ANNEX IVSupplementary provisions
ANNEX IV REQUIREMENTS AND TECHNICAL SPECIFICATIONS FOR FLEGT LICENSES Article 1 General requirements relating to FLEGT licenses 1. FLEGT licenses may be in paper or electronic form. 2. Both licenses on paper and electronic licenses shall provide the information specified in Appendix 1, in accordance with the notes for guidance set out in Appendix 2. 3. FLEGT licenses shall become valid on the date on which they are issued. 4. FLEGT licenses shall be numbered in a manner that distinguishes between licenses intended for the Union and those intended for non-Union markets. 5. The period of validity of FLEGT licenses shall not exceed six months. The expiry date shall be indicated on the license. 6. After the license expires, it shall be considered void. The licensing authority may, at its discretion, extend the period of validity for an additional three months period. Upon such extension, the licensing authority shall insert and validate the new expiry date. 7. FLEGT licenses shall cease to be valid and shall be returned to the licensing authority if the timber products covered by the license are lost or destroyed during shipment prior to arrival in the Union. Article 2 Technical specifications with regard to FLEGT licenses on paper 1. Licenses on paper shall conform to the format set out in Appendix 1. 2. The paper size shall be standard A4. The paper shall have watermarks showing various logos, including a Liberian emblem that shall be embossed on the paper in addition to the seal. 3. The licenses shall be completed using a typewriter or computer. They may be completed by hand, if necessary. 4. 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 replace the licensing authority stamp. 5. The licensing authority shall use a tamper-proof method to record the quantity allocated in such a way as to make it impossible to insert figures or references. 6. The form shall contain no erasures or alterations, unless those erasures or alterations have been authenticated by the stamp and signature of the licensing authority. 7. The licenses shall be printed and completed in English. Article 3 Copies of FLEGT licenses 1. The licenses shall be drawn up in five copies using the colour paper indicated as follows: (a) White, form number 1, marked ‘Original’; (b) Yellow, copy number 2, marked ‘Copy for EU customs authority’; (c) Pink, copy number 3, marked ‘Copy for the licensing authority’; (d) Green, copy number 4, marked ‘Copy for Liberia customs’; (e) Blue, copy number 5, marked ‘Copy for licensee’. 2. The ‘Original’ shall be given to the licensee to be forwarded to the importer for submission to the competent authority of the Union Member State in which the shipment covered by that license is declared for release for free circulation. 3. The second copy, marked ‘Copy for EU customs authority’, shall be given to the licensee to be forwarded to the importer for submission to the customs authorities of the Union Member State in which the shipment covered by that license is declared for release for free circulation. 4. The third copy, marked ‘Copy for the licensing authority’, shall be retained by the licensing authority for its records and future verification of licenses issued. 5. The fourth copy, marked ‘Copy for Liberia customs’, shall be given to the Liberia customs authorities for their records and for exportation purposes. 6. The fifth copy, marked ‘Copy for the licensee’, shall be given to the licensee for its records. Article 4 FLEGT licenses lost, stolen or destroyed 1. In the event of loss, theft or destruction of the ‘Original’ and/or of the ‘Copy for EU customs’, the licensee or its authorised representative may apply to the licensing authority for a replacement, providing justification of the loss of the original and/or copy. 2. The licensing authority shall issue a replacement within one month following receipt of the request from the licensee. 3. The replacement shall contain the information and entries appearing on the license it replaces, including the license number. The replacement license shall bear the endorsement ‘Replacement license’. 4. In the event that the lost or stolen license is retrieved, it shall not be used and must be returned to the licensing authority. Article 5 Technical specifications with regard to electronic FLEGT licenses 1. FLEGT licenses may be issued and processed using electronic systems. 2. In Member States of the Union which are not linked to an electronic system, a license on paper shall be made available. Article 6 Treatment of doubts regarding the validity of a license 1. In case of doubt concerning the validity or authenticity of a license, a duplicate or a replacement license, the competent authority in the Union may request additional information from the licensing authority. 2. If considered necessary, the licensing authority may ask the competent authority to send a copy of the license or the replacement in question. 3. If the licensing authority considers it necessary, it shall withdraw the license and issue a corrected copy, which shall be authenticated by the stamped endorsement ‘Duplicate’ and forwarded to the competent authority. 4. If the validity of the license is confirmed, the licensing authority shall notify the competent authority forthwith, preferably by electronic means. The copies returned shall be authenticated by the stamped endorsement ‘Validated on’. 5. In the event that the license in question is not valid, the licensing authority shall notify the competent authority forthwith, preferably by electronic means.