 1 ) OJ L 347, 30.12.2005, p. 1 . ( 2 ) Commission Regulation (EC) No 1024/2008 of 17 October 2008 laying down detailed measures for the implementation of Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community ( OJ L 277, 18.10.2008, p. 23 ). ( 3 ) Release for free circulation is an Union customs procedure. Under Article 129(2) and (3) of Regulation (EC) No 450/2008 of the European Parliament and of the Council of 23 April 2008 laying down the Community Customs Code (Modernised Customs Code), release for free circulation entails: (a) the collection of any import duties due; (b) the collection, as appropriate, of other charges, as provided for under relevant provisions in force relating to the collection of those charges; (c) the application of commercial policy measures and prohibitions and restrictions insofar as they have not been applied at an earlier stage (in this case, it is among these measures that the existence of a FLEGT license will be verified); and (d) completion of the other formalities laid down in respect of the importation of the goods. Release for free circulation confers on non-Community goods the customs status of Community goods.