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6.4.2011 Official
Journal
of
the
European
Union L
92/127
VOLUNTARY PARTNERSHIP AGREEMENT
between the European Union and the Republic of the Congo on forest law enforcement,
governance and trade in timber and derived products to the European Union (FLEGT)
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
and
THE REPUBLIC OF THE CONGO, hereinafter referred to as ‘Congo’,
hereinafter referred to together as ‘the Parties’,
IN VIEW OF the close working relationship between the Union and Congo, particularly in the context of the Partnership
Agreement between Members of the African, Caribbean and Pacific Group of States, of the one part, and the European
Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 ( 1 ), revised in Luxembourg on
25 June 2005, hereinafter referred to as the ‘Cotonou Agreement’,
CONSIDERING the communication from the Commission to the Council and the European Parliament on an EU Action
Plan for Forest Law Enforcement, Governance and Trade (FLEGT) ( 2 ) is a first step towards tackling the urgent issue of
illegal logging and associated trade,
REFERRING to the Yaoundé Ministerial Declaration on Forest Law Enforcement and Governance in Africa of 16 October
2003,
AWARE of the importance of the principles set out in the Convention on Biological Diversity signed in June 1992 in Rio
de Janeiro, and in the 1992 Rio de Janeiro Declaration in the context of securing sustainable forest management, and in
particular of Principle 10 concerning the importance of public awareness and participation in environmental issues and of
Principle 22 concerning the vital role of indigenous peoples and communities and other local communities in environ
mental management and development, and of the United Nations Declaration on the Rights of Indigenous Peoples of
13 September 2007,
REFERRING to the Convention on International Trade in Endangered Species of Wild Flora and Fauna (CITES) and in
particular the requirement that CITES export permits issued by the Parties for specimens of species listed in Annex I, II or
III be granted only under certain conditions, including that such specimens were not obtained in contravention of the
laws of that State for the protection of fauna and flora,
CONSIDERING the importance attached by the Parties to development objectives agreed at international level and to the
Millennium Development Goals of the United Nations,
CONSIDERING the importance attached by the Parties to the principles and rules which govern multilateral trading
systems, in particular the rights and obligations in GATT 1994 and in other multilateral agreements establishing the
World Trade Organisation (WTO) and to the need to apply them in a transparent and non-discriminatory manner,
REFERRING to Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing
scheme for imports of timber into the European Community ( 3 ),
CONSIDERING that the Congolese system for verifying the legality of timber and derived products applies to all exports
and not just those intended for the Union,
CONSIDERING Congo’s desire to work towards the sustainable management of forest resources pursuant to international
agreements and treaties, in particular the Treaty of 5 February 2005 on the conservation and sustainable management of
forest ecosystems establishing the Central Africa Forests Commission, to the constitutional provisions of 20 January 2002
and to Law 16-2000 of 20 November 2000 setting out the forestry code,
( 1 ) OJ L 317, 15.12.2000, p. 3.
( 2 ) COM(2003) 251 final, 21.5.2003.
( 3 ) OJ L 347, 30.12.2005, p. 1.

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L 92/128
EN
Official Journal of the European Union
6.4.2011
HEREBY AGREE AS FOLLOWS:
(f) ‘Licensing authority’ means the authority designated to issue
and validate FLEGT licences;
Article 1
Objective
(g) ‘Competent authorities’ means the authorities designated by
the Member States of the Union to receive, accept and verify
The objective of this Agreement, consistent with the Parties’
FLEGT licences;
common commitment to the sustainable management of all
types of forest, is to provide a legal framework aimed at
ensuring that all timber and derived products covered by this
Agreement that are imported into the Union from Congo have
(h) ‘Shipment’ means a quantity of timber and derived products
been legally produced and in doing so to promote trade in this
covered by a FLEGT licence that is sent by a consignor or a
timber and these derived products.
shipper and is presented for release for free circulation at a
customs office in the Union;
In addition, this Agreement provides a basis for dialogue and
cooperation between the Parties to facilitate and promote the
full implementation of this Agreement and enhance forest law
(i) ‘Legally produced timber’ is deemed to be any timber from
enforcement and governance.
acquisition, production and marketing processes that meets
all of the statutory and regulatory provisions in force in
Congo applicable to forest management and logging as
Article 2
set out in Annex II.
Definitions
For the purposes of this Agreement, the following definitions
shall apply:
Article 3
FLEGT licensing scheme
1. A
‘Forest
Law
Enforcement,
Governance
and
Trade
(a) ‘Import into the Union’ means the release for free circu
licensing scheme’ (hereinafter referred to as ‘FLEGT licensing
lation of timber and derived products into the Union
scheme’) is hereby established between the Parties to this
within the meaning of Article 79 of Council Regulation
Agreement. It establishes a set of procedures and requirements
(EEC) No 2913/92 of 12 October 1992 establishing the
aimed at verifying and attesting, by means of FLEGT licences,
Community Customs Code
( 1 ) and which cannot be
that timber and derived products shipped to the Union were
qualified as ‘goods of a non-commercial nature’ as defined
legally produced. In accordance with Regulation (EC)
in point 6 of Article 1 of Commission Regulation (EEC)
No 2173/2005, the Union shall only accept such shipments
No 2454/93 of 2 July 1993 laying down provisions for
from Congo for import into the Union if they are covered by
the implementation of Regulation (EEC) No 2913/92 estab
FLEGT licences.
lishing the Community Customs Code ( 2 );
(b) ‘Export’ means the physical leaving or taking out of timber
2. The
FLEGT
licensing
scheme
shall
apply
to
the
timber
and
and derived products from any part of the geographical
derived products listed in Annex I.
territory of Congo, except for timber and derived products
in transit through Congolese territory under the control of
the customs authorities of Congo;
Article 4
Licensing authority
(c) ‘Timber and derived products’ means the products listed in
Annex I;
1. Congo
shall
designate
the
licensing
authority
and
notify
contact details of the licensing authority to the European
Commission. Both Parties shall make this information
available to the public.
(d) ‘HS nomenclature’ means a six digit code as set out in the
Harmonised Commodity Description and Coding System
established by the International Convention on the
Harmonised Commodity Description and Coding System
2. The
licensing
authority
will
verify
that
timber
and
derived
of the World Customs Organisation;
products have been legally produced in accordance with the
legislation identified in Annex II. According to the terms set
out in Annex III, it will issue FLEGT licences covering shipments
(e) ‘FLEGT licence’ means a licence which refers to a shipment
of timber and derived products that have been legally produced,
of legally produced timber or derived products;
acquired or imported in Congo and are for export to the Union
and any documentation required for timber and derived
( 1 ) OJ L 302, 19.10.1992, p. 38.
products in transit through Congolese territory under the
( 2 ) OJ L 253, 11.10.1993, p. 1.
control of the customs authorities of Congo.

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EN
6.4.2011 Official
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3. The
licensing
authority
shall
not
issue
FLEGT
licences
for
Article 6
any timber and derived products that are composed of, or
include, timber and derived products imported into Congo
FLEGT licences
from a third country unless it has been proven that this
1. FLEGT
licences
shall
be
issued
by
the
licensing
authority
timber and these derived products, imported in accordance
as a means of attesting that timber and derived products have
with the terms specified in Annex III, have been produced
been legally produced.
and exported pursuant to the laws of the third country
concerned.
2. FLEGT
licences
shall
be
laid
out
on
a
French
form.
4. The
licensing
authority
shall
maintain
and
make
publicly
available its procedures for issuing FLEGT licences. The licensing
authority shall also maintain records of all shipments covered
3. The
Parties
may,
by
agreement,
establish
an
electronic
by FLEGT licences and, consistent with national legislation
system for the issuing, transmission and receipt of FLEGT
concerning data protection, shall make these records available
licences.
for the purposes of an independent audit, while respecting the
confidentiality of information regarding exporters’ industrial
property.
4. The
procedure
for
issuing
FLEGT
licences
and
the
technical specifications are set out in Annex V.
Article 5
Competent authorities of the Union
Article 7
1. The
European
Commission
shall
inform
Congo
of
the
contact details of the competent authorities designated by the
Legality matrices
Member States of the Union.
For the purposes of this Agreement, documentation including
criteria and indicators that shall serve as proof of compliance
with such regulations, called legality matrices, is given in
2. The
competent
authorities
shall
verify
that
each
shipment Annex II.
is the subject of a valid FLEGT licence prior to releasing that
shipment for free circulation in the Union. The release for free
circulation of the shipment may be suspended and the shipment
detained where there are doubts regarding the validity of the
Article 8
FLEGT licence. The procedures governing release for free circu
Verifying the legality of timber
lation in the Union for shipments covered by a FLEGT licence
are described in Annex IV.
1. Congo
shall
implement
a
system
for
verifying
that
timber
and derived products for shipment have been legally produced
and that only shipments verified as such are exported to the
Union. The verification system should include checks of
3. The
competent
authorities
shall
maintain
and
publish compliance in order to provide assurance that the timber and
annually a record of FLEGT licences received.
derived products destined for export to the Union have been
legally produced and that FLEGT licences are not issued in
respect of shipments of timber and derived products that
have not been legally produced or are of unknown origin.
4. According
to
national
legislation
on
data
protection,
the The system shall also include procedures to ensure that
competent authorities shall grant persons and bodies designated
timber of illegal or unknown origin does not enter the supply
by Congo as Independent Auditor access to the relevant
chain.
documents and data.
2. The system for verification that shipments of timber and
5. The
competent
authorities
of
the
Union
shall
refrain
from derived products have been legally produced is set out in
the action described in Article 5(2) for timber and derived
Annex III.
products produced from species listed under the Appendices
of the Convention on International Trade in Endangered
Species of Wild Fauna and Flora (CITES) to the extent that
these are covered by the provisions for verification set out in
Article 9
Council Regulation (EC) No 338/97 of 9 December 1996 on
the protection of species of wild fauna and flora by regulating
Application of the system for verifying the legality of all
trade therein (
timber and derived products produced in Congo

1 ). The FLEGT licence scheme shall nonetheless
provide assurance of the legal harvesting of these products.
Congo shall use the system for verifying the legality of timber
and derived products in respect of all timber and derived
( 1 ) OJ L 61, 3.3.1997, p. 1.
products irrespective of the intended market.

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L 92/130
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Official Journal of the European Union
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Article 10
Article 13
Consultation on the validity of licences
Date of introduction of the FLEGT licensing scheme
1. If
any
doubt
arises
as
to
the
validity
of
a
licence,
the 1. The Parties shall notify each other through the Joint
competent authority concerned may ask the licensing
Implementation Committee of the Agreement when they
authority for additional information. If no answer is received
consider they have made all the necessary preparations for the
from the licensing authority within 21 calendar days, the
FLEGT licensing scheme to become fully operational.
competent authority shall act in accordance with applicable
national legislation and shall not accept the licence. If,
following the provision of additional information, it is estab
lished that information on the licence does not correspond to
2. The
Parties,
through
the
Joint
Implementation
Committee
the shipment, the competent authority shall act in accordance
of the Agreement, shall commission an independent assessment
with applicable national legislation and shall not accept the
of the FLEGT licensing scheme using the criteria set out in
licence.
Annex VII. The assessment will determine whether the legality
assurance system underpinning the FLEGT licensing scheme as
described in Annex III adequately fulfils its functions and
2. Where
persistent
disagreements
or
difficulties
arise
in whether the procedures for receiving, verifying and accepting
consultations concerning FLEGT licences, the matter may be
FLEGT licences, as set out in Article 5 and Annex IV, are in
referred to the Joint Implementation Committee of the
place in the Union.
Agreement.
3. On the basis of the recommendations of the Joint Imple
Article 11
mentation Committee of the Agreement, the two Parties shall
agree on a date from which the FLEGT licensing scheme should
Independent auditor
start full operation.
1. The Parties shall agree on the need to call on the services
of an independent auditor at agreed intervals to check the
performance and efficiency of the FLEGT licensing scheme as
Article 14
set out in Annex VI.
Schedule for implementation of the Agreement
1. The
Parties
hereby
agree
to
the
implementation
schedule
2. The
independent
auditor
shall
submit
its
observations
to set out in Annex VIII.
the Parties in reports in accordance with the procedure
described in Annex VI.
2. The
Parties,
working
through
the
Joint
Implementation
3. The
Parties
shall
facilitate
the
work
of
the
independent Committee of the Agreement, shall evaluate progress in imple
auditor, including by ensuring that the latter has access to
mentation with reference to the schedule set out in Annex VIII.
information as required in territories of both Parties in order
to carry out its functions. However, the Parties, in accordance
with the respective legislation on data protection, can keep any
information that they are not allowed to disclose.
Article 15
Other relevant measures
Article 12
1. The
Parties
hereby
agree
on
the
following
as
other
relevant measures set out in Annex IX of this Agreement:
Irregularities
The Parties shall inform each other if they suspect or have
found evidence of any circumvention of, or irregularities
(a) increasing the capacity of the General Forest Economy
conflicting with, the FLEGT licensing scheme, including in
Inspectorate;
relation to the following:
(b) increasing the capacity of civil society;
(a) circumvention of trade, including by re-direction of trade
from Congo to the Union via a third country where there is
reason to believe that this has been done with the intention
of avoiding applying for a licence;
(c) legislation and regulations to be supplemented;
(b) FLEGT licences being issued for timber and derived products
that include imports of suspicious origin from third
(d) implementing a communication plan;
countries; or
(e) setting up a technical office for the Congolese party
(c) fraud in obtaining or using FLEGT licences.
responsible for monitoring the Agreement.

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6.4.2011 Official
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2. The
Parties
have
identified
the
areas
set
out
in
Annex
IX 2. The
Parties
shall
monitor
the
impact
of
this
Agreement
on
as those in which there is a need for additional technical and
those communities, while taking reasonable steps to mitigate
financial resources in order to implement this Agreement.
any adverse effects. The Parties may agree on additional
measures to address such adverse effects.
3. The
provision
of
such
additional
resources
shall
be
subject
Article 18
to the normal procedures for programming aid to Congo in the
Union and the Member States of the Union as well as the
Market incentives
budgetary procedures of Congo itself.
Taking into account its international obligations, the Union
shall strive to promote favourable access to its market for the
timber and derived products covered by this Agreement. Such
4. The
Parties
shall
consider
the
need
for
a
joint
arrangement efforts shall include:
by which financing and technical contributions of the European
Commission and the Member States of the Union are coor
dinated to support these processes.
(a) the encouragement of public and private procurement
policies that recognise efforts to ensure a supply of legally
harvested forest produce, in particular timber and derived
products; and
5. Congo
shall
ensure
that
strengthening
its
capacity
to
implement this Agreement is included in national planning
instruments, such as poverty reduction strategies.
(b) the promotion of FLEGT-licensed products within the Union
market.
6. The
Parties
shall
ensure
that
activities
carried
out
under
Article 19
this Agreement are coordinated with relevant existing and
future development programmes and initiatives.
Joint implementation committee of the Agreement
1. The Parties shall establish a Joint Implementation
Committee of the Agreement to facilitate the monitoring and
review of this Agreement. It also facilitates dialogue and the
7. The
provision
of
such
resources
is
subject
to
the exchange of information between the Parties.
procedures governing Union aid as set out in the Cotonou
Agreement and those governing bilateral aid given to Congo
by Member States of the Union.
2. Each
Party
shall
name
its
representatives
on
the
Joint
Implementation Committee of the Agreement, which shall
take its decisions by consensus.
Article 16
Stakeholder involvement in the implementation of the
3. The
Joint
Implementation
Committee
of
the
Agreement:
Agreement
1. Congo shall involve the stakeholders in the implemen
(a) shall meet at least twice a year on dates and at places agreed
tation of this Agreement in accordance with the international
by the Parties;
and subregional commitments it has signed up to, in particular
the Convention on Biological Diversity of June 1992 and the
Treaty of 5 February 2005 on the conservation and sustainable
(b) shall prepare the agenda for its work and terms of reference
management of forest ecosystems establishing the Central Africa
for joint actions;
Forests Commission.
(c) shall establish its own rules of procedure;
2. The
Union
shall
hold
regular
consultations
with
stake
holders on the implementation of this Agreement, taking into
(d) shall preside over its meetings by a co-chair arrangement;
account its obligations under the 1998 Aarhus Convention on
access to information, public participation in the decision-
making process and access to justice in environmental matters.
(e) shall ensure that its work is as transparent as possible and
that information about its work and decisions is made
available to the public;
Article 17
Social safeguards
(f) may set up working groups or other subsidiary bodies for
areas of work requiring specific expertise;
1. In
order
to
minimise
any
adverse
impacts,
the
Parties
hereby agree to develop a better understanding of the
livelihoods of potentially affected indigenous and local commu
(g) publishes an annual report. Details of the content of this
nities, including those engaged in illegal logging.
report are given in Annex X.

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L 92/132
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Official Journal of the European Union
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4. The
specific
functions
of
the
Joint
Implementation (a) the number of FLEGT licences issued by Congo and received
Committee of the Agreement are described in Annex XI.
by the Union and the volume of timber and derived
products exported from Congo and received by the Union;
5. In the period between the signing of the Agreement and
its entry into force, a joint mechanism for dialogue and moni
(b) the names and addresses of licence holders and of
toring shall be set up to facilitate implementation of the
importers.
Agreement.
Article 23
Article 20
Territorial application
Communication on implementation of the Agreement
This Agreement shall apply to the territory in which the Treaty
1. The
representatives
of
the
Parties
responsible
for
official on the Functioning of the European Union is applied under the
communications concerning implementation of this Agreement
conditions laid down in that Treaty, on the one hand, and to
are:
the territory of Congo, on the other.
For Congo For
the
European
Union
Article 24
Minister of Sustainable Devel Head of the Union Delegation in
Settlement of disputes
opment, Forestry Economy and Congo
Environment
1. The
Parties
shall
seek
to
resolve
any
dispute
concerning
the application or interpretation of this Agreement through
early consultation.
2. The
Parties
shall
provide
one
another
with
the
information
necessary for implementing this Agreement.
2. If
a
dispute
has
not
been
settled
by
means
of
consultation
within 3 months from the date of the initial request for consul
tation, either Party may refer the dispute to the Joint Implemen
Article 21
tation Committee of the Agreement, which shall endeavour to
Reporting and public disclosure
settle it. The Committee shall be provided with all relevant
information for an in-depth examination of the situation with
1. Public disclosure of information is one of the key
a view to finding an acceptable solution. To this end, the
provisions of this Agreement for promoting governance.
Committee shall be required to examine all possibilities
Information facilitates the implementation and monitoring of
enabling the effective implementation of this Agreement to be
the system, increasing transparency. Information also allows
maintained.
better provision of accounts and greater accountability of the
various parties involved. The information that will be divulged
and made available to the public is specified in Annex X.
3. In the event that the Joint Implementation Committee of
the Agreement is unable to settle the dispute, the Parties may:
2. Each
Party
shall
consider
the
most
appropriate
mechanism
(media, documents, Internet, workshops, annual reports) for
publishing the information. In particular, the Parties shall
(a) jointly seek the good offices of, or request mediation by, a
endeavour to provide the various stakeholders associated with
third party;
the forestry industry with reliable, relevant and up-to-date
information. These mechanisms are described in Annex X.
(b) seek arbitration. If the dispute cannot be settled in
accordance with paragraph 3(a), either Party may notify
Article 22
the other of the appointment of an arbitrator; the other
Party must then appoint a second arbitrator within 30
Confidential information
calendar days of the appointment of the first arbitrator.
1. Each Party agrees to maintain, to the extent required
The Parties shall jointly appoint a third arbitrator within
under its laws, the confidentiality of confidential information
two months of the appointment of the second arbitrator.
exchanged under this Agreement. Neither Party shall disclose
The arbitrators’ decisions shall be taken by majority vote
to the public, nor permit its authorities to disclose to the
within six months of the third arbitrator being appointed.
public, information exchanged under this Agreement that
The award shall be binding on the Parties without right of
constitutes trade secrets or confidential commercial information.
appeal.
2. Subject
to
paragraph
1,
the
following
information
shall 4. The
Joint
Implementation
Committee
of
the
Agreement
not be considered confidential:
establishes the working procedures for arbitration.

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Article 25
Article 28
Suspension
Entry into force
1. Either
Party
may suspend
the application
of this 1. This
Agreement
shall
enter
into
force
on
the
first
day
of
Agreement. The decision on suspension and the reasons for
the month following the date on which the Parties notify each
that decision shall be notified to the other Party in writing.
other in writing of the completion of the procedures necessary
for this purpose.
2. The conditions of this Agreement shall cease to apply 30
calendar days after such notice is given.
2. Notification
shall
be
sent
to
the
Secretary-General
of
the
3. Application
of
this
Agreement
shall
resume
30
calendar Council of the European Union and to the Congo Ministry of
days after the Party that has suspended its application informs
Foreign Affairs and French-Speaking Countries, who shall be the
the other Party that the reasons for the suspension no longer
joint depositaries for the Agreement.
apply.
Article 26
Article 29
Amendments
Duration and extension
1. Either
Party
wishing
to
amend
this
Agreement
shall This Agreement shall remain in force for a period of seven years
present the proposal at least 3 months before the next
and shall be extended for consecutive periods of five years,
meeting of the Joint Implementation Committee of the
unless a Party renounces the extension by notifying the other
Agreement. The latter shall discuss the proposal and, if
Party in writing at least one year before expiry of the
consensus is achieved, it shall make a recommendation. Each
Agreement.
Party shall consider the recommendation and, subject to its
agreement, it shall approve it in accordance with its own
procedures.
Article 30
2. Any
amendment
so
approved
by
both
Parties
shall
enter
Notice of termination of the Agreement
into force on the first day of the month following the date on
Notwithstanding Article 29, either Party may terminate this
which the Parties notify each other of the completion of the
Agreement by notifying the other Party in writing. This
procedures necessary for this purpose.
Agreement shall cease to apply 12 months after the date of
such notification.
3. The
Joint
Implementation
Committee
of
the
Agreement
may adopt amendments to the annexes to this Agreement.
Article 31
4. Notification
of
any
amendment
shall
be
sent
to
the
joint
Authentic texts
depositaries for this Agreement.
This Agreement shall be drawn up in duplicate in the Bulgarian,
Czech, Danish, Dutch, English, Estonian, Finnish, French,
Article 27
German, Greek, Hungarian, Italian, Latvian, Lithuanian,
Annexes
Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian,
Spanish and Swedish languages, each of these texts being
The annexes to this Agreement shall form an integral part
authentic. In case of divergence of interpretation, the French
thereof.
text shall prevail over the other language texts.

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L 92/134
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Official Journal of the European Union
6.4.2011
Съставено в Брюксел на седемнайсети май две хиляди и десета година.
Hecho en Bruselas, el diecisiete de mayo de dos mil diez.
V Bruselu dne sedmnáctého května dva tisíce deset.
Udfrdiget i Bruxelles den syttende maj to tusind og ti.
Geschehen zu Brüssel am siebzehnten Mai zweitausendzehn.
Kahe tuhande kümnenda aasta maikuu seitsmeteistkümnendal peval Brüsselis.
γινε στι Βρυξλλε, στι δκα εφτ Μαου δο χιλιδε δκα.
Done at Brussels on the seventeenth day of May in the year two thousand and ten.
Fait à Bruxelles, le dix-sept mai deux mille dix.
Fatto a Bruxelles, addì diciassette maggio duemiladieci.
Briselē, divi tūkstoi desmitā gada septipadsmitajā maijā
Priimta du tūkstaniai deimt met gegus septyniolikt dien Briuselyje.
Kelt Brüsszelben, a kétezer-tizedik év május havának tizenhetedik napján.
Magmul fi Brussell, fis-sbatax-il jum ta’ Mejju tas-sena elfejn u gaxra.
Gedaan te Brussel, de zeventiende mei tweeduizend tien.
Sporzdzono w Brukseli dnia siedemnastego maja roku dwa tysice dziesitego.
Feito em Bruxelas, em dezassete de Maio de dois mil e dez.
ntocmit la Bruxelles, la aptesprezece mai dou mii zece.
V Bruseli da sedemnásteho mája dvetisícdesa.
V Bruslju, dne sedemnajstega maja leta dva tiso deset.
Tehty Brysseliss seitsemntentoista pivn toukokuuta vuonna kaksituhattakymmenen.
Som skedde i Bryssel den sjuttonde maj tjugohundratio.

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EN
6.4.2011 Official
Journal
of
the
European
Union L
92/135
За Европейския съюз
Por la Unión Europea
Za Evropskou unii
For Den Europiske Union
Für die Europische Union
Euroopa Liidu nimel
Για την Ευρωπακ νωση
For the European Union
Pour l’Union européenne
Per l’Unione europea
Eiropas Savienības vārdā –
Europos Sjungos vardu
Az Európai Unió részérl
Gall-Unjoni Ewropea
Voor de Europese Unie
W imieniu Unii Europejskiej
Pela Unio Europeia
Pentru Uniunea European
Za Európsku úniu
Za Evropsko unijo
Euroopan unionin puolesta
Fr Europeiska unionen
За Република Конго
Por la República de Congo
Za Konskou republiku
For Republikken Congo
Für die Republik Kongo
Kongo Vabariigi nimel
Για τη Δημοκρατα του Κονγκ
For the Republic of Congo
Pour la Répubique du Congo
Per la Repubblica del Congo
Kongo Republikas vārdā
Kongo Respublikos vardu
A Kongói Kztársaság részérl
Gar-Repubblika tal-Kongo
Voor de Republiek Congo
W imieniu Republiki Konga
Pela República do Congo
Pentru Republica Congo
Za Konskú republiku
Za Republiko Kongo
Kongon tasavallan puolesta
Fr republiken Kongo

---

L 92/136
EN
Official Journal of the European Union
6.4.2011
ANNEX I
LIST OF PRODUCTS SUBJECT TO FLEGT LICENSING
The following products are subject to FLEGT licensing:
HS codes Description
of
the
goods
4403
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared
4406 Railway
or
tramway
sleepers
(cross-ties)
of
wood
4407
Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-
jointed, of a thickness exceeding 6 mm
4408
Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for
other similar laminated wood and other wood sawn lengthwise, sliced or peeled, whether or not
planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm
4412 Plywood,
veneered
panels
and
similar
laminated
wood
44 09
Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped
(tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along
any of its edges, ends or faces, whether or not planed, sanded or end-jointed
44 01 10
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms
44 01 30
Sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or
similar forms
44 02 90
Wood charcoal (including shell or nut charcoal), whether or not agglomerated
44 10 11 Particle
boards
44 14 00 Wooden
frames
for
paintings,
photographs,
mirrors
or
similar
objects
44 15 10 Cases,
boxes,
crates,
drums
and
similar
packings;
cable-drums
of
wood
44 15 20
Pallets, box pallets and other load boards of wood; pallet collars of wood
44 17 00
Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts
and trees of wood
44 18 10
Builders’ joinery and carpentry of wood: windows, French-windows and their frames
44 18 20
Builders’ joinery and carpentry of wood: doors and their frames and thresholds
44 18 90 Builders’
joinery
and
carpentry
of
wood:
parquet
panels
94 03 30 Wooden
furniture
of
a
kind
used
in
offices
94 03 40 Wooden
furniture
of
a
kind
used
in
kitchens
94 03 50 Wooden
furniture
of
a
kind
used
in
the
bedroom
94 03 60 Other
wooden
furniture

---

EN
6.4.2011 Official
Journal
of
the
European
Union L
92/137
ANNEX II
LEGALITY MATRICES FOR TIMBER SOURCED FROM NATURAL FORESTS AND FOREST PLANTATIONS IN
CONGO
Introduction
Annex II of the Voluntary Partnership Agreement consists of the following:
— a matrix for assessing the legality of timber produced in natural forests,
— a matrix for assessing the legality of timber produced in forest plantations.
These two matrices for assessing legality therefore cover all timber and derived products produced and sold in Congo ( 1 ).
Legality is defined as follows:
Any timber from acquisition, production and marketing processes that meet all of the statutory and regulatory provisions
in force in Congo applicable to forest management and logging is deemed to be legal.
The legality matrices constitute the basic document for verifying legality.
The legality matrices have been produced as part of a participative process involving representatives of stakeholders in the
sustainable management of forests, namely: the public sector, the private sector and civil society in Congo. These matrices
were also tested on the ground in February 2009 in order to verify the relevance of indicators and verifiers and make
improvements to them.
Any amendment of statutory and regulatory provisions will result in a corresponding amendment of the legality matrices.
Proposed amendments of this Annex, together with supporting evidence, will be submitted for approval to the Joint
Implementation Committee of the Agreement in accordance with Annex XI of this Agreement.
It should be emphasised that the management plan for each forestry concession will be adopted under a separate decree.
That is why the details of these regulations cannot be given in the legality matrices.
Besides the logging, processing and trade of timber, the legality matrices take the following into account in accordance
with the definition of legality:
— conditions stipulated for the existence of a forestry company,
— compliance with tax rules,
— environmental protection and conservation,
— worker conditions,
— the involvement of local and indigenous populations and respect for their rights,
— provisions governing the transporting of timber.
All logging rights, as defined under Articles 65 to 70 of law 16-2000, are covered by the legality matrices:
— the management and processing agreement (CAT),
— the industrial processing agreement (CTI),
— plantation timber harvesting permits,
— special permits (PS).
( 1 ) The case of Eucalyptus Fibre Congo is currently the only exception, pending adjustment (cf. Annex IX). Here, State plantations covering
around 48 000 ha were transferred in April 2008 for management by EFC under a long lease. For this purpose, the intention is to
adopt the legislation setting out the conditions of transfer of plantations to third parties. Ultimately, the legality of this timber and these
derived products will be shown in the legality matrix for timber produced in plantations.

---

L 92/138
EN
Official Journal of the European Union
6.4.2011
1. Legality matrix for timber produced in natural forests in Congo
The legality matrix for timber produced in natural forests consists of 5 principles, 23 criteria, 65 indicators and 162
verifiers.
The matrix for timber produced in natural forests includes timber produced in any logging operations:
— the exploitation of annual harvesting sites (annual harvest licence, completion licence, clearing licence),
— logging by special permit,
— the construction of main evacuation roads or minor roads within forestry concessions and the installation of base
camps and industrial sites on the basis of an installation licence,
— the completion of development projects relating to the construction of social and economic infrastructures (roads,
hydroelectric dams, etc.). This is timber harvesting by deforestation licence.

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6.4.2011 Off
Reference of the legislation or regulations Articles Type
of
permit
Principle 1:
The company legally exists in Congo.
Criterion 1.1:
The company is properly registered with the competent authorities.
EN
Indicator 1.1.1: The company is properly registered with the economic, fiscal and judicial authorities.

Verifier 1.1.1.1. Trading licence —
decree
No
2008-446
of
15
November
2008 1,
3
and
9 CAT,
CTI,
PS
Verifier 1.1.1.2. Business, credit and real estate register —
law
19-2005
of
24
November
2005 18
and
40 CAT,
CTI
Indicator 1.1.2: The company is properly registered with the social security and employment authorities.
Verifier 1.1.2.1. Certificate of registration with the national social security fund (CNSS) —
law
No
004/86
of
25
February
1986 172 CAT,
CTI
icial
Jour
— law 19-2005 of 24 November 2005 18
and
40 CAT,
CTI
nal
of
Verifier 1.1.2.2. Declaration of existence —
law
45/75
of
15
March
1975 181 CAT,
CTI
the
European
— order No 3020/IGT/LS of 29 September 1953 1,
subparagraph
2 CAT,
CTI
Indicator 1.1.3: The company is properly registered with the relevant Forestry Authority.
Union
Verifier 1.1.3.1. Consent —
decree
2002-437
of
31
December
2002 48 CAT,
CTI,
PS
Verifier 1.1.3.2. Licence —
decree
2002-437
of
31
December
2002 48 CAT,
CTI,
PS
Criterion 1.2:
The company is not subject to any judicial decisions or administrative measures resulting in temporary or permanent suspension of its business.
Indicator 1.2.1: The company’s business has not been suspended by a judicial decision.
Verifier 1.2.1.1. Judicial decision —
OHADA
uniform
act
of
10
April
1998
organising
8 CAT,
CTI,
PS
summary debt collection procedures
— law 19-2005 of 24 November 2005 28,
42
and
43 CAT,
CTI,
PS
L
92/139
— law 6-1994 of 1 June 1994 26 CAT,
CTI,
PS

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L 92/140
Reference of the legislation or regulations Articles Type
of
permit
Indicator 1.2.2: The company’s business has not been suspended by an administrative measure.
Verifier 1.2.2.1. Suspension note
— OHADA uniform act relating to general commercial 10 CAT,
CTI
law
EN

— law 6-1994 of 1 June 1994 26 CAT,
CTI
Principle 2:
The company owns legal rights of access to forestry resources in its operation area.
Criterion 2.1:
The certificate of exploitation of forestry resources in the operation area was properly granted by the competent authorities.
Indicator 2.1.1: All steps leading up to the granting of the certificate of exploitation were properly followed by the company including compliance with deadlines stipulated under national laws and
Off
regulations.
icial
Jour
Verifier 2.1.1.1. Call for tenders order —
law
16-2000
of
20
November
2000 73 CAT,
CTI
nal
— decree 2002-437 of 31 December 2002 148 CAT,
CTI
of
the
European
Verifier 2.1.1.2. Minutes of the meeting of the Forestry Commission —
decree
2002-437
of
31
December
2002 164 CAT,
CTI
Verifier 2.1.1.3. Notification of approval of the file by the Forest Economy Director General —
decree
2002-437
of
31
December
2002 165 CAT,
CTI
Union
Indicator 2.1.2: The company has a valid certificate of exploitation.
Verifier 2.1.2.1. Agreement —
law
16-2000
of
20
November
2000 65
and
66 CAT,
CTI
Verifier 2.1.2.2. Special permit —
law
16-2000
of
20
November
2000 77 PS
Criterion 2.2:
The company holds all periodic licences allowing it to carry out its business.
Indicator 2.2.1: All the steps leading up to the granting of installation, annual harvest, completion and clearing licences have been respected.
Verifier 2.2.1.1. Installation, annual harvest, completion and clearing licence application file —
decree
2002-437
of
31
December
2002 71 CAT,
CTI
6.4.2011
Verifier 2.2.1.2. Verification reports on the annual harvest, completion harvest and control of non- — decree 2002-437 of 31 December 2002 72,
74,
101
and
172 CAT,
CTI
evacuated timber

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6.4.2011 Off
Reference of the legislation or regulations Articles Type
of
permit
Indicator 2.2.2: Installation, annual harvest, completion and clearing licences granted by the relevant department of the Forestry Authority are still valid.
Verifier 2.2.2.1. Installation, annual harvest, completion and clearing licences —
decree
2002-437
of
31
December
2002 74,
75,
101
and
172 CAT,
CTI
EN
Indicator 2.2.3: The documents and other licences periodically provided by economic, financial, fiscal and forestry authorities are still valid.

Verifier 2.2.3.1. Patents —
General
Tax
Code 277
and
314 CAT,
CTI,
PS
Verifier 2.2.3.2. Consent of the authorised customs inspector —
Customs
Regulations 112
to
119 CAT,
CTI
Verifier 2.2.3.3. Consent —
decree
2002-437
of
31
December
2002 48 CAT,
CTI,
PS
Principle 3:
The company involves civil society and local and indigenous populations in the management of its concession and respects the rights of these populations and workers.
icial
Criterion 3.1:
The company involves civil society and local and indigenous populations in the management of its forestry concession.
Jour
nal
Indicator 3.1.1: The company has a mechanism for functional dialogue between the stakeholders with respect to the sustainable management of its concession.
of
the
Verifier 3.1.1.1. Minutes of the meeting of the committee monitoring and reviewing the —
— CAT
European
management plan
Indicator 3.1.2: Local and indigenous populations are sufficiently well informed of their rights and of the management of the forestry concession.
Union
Verifier 3.1.2.1. Minutes of information meetings —
decree
approving
the
management
plan
— CAT
Criterion 3.2:
The company respects the rights, customs and practices of local and indigenous populations in accordance with national legislation and regulations and international conventions.
Indicator 3.2.1: The company respects the customs, practices and rights of local and indigenous populations.
Verifier 3.2.1.1. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
— CAT
Verifier 3.2.1.2. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37
and
81 CAT,
CTI
Indicator 3.2.2: The company meets its commitments with respect to local and indigenous populations.
Verifier 3.2.2.1. Terms and conditions/Memorandum of understanding —
law
16-2000
of
20
November
2000 72
L
CAT,
CTI
92/141
— decree 2002-437 of 31 December 2002 168 CAT,
CTI

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L 92/142
Reference of the legislation or regulations Articles Type
of
permit
Verifier 3.2.2.2. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37
and
81 CAT,
CTI
Verifier 3.2.2.3. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
— CAT
EN
Indicator 3.2.3: If property belonging to local and indigenous populations is destroyed by the company, compensation meets the requirements of applicable legislation and regulations.

Verifier 3.2.3.1. Report —
decree
86/970
of
27
September
1986 10 CAT,
CTI,
PS
Verifier 3.2.3.2. Compensation receipts —
decree
86/970
of
27
September
1986 1
and
9 CAT,
CTI,
PS
Criterion 3.3.:
The company, civil society and local populations have put mechanisms in place for monitoring and settling disputes.
Off
Indicator 3.3.1: A procedure for recording and handling requests and complaints established within the company.
icial
Verifier 3.3.1.1. Minutes of meetings of platforms for dialogue between the company and local — decree approving the management plan
— CAT
Jour
populations.
nal
of
Indicator 3.3.2: Civil society and local and indigenous populations are informed of procedures for managing disputes and are involved in the mechanisms for settling them.
the
European
Verifier 3.3.2.1. Minutes of meetings of platforms for dialogue between the company and local — decree approving the management plan
— CAT
populations.
Union
Criterion 3.4:
The social partners at the company are sufficiently well informed of their rights.
Indicator 3.4.1: The company guarantees freedom of and legal and regulatory means for union activities.
Verifier 3.4.1.1. Existence of staff representatives and union branches —
law
06/96
of
6
March
1996
supplementing
and
new 173 and 210-3 CAT,
CTI
amending certain provisions of law 45/75 of
15 March 1975
Verifier 3.4.1.2. Existence of union premises —
law
06/96
of
6
March
1996
supplementing
and
210-5 CAT,
CTI
amending certain provisions of law 45/75 of
15 March 1975
Verifier 3.4.1.3. Existence of records of complaints and claims —
law
06/96
of
6
March
1996
supplementing
and
210-7 and new 179 CAT,
CTI
amending certain provisions of law 45/75 of
15 March 1975
6.4.2011
— order No 1110/MTFPSS/DGT of 24 June 1996 27 CAT,
CTI

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6.4.2011 Off
Reference of the legislation or regulations Articles Type
of
permit
Indicator 3.4.2: Staff representatives and members of union branches have received various training to help them carry out their functions.
Verifier 3.4.2.1. Memorandum of placement on leave for worker education —
law
06/96
of
6
March
1996 new
179 CAT,
CTI
EN
Indicator 3.4.3: Company employees have access to the various documents relating to labour, employment and social security rights.

Verifier 3.4.3.1. Documents available —
Agreement
No
98
(OIT,
1949)
7 CAT,
CTI
Criterion 3.5:
The company respects workers’ rights.
Indicator 3.5.1: The company meets its commitments with respect to its social partners.
Verifier 3.5.1.1. Minutes of meetings —
order
No
1110/MTFPSS/DGT
of
24
June
1996 26 CAT,
CTI
icial
Indicator 3.5.2: Relations between the company and its employees are formalised in accordance with the provisions of the labour code and the social security code.
Jour
nal
Verifier 3.5.2.1. Employer register signed —
law
45/75
of
15
March
1975 182 CAT,
CTI
of
the
Verifier 3.5.2.2. Employment contract —
law
No
022/88
of
17
September
1988 13
to
16 CAT,
CTI
European
— law 45/75 of 15 March 1975 75 CAT,
CTI
Union
— general order No 3815 of 1 December 1953
6 CAT,
CTI
Verifier 3.5.2.3. Internal rules displayed —
law
No
004/86
of
25
February
1986 172 CAT,
CTI
Verifier 3.5.2.4. List of workers registered with the National Social Security Fund —
law
No
004/86
of
25
February
1986 172 CAT,
CTI
Indicator 3.5.3: The company pays its workers in accordance with employment regulations and legislation and with the applicable collective agreement.
Verifier 3.5.3.1. Pay registers signed —
law
No
45/75
of
15
March
1975 90 CAT,
CTI
Verifier 3.5.3.2. Pay slips —
law
No
45/75
of
15
March
1975 90 CAT,
CTI
Indicator 3.5.4: Worker health and safety conditions comply with applicable legislation and regulations.
L
92/143
Verifier 3.5.4.1. Health and Safety Committee reports —
order
9030
of
10
December
1986
9 CAT,
CTI

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L 92/144
Reference of the legislation or regulations Articles Type
of
permit
Verifier 3.5.4.2. Medical check-up registers —
law
6-96
of
March
1996
supplementing
and
new 145-1 CAT,
CTI
amending certain provisions of law 45/75 of
15 March 1975
— order 9033 of 12 December 1986 22 CAT,
CTI
EN

Verifier 3.5.4.3. Accident in the workplace registers —
law
6-96
of
March
1996
supplementing
and
new 141-2 CAT,
CTI
amending certain provisions of law 45/75 of
15 March 1975
Verifier 3.5.4.4. Safety registers —
law
6-96
of
March
1996
supplementing
and
new 141-2 CAT,
CTI
amending certain provisions of law 45/75 of
15 March 1975
Off
Verifier 3.5.4.5. Reports of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
— CAT
icial
Indicator 3.5.5: The company adheres to the working hours laid down by legislation and regulations.
Jour
nal
Verifier 3.5.5.1. Working hours displayed —
decree
78-361
of
12
May
1978
5
of
CAT,
CTI
the
Verifier 3.5.5.2. Authorisation of overtime by the Departmental Employment Office —
decree
78-361
of
12
May
1978 10
European
CAT,
CTI
Indicator 3.5.6: Worker recruitment meets the conditions laid down under national legislation and by the International Labour Organisation.
Union
Verifier 3.5.6.1. Copy of the job offer sent to National Office of Employment and Labour — law 022-88 of 10 September 1988 9
and
10 CAT,
CTI
(ONEMO)
Verifier 3.5.6.2. Employment contract —
law
022-88
of
10
September
1988 16 CAT,
CTI
Principle 4:
The company complies with legislation and regulations relating to the environment, management, forestry, processing of timber, and tax.
Criterion 4.1.
Environmental impact studies have been carried out in accordance with legal and regulatory requirements and formulated mitigating measures have been implemented.
Indicator 4.1.1: Procedures for carrying out environmental impact studies have been followed.
Verifier 4.1.1.1. Approval of the office carrying out the study —
law
003-91
of
23
April
1991
2 CAT,
CTI
— decree 86/775 of 7 June 1986 1
and
4 CAT,
CTI
6.4.2011
— order 835/MIME/DGE of 6 September 1999 4
and
5 CAT,
CTI

---

6.4.2011 Off
Reference of the legislation or regulations Articles Type
of
permit
Verifier 4.1.1.2. Impact study report —
law
003-91
of
23
April
1991
2 CAT,
CTI
— decree 86/775 of 7 June 1986 1
and
4 CAT,
CTI
EN
Verifier 4.1.1.3. Minutes of the meeting approving the impact study report —
law
003-91
of
23
April
1991
2 CAT,
CTI

Indicator 4.1.2: The measures contained in the approved impact study reports aimed at protecting biodiversity have been carried out.
Verifier 4.1.2.1. Land inspection and audit reports —
law
003-91
of
23
April
1991 39 CAT,
CTI
— order 1450/MIME/DGE of 19 November 1999 16,
17
and
18 CAT,
CTI
Verifier 4.1.2.2. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37
and
82 CAT,
CTI
icial
Verifier 4.1.2.3. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
— CAT
Jour
nal
Indicator 4.1.3: Measures aimed at protecting public health and cleaning up base camps and industrial sites have been carried out.
of
the
Verifier 4.1.3.1. Order approving the personnel of the company’s socio-sanitary centre —
law
45/75
of
15
March
1975 142
and
143 CAT,
CTI
European
— order
No
9033/MTERFPPS/DGEF/DSS
of 12 CAT,
CTI
10 December 1986
Union
Verifier 4.1.3.2. Order authorising performance of the Ministry in charge of health —
order
No
3092
MSP/MEFB
of
9
July
2003
2 CAT,
CTI
Verifier 4.1.3.3. Minutes of meetings of the Health and Safety Committee —
order
No
9030/MTERFPPS/MTERFPPS/DGEF/DSS
of
9 CAT,
CTI
10 December 1986
Verifier 4.1.3.4. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
— CAT
Criterion 4.2:
The provisions of national regulations and legislation and international agreements and conventions ratified by Congo relating to the environment have been observed.
Indicator 4.2.1: The company disposes of waste produced from its activities in accordance with legal and regulatory requirements.
Verifier 4.2.1.1. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37
and
82 CAT,
CTI
Verifier 4.2.1.2. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
— CAT
L
92/145
Indicator 4.2.2: The company meets its commitments regarding the protection of fauna and the prevention of poaching.

---

L 92/146
Reference of the legislation or regulations Articles Type
of
permit
Verifier 4.2.2.1. The company’s internal rules —
law
45/75
of
15
March
1975 74 CAT,
CTI
Verifier 4.2.2.2. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37
and
82 CAT,
CTI
EN
Verifier 4.2.2.3. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
— CAT

Criterion 4.3:
Management documents have been drawn up in accordance with regulatory time-frames and standards and approved by the Forestry Authority and the stakeholders.
Indicator 4.3.1: Inventory reports and supplementary studies and the management plan have been drawn up in accordance with the standards established by the forestry authority and forestry concession
management directives.
Verifier 4.3.3.1. Inventory report —
order
5053/MEF/CAB
of
19
June
2007
5 CAT
Off
icial
Verifier 4.3.3.2. Supplementary study report —
order
5053/MEF/CAB
of
19
June
2007
5 CAT
Jour
Verifier 4.3.3.3. Management plan —
law
16-2000
of
20
November
2000 55
and
56 CAT
nal
of
— decree 2002-437 of 31 December 2002 54 CAT
the
European
Indicator 4.3.2: Inventory reports and supplementary studies have been approved by the forestry authority and the management plan by the stakeholders.
Verifier 4.3.2.1. Minutes of the meeting approving inventory reports and supplementary studies — order
5053/MEF/CAB
of
19
June
2007
5 CAT
Union
Verifier 4.3.2.2. Minutes of the meeting approving the management plan —
order
5053/MEF/CAB
of
19
June
2007
5 CAT
Indicator 4.3.3: Administrative plans and exploitation plans have been approved in accordance with national forestry concession management directives and regulatory provisions by the forestry authority.
Verifier 4.3.3.1. Minutes of the meeting approving the administrative plan —
order
5053/MEF/CAB
of
19
June
2007
5 CAT
Verifier 4.3.3.2. Annual harvest licence —
order
5053/MEF/CAB
of
19
June
2007
8 CAT
— decree 2002-437 of 31 December 2002 68 CAT
Criterion 4.4:
The boundaries of the various subdivisions of the forestry concession are clearly defined and respected.
6.4.2011
Indicator 4.4.1: Forest maps have been produced in accordance with standards approved by the forestry authority and the boundaries shown on the maps are clearly marked and regularly maintained on the
ground in accordance with the applicable regulations.

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6.4.2011 Off
Reference of the legislation or regulations Articles Type
of
permit
Verifier 4.4.1.1. Forest maps —
decree
2002-437
of
31
December
2002 24 CAT,
CTI
Verifier 4.4.1.1. Inspection reports of the Departmental Forest Economy Office and of the Central — decree 2002-437 of 31 December 2002 80,
81 CAT,
CTI
Authority
EN

Indicator 4.4.2: The company carries out all of its logging activities within its concession and inside the boundaries of its annual harvesting sites.
Verifier 4.4.2.1. Annual harvest licence —
decree
2002-437
of
31
December
2002 81,
82 CAT,
CTI
Verifier 4.4.2.2. Inspection reports of the Departmental Forest Economy Office and of the Central — decree 2002-437 of 31 December 2002 80
and
81 CAT,
CTI
Authority
Verifier 4.4.2.3. Activity reports of the Departmental Forest Economy Office and of the Central — decree 2002-437 of 31 December 2002 82 CAT,
CTI
Authority
icial
Jour
Criterion 4.5:
Roads have been built in accordance with the rules on activities in forest areas.
nal
Indicator 4.5.1: The road network has been planned, mapped and opened in accordance with regulatory requirements and the management plan.
of
the
Verifier 4.5.1.1. Management plan —
law
16-2000
of
20
November
2000 55,
56 CAT
European
Verifier 4.5.1.2. Exploitation plan —
decree
2002-437
of
31
December
2002 24 CAT
Union
— decree 2002-437 of 31 December 2002 68 CAT,
CTI
— order 5053/MEF/CAB of 19 June 2007
8 CAT,
CTI
Verifier 4.5.1.3. Road network map —
decree
2002-437
of
31
December
2002 99 CAT,
CTI
Verifier 4.5.1.4. Inspection reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37,
81 CAT,
CTI
Criterion 4.6:
The company complies with the regulations regarding timber felling and marking.
Indicator 4.6.1: The company complies with the species to be taken, felling diameters and volumes to be taken as laid down in the regulations and the management plan.
Verifier 4.6.1.1. Management plan —
law
16-2000
of
20
November
2000 55,
56 CAT
L
92/147
— decree 2002-437 of 31 December 2002 24 CAT

---

L 92/148
Reference of the legislation or regulations Articles Type
of
permit
Verifier 4.6.1.2. Exploitation plan —
order
5053/MEF/CAB
of
19
June
2007
8 CAT,
CTI
— decree 2002-437 of 31 December 2002 68 CAT,
CTI
EN
Verifier 4.6.1.3. Annual harvest licence —
decree
2002-437
of
31
December
2002 72,74 CAT,
CTI

Verifier 4.6.1.4. Worksite book —
decree
2002-437
of
31
December
2002 87 CAT,
CTI
Verifier 4.6.1.5. Inspection reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37,
81 CAT,
CTI
Indicator 4.6.2: Stumps, trunks and logs are marked in accordance with applicable forestry regulations.
Verifier 4.6.2.1. Worksite book —
decree
2002-437
of
31
December
2002 87
Off
CAT,
CTI
icial
Verifier 4.6.2.2. Inspection reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37,
81 CAT,
CTI
Jour
Indicator 4.6.3: The worksite and timber transportation documents are filled in and updated regularly.
nal
of
Verifier 4.6.3.1. Worksite book —
decree
2002-437
of
31
December
2002 87
the
CAT,
CTI
European
Verifier 4.6.3.2. Waybill —
decree
2002-437
of
31
December
2002 121 CAT,
CTI
Verifier 4.6.3.3. Inspection reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 81
Union
CAT,
CTI
Criterion 4.7:
The company does not abandon timber of commercial value.
Indicator 4.7.1: Timber is only abandoned in accordance with applicable regulatory provisions.
Verifier 4.7.1.1. Inspection reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 81 CAT,
CTI
Verifier 4.7.1.2. Inspection and activity reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 82 CAT,
CTI
Verifier 4.7.1.3. Worksite book —
decree
2002-437
of
31
December
2002 87 CAT,
CTI
Criterion 4.8:
The company complies with legislation and regulations regarding timber processing.
Indicator 4.8.1: The company complies with the processing quota laid down under the applicable regulations.
6.4.2011
Verifier 4.8.1.1. Annual production reports —
decree
2002-437
of
31
December
2002 90 CAT,
CTI

---

6.4.2011 Off
Reference of the legislation or regulations Articles Type
of
permit
Verifier 4.8.1.2. Report of the Inspectorate of Forestry Products for Export —
decree
2002-437
of
31
December
2002 130,
131 CAT,
CTI
Verifier 4.8.1.3. Verification report on annual production of the Departmental Forest Economy — decree 2002-437 of 31 December 2002 88 CAT,
CTI
Office
EN

Indicator 4.8.2: The processing unit has been set up in accordance with the regulations.
Verifier 4.8.2.1. Agreement —
decree
2002-437
of
31
December
2002 65,
66,
67 CAT,
CTI
Verifier 4.8.2.2. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 81 CAT,
CTI
Indicator 4.8.3: Logs that supply the processing unit are properly recorded in the documents prescribed under the regulations.
icial
Verifier 4.8.3.1. Register of timber entering the plant —
decree
2002-437
of
31
December
2002 119 CAT,
CTI
Jour
nal
Verifier 4.8.3.2. Waybill —
decree
2002-437
of
31
of
December
2002 121 CAT,
CTI
the
European
Verifier 4.8.3.3. Inspection reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 81
and
82 CAT,
CTI
Indicator 4.8.4: If the company receives supplies of timber from other operators, it ensures that all the sources of supply are known and legal.
Union
Verifier 4.8.4.1. Certificate of exploitation of the partner —
decree
2002-437
of
31
December
2002 65 CAT,
CTI
Verifier 4.8.4.2. Contract —
decree
2002-437
of
31
December
2002 118 CAT,
CTI
Verifier 4.8.4.3. Annual harvest licence —
decree
2002-437
of
31
December
2002 71
and
72 CAT,
CTI
Verifier 4.8.4.4. Inspection and activity report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 81
and
82 CAT,
CTI
Criterion 4.9:
Formal undertakings given by the company to make a greater contribution to local development have been respected.
Indicator 4.9.1: Contractual clauses aimed at ensuring that the company contributes to the construction or improvement of social, economic and cultural infrastructures are complied with.
L
92/149
Verifier 4.9.1.1. Special terms and conditions of the agreement —
decree
2002-437
of
31
December
2002 168 CAT,
CTI

---

L 92/150
Reference of the legislation or regulations Articles Type
of
permit
Verifier 4.9.1.2. Inspection reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 81 CAT,
CTI
Verifier 4.9.1.3. Inspection and activity reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 82 CAT,
CTI
EN
Indicator 4.9.2: The company meets its obligations regarding the financing of a local development fund within the framework of the management of the community development package in accordance with

the management plan.
Verifier 4.9.2.1. Copies of cheques —
order
relating
to
the
organisation
and
functioning
of
— CAT
the local development fund
Verifier 4.9.2.2. Minutes of meetings of the fund management committee —
order
relating
to
the
organisation
and
functioning
of
— CAT
the board of consultation for the community devel
opment package
Off
icial
Indicator 4.9.3: The company complies with national plans and standards for construction of social and cultural infrastructures specified in the special terms and conditions of the agreement.
Jour
nal
Verifier 4.9.3.1. Terms and conditions —
decree
2002-437
of
31
December
2002 169
and
170 CAT,
CTI
of
the
European
Verifier 4.9.3.2. Inspection reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 81 CAT,
CTI
Verifier 4.9.3.3. Activity reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 82
Union
CAT,
CTI
Criterion 4.10: Tax returns correspond to the activities of the company.
Indicator 4.10.1: Tax returns are prepared in accordance with the regulations and submitted within the prescribed deadlines.
Verifier 4.10.1.1. Income tax return —
General
Tax
Code,
Volume
I
124 to 124 b CAT,
CTI
Indicator 4.10.2: Declarations regarding exports and/or imports comply with the regulations.
Verifier 4.10.2.1. Customs declaration —
CEMAC
customs
regulations 110
and
111 CAT,
CTI
Verifier 4.10.2.2. Export declaration —
law
003/2007
of
24
January
2007 14
and
27 CAT,
CTI
6.4.2011
Verifier 4.10.2.3. Import declaration —
law
003/2007
of
24
January
2007 6
and
27 CAT,
CTI

---

6.4.2011 Off
Reference of the legislation or regulations Articles Type
of
permit
Indicator 4.10.3: The company sends the tax authorities, within the prescribed deadlines, a balance sheet of its activities for the previous year and sends the National Social Security Fund (CNSS) an annual
salary statement.
Verifier 4.10.3.1. Company balance sheet —
General
Tax
Code 31,
46,
47 CAT,
CTI
EN

— decree 2002-437 of 31 December 2002 191 CAT,
CTI
— uniform act relating to trading companies and 137 CAT,
CTI
economic interest groups
— uniform act harmonising company accounts 23 CAT,
CTI
Verifier 4.10.3.2. Annual salary statement —
General
Tax
Code 179 CAT,
CTI
icial
Criterion 4.11: All taxes and social security contributions to which the company is subject have been paid within the deadlines.
Jour
Indicator 4.11.1: The company pays any dues and taxes relating to forestry within the prescribed deadlines.
nal
of
Verifier 4.11.1.1. Copies of cheques —
law
16-2000
of
20
November
2000 87
the
CAT,
CTI,
PS
European
Verifier 4.11.1.2. Tax register/payment receipt —
General
Tax
Code,
Volume
I
124 to 124 b CAT,
CTI,
PS
— law 16-2000 of 20 November 2000 87
Union
CAT,
CTI,
PS
Indicator 4.11.2: The company duly pays all taxes and fees associated with importing products.
Verifier 4.11.2.1. Statement of payment of fees and taxes —
CEMAC
customs
regulations 132
to
135 CAT,
CTI
— General Tax Code 461 CAT,
CTI
Verifier 4.11.2.2. Copies of cheques —
General
Tax
Code,
Volume
I 462 CAT,
CTI
— CEMAC customs regulations 134 CAT,
CTI
Verifier 4.11.2.3. Payment receipt —
CEMAC
customs
regulations 134 CAT,
CTI
— General Tax Code 462
and
463 CAT,
CTI
L
92/151
Verifier 4.11.2.4. Establishment agreement —
decree
No
2004-30
of
18
February
2004 33 CAT,
CTI

---

L 92/152
Reference of the legislation or regulations Articles Type
of
permit
Indicator 4.11.3: The company pays in good time all taxes, fees and duties from which it is not exempt and which are applicable in national territory.
Verifier 4.11.3.1. Copies of cheques —
General
Tax
Code,
Volume
I 462 CAT,
CTI
Verifier 4.11.3.2. Payment receipts —
General
Tax
Code,
Volume
I 461,
462
and
463 CAT,
CTI
EN

Indicator 4.11.4: The company pays its contributions in arrears.
Verifier 4.11.4.1. Payment certificate —
law
004/86
of
24
February
1986 171 CAT,
CTI
Verifier 4.11.4.2. Copies of cheques/payment slips —
General
Tax
Code,
Volume
I 461
to
463 CAT,
CTI
— Social Security Code, law 004/86 of 24 February 147bis CAT,
CTI
1986
Off
icial
Indicator 4.11.5: The company carries out, within the prescribed deadlines, its transactions relating to forestry, customs, tax, trade and social security.
Jour
Verifier 4.11.5.1. Infringement reports —
law
6-94
of
1
June
1994 21,
22,
23
and
26 CAT,
CTI
nal
of
— law 16-2000 of 20 November 2000 111 CAT, the
CTI,
PS
European
— General Tax Code, Volume I 387(5)
and
399 CAT,
CTI
— CEMAC customs regulations 308 CAT,
CTI
Union
Verifier 4.11.5.2. Transaction certificate —
law
6-94
of
1
June
1994 21,
22,
23
and
26 CAT,
CTI,
PS
— General Tax Code, Volume I 463 CAT,
CTI,
PS
— law 16-2000 of 20 November 2000 134 CAT,
CTI,
PS
— CEMAC customs regulations 327
and
328 CAT,
CTI
Verifier 4.11.5.3. Copies of cheques —
CEMAC
customs
regulations 134 CAT,
CTI
— General Tax Code, Volume I 462,
463 CAT,
CTI,
PS
— law 16-2000 of 20 November 2000 CAT,
CTI,
PS
Verifier 4.11.5.4. Payment receipts —
General
Tax
Code,
Volume
I 461,
462
and
463 CAT,
CTI,
PS
6.4.2011
— CEMAC customs regulations 134 CAT,
CTI

---

6.4.2011 Off
Reference of the legislation or regulations Articles Type
of
permit
Criterion 4.12: The company subcontracts work to other companies in accordance with the rules.
Indicator 4.12.1: The company ensures that all of its subcontractors have the necessary licences and pay their employees in accordance with legal requirements.
EN

Verifier 4.12.1.1. Licences granted by the relevant authorities —
uniform
act
relating
to
the
law
for
trading
companies
10 and 15 CAT,
CTI
and the economic interest group of 17 April 1997
— uniform act relating to general commercial law
16, 17, 18, 23, 24 CAT, CTI
and 40
Verifier 4.12.1.2. Company contract —
uniform
act
relating
to
the
law
for
trading
companies
173 CAT,
CTI
and the economic interest group of 17 April 1997
icial
Indicator 4.12.2: The company encourages and supports subcontracting in recycling abandoned timber and the by-products of processing.
Jour
nal
Verifier 4.12.2.1. Contract —
decree
2002-437
of
31
December
2002 118 CAT,
CTI
of
the
Indicator 4.12.3: The company complies with contracts concluded with subcontractors.
European
Verifier 4.12.3.1. Company contract —
uniform
act
relating
to
the
rights
of
trading
173 CAT,
CTI
companies and the economic interest group
Union
Verifier 4.12.3.2. Staff secondment agreement —
law
No
6-96
of
6
March
1996 73-3 CAT,
CTI
Principle 5:
The company complies with regulations regarding timber transportation and marketing.
Criterion 5.1:
Timber is transported in accordance with applicable legislation and regulations.
Indicator 5.1.1: The various means of transporting forestry products have been registered with the competent authorities.
Verifier 5.1.1.2. Vehicle registration document —
decree
2003-61
of
6
March
2003 2
and
3 CAT,
CTI,
PS
— order 2844 of 12 April 2005 10
and
11
L
92/153
Verifier 5.1.1.3. Insurance —
General
Tax
Code
(Book
V) 503 CAT,
CTI,
PS

---

L 92/154
Reference of the legislation or regulations Articles Type
of
permit
Indicator 5.1.2: Consents and licences for transporting forestry products are in order and regularly updated.
Verifier 5.1.2.1. Transport authorisation —
decree
90/135
of
31
March
1990
5 CAT,
CTI,
PS
EN
Verifier 5.1.2.2. Seaworthiness certificate —
CEMAC
interior
navigation
code 23 CAT,
CTI,
PS
Verifier 5.1.2.3. Consent —
order
5694
of
17
September
2001 1
to
9 CAT,
CTI,
PS
Verifier 5.1.2.4. Consent —
decree
2002-437
of
31
December
2002 48 CAT,
CTI,
PS
Indicator 5.1.3: Means of transport are regularly inspected.
Off
Verifier 5.1.3.1. Technical check-up report —
order
No
11599
of
15
November
2004
9 CAT,
CTI,
PS
icial
Verifier 5.1.3.2. Vehicle technical inspection certificate —
order
No
11599
of
15
November
2004 1
to
24 CAT,
CTI,
PS
Jour
nal
— CEMAC community highway code 23
of
CAT,
CTI,
PS
the
Indicator 5.1.4: The company complies with obligations or restrictions regarding timber transportation.
European
Verifier 5.1.4.1. Waybill —
decree
2002-437
of
31
December
2002 121 CAT,
CTI,
PS
Union
Verifier 5.1.4.2. Manifest/bill of lading (boat) —
CEMAC/RDC
interior
navigation
code
1, 2, 3, 4 CAT,
CTI
Verifier 5.1.4.3. Cargo identification note —
order
1033
of
14
May
2008
3 CAT,
CTI
— decree 98-39 of 29 January 1998 3
and
4 CAT,
CTI
Criterion 5.2:
Marketed products are clearly identifiable and their origin can be traced.
Indicator 5.2.1: Timber transported by the company bears markings in accordance with applicable regulations which enable it to be traced back to its place of cutting.
Verifier 5.2.1.1. Markings on the timber —
decree
2002-437
of
31
December
2002 86 CAT,
CTI,
PS
Verifier 5.2.1.2. The company’s marking hammer —
law
16-2000
of
20
November
2000 75
6.4.2011
CAT,
CTI,
PS
Verifier 5.2.1.3. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 81 CAT,
CTI,
PS

---

6.4.2011 Off
Reference of the legislation or regulations Articles Type
of
permit
Indicator 5.2.2: Documents accompanying transported and marketed timber comply with applicable regulations and are properly drawn up.
Verifier 5.2.2.1. Certificate of origin —
law
3/2007
of
24
January
2007 20
and
27 CAT,
CTI
Verifier 5.2.2.2. Specification sheet —
decree
2002-437
of
31
December
2002 135 CAT,
CTI
EN

Verifier 5.2.2.3. Phytosanitary certificate —
order
1.142
of
12
June
1945 3
and
8 CAT,
CTI
Verifier 5.2.2.4. Pro forma of the commercial invoice —
law
3/2007
of
24
January
2007 18
and
27 CAT,
CTI
Verifier 5.2.2.5. Customs declaration —
CEMAC
customs
regulations 110
and
111 CAT,
CTI
Verifier 5.2.2.6. Export declaration —
law
3/2007
of
24
January
2007
6, 14 and 27 CAT,
CTI
Verifier 5.2.2.7. Import declaration —
law
3/2007
of
24
January
2007
6, 14 and 27 CAT,
CTI
icial
Jour
Verifier 5.2.2.8. Delivery note —
law
3-2007
of
24
January
2007 27 CAT,
CTI
nal
of
the
2. Legality matrix for timber produced in forest plantations
European
The legality matrix for timber produced in plantations consists of 5 principles, 20 criteria, 56 indicators and 141 verifiers.
Reference of the legislation or regulation Article
Union
Principle 1:
The company legally exists in Congo.
Criterion 1.1: The company is properly registered with the competent authorities.
Indicator 1.1.1: The company is properly registered with the economic, fiscal and judicial authorities.
Verifier 1.1.1.1. Trading licence —
decree
No
2008-446
of
15
November
2008
1, 3 and 9
Verifier 1.1.1.2. Business, credit and real estate register —
law
19-2005
of
24
November
2005 18
and
40
Indicator 1.1.2: The company is properly registered with the social security and employment authorities.
Verifier 1.1.2.1. Certificate of registration with the national social security fund (CNSS) —
law
No
004/86
of
25
February
1986 172
L
92/155
Verifier 1.1.2.2. Declaration of existence —
law
19-2005
of
24
November
2005 18
and
40

---

L 92/156
Reference of the legislation or regulation Article
— law 45/75 of 15 March 1975 181
— order No 3020/IGT/LS of 29 September 1951 1,
paragraph
2
EN
Indicator 1.1.3: The company is properly registered with the relevant Forestry Authority.

Verifier 1.1.3.1. Consent —
decree
2002-437
of
31
December
2002 48
Verifier 1.1.3.2. Licence —
decree
2002-437
of
31
December
2002 48
Criterion 1.2: The company is not subject to any judicial decisions or administrative measures resulting in temporary or permanent suspension of its business.
Indicator 1.2.1: The company’s business has not been suspended by a judicial decision.
Off
icial
Verifier 1.2.1.1. Judicial decision —
OHADA
uniform
act
of
10
April
8
Jour
1998
organising
summary
debt
collection procedures
nal
of
— law 19-2005 of 24 November 2005 28,
42
and
43
the
European
— law 6-1994 of 1 June 1994 26
Indicator 1.2.2: The company’s business has not been suspended by an administrative measure.
Union
Verifier 1.2.2.1. Suspension note
— uniform act relating to general commercial law 10
— law 6-1994 of 1 June 1994 26
Principle 2:
The State owns the rights over the land on which the forest plantations have been set up.
Criterion 2.1: The title deed relating to the land on which the plantations have been set up has been properly granted by the competent authorities.
Indicator 2.1.1: All steps leading up to the granting of the title deed were properly followed by the company including compliance with deadlines stipulated under national laws and regulations.
Verifier 2.1.1.1. File containing notarised deeds and any other document sent in authentic form — law
17-2000
of
31
December
2000 60
Verifier 2.1.1.2. Demarcation map —
law
17-2000
of
31
December
2000 24
6.4.2011
Verifier 2.1.1.3. Demarcation report —
law
17-2000
of
31
December
2000 24

---

6.4.2011 Off
Reference of the legislation or regulation Article
Indicator 2.1.2: The company has a valid title deed.
Verifier 2.1.2.1. Land register or land volume —
law
17-2000
of
31
December
2000 102
EN
Verifier 2.1.2.2. Copy of the title deed —
law
17-2000
of
31
December
2000 37

Criterion 2.2: Forest plantations have been classified in accordance with legal and regulatory provisions with respect to forestry.
Indicator 2.2.1: The procedure for classifying forest plantations has been followed.
Verifier 2.2.1.1. Minutes of the consultative meeting between the Forestry Authority, government — law 16-2000 of 20 November 2000 15
authorities and local and indigenous populations
Verifier 2.2.1.2. Forest authority reports on the surveying of the area to be classified —
law
16-2000
of
20
November
2000 15
icial
Jour
Verifier 2.2.1.3. Letters of complaint from local populations to the classification committee —
law
16-2000
of
20
November
2000 17
nal
Verifier 2.2.1.4. Minutes of the classification meeting —
law
16-2000
of
20
November
2000 19
of
the
European
Verifier 2.2.1.5. Classification decree —
law
16-2000
of
20
November
2000 14
Criterion 2.3.: Exploitation rights for the State’s forest plantations have been properly granted.
Union
Indicator 2.3.1: The steps leading up to exploitation, by means of permission for a third party to cut timber from the State’s plantations, have been properly followed.
Verifier 2.3.1.1. Report on the inspection to check the availability of parcels carried out by the Forest — decree 2002-437 of 31 December 2002 61
Economy Directorate-General
Verifier 2.3.1.2. Forest Economy Directorate-General notice —
decree
2002-437
of
31
December
2002 62
Verifier 2.3.1.3. Writ
— law 27 of 20 August 1992
2
— OHADA uniform act organising collection procedures and methods 92
of performance of 10 April 1998
Verifier 2.3.1.4. Joint order of the Minister responsible for forests and the Minister responsible for — law 16-2000 of 20 November 2000 102
finances setting sale prices
L
92/157
Verifier 2.3.1.5. Minutes of the meeting of the sale committee —
decree
2002-437
of
31
December
2002 64

---

L 92/158
Reference of the legislation or regulation Article
Indicator 2.3.2 The company has a valid certificate of exploitation
Verifier 2.3.2.1. Plantation timber harvesting permit —
law
16-2000
of
20
November
2002 65,
76
EN
— decree 2002-437 of 31 December 2002 178

Criterion 2.4: The company holds all periodic licences allowing it to carry out its business.
Indicator 2.4.1: The documents and other licences periodically provided by financial and fiscal authorities are valid.
Verifier 2.4.1.1. Patent
— General Tax Code 277
and
314
Verifier 2.4.1.2. Consent of the authorised customs inspector —
Customs
Regulations
Off
112
to
119
icial
Verifier 2.4.1.3. Consent —
decree
2002-437
of
31
Jour
December
2002 48
nal
Principle 3:
The State that manages the forest plantations involves civil society and local populations in their management and respects the rights of these populations and workers.
of
the
Criterion 3.1: The State involves civil society and local populations in the protection of plantations and in drawing up and monitoring development programmes.
European
Indicator 3.1.1: The State has a mechanism for functional dialogue between the stakeholders with respect to the management of forest plantations.
Union
Verifier 3.1.1.1. Committee monitoring and reviewing implementation of the management plan —
decree
approving
the
management
plan
—
Verifier 3.1.1.2. Platform for dialogue between the State and local populations —
decree
approving
the
management
plan
—
Indicator 3.1.2: Local populations are sufficiently well informed of their rights and the management of forest plantations.
Verifier 3.1.2.1. Minutes of meetings of the platform for dialogue —
decree
approving
the
management
plan
—
Criterion 3.2: The State respects the rights, customs and practices of local and indigenous populations in accordance with national legislation and regulations and international conventions.
Indicator 3.2.1: The State respects the customs, practices and rights of local and indigenous populations.
Verifier 3.2.1.1. Minutes of meeting of the platform for dialogue —
decree
approving
the
management
plan
—
6.4.2011
Verifier 3.2.1.2. Report of the committee monitoring and reviewing implementation of the — decree approving the management plan
—
management plan

---

6.4.2011 Off
Reference of the legislation or regulation Article
Verifier 3.2.1.3. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37
and
81
Indicator 3.2.2: The State meets its commitments with respect to local and indigenous populations
EN
Verifier 3.2.2.1. Terms and conditions/Memorandum of understanding —
law
16-2000
of
20
November
2000 72

— decree 2002-437 of 31 December 2002 168
Verifier 3.2.2.2. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37
and
81
Verifier 3.2.2.3. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
—
Verifier 3.2.2.4. Minutes of meeting of the platform for dialogue —
decree
approving
the
management
plan
—
icial
Indicator 3.2.3: If property belonging to local and indigenous populations is destroyed by the company, compensation meets the requirements of applicable legislation and regulations.
Jour
nal
Verifier 3.2.3.1. Report —
decree
86/970
of
27
of
September
1986 10
the
Verifier 3.2.3.2. Compensation receipts —
decree
86/970
of
27
September
1986 1 European
and
9
Criterion 3.3: The social partners of the company are sufficiently well informed of their rights.
Union
Indicator 3.3.1: The company guarantees freedom of and legal and regulatory means for union activities.
Verifier 3.3.1.1. Existence of staff representatives and union branches —
law
06/96
of
6
March
1996
supplementing
and
amending
certain
new 173 and 210-3
provisions of law 45/75 of 15 March 1975
Verifier 3.3.1.2. Existence of union premises —
law
06/96
of
6
March
1996
supplementing
and
amending
certain
210-5
provisions of law 45/75 of 15 March 1975
Verifier 3.3.1.3. Existence of records of complaints and claims —
law
06/96
of
6
March
1996
supplementing
and
amending
certain
210-7 and new 179
provisions of law 45/75 of 15 March 1975
— order No 1110/MTFPSS/DGT of 24 June 1996 27
Indicator 3.3.2: Staff representatives and members of union branches have received various training to help them carry out their functions.
L
92/159
Verifier 3.3.2.1. Memorandum of placement on leave for worker education —
law
06/96
of
6
March
1996 new
179

---

L 92/160
Reference of the legislation or regulation Article
Indicator 3.3.3: Company employees have access to the various documents relating to labour, employment and social security rights.
Verifier 3.3.3.1. Documents available —
agreement
No
98
(OIT,
1949)
7
EN
Criterion 3.4: The company respects workers’ rights.

Indicator 3.4.1: The company meets its commitments with respect to its social partners.
Verifier 3.4.1.1. Minutes of meetings —
order
No
1110/MTFPSS/DGT
of
24
June
1996 26
Indicator 3.4.2: Relations between the company and its employees are formalised in accordance with the provisions of the labour code and the social security code.
Off
Verifier 3.4.2.1. Employer register signed —
law
45/75
of
15
March
1975 182
icial
Verifier 3.4.2.2. Employment contract —
law
No
022/88
of
17
September
1988 13 Jour
to
16
nal
— law 45/75 of 15 March 1975 75
of
the
— general order No 3815 of 1 December 1953
6
European
Verifier 3.4.2.3. Internal rules displayed —
law
No
004/86
of
25
February
1986 172
Union
Verifier 3.4.2.4. List of workers registered with the National Social Security Fund —
law
No
004/86
of
25
February
1986 172
Indicator 3.4.3: The company pays its workers in accordance with employment regulations and legislation and with the applicable collective agreement.
Verifier 3.4.3.1. Pay registers signed —
law
No
45/75
of
15
March
1975 90
Verifier 3.4.3.2. Pay slips —
law
No
45/75
of
15
March
1975 90
Indicator 3.4.4: Worker health and safety conditions comply with applicable legislation and regulations.
Verifier 3.4.4.1. Health and Safety Committee reports —
order
9030
of
10
December
1986
9
Verifier 3.4.4.2. Medical check-up registers —
law
6-96
of
6
March
1996
supplementing
and
amending
certain
new 145-1
provisions of law 45/75 of 15 March 1975
6.4.2011
— order 9033 of 12 December 1986 22

---

6.4.2011 Off
Reference of the legislation or regulation Article
Verifier 3.4.4.3. Accident in the workplace registers —
law
6-96
of
March
1996
supplementing
and
amending
certain
new 141-2
provisions of law 45/75 of 15 March 1975
Verifier 3.4.4.4. Safety registers —
law
6-96
of
March
1996
supplementing
and
amending
certain
new 141-2
provisions of law 45/75 of 15 March 1975
EN

Verifier 3.4.4.5. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
—
Indicator 3.4.5: The company respects working hours in accordance with legal and regulatory provisions.
Verifier 3.4.5.1. Working hours displayed —
decree
78-361
of
12
May
1978
5
Verifier 3.4.5.2. Authorisation of overtime by the Departmental Employment Office —
decree
78-361
of
12
May
1978 10
icial
Indicator 3.4.6: Worker recruitment meets the conditions laid down under national legislation and by the International Labour Organisation.
Jour
nal
Verifier 3.4.6.1. Copy of the job offer sent to National Office of Employment and Labour (ONEMO) — law
022-88
of
10
September
1988
of
9
and
10
the
Verifier 3.4.6.2. Employment contract —
law
022-88
of
10
September
1988 16
European
Principle 4:
The State complies with legislation and regulations relating to the environment, management, forestry, processing of timber and tax.
Union
Criterion 4.1. Environmental impact studies have been carried out in accordance with legal and regulatory requirements and mitigating measures formulated have been implemented.
Indicator 4.1.1: Procedures for carrying out environmental impact studies have been followed.
Verifier 4.1.1.1. Approval of the office carrying out the study —
law
003-91
of
23
April
1991
2
— decree 86/775 of 7 June 1986 1
and
4
— order 835/MIME/DGE of 6 September 1999 4
and
5
— law 003-91 of 23 April 1991
Verifier 4.1.1.2. Impact study report —
decree
86/775
of
7
June
1986
L
1
and
4
92/161
Verifier 4.1.1.3. Minutes of the meeting approving the impact study report —
law
003-91
of
23
April
1991
2

---

L 92/162
Reference of the legislation or regulation Article
Indicator 4.1.2: The measures contained in the approved impact study reports aimed at protecting biodiversity have been carried out.
Verifier 4.1.2.1. Land inspection and audit reports —
law
003-91
of
23
April
1991 39
EN
— order 1450/MIME/DGE of 19 November 1999 16,
17
and
18

Verifier 4.1.2.2. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37
and
82
Verifier 4.1.2.3. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
—
Indicator 4.1.3: Measures aimed at protecting public health and cleaning up base camps and industrial sites have been carried out.
Verifier 4.1.3.1. Order approving the personnel of the company’s socio-sanitary centre —
law
45/75
of
15
March
1975
Off
142
and
143
icial
— order No 9033/MTERFPPS/DGEF/DSS of 10 December 1986 12
Jour
nal
Verifier 4.1.3.2. Order authorising performance of the Ministry in charge of health —
order
No
3092
MSP/MEFB
of
9
July
2003
2
of
the
Verifier 4.1.3.3. Minutes of meetings of the Health and Safety Committee —
order
No
9033/MTERFPPS/MTERFPPS/DGEF/DSS
of
10
December
9
European
1986
Verifier 4.1.3.4. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
—
Union
Criterion 4.2: The provisions of national regulations and legislation and international agreements and conventions ratified by Congo relating to the environment have been observed.
Indicator 4.2.1: The company disposes of waste produced from its activities in accordance with legal and regulatory requirements.
Verifier 4.1.1.1. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37
and
82
Verifier 4.1.1.2. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
—
Indicator 4.2.2: The company meets its commitments regarding the protection of fauna
Verifier 4.2.2.1. The company’s internal rules —
law
45/75
of
15
March
1975 74
Verifier 4.2.2.2. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37
6.4.2011
and
82
Verifier 4.2.2.3. Report of the committee monitoring and reviewing the management plan —
decree
approving
the
management
plan
—

---

6.4.2011 Off
Reference of the legislation or regulation Article
Criterion 4.3: Management documents have been drawn up in accordance with regulatory time-frames and standards and approved by the Forestry Authority and the stakeholders.
Indicator 4.3.1: Inventory reports and supplementary studies and the management plan have been drawn up in accordance with the standards established by the forestry authority and forestry concession
management directives.
EN

Verifier 4.3.3.1. Inventory report —
order
5053/MEF/CAB
of
19
June
2007
5
Verifier 4.3.3.2. Supplementary study report —
order
5053/MEF/CAB
of
19
June
2007
5
Verifier 4.3.3.3. Management plan —
law
16-2000
of
20
November
2000 55
and
56
— decree 2002-437 of 31 December 2002 54
icial
Indicator 4.3.2: Inventory reports and supplementary studies have been approved by the forestry authority and the management plan by the stakeholders.
Jour
nal
Verifier 4.3.2.1. Minutes of the meeting approving inventory reports and supplementary studies —
order
5053/MEF/CAB
of
19
June
2007
5
of
the
Verifier 4.3.2.2. Minutes of the meeting approving the management plan —
order
5053/MEF/CAB
of
19
June
2007
5
European
Indicator 4.3.3: Administrative plans and annual operation plans have been approved in accordance with national forestry concession management directives and regulatory provisions by the forestry authority.
Union
Verifier 4.3.3.1. Minutes of the meeting approving the administrative plan —
order
5053/MEF/CAB
of
19
June
2007
5
Verifier 4.3.3.2. Annual harvest licence —
order
5053/MEF/CAB
of
19
June
2007
8
— decree 2002-437 of 31 December 2002 68
Criterion 4.4: The boundaries of the plantations and the logging standards are clearly defined and respected.
Indicator 4.4.1: Forest maps have been produced in accordance with standards approved by the forestry authority and the boundaries shown are marked and regularly maintained on the ground in accordance
with the applicable regulations.
Verifier 4.4.1.1. Forest maps —
decree
2002-437
of
31
December
2002 24
L
92/163
Verifier 4.4.1.2. Inspection and activity reports of the Departmental Forest Economy Office and of — decree 2002-437 of 31 December 2002 37
and
82
the Central Authority

---

L 92/164
Reference of the legislation or regulation Article
Indicator 4.4.2: The cutting of trees is carried out and recorded in accordance with the annual operation plan.
Verifier 4.4.2.1. Annual operation plan/logging plan —
decree
2002-437
of
31
December
2002 68
EN
— order 5053/MEF/CAB of 19 June 2007
8

Verifier 4.4.2.2. Worksite register —
decree
2002-437
of
31
December
2002 183
Verifier 4.4.2.3. Inspection and activity reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 37,
81,
82
Indicator 4.4.3: Plantation parcels are exploited in accordance with the provisions of the management plan.
Verifier 4.4.3.1. Rotation —
decree
approving
the
managem
Off
ent
plan
—
icial
Verifier 4.4.3.2. Number of parcels exploited —
decree
approving
the
management
plan
—
Jour
nal
Verifier 4.4.3.3. Volume exploited —
decree
approving
the
management
plan
—
of
the
Indicator 4.4.4: Waybills for the transporting of logs are filled in before their removal from the worksite.
European
Verifier 4.4.4.1. Waybills —
decree
2002-437
of
31
December
2002 121
Union
Verifier 4.4.4.2. Inspection reports of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 81
and
82
Criterion 4.5: The company complies with legislation and regulations regarding timber processing.
Indicator 4.5.1: The processing unit has been set up in accordance with the regulations.
Verifier 4.5.1.1. Consent to the setting-up of the industrial unit —
decree
2002-437
of
31
December
2002 114,
115
Verifier 4.5.1.2. Site inspection reports and activity reports of the Departmental Forest Economy — decree 2002-437 of 31 December 2002 81
and
82
Office
Indicator 4.5.2: Logs that supply the processing unit are properly recorded in a document opened by the forestry authority.
Verifier 4.5.2.1. Waybill —
decree
2002-437
of
31
6.4.2011
December
2002 121
Verifier 4.5.2.2. Register of timber entering the plant —
decree
2002-437
of
31
December
2002 119

---

6.4.2011 Off
Reference of the legislation or regulation Article
Verifier 4.5.2.3. Site inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 81
and
82
Indicator 4.5.3: The company encourages and supports subcontracting in recycling the by-products of processing.
EN
Verifier 4.5.3.1. Subcontract —
decree
2002-437
of
31

December
2002 118
Criterion 4.6: Tax returns correspond to the activities of the company.
Indicator 4.6.1: Tax returns are prepared in accordance with the regulations and submitted within the prescribed deadlines.
Verifier 4.6.1.1. Income tax return —
General
Tax
Code,
Volume
I 124
to
124
b
Indicator 4.6.2: Declarations regarding exports and/or imports comply with the regulations.
icial
Verifier 4.6.2.1. Customs declaration —
CEMAC
customs
regulations
Jour
110
and
111
nal
Verifier 4.6.2.2. Export declaration/import declaration —
law
003/2007
of
24
January
2007
6, 14 and 27
of
the
— Customs Regulations 49
European
Indicator 4.6.3: The company sends the tax authorities, within the prescribed deadlines, a balance sheet of its activities for the previous year and sends the National Social Security Fund (CNSS) an annual salary
statement.
Union
Verifier 4.6.3.1. Balance sheet —
General
Tax
Code 31,
46
and
47
— decree 2002-437 of 31 December 2002 191
— uniform act relating to trading companies and economic interest 137
groups
— uniform act harmonising company accounts 23
Verifier 4.6.3.2. Annual salary statement —
General
Tax
Code 179
Criterion 4.7: All taxes and social security contributions to which the company is subject have been paid within the deadlines.
Indicator 4.7.1: The company pays any dues and taxes relating to forestry within the prescribed deadlines.
L
92/165
Verifier 4.7.1.1. Copies of cheques —
law
16-2000
of
20
November
2000 87

---

L 92/166
Reference of the legislation or regulation Article
Indicator 4.7.2. The company duly pays all taxes and fees associated with importing products.
Verifier 4.7.2.1. Statement of payment of fees and taxes —
CEMAC
customs
regulations 132
to
135
EN
— General Tax Code 461

Verifier 4.7.2.2. Copies of cheques —
CEMAC
customs
regulations 134
— General Tax Code 462
and
463
Verifier 4.7.2.3. Payment receipt —
CEMAC
customs
regulations 134
— General Tax Code
Off
46
and
463
icial
Indicator 4.7.3: The company pays in good time all taxes, fees and duties from which it is not exempt and which are applicable in national territory.
Jour
Verifier 4.7.3.1. Revenue register —
General
Tax
Code,
Volume
I 462
nal
of
Verifier 4.7.3.2. Copies of cheques —
General
Tax
Code,
Volume
I 462
the
European
Verifier 4.7.3.3. Payment receipts —
General
Tax
Code,
Volume
I 461,
462
and
463
Indicator 4.7.4: The company pays its contributions in arrears.
Union
Verifier 4.7.4.1. Payment certificate —
law
004/86
of
24
February
1986 171
Verifier 4.7.4.2. Copies of cheques/payment slips —
General
Tax
Code,
Volume
I 461
to
463
— Social Security Code, law 004/86 of 24 February 1986 147bis
Indicator 4.7.5: The company carries out, within the prescribed deadlines, its transactions relating to forestry, customs, tax, trade and social security.
Verifier 4.7.5.1. Infringement reports —
law
6-94
of
1
June
1994 21,
22,
23
and
26
— law 16-2000 of 20 November 2000 111
— General Tax Code, Volume I 461
6.4.2011
— CEMAC customs regulations 308

---

6.4.2011 Off
Reference of the legislation or regulation Article
Verifier 4.7.5.2. Transaction certificate —
law
6-94
of
1
June
1994 21,
22,
23
and
26
— General Tax Code, Volume I 463
EN
— law 16-2000 of 20 November 2000 134

— CEMAC customs regulations 327
and
328
Verifier 4.7.5.3. Copies of cheques or payment receipts —
CEMAC
customs
regulations 134
— General Tax Code, Volume I 426
and
463
Criterion 4.8: The company subcontracts work to other companies in accordance with the rules.
icial
Indicator 4.8.1: The company ensures that all of its subcontractors have the necessary licences and pay their employees in accordance with legal requirements.
Jour
nal
Verifier 4.8.1.1. Licences granted by the relevant authorities
— uniform act relating to the law for trading companies and the 10 and 15
of
economic interest group of 17 April 1997
the
European
— uniform act relating to general commercial law
16, 17, 18, 23, 24 and 40
Verifier 4.8.1.2. Company contract
— uniform act relating to the law for trading companies and the 173
Union
economic interest group of 17 April 1997
Indicator 4.8.2: The company complies with contracts concluded with subcontractors.
Verifier 4.8.2.1. Company contract
— uniform act relating to the rights of trading companies and the 10 and 15
economic interest group
Verifier 4.8.2.2. Staff secondment agreement —
law
No
1-96
of
6
March
1996 73-3
Principle 5:
The company complies with regulations regarding timber transportation and marketing.
Criterion 5.1: Timber is transported in accordance with applicable legislation and regulations.
Indicator 5.1.1: The various means of transporting logs have been registered with the competent authorities.
L
92/167
Verifier 5.1.1.1. Vehicle registers —
decree
261-59
of
20
January
1959
1, 2, 3 and 4

---

L 92/168
Reference of the legislation or regulation Article
Verifier 5.1.1.2. Vehicle registration document —
order
2844
of
12
April
2005 1
to
5
— CEMAC customs regulations 77
and
78
EN
Verifier 5.1.1.3. Insurance —
CIMA
code,
book
V
(tax) 503

Indicator 5.1.2: Consents and licences for transporting logs are in order and regularly updated.
Verifier 5.1.2.1. Transport authorisation —
decree
90/135
of
31
March
1990
5
Verifier 5.1.2.2. Seaworthiness certificate —
CEMAC/RDC
interior
navigation
code 23
Verifier 5.1.2.3. Consent —
order
5694
of
17
September
2001
Off
1
to
9
icial
Verifier 5.1.2.4. Consent —
decree
2002-437
of
31
December
2002 48
Jour
Indicator 5.1.3: Means of transport are regularly inspected.
nal
of
Verifier 5.1.3.1. Technical check-up report —
order
No
11599
of
15
November
2004
9
the
European
Verifier 5.1.3.2. Vehicle technical inspection certificate —
order
No
11599
of
15
November
2004 1
to
24
— CEMAC community code 23
Union
Indicator 5.1.4: The company complies with obligations or restrictions regarding timber transportation.
Verifier 5.1.4.1. Waybill —
decree
2002-437
of
31
December
2002 121
Verifier 5.1.4.2. Manifest, bill of lading (boat) —
CEMAC/RDC
interior
navigation
code
1, 2, 3 and 4
Verifier 5.1.4.3. Cargo identification note —
order
No
1033
of
14
May
2008
3
— decree No 98-39 of 29 January 1998 3
and
4
Criterion 5.2: Marketed products are clearly identifiable and their origin can be traced.
Indicator 5.2.1: Timber transported by the company bears markings in accordance with applicable regulations which enable it to be traced back to its place of cutting.
6.4.2011
Verifier 5.2.1.1. Markings on the timber/packages —
decree
2002-437
of
31
December
2002 86

---

6.4.2011 Off
Reference of the legislation or regulation Article
Verifier 5.2.1.2. The company’s marking hammer —
law
16-2000
of
20
November
2000 75
Verifier 5.2.1.3. Inspection report of the Departmental Forest Economy Office —
decree
2002-437
of
31
December
2002 81
Indicator 5.2.2: Documents accompanying transported and marketed timber comply with applicable regulations and are properly drawn up.
EN

Verifier 5.2.2.1. Certificate of origin —
law
003/2007
of
24
January
2007 20
and
27
Verifier 5.2.2.2. Specification sheet —
decree
2002-437
of
31
December
2002 135
Verifier 5.2.2.3. Pro forma of the commercial invoice —
law
3/2007
of
24
January
2007 18
and
27
Verifier 5.2.2.5. Customs declaration —
CEMAC
customs
regulations 110
and
111
Verifier 5.2.2.4. Export declaration —
law
3/2007
of
24
January
2007
icial
14
and
27
Jour
Verifier 5.2.2.6. Import declaration —
law
3-2007
of
24
January
2007 6
and
27
nal
Verifier 5.2.2.7. Delivery note —
law
3-2007
of
24
January
2007 27
of
the
European
Union
L
92/169

---

L 92/170
EN
Official Journal of the European Union
6.4.2011
LIST OF LAWS AND PRINCIPAL SETS OF REGULATIONS AND REGIONAL AND INTERNATIONAL
AGREEMENTS TAKEN INTO ACCOUNT IN DETERMINING THE LEGALITY OF FORESTRY PRODUCTS
1. Forestry
— law No 16-2000 of 20 November 2000 setting out the forestry code,
— decree No 2002-434 of 31 December 2002 relating to the organisation and functioning of the forestry fund,
— decree No 2002-435 of 31 December 2002 relating to the powers, organisation and functioning of the national
centre for the surveying and management of forestry and fauna,
— decree No 2002-436 of 31 December 2002 relating to the powers, organisation and functioning of the inspec
torate of forestry products for export,
— decree No 2002-437 of 31 December 2002 laying down the conditions of forest management and use,
— order No 5053/MEF/CAB of 19 June 2007 defining national directives for the sustainable management of forest
concessions.
2. Environment
— law No 003/91 of 23 April 1991 on environmental protection,
— decree No 86/775 of 7 June 1986 making environmental impact studies compulsory,
— order No 1450/MIME/DGE of 18 November 1999 relating to the application of certain provisions on installations
classified under law No 003/91 on environmental protection,
— order No 835/MIME/DGE of 6 September 1999 laying down the conditions of consent for the performance of
environmental impact studies or assessments in the Republic of Congo.
3. Labour, health and safety
— law No 45-75 of 15 March 1975 instituting a labour code in the Popular Republic of Congo,
— law No 6-96 of 6 March 1996 amending and supplementing certain provisions of law No 45-75 of 15 March
1975 instituting a labour code in the Popular Republic of Congo,
— law 004/86 of 25/02/86 instituting the social security code in the Popular Republic of Congo,
— law No 022/88 of 17 September 1988 amending law No 001/86 of 22 February 1986 replacing and supple
menting law No 03/85 of 14 February 1985 creating the National Office of Employment and Labour (ONEMO)
and amending the labour code,
— decree No 78/359/MJT.SGFPT.DTPS.ST.3/8 of 12 May 1978 ruling on the dispensation specified in Article 105 of
the labour code,
— decree No 78/360/MJT.SGFPT.DTPS.ST. 3/8 of 12 May 1978 laying down, for establishments not covered by
farming regulations, working hours, overtime rules and payment terms,
— decree No 78/361/MJT.SGFPT.DTPS.ST.3/8 of 12 May 1978 laying down, for farming companies and the like,
overtime rules and payment terms,
— order No 9028/MTERFPPS/DGT/DSSHST of 10 December 1986 relating to special health and safety measures
applicable to forestry work,
— order No 9030/MTERFPPS/DGT/DSSHST of 10 December 1986 instituting company health and safety committees,
— order No 9033/MTERFSPPS/DGT/DSSHST of 10 December 1986 relating to the organisation and functioning of
company socio-sanitary centres set up in the Popular Republic of Congo,
— decree No 2008-942 of 31 December 2008 setting the minimum guaranteed interprofessional salary (SMIG),
— order No 3092 of 9 July 2003 laying down the conditions for setting up and opening private sanitation
establishments.

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4. Trade
— law No 6-94 of 1 June 1994 regulating prices, trading standards and the identification and suppression of fraud,
— law No 19-2005 of 24 November 2005 regulating the trading profession in the Republic of Congo,
— law No 3-2007 of 24 January 2007 regulating imports, exports and re-exports,
— decree No 2008-446 of 15 November 2008 laying down the terms for obtaining a trading licence.
5. Land management
— law No 17-2000 of 31 December 2000 relating to land ownership.
6. Agriculture and farming
— decree No 55/1219 of 13 September 1955 relating to public authority rules laying down the conditions for
applying the law of 26 November 1952 relating to the organisation of plant protection in territories under the
responsibility of the Ministry for French Overseas Territories,
— decree No 86/970 of 27 September 1986 laying down the compensation payable in the event of the destruction
of fruit trees and damage to crops,
— order 1.142 of 12 June 1945 instituting phytosanitary control in French Equatorial Africa (AEF),
— order 1.143 of 12 June 1945 instituting monitoring and a phytosanitary policy for crops in French Equatorial
Africa (AEF),
— order No 2866/MAE/MEFB of 3 July 2008 laying down the fees for inspections, zoosanitary and phytosanitary
services and regulatory sanitary documents.
7. Transport
— law No 018/89 of 31 October 1989 defining the various road transport activities and activities connected with
motor vehicle transport and laying down the fees payable for the granting of licences to carry out these
professions,
— 2001 revised CEMAC community highway code,
— CEMAC/RDC interior navigation code,
— decree No 90/135 of 31 March 1990 regulating access to the road transport profession and the exercise of
activities connected with motor vehicle transport in Republic of Congo,
— decree No 98-39 of 29 January 1998 relating to the organisation and regulation of sea traffic from and to the
Republic of Congo,
— decree No 2003-61 of 6 May 2003 regulating the registration of motor vehicles,
— order No 5694 of 17 September 2001 laying down the conditions required for obtaining consent to work in the
road transport profession and in professions connected with motor vehicle transport,
— order No 11599 of 15 November 2004 regulating the technical inspection of vehicles,
— order No 2844 of 12 April 2005 laying down the conditions for drawing up and issuing motor vehicle regis
tration documents,
— order No 1033/MTMMM-CAB of 14 May 2008 instituting the cargo tracking document for the international
transportation of goods from and to Congo.
8. Economy
— law No 6-2003 of 18 January 2003 relating to the investment charter,
— decree No 2004-30 of 18 February 2004 laying down the terms of consent to the benefits of the investment
charter.

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9. International, regional and sub-regional agreements
— OHADA uniform act relating to general commercial law,
— uniform act of 17 April 1997 relating to commercial law for trading companies and the economic interest group,
— OHADA uniform act of 10 April 1998 organising summary debt collection procedures,
— OHADA uniform act of 10 April 1998 organising collection procedures and methods of performance,
— African Convention on the Conservation of Nature and Natural Resources, known as the Algiers Convention of
1968, ratified by law No 27/80 of 21 April 1980,
— Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), ratified by law No
34/82 of 7 July 1982, to which Congo signed up on 31 January 1983,
— Convention on Biological Diversity, Rio 1992, ratified by law No 29/96 of 25 June 1996,
— International Tropical Timber Agreement, ratified by law No 28/96 of 25 June 1996,
— Framework Convention on Climate Change, ratified by law No 26/96 of 25 June 1996,
— Convention on wetlands of international importance, especially as waterfowl habitat (RAMSAR Convention),
ratified by law No 28/96 of 25 June 1996,
— Bonn Convention on the Conservation of Migratory Species of Wild Animals, 1985, ratified by law No 14/99 of
3 March 1999,
— Convention to Combat Desertification, ratified by law No 8/99 of 8 January 1999,
— Kyoto protocol to combat climate change, ratified by law No 24-2006 of 12 September 2006,
— Treaty on the Central African Forest Commission, signed in Brazzaville on 5 February 2005 and ratified by law No
35-2006 of 26 October 2006 authorising ratification of the treaty relating to the conservation and sustainable
management of the forest ecosystems of Central Africa and instituting the Central African Forest Commission.

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ANNEX III
LEGALITY VERIFICATION SYSTEM (LVS)
CHAPTER 1
INTRODUCTION
The Legality Verification System (LVS) of the Republic of Congo is based on various legislation, regulations, directives and
standards. There are two main aspects of the LVS:
— administrative checks, and
— on-site checks.
The LVS developed here is based on monitoring, checking and verification currently carried out as part of governmental
supervision of the management and use of forest resources, but is enhanced to guarantee the reliability of the FLEGT
licensing scheme introduced under this Agreement. The LVS consists of the following elements:
1. two legality matrices;
2. a traceability system;
3. verification of the legality of the forestry entity;
4. verification of checking of the supply chain;
5. issuing of FLEGT licences;
6. independent audit.
The LVS is operated by:
— two (02) Head Offices under the supervision of the General Forest Economy Office (DGEF): the Forestry Office and the
Office for the Use of Forest Resources,
— three (03) Divisional Inspectorates under the supervision of the General Forest Economy Inspectorate (IGEF): the
Forest Inspectorate, the Inspectorate of Fauna and Protected Areas and the Administrative and Judicial Inspectorate,
— twelve (12) Departmental Offices represented in all Departments of the country (Brazzaville, Pointe-Noire, Kouilou,
Niari, Lékoumou, Bouenza, Pool, Plateaux, Cuvette-Ouest, Cuvette, Sangha, Likouala), along with their teams and
control stations,
— two (02) independent bodies: the Department for the Control of Forestry Products for Export (SCPFE) and its
subsidiary offices and the National Centre for the Surveying and Management of Forestry and Fauna (CNIAF),
— the departments of the trade authorities,
— the departments of the legal authorities,
— the departments of the customs authorities,
— the departments of the tax authorities,
— the departments of the labour authorities,
— the departments of the environmental authorities,
— the departments of the health authorities,
— the departments of the social security authorities (the National Social Security Fund, CNSS),
— forestry companies.

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Moreover, a civil society structure is set up to monitor the activities of the forestry companies and help develop
verification procedures.
In addition, the LVS is audited by the Independent Auditor of the System.
The responsibilities of the various entities involved in operating the LVS system will be described in the following
chapters.
However, the powers described of the various entities involved and the human resources needed, including the skill levels
required for each post, will be detailed during the system development phase.
Similarly, in the organisation of control and verification functions, special attention will be paid to mechanisms for the
management and control of potential conflicts of interest.
CHAPTER 2
COVERAGE
The LVS is applied to ALL national sources of timber and to imported products. All timber sold in Congo is therefore
included in the legality verification system.
The verification of legality therefore covers the national market and export markets for all products defined in Annex I,
irrespective of the country exported to.
The system also covers requirements with respect to timber of Congolese origin passing through other countries (in
particular Cameroon).
CHAPTER 3
3.1. Legality matrices
The Congo LVS includes two legality matrices: (i) Matrix for Assessing the Legality of Timber Produced in Natural
Forests in Congo and (ii) Matrix for Assessing the Legality of Timber Produced in Forest Plantations in Congo (cf.
Annex II). The matrices contain indicators and verifiers concerning the following aspects:
— the existence of the forestry company,
— the legal rights of access to forest resources and the granting of periodic licences,
— compliance with management rules,
— compliance with certain provisions on harvesting and processing,
— compliance with environmental rules,
— the conformity of tax returns and payment of duties and social security contributions within the stipulated
deadlines,
— the provision of information to and the involvement of civil society and local and indigenous populations in the
management of the forestry concession,
— respect for the rights of local and indigenous populations and workers,
— the meeting of commitments with respect to contributing to socioeconomic development.
The legality matrices define the requirements imposed on companies carrying out forestry activities and producing or
processing timber and derived products. The indicators and verifiers in the matrix are divided into two categories: (i)
those that are not linked to the traceability chain; and (ii) those that are verified within the framework of the
traceability chain.
Sub-chapter 3.2 looks at the first of these categories, while Chapter 4 deals with the indicators and verifiers in the
second category.

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3.2. Verification procedures
The verification of legality is based on documentary evidence (checking of documents) and/or on-site visits. Certain
indicators and verifiers can be verified just once during the company’s existence (validity of the certificate of
exploitation and of the provision of the management plan). Other indicators and verifiers need to be verified
periodically (every month or quarter) or once a year.
Table No 1 outlines the responsibilities, methods and frequency of verification of activities for timber produced in
natural forests.
The verification strategy can be summarised as follows:
3.2(a) First level: checks carried out by authorised departments
— The existence of the forestry company is checked by the trade, labour and tax authorities.
— Where the company holds a management and processing agreement (CAT) or an industrial processing
agreement (CTI), the forestry permit request file approved by the forestry Commission contains the key
information relating thereto, as required under the forestry code (Articles of association, trading licence,
commercial registration number, approval, licence, etc.). This also enables the Forestry Authority to check
certain facts relating to the existence of the forestry company.
— Periodic licences (company licence, annual harvest licence, annual harvest management licence, timber
clearing licence) are granted by the Departmental Forest Economy Office on the basis of the files
containing documents required under applicable regulations, in particular the annual harvest survey
report. Copies of licences issued and the files relating thereto are sent to the General Forest Economy
Office.
— Other licences are issued and checked by the tax and customs authorities.
— On-site inspections enable the local Forestry Authority to check compliance with rules on the harvesting
and processing of timber.
— As far as drawing up, approving and monitoring implementation of the forestry concession management
plan are concerned, this work is carried out on the basis of management standards and directives.
— Ground work is checked and assessed by the Forest Department and the National Centre for the
Surveying and Management of Forestry and Fauna through work carried out on the ground, reports
on which are sent to the General Forest Economy Inspectorate (IGEF).
— Multi-resource inventory reports, socioeconomic and ecological studies, and the breakdown of the Forest
Management Unit (UFA) into management blocks are examined and approved by an interministerial
committee consisting of the Water and Forest, Agriculture, Land Management and Environment
Authorities.
— Before it is approved, information about the management plan is disseminated to the local populations.
— It should be pointed out that the management plan is approved at the end of a meeting of the Forestry
Authority, local authorities (prefecture, subprefecture, departmental council, village committees), the
departmental services, NGOs and representatives of indigenous peoples.
— As far as compliance with environmental rules is concerned, checks are carried out by the Departmental
Office for the Environment (compliance with legal and regulatory provisions) and the Departmental Forest
Economy Office (when monitoring implementation of forestry concession management plans).
— The committee monitoring and reviewing the forestry concession management plan, consisting of all
those involved in managing the forestry concession, can also check compliance with provisions and
measures associated with conservation and environmental protection.

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— Providing information to and involving local and indigenous populations and the respecting of their rights
are checked through minutes of meetings between the forestry company and the latter. During worksite
inspections, the Forestry Authority can also speak to the people concerned.
— Minutes of meetings of committees monitoring and reviewing management plans can also be used to
check that these commitments are being met by the forestry company.
— As far as respecting workers’ rights is concerned, checks are carried out by the Departmental Labour
Office and the Departmental Office for the National Social Security Fund (CNSS).
— The Transport Authority will organise documentary checks to ensure that the means of transport used
and the products transported comply with the relevant regulations.
— Inspection reports by those structures (Departmental Labour Office and Departmental Office for the
CNSS), the minutes of union meetings or meetings between unions and the forestry company are
appropriate inspection documents.
Detailed terms for the communication of first level inspection results to the IGEF will be defined in the
development phase of the system. These terms will also set out the way in which an authority informs the
IGEF of an infringement.
3.2(b) Second level: verification by the IGEF
The IGEF has overall second level responsibility in verifying:
— the legality of the forestry entity, and
— inspection of the supply chain.
As far as verifying the legality of the forestry entity, the various checks mentioned under 3.2(a) enable the
General Forest Economy Inspectorate to carry out its verification work through:
— discussions with the local/regional Forestry Authority (Departmental Forest Economy Office and Forest
Economy Team), the other public authorities concerned and forestry companies,
— verification of various documents of the local Forestry Authority (Departmental Forest Economy Office
and Forest Economy Team), the other public authorities concerned and forestry companies,
— on-site checks, if applicable. Civil society representatives may, if applicable, attend on-site checks and
prepare an independent inspection report.
For that purpose, the IGEF is responsible for ensuring that the other institutions involved in carrying out
checks (Trade, Labour, Tax, Agriculture, Land Management, Environment, CNSS, etc.) have carried out their
tasks and received the results required for checking purposes. It does this of course through visits to the
institutions concerned, documentary checks and verification of available databases.
The various data resulting from the first level check will be verified by the IGEF, then approved. A written
record of this second level verification process and approval will be retained and archived in accordance with
the terms defined during the system development phase.
This verification process results in the issuing of a legality certificate which is given to the applicant.

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The legality of a company will be based on compliance with indicators and verifiers using a combined system, in
other words the indicators and verifiers for the year preceding the legality certificate application have indeed been
met and attest to the company’s legality and, on the other hand, no infringement has been reported in respect of the
current year.
The legality certificate is valid for one year. Before expiry of the certificate, a new IGEF check is scheduled and carried
out to enable the issuing of a legality certificate for the following year. If, for reasons outside the company’s control,
this new check cannot be carried out by the deadline set, the certificate can be extended for a maximum of six
months.
3.3. Verification of legality in certified forestry concessions
The various standards taken into account by the private bodies for the certification of forestry concessions in Congo
(FSC, OLB, TLTV) have fully incorporated the main criteria, indicators and verifiers relating to:
— the legal existence of the company,
— the holding of periodic licences permitting the activities,
— compliance with legal and regulatory provisions relating to forestry,
— compliance with regulations relating to management, forestry, timber processing and tax,
— compliance with environmental rules,
— subcontracting work in accordance with the regulations.
A formal assessment of the standards for the private certification of forestry concessions in Congo (FSC, OLB, TLTV
currently used in Congo and any other standards) with respect to the legality matrix will be carried out by the IGEF
during the system development phase. Following this assessment, a report is drawn up that will be published and
publicly accessible.
If this assessment is favourable, the private certification system will be approved by the IGEF. This approval will be
published. It will hence allow the IGEF to grant a legality certificate to companies certified under such a system,
without the IGEF having to carry out any specific assessment itself, avoiding double verification of legality in these
certified forestry concessions.
However, the forestry company receiving this approved certification has to send the General Forestry Economy
Inspectorate all certification audit reports drawn up under the private certification system to enable it to monitor
compliance with legality in this process and thus enable the issuing of the legality certificate in respect of the
company concerned. It also has to inform the IGEF immediately of any suspension or withdrawal of the private
certificate. The terms for carrying out the corrective actions required under private certification systems will be laid
down during the system development phase.
3.4. Failure to comply with matrix requirements
Under the LVS, any failure to comply with legality requirements will be handled in accordance with legal and
regulatory provisions applicable in the country concerned. Current provisions will be supplemented by a series of
supplementary measures.
If matrix requirements are not complied with, all measures will be taken to withdraw the legality certificate and, if
applicable, seize any shipments for which a FLEGT licence application is pending. The legality certificate may then be
cancelled by the IGEF in the event of practices breaching requirements with respect to the FLEGT system duly
identified by the IGEF and/or by the Joint Implementation Committee of the Agreement.
A manual outlining how to deal with any failure to comply with indicators in the legality matrix and/or in the
traceability system will be developed during the system development period. It will explain, amongst other things,
how to deal with these breaches, including failure to meet prescribed deadlines, any corrective action required, and
the liability of the various parties concerned in this respect. Terms regarding the management and dissemination of
information relating to these breaches will also be defined during the system development phase.

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Table 1: Checking and verification of verifiers not linked to the traceability chain for timber produced in natural
forests
Aspect of legality Indicator/verifier Responsibility
for
the
1st
level
check Verification
means Verification
frequency
— Registration of the company with the
competent authorities (1.1):
EN

— Trading licence (1.1.1) Trade
Authority Documentary
verification Once
a
year
— Certificate of registration with the national Labour Authority Documentary
verification Once
a
year
social security fund (CNSS) (1.1.2.1)
— Consent (1.1.3.1) DDEF/Teams Documentary
verification Once
a
year
— Licence (1.1.3.2) DDEF/Teams Documentary
verification Once
a
year
— Judicial decision (1.2.1.1) Judicial
Authority Documentary
verification Once
a
year
Off
— Suspension note (1.2.2.1) Judicial
Authority
icial
Documentary
verification Once
a
year
— Declaration of existence (1.1.2.2) Labour
Authority
Jour
Documentary
verification Once
a
year
— Business, credit and real estate register Trade Authority
nal
Documentary
verification Once
a
year
(1.1.1.2)
of
the
Legal rights of access — compliance with the steps leading up to the
to forestry resources
granting of a certificate of exploitation (2.1.1)
European
(2)
— area permit (call for tenders order (2.1.1.1), DDEF
Verification of documents Once during the
minutes of the meeting of the forestry Teams
validity of the
Commission (2.1.1.2), notification of
CTI/CAT
Union
consent (2.1.1.3), negotiation of
agreement (2.1.2.1), special permit
(2.1.2.2)
— periodic licences for carrying out activities
(2.2):
— Installation, annual harvest, completion DDEF
Verification of documents Once a year
and clearing licence (2.2.2.1)
Teams
and on-site verification of
the Departmental Forest
Economy Office
— verification reports on the annual harvest, the DDEF
Verification of documents Once a year
completion harvest and the checking of non- Teams
and on-site verification of
evacuated timber (2.2.1.2)
the Departmental Forest
Economy Office
— trading licence (2.2.3.1), consent of the auth Customs Authority, Tax Authority
6.4.2011
Verification
of
documents Once
a
year
orised customs inspector. (2.2.3.2)
— Consent (2.2.3.3) DDEF/Teams Verification
of
documents Once
a
year

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6.4.2011 Off
Aspect of legality Indicator/verifier Responsibility
for
the
1st
level
check Verification
means Verification
frequency
Compliance with
— compliance of inventory reports, supple DDEF
Verification of documents Once during the
management rules
mentary studies and the management plan Teams
(examination of reports)
management plan
with standards and directives for the
drafting period
management of forestry concessions (4.3.1)
(supplementary study reports (4.3.3.2),
inventory report (4.3.3.1), management plan
EN
(4.3.3.3))

— validation of inventory reports, supplementary DDEF
Verification of documents Once during the
studies and the plan by the Forestry Authority Teams
(examination of minutes)
management plan
and the stakeholders in the management of
drafting period
the concession (Annual harvest licence
(4.3.3.2), minutes of the meeting validating
inventory reports, supplementary studies and
the management plan (4.3.2.1/4.3.2.2),
minutes of the meeting validating the adminis
trative plan) (4.3.3.1)
icial
Jour
Compliance with
— forest maps drawn up in accordance with DDEF
Verification of documents Once a year
provisions on
standards (4.4.1) forest maps (4.4.1.1) Teams
and on-site verification
nal
timber harvesting Inspection reports of the Departmental Forest
of
and processing (4)
Economy Office and the Central Office
(4.4.1.2)
the
European
— The company carries out all of its timber DDEF
On-site verification Once
a
year
exploitation activities within its concession Teams
and within the boundaries of its annual
Union
harvesting sites (4.4.2) (Annual harvest
licence (4.4.2.1), Inspection reports of the
Departmental Forest Economy Office and the
Central Office (4.4.2.2), Activity reports of the
Departmental Forest Economy Office and the
Central Office (4.4.2.3))
— roads built in accordance with the rules (4.5) DDEF
On-site verification Once
a
year
(Management plan (4.5.1.1), Exploitation plan Teams
(4.5.1.2), Road network map (4.5.1.3),
Inspection reports of the Departmental Forest
Economy Office (4.5.1.4)
— The company complies with the species and DDEF
Verification of documents, Once a month
volumes to be taken as laid down in the regu Teams
on-site verification, SIGEF
lations and the management plan. (4.6.1)
consultation
(Management plan, Annual exploitation plan,
L
Annual harvest licence, Worksite book,
92/179
Inspection reports of the Departmental Forest
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Aspect of legality Indicator/verifier Responsibility
for
the
1st
level
check Verification
means Verification
frequency
— The company complies with the felling DDEF
Verification of documents, Once a year
diameters laid down in the regulations and Teams
on-site verification, SIGEF
the management plan (4.6.1) (Management
consultation
plan (4.6.1.1), Exploitation plan (4.6.1.2),
Annual harvest licence (4.6.1.3), Worksite
EN
book (4.6.1.4), Inspection reports of the

Departmental Forest Economy Office (4.6.1.5))
— non-abandonment of timber (4.7) (Inspection DDEF
Verification of documents Once a year
reports of the Departmental Forest Economy Teams
and on-site verification
Office 4.7.1.1/4.7.1.2), Worksite book
(4.7.1.3))
— The company complies with the processing DDEF
Verification of documents, Once a year
quota laid down under the applicable regu Teams
on-site verification, SIGEF
Off
lations. (4.8.1) (Annual production reports
consultation
icial
(4.8.1.1), Report of the Inspectorate of
Forestry Products for Export (4.8.1.2), Verifi
Jour
cation report on annual production of the
DDEF (4.8.1.3)
nal
of
the
— compliance of the industrial unit with the DDEF
On-site verification Once
a
year
provisions of the special terms and conditions Teams
European
of the agreement (4.8.2) (Agreement (4.8.2.1),
Inspection report of the Departmental Forest
Economy Office (4.8.2.2))
Union
— subcontracting for recovery of abandoned DDEF
Verification of documents Once a year
timber and by-products of processing Teams
and on-site verification
encouraged (4.12.2) (Contract (4.12.2.1))
— the company ensures that all of its subcon DDEF
Verification of documents Once a year
tractors have the necessary licences and pay Teams
and on-site verification
their employees in accordance with legal
requirements (4.12.1) (licences granted by the
competent authorities (4.12.1.1) Company
contract (4.12.1.2)
— contribution made to local socioeconomic Verification of documents and on-site verification Verification
of
documents
Twice a year
development (4.9.1) (special terms and
and on-site verification
conditions of the agreement (4.9.1.1),
Inspection reports of the Departmental Forest
6.4.2011
Economy Office (4.9.1.2), Inspection and
activity reports of the Departmental Forest
Economy Office (4.9.1.3)

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6.4.2011 Off
Aspect of legality Indicator/verifier Responsibility
for
the
1st
level
check Verification
means Verification
frequency
— financing of the local development fund DDEF
Verification of documents Twice a year
(4.9.2) (Copies of cheques (4.9.2.1), Minutes Teams
and on-site verification
of meetings of the fund management
committee (4.9.2.2)
EN
— social and cultural infrastructures built up in DDEF
On-site verification Once
a
year

accordance with the adopted plans and Teams
national standards. (4.9.3) (Terms and
conditions (4.9.3.1), Inspection reports of the
Departmental Forest Economy Office
(4.9.3.2/4.9.3.3), Town Planning and Housing
Inspection Reports (4.9.3.4))
Conformity of tax — conformity of tax returns (4.10)
returns and
payment of taxes
icial
and social security
— income tax return (4.10.1.1) Tax
Authority Verification
of
documents Once
a
year
contributions.
Jour
— customs declaration (4.10.2.1) Customs
Authority
nal
Verification
of
documents Once
a
month
of
the
— export declaration (4.10.2.2) Customs
Authority Verification
of
documents Once
a
year
European
— import declaration (4.10.2.3) Customs
Authority Verification
of
documents Once
a
year
Union
— company balance sheet (4.10.3.1) Tax
Authority
and
DDEF Verification
of
documents Once
a
year
— annual salary statement (4.10.3.2) Teams
Verification of documents Once
a
year
Labour Authority
— payment in good time of any dues and taxes DDEF
— Verification
of Once a month
relating to forestry (4.11.1) (copies of cheques Teams
documents
(4.11.1.1), tax register/payment receipt
(4.11.1.2)
— On-site verification Twice
a
year
— The company duly pays all taxes and fees Tax Authority and Customs Authority —
Verification
of
Once a month
associated with importation (4.11.2)
documents
(statement of payment of fees and taxes
(4.11.2.1), copies of cheques (4.11.2.2),
L
payment receipt (4.11.2.3), Establishment
— On-site verification Twice
a
year
92/181
agreement (4.11.2.4)

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L 92/182
Aspect of legality Indicator/verifier Responsibility
for
the
1st
level
check Verification
means Verification
frequency
— The company pays in good time all taxes, fees Tax Authority —
Verification
of
Once a month
and duties from which it is not exempt and
documents
which are applicable in national territory
(4.11.3) (Copies of cheques (4.11.3.1),
— On-site verification Twice
a
year
Payment receipts (4.11.3.2)
EN

— The company pays its contributions in arrears Tax Authority —
Verification
of
Once a month
(4.11.4) (Payment certificate (4.11.4.2) Copies
documents
of cheques/payment slips (4.11.4.2)
— On-site verification Twice
a
year
— The company carries out, within the Tax Authority, DDEF, Teams —
Verification
of
Once a month
prescribed deadlines, its transactions relating
documents
to customs, tax, trade and social security
(4.11.5) (Infringement reports (4.11.5.1),
— On-site verification Twice
a
year
Transaction certificate (4.11.5.2), Copies of
Off
cheques (4.11.5.3), Payment receipt (4.11.5.4))
icial
Jour
Compliance with
— Procedures for drawing up environmental Environmental Authority —
Verification
of
Once while the
nal
environmental legis
impact studies (4.1.1) (approval of the office
documents
study is being
lation and regu
carrying out the study (4.1.1.1), impact study
carried out
of
lations
report (4.1.1.2), Minutes of the meeting
the
approving the impact study report (4.1.1.3))
European
— biodiversity (4.1.2) (on-site inspection and Environmental Authority —
On-site
verification Once
a
year
audit reports (4.1.2.1), DDEF activity
reports, DDEF inspection report (4.1.2.2)
— Reports
of
the Once a year
Union
report of the committee monitoring and
committee monitoring
reviewing the management plan (4.1.2.3)
the plan
— health and cleaning-up of base camps and Health Authority
— On-site verification Once
a
year
industrial sites (4.1.3) (Order approving the Environmental Authority
personnel of the company’s socio-sanitary
centre (4.1.3.1), Order authorising
performance of the Ministry in charge of
health (4.1.3.2), minutes of meetings of
the health and safety committee (4.1.3.3),
Report of the committee monitoring and
reviewing the management plan (4.1.3.4))
— compliance with rules on:
— disposal of waste (4.2.1) (Inspection report Health Authority
— On-site verification Once
a
year
of the Departmental Forest Economy Environmental Authority
6.4.2011
Office and the Central Office (4.2.1.1),
Report of the committee monitoring and
reviewing the management plan (4.2.1.2)

---

6.4.2011 Off
Aspect of legality Indicator/verifier Responsibility
for
the
1st
level
check Verification
means Verification
frequency
— protection of fauna (4.2.1) (Company’s Forestry Authority —
USLAB
reports Twice
a
year
internal rules (4.2.2.1), Inspection report
of the Departmental Forest Economy
— Reports
of
the Once a year
Office and the Central Office (4.2.2.2),
committee monitoring
Report of the committee monitoring and
the management plan
reviewing the management plan (4.2.2.3))
EN

Provision of
— Involvement of civil society and local popu
information to and
lations (3.1)
the involvement of
civil society and
— Minutes of meeting of the committee DDEF
Verification of documents Once
a
year
local and indigenous
monitoring and reviewing the
Teams
populations in the
management plan (3.1.1.1)
management of the
forestry concession
— Minutes of information meetings (3.1.2.1) DDEF
On-site verification, verifi Once a year
Teams
cation of documents
icial
— monitoring and resolving disputes (3.3):
Jour
nal
— Minutes of consultative meetings between DDEF
On-site verification, verifi Once a year
of
the company and local populations Teams
cation of documents
the
(3.3.1.1/3.3.2.1)
European
Respect for the — The company respects the customs, practices
rights of local and
and rights of local and indigenous populations
indigenous popu
(3.2.1)
Union
lations and workers
— Report of the committee monitoring and DDEF
Verification of documents Once
a
year
reviewing the management plan (3.2.1.1) Teams
— On-site inspection report of the Depart DDEF
Verification of documents Once
a
year
mental Forest Economy Office (3.2.1.2)
Teams
— The company meets its commitments with
respect to local and indigenous populations
(3.2.2):
— Report of the committee monitoring and DDEF
Verification of documents Once
a
year
reviewing the management plan (3.2.2.3) Teams
— Terms and conditions/Memorandum of DDEF
Verification of documents Once
a
year
understanding (3.2.2.1)
Teams
L
92/183
— Inspection report of the Departmental DDEF
Verification of documents Once
a
year
Forest Economy Office (3.2.2.2)
Teams

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L 92/184
Aspect of legality Indicator/verifier Responsibility
for
the
1st
level
check Verification
means Verification
frequency
— If property belonging to local and indigenous
populations is destroyed by the company,
compensation meets the requirements of
applicable legislation and regulations. (3.2.3):
EN
— Compensation register and minutes DDEF
Verification of documents Once
a
year

(3.2.3.1)
Teams
— Compensation receipt (3.2.3.2) DDEF
Verification of documents Once
a
year
Teams
— The social partners of the company are DDEF
Verification of documents Once
a
year
sufficiently well informed of their rights (3.4 Teams
includes indicators 3.4.1/3.4.2/3.4.3)
Off
— Existence of staff representatives and union Labour Authority Verification
of
documents Once
a
year
branches (3.4.1.1)
icial
Jour
— Existence of union premises (3.4.1.2) Forestry
Authority,
Labour
Authority On-site
verification Once
a
year
nal
— Existence of records of complaints and Forestry Authority, Labour Authority On-site
verification Once
a
year
of
claims (3.4.1.3)
the
European
— Memorandum of placement on leave for Labour Authority Verification
of
documents Once
a
year
worker education (3.4.2.1)
— Documents available (3.4.3.1) Labour
Authority
Union
Verification
of
documents Once
a
year
— The company respects workers’ rights (3.5
includes indicators 3.5.1 – 3.5.5)
— Minutes of meetings (3.5.1.1) Labour
Authority Verification
of
documents Once
a
year
— Record of complaints Labour
Authority Verification
of
documents Once
a
year
— Employer register (3.5.2.1) Labour
Authority Verification
of
documents Once
a
year
— Employment contract (3.5.2.2) Forestry
Authority,
Labour
Authority Verification
of
documents Once
a
year
— Internal rules displayed (3.5.2.3) Labour
Authority Verification
of
documents Once
a
year
— List of workers registered with the CNSS Labour Authority, Forestry Authority Verification 6.4.2011
of
documents Once
a
year
(3.5.2.4)
— Pay registers signed (3.5.3.1) Labour
Authority Verification
of
documents Once
a
year

---

6.4.2011 Off
Aspect of legality Indicator/verifier Responsibility
for
the
1st
level
check Verification
means Verification
frequency
— Pay slips (3.5.3.2) Labour
Authority Verification
of
documents Once
a
year
— Health and safety committee reports Health Authority Verification
of
documents Once
a
year
(3.5.4.1)
EN
— Medical check-up registers (3.5.4.2) Labour
Authority

Verification
of
documents Once
a
year
— Accident in the workplace register (3.5.4.3) Labour
Authority Verification
of
documents Once
a
year
— Social security register (3.5.4.4) Labour
Authority Verification
of
documents Once
a
year
— Report of the committee monitoring and DDEF
Verification of documents Once
a
year
reviewing the management plan (3.5.4.5) Teams
— Working hours displayed (3.5.5.1) Labour
Authority
icial
Verification
of
documents Once
a
year
— Authorisation of overtime by the Depart Labour Authority
Jour
Verification
of
documents Once
a
year
mental Labour Office (3.5.5.2)
nal
of
— Copy of the offer sent to National Office Labour Authority Verification
of
documents Once
a
year
the
of Employment and Labour (ONEMO)
(3.5.6.1)
European
— Employment contract (3.5.6.2) Labour
Authority Verification
of
documents Once
a
year
Union
— The company subcontracts work to other
companies in accordance with the rules (4.12
includes indicators 4.12.1-4.12.3)
— Licences granted by the competent Labour Authority, DDEF Verification
of
documents Once
a
year
authorities (4.12.1.1)
— Company contract (4.12.1.2/4.12.3.1) Labour
Authority,
DDEF Verification
of
documents Once
a
year
— Contract (4.12.2.1) Labour
Authority,
DDEF Verification
of
documents Once
a
year
— staff secondment agreement (4.12.3.2) Labour
Authority,
DDEF Verification
of
documents Once
a
year
The company
— Timber is transported in accordance with
complies with regu
applicable legislation and regulations (5.1
lations regarding includes indicators 5.1.1-5.1.4)T
L
timber transpor
92/185
tation and marketing
— Vehicle registers (5.1.1.1) Transport
Authority Verification
of
documents Once
a
year

---

L 92/186
Aspect of legality Indicator/verifier Responsibility
for
the
1st
level
check Verification
means Verification
frequency
— Vehicle registration document (5.1.1.2) Transport
Authority Verification
of
documents Once
a
year
— Insurance (5.1.1.3) Transport
Authority Verification
of
documents Once
a
year
— Transport authorisation (5.1.2.1) Transport
Authority Verification
of
documents Once
a
year
— Seaworthiness certificate (5.1.2.2) Transport
Authority
EN
Verification
of
documents Once
a
year

— Consent (5.1.2.3/5.1.2.4) Transport
Authority Verification
of
documents Once
a
year
— Certificate of physical capability of the Transport Authority Verification
of
documents Once
a
year
vehicle (5.1.3.1)
By analogy, during the system development phase, a similar table will be drawn up for special permits and timber from plantations.
Off
icial
Jour
nal
of
the
European
Union
6.4.2011

---

EN
6.4.2011 Official
Journal
of
the
European
Union L
92/187
Diagram 1: Granting of the legality certificate
CHAPTER 4
4.1. Principles for checking the supply chain/traceability system
Congo has a timber traceability system based on the following four (04) main aspects:
— the origin or provenance of the product,
— the identification of the product by marking,
— the registration of basic information relating to these products in a medium that itself has well-established
traceability,
— the monitoring of products.
This system was established in law 16-2000 of 20 November 2000 setting out the forestry code and its main
implementing provisions, in particular decree 2002-437 of 31 December 2002 laying down the conditions of forest
management and use. Regulations on traceability relate to four (04) main aspects (origin or provenance, identifi
cation of the product by marking, registration of basic information, monitoring of products). They state that:
— the forestry operator is obliged to take, from a clearly specified area referred to as the annual harvest, a volume
of timber corresponding to the Maximum Annual Volume (MAV) allowed by the Forestry Authority. This area,
which is geographically referencable using the GIS geographic information system, is the starting point for
products authorised for felling. This annual harvest consists of areas in which a full count of harvestable
trees has been carried out, these trees being marked beforehand with white paint at the base during
counting. The results of counting given on a 1/20 000 map and a 1/50 000 map or sketch show all of the
depots, roads and tracks already opened and those yet to be opened. Based on the declaratory information
provided by forest operators, the Forestry Authority verifies the accuracy of the counts and the boundaries set for
the annual harvest before granting the harvest licence,
— for each tree felled, the operator must:
— indicate the place of felling: map showing the annual harvest count,
— record the trees counted that are included in the MAV in the cartography documents: map of the count
showing tree populations by species in each parcel,

---

L 92/188
EN
Official Journal of the European Union
6.4.2011
— mark the trunk, the stump, rootstock, logs and blocks from said trunk with the mark registered by the
company: triangular mark indicating the initials of the company, the tariff area and the felling number,
— register the trunks and the logs in the worksite, factory and export documents (worksite book, waybill book,
register of timber entering the plant, specification sheet),
— the forestry operator has to provide the Forestry Authority, each month, with a statement indicating the
production carried out in terms of species and destination. At the end of the year, he is obliged to file with
the Forestry Authority an annual summary statement indicating the volume of production in terms of species
and destination,
— monitoring and checks are carried out by the authorised departments of the Forestry Authority, namely:
— The General Forest Economy Office through:
— Head Offices (Forestry Office and Office for the Use of Forest Resources),
— twelve (12) Departmental Offices (Brazzaville, Pointe-Noire, Kouilou, Niari, Lékoumou, Bouenza, Pool,
Plateaux, Cuvette-Ouest, Cuvette, Sangha, Likouala), along with their teams and control stations,
— The General Forestry Economy Inspectorate with three divisional inspectorates,
— The Department for the Control of Forestry Products for Export and its departmental agencies.
The civil society structure can also accompany the IGEF on its on-site inspections and carry out its own on-site
monitoring.
4.2. Architectural structure: Steps for the tracing of timber from natural forests
4.2(a) Agreements
Tracing timber from natural forests resulting from concessions covered by an agreement (management and
processing agreement or industrial processing agreement) involves eight (8) steps:
— Step 1: Preparation and annual harvest application file (count map, road network map, etc.),
— Step 2: Verification of the boundaries and the results of the count, then granting of the annual harvest
licence,
— Step 3: Cutting of the timber (felling, cutting off top and bottom, extraction, sawing or preparation of
logs),
— Step 4: Storage of logs at various production depots (forest depot, export depot, plant depot),
— Step 5: Transportation of products: logs from forest depots to processing units/ports for export/local
market; processed timber from processing units to the port for export/local market,
— Step 6: Local processing of logs (first, second, etc.),
— Step 7: Export of products from the port (port of Pointe-Noire to Congo or port of Douala to
Cameroon),
— Step 8: Local trade networks in national markets.
Improvements will be made to the existing system under the LVS in the following steps:
— Step 1: The marking of trees will be supplemented by a prospection number for each tree which must
then be put on a map. Registration will be improved by setting up a file or a register of the numbering
of prospected trees and by files and/or maps showing the allotment of felling areas with the geo-
referenced positioning of trees,
— Step 2: Management teams and/or subsidiary offices of the CNIAF will lend their expertise to improve
Forestry Authority procedures for verifying the accuracy of systematic inventory results for the annual
harvest,

---

EN
6.4.2011 Official
Journal
of
the
European
Union L
92/189
— Step 3: The marking of trunks will be improved by adding the date or year of felling and the annual
harvest number. Management teams and/or subsidiary offices of the CNIAF will lend their expertise to
improve Forestry Authority procedures for monitoring and checking the annual harvest. In addition,
daily production reports (felling, cutting off top and bottom, haulage and extraction, etc.), files or maps
showing the allotment of felling areas with the positioning of trees in the MAV and worksite reports will
be included in the list of compulsory worksite documents. The verification of stumps will only be
possible in specific disputes. In such cases, members of the Team will verify stumps to establish the
stump count,
— Step 4: The marking of logs will be improved by adding a code indicating the destination (plant or
export). In addition, logs will have to be stored/packaged according to the allocated use (local plant or
export). Management teams and/or subsidiary offices of the CNIAF will lend their expertise to improve
Forestry Authority procedures for monitoring and checking the annual harvest. In addition, daily
production reports (felling, cutting off top, extraction, etc.), files or maps showing the allotment of
felling areas with the positioning of trees in the MAV and worksite reports will be included in the list of
compulsory worksite documents,
— Step 6: the registration of timber will be improved by the introduction of daily production files and a
register of processed timber leaving the plant.
The new structure of the traceability chain to be introduced for timber from natural forests exploited on the
basis of an agreement is as follows:

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L 92/190
Table 2: Structure of the traceability chain for timber exploited on the basis of an agreement
Steps Operations
Party responsible for the
Verification (physical and docu
operation
Data to be encoded
Party responsible for encoding/
Existing documents
mentary check) and frequency
Reconciliation of data
1. Prep
— Preparation of the The forestry company — Area of the AAC
— The forestry company — Team
via
expert The test of correspondence
aration
exploitation inventory
carries out systematic — Tree population to be
encodes and sends the data
inspections of the annual with the management EN
and
— Production of the counts of exploitable trees
exploited (average volume
used in monitoring the
harvest/Forestry
inventory is carried out on

annual
inventory report and and marks them with
based on the volume
traceability of trees to be
companies and updated closure of the last harvesting
harvest
maps relating to the white paint
table, and species)
felled to the SIGEF SIGEF database
site of the Forestry Production
appli
annual harvest
— Number of parcels of the
database via the Internet
— IGEF
via
checking/ Unit (FPU). The FPU is a
cation
— Compilation
and
AAC
— The
main
documents
inspection reports, SIGEF subdivision of the management
submission of annual
plan covering 5 AACs
— Geographical position of
relating to this step will be
database and traceability
harvest application files
the trees to be exploited
the count reports, the
system
— Marking of trees with a
annual harvest survey
— Average volume based on
prospection number
reports and the annual
the volume table harvest cartography
— Geo-referencing
of
(indicative volume)
Off
prospected trees
icial
Jour
2. Verifi
Verification of systematic The DDEF/Team ensures — Results (populations and — The results are submitted to — DDEF via inspections/on- Test of correspondence of data
cation
counting
that the results of the
species) of the recounts of
the IGEF by the Teams in
site inspection reports and by comparing the number of
nal
and
— Verification
of
the count are accurate by
trees to be exploited
survey reports
updated SIGEF database
trees in the counting phase
of
granting
forestry operator’s
recounting 5
% of the — Geographical position of — The
main
documents — IGEF via inspection reports, with those in the recounting
the
of the production capacity
parcels counted
the trees
relating to this step will be
SIGEF database and tracea phase
annual
the annual harvest licence
bility system
European
— Production
of
the
harvest
annual harvest survey
and the annual harvest
licence
report
cartography
Union
3. Cutting
— Carrying out sorting The forestry company — Species
— The company encodes and — Team/DDEF via production Test of correspondence of data
of timber
operations/counting
measures each log and — Length
sends the data used in moni
reports/checking
by comparing the number of
prior to felling
marks it using a bar code — Diameter
toring the traceability of
reports/on-site inspections trees felled per species
— Timber
production The bar code number
trees exploited to the SIGEF
and SIGEF database
category with that stated in
— Volume
(felling, cutting off top differs from the pros
database via the Internet
— IGEF via inspection reports, the annual harvest licence in
and bottom, haulage, pection number
— Cutting area
— The
main
documents
SIGEF database and tracea step 1
extraction, sawing into
— Tree felling number/bar
relating to this step will be
bility system
The MAV (m3) is not a relevant
logs)
codes
the SIGEF, the annual
indicator in that the annual
— Marking of trunks,
The bar code will be linked to
harvest cartography and the
harvest licence is granted on
stumps and logs with a
the following information: production/checking/
the basis of an indicative
felling number with a
AAC No, name of the inspection reports
volume established using the
bar code label and
operator, year of exploitation,
volume table
company stamp
AAC area, No of parcels
— Recording of trunks and
concerned, in particular to
logs in worksite
allow the correspondence test
documents
6.4.2011
— Marking of the year of
felling and the annual
harvest number

---

6.4.2011 Off
Steps Operations
Party responsible for the
Verification (physical and docu
operation
Data to be encoded
Party responsible for encoding/
Existing documents
mentary check) and frequency
Reconciliation of data
4. Storage
Sawing and allocation of The forestry company — Log/bar code number —
The
company
encodes
and
— Team/DDEF via on-site Test of the correspondence of
of logs
logs (logs for local plants scans all of the bar codes
sends the data used in moni
inspections and updated data by comparing tree
or for export)
toring the traceability of logs
SIGEF database
numbers/bar codes from step
— Drawing up specifi
prepared to the SIGEF — IGEF via inspection reports, 3 (cutting) with tree
EN
cation sheets
database via the Internet
SIGEF database and tracea numbers/bar codes from step

— Drawing up AVEs
— The
main
documents
bility system
4 (storage)
— Marking logs with bar
relating to this step will be — SCPFE subsidiary offices via
codes linked to the bar
the SIGEF and the reports on the checking of
code put on the trunk
production/checking/
log dimensions and
inspection reports
— Storage
of
logs
volumes
according to the allo
cation (local plant or
export)
icial
5. Transpor — Drawing up the waybill The transport company — Number of logs/bar codes — The
Team/Company — Team/Control
tation of
scans all of the bar codes
(same number) (no need
(forestry, transportation, station/SCPFE subsidiary
Jour
— Transportation of logs
products
— Transportation
of
to re-encode)
etc.) sends the data used in
offices via production/
nal
(logs and
planks, beams and
— Vehicle number plate
monitoring the traceability
checking reports and
products
of processed products to
updated SIGEF database
of
other exposed timber
— Place of departure
after
the SIGEF database via the
the
— IGEF via inspection reports,
processi
— Destination
Internet
SIGEF database and tracea
European
ng in
— The
main
documents
bility system
step 6)
relating to this step will be At control stations, verifi
the SIGEF and the
cation of transported timber
production/checking/
(species and marks)
Union
inspection reports
6. Local
— Measuring the volume The company notes the — Log/bar code number
— The company sends the data — Team/DDEF via checking Test of correspondence of data
processi
in the following four volumes and scans all of
(no need to re-encode)
used in monitoring the reports, production reports by comparing:
ng
steps:
the bar codes on their — Volume on entry to the
traceability of processed and updated SIGEF
— tree numbers/bar codes
(primary,
(1) on entry into the arrival at the company’s
plant
products to the SIGEF database
from step 6 (processing)
secondar
plant depot,
plant depot
database via the Internet
— IGEF via inspection reports,
with tree numbers/bar
y, etc.)
— Volume on entry into the
(2) on entry into the It draws up daily production line
— The
main
documents
SIGEF database and tracea
codes from step 5 (transpor
processing unit,
production reports
relating to this step will be
bility system
tation) for timber to be
— Volume on exit from the
(3) on exit from the The company has to
the SIGEF and the
processed
production line
Checking of timber yields on
processing unit,
monitor/check stocks of
production/checking/
the basis of the daily reports Test of correspondence
— Dimensions
and
inspection reports
(4) volumes exiting the logs and finished products
between the following three
volume/bar code numbers
plant
steps:
of finished products/
— Performance of timber
packages leaving the
— material yields (volume on
processing operations
company
entry into the production
L
line and on exit from the
92/191
— Marking of products/
production line)
packages

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L 92/192
Steps Operations
Party responsible for the
Verification (physical and docu
operation
Data to be encoded
Party responsible for encoding/
Existing documents
mentary check) and frequency
Reconciliation of data
— inventories of processed
products
— volume of merchandise
delivered (leaving the plant)
EN

7. Export of Compilation of timber The company responsible Bar code number (logs or — The SCPFE sends the data — SCPFE/Customs
via Test of correspondence of data
products
export files: Waybills, Spec for exporting scans all of packages of finished products)
used in monitoring the checking reports,
by comparing:
ification sheets, AVEs, EX1 the bar codes
traceability of processed production reports and
(formerly D6), EX8
products to the SIGEF updated SIGEF database
(a) for exported logs:
(formerly D15), certificate The SCPFE verifies corre
database via the Internet
of origin, dispatch note, spondence between the
— IGEF via inspection reports,
phytosanitary certificate,
— tree numbers/bar codes
statements and the
— The
main
documents
SIGEF database and tracea
shipment note, manifest/
from steps 3 (cutting),
physical checks. In
relating to this step will be
bility system
bill of lading
4 (storage) and 5 (trans
addition, on the basis of
the SIGEF and the
Off
portation) with tree
the validation of the IGEF,
production/checking/
numbers/bar codes icial
Pro forma of the
the SCPFE verifies the
inspection reports
from step 7 (export)
commercial invoice,
correspondence of
Jour
Customs declaration and statements with the data
Delivery note
recorded in the SIGEF and
(b) for processed products:
nal
grants an FLEGT licence
of
— export volumes with
the
step 6
European
— step reports with SIGEF
data
Union
— with SCPFE information
8. Local
Local sale of processed The company keeps
Number of packages/package — The company sends the data — SCPFE/Customs
via Test of correspondence of data
trade
products (planks, beams, accounts of local sales
number
used in monitoring the checking reports,
by comparing production
networks rafters and other exposed
traceability of processed production reports and reports from steps 6
for the timber)
products to the SIGEF updated SIGEF database
(processing) and 8 (local trade)
products
database via the Internet
— IGEF via inspection reports,
— The
main
documents
SIGEF database and tracea
relating to this step will be
bility system
the SIGEF and the
inspection/production/
checking reports
6.4.2011
NB: Through use of a (unique) felling number, the identity of the product is guaranteed right along the chain. All timber entered will be saved on the traceability system and will be used for charitable activities
to help local authorities and socio-sanitary structures (schools, hospitals, etc.). The General Forest Economy Office will ensure that it is appropriately codified.

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EN
6.4.2011 Official
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Union L
92/193
Semi-finished products (sawn products, veneered products, rotary process products, etc.) are marked according
to lots established on the basis of the product and/or the client. The method of dealing with ‘material yield’
still has to be enhanced in order to improve monitoring of timber at the plant.
The Department for the Control of Forestry Products for Export (SCPFE) sends, in accordance with the
provisions of Article 130 of Decree No 2002-437 of 31 December 2002 laying down the conditions of
forest management and use, a monthly report to the office of the Minister responsible for forests, to the
General Forest Economy Office and to the General Forestry Economy Inspectorate (this report must state the
volumes or quantities of timber exported and the timber in transit by species, by merchantable quality, by
recipient (timber for export) or sender (timber in transit) and by supplier. Details relating to timber in transit
are given in paragraph 4.4.
Companies that have their own traceability system will be linked to the national traceability system to enable
data transfer.
For any timber not exported directly from the port of Pointe-Noire, the methods of reconciling data with that
produced by the timber depot company in Douala and bodies verifying legality in neighbouring countries will
be laid down in the system development phase.
4.2(b) Special permits
Timber from natural forests cut on the basis of special permits must follow the traceability chain consisting
of the following five (05) main steps:
— Step 1: Application for and granting of the certificate of exploitation (special permit),
— Step 2: Cutting of the timber (felling, cutting off top and bottom, extraction, sawing or preparation of
logs),
— Step 3: Product processing,
— Step 4: Transportation of processed timber,
— Step 5: Local market for processed timber.
Improvement will be made in the following steps:
— Step 1: Registration of counted and marked trees in a working document (inventory report or report on
the identification of marked trees and map showing the location of marked trees). The marking report
must be included on the list of compulsory worksite documents,
— Step 2: Registration of felled trees in worksite documents (production report, worksite book). Production
reports and the worksite book must be included on the list of compulsory worksite documents,
— Step 3: Registration of processed timber in a processed-product register. Production reports and the
processed-timber register or register of timber entering the plant must be included on the list of
compulsory worksite documents,
— Step 4: Registration of transported products in a waybill. The special permit relates to the number of trees
or trunks. It must be supplemented by the waybill indicating the number, volume, origin, destination and
date of production of transported products,
— Step 5: Registration of products placed on the local market in a waybill.
It should be pointed out that, under the provisions of Article 186 of Decree No 2002-437 of 31 December
2002 laying down the conditions of forest management and use, the special permit for the exploitation of
tree species for commercial purposes is, according to Article 70 of the Forestry Code, only granted in areas
where populations have difficulty obtaining manufactured timber. These products are sold exclusively in the
areas concerned, as determined by an order of the minister responsible for the forest economy.
By law, products found outside the areas concerned are in breach and are therefore seized and used for
charitable activities to help local authorities and socio-sanitary structures (schools, hospitals, etc.). The General
Forest Economy Office will ensure that it is appropriately codified.
If the verifiers of the legality of products exploited on the basis of trees felled under special permits are
verified, the structure of the traceability chain to be put in place can be described as follows:

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L 92/194
Table 3: Structure of the traceability chain for timber exploited on the basis of special permits
Steps Operations
Party responsible for the
Verification (physical and docu
operation
Data to be encoded
Party responsible for encoding/existing
documents
mentary check) and frequency
Reconciliation of data
1. Application
for — Carrying
out
marking The DDEF and the special — Tree population to be — The DDEF encodes and sends — Team
via
marking
EN
and granting of
inspection of trees to be felled permit applicant mark
exploited
the data used in monitoring
inspections and updated

the special permit
the requested trees
the traceability of trees to be
SIGEF database
— Production of the marking
— Geographical position
felled to the SIGEF database
inspection report
of trees to be via the Internet
— IGEF
via
checking/
exploited
inspection reports, SIGEF
— Marking the standing trees
— The main documents relating
database and traceability
with a marking number
— Marking number
to this step will be the
system
marking reports and the
— Geo-referencing of marked
harvest area cartography
trees
Off
icial
Jour
2. Cutting of timber —
Timber production (felling, The holder of the special — Species
— The holder of the special — Holder of the permit via Test of corre
nal
cutting off top and bottom)
permit measures each log,
permit encodes and sends the
production reports
spondence of data by
of
its volume and the — Length
data used in monitoring the
the
comparing the
— Marking of trunks, stumps marking of a number
traceability of exploited trees — DDEF via production number of trees
European
and logs with a felling number
— Diameter
to the DDEF which adds it to
reports and SIGEF
felled per species
the SIGEF database via the
database
category with that
— Recording of trunks in
— Volume
Internet
stated in the marking
worksite documents
— IGEF via production/ report
Union
— Cutting area
— The main documents relating
inspection reports, SIGEF
— Marking of the year of felling
to this step will be the SIGEF,
database and traceability
and the annual harvest
— Tree felling number
the harvest cartography and
system
number
the production reports
3. Processing of logs Performance of timber processing The holder of the special — Volume of processed — The holder of the special — DDEF via production Test of the corre
on-site in the operations
permit measures the products
permit sends the production
reports and updated spondence of data by
forest
volume of products
report to the DDEF for compi
SIGEF database
comparing product
— Marking of products
obtained
— Types of products
lation of the data used in
quantities in terms of
obtained
monitoring the traceability of — IGEF via marking reports trees from step 3
processed products in the
and SIGEF database
(processing) with the
SIGEF database via the Internet
volume of trees from
step 2 (cutting)
— The main documents relating
to this step will be the SIGEF
6.4.2011
and the production reports

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6.4.2011 Off
Steps Operations
Party responsible for the
Verification (physical and docu
operation
Data to be encoded
Party responsible for encoding/existing
documents
mentary check) and frequency
Reconciliation of data
4. Transportation of — Drawing up the waybill
The holder of the special — Volume of processed — The DDEF sends the data used — DDEF via production Test of the corre
processed timber
permit records any products
in monitoring the traceability
reports and updated spondence of data by
— Transportation of logs
products resulting from
of processed products to the
SIGEF database
comparing product
the processing of felled — Types of products
SIGEF database via the Internet
quantities in terms of
trees
trees from step 3
EN
—
Transportation of planks,
transported
— IGEF via marking reports, (processing) with the

beams and other exposed
— The main documents relating
SIGEF database and
timber
— Vehicle number plate
to this step will be the SIGEF
traceability system
number of trees/tree
and the production reports
number from step 2
— Place of departure
(cutting)
— Destination
5. Local
trade Local sale of processed products The holder of the special Number of products — The DDEF sends the data used — DDEF via production Test of the corre
networks for
(planks, beams, rafters and other permit keeps accounts of obtained by category in monitoring the traceability
reports and updated spondence of data by
processed timer
exposed timber)
local sales
(planks, beams, rafters,
of processed products to the
SIGEF database
comparing product
boards)
SIGEF database via the Internet
quantities in terms of
icial
— IGEF
via
inspection trees from step 3
Jour
— The main documents relating
reports, SIGEF database (processing) with the
to this step will be the SIGEF
and traceability system
number of trees/tree
nal
and the production reports
number from step 2
of
(cutting)
the
European
Union
L
92/195

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L 92/196
EN
Official Journal of the European Union
6.4.2011
What is referred to as small-scale production falls within the scope of special permit requirements. It relates to the
use of the bottoms of trees authorised by the Forestry Authority on the basis of special permits. However, it is still
necessary to ensure that the database is complete through worksite documents and the SIGEF. The applicability of
this provision requires:
— the marking of trees in accordance with applicable rules (marking of standing trees and marking of felled trees),
— the registration of trunks and logs in accordance with applicable rules (worksite book),
— the declaration of processed products (timber exploited on the basis of special permits is systematically processed
at the harvest site. This relates to sawn timber (planks, rafters, beams, boards), means of transport (canoe), etc.),
— This system, which increases timber traceability, requires the stump and trunk to be marked in order to provide
comprehensive traceability.
4.3. Architectural structure: Steps for the tracing of timber from forestry plantations
Timber from plantations has to follow the traceability chain consisting of the following seven (07) main steps:
— Step 1: Application for and granting of the certificate of exploitation (plantation timber permit),
— Step 2: Cutting of the timber (felling, cutting off top and bottom, extraction, sawing or preparation of logs,
posts and/or steres),
— Step 3: Storage of products (logs, posts and/or steres) in the various production depots,
— Step 4: Transportation of products (logs, posts, etc.) at processing units/ports of export, posts and/or steres to
the local market,
— Step 5: Local processing of products (logs etc.),
— Step 6: Exporting of products (logs, posts, etc.) from the port of export (Pointe-Noire),
— Step 7: Local trade networks for by-products.
It should be pointed out that improvements will be made during the implementation phase in the following steps:
— Step 1: The annual harvest must be a compulsory worksite document,
— Step 2: Production reports (felling reports etc.) and worksite books must be compulsory worksite documents,
— Step 3: Production reports (handling/classification reports etc.) and worksite books must be compulsory
worksite documents,
— Step 4: Registration of transported products in waybills. The plantation timber harvest permit must be supple
mented by the waybill indicating the number, volume, origin, destination, date of production etc. of transported
products,
— The marking of logs will be improved by adding a code indicating the destination (plant or export).
Management teams and/or subsidiary offices of the CNIAF will lend their expertise to improve Forestry
Authority procedures for monitoring and checking the annual harvest. In addition, daily production reports
(felling, cutting off top, extraction, etc.), files or maps showing the allotment of felling areas with the
positioning of trees in the MAV and worksite reports will be included in the list of compulsory worksite
documents,
— Step 5: The registration of timber will be improved by the introduction of a register of timber entering the plant
depot, a register of timber entering the plant (logs in the plant depot entering the plant) and a register of
processed products (products obtained from logs entering the plant). A control station will be set up in the
plant depot,

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6.4.2011 Official
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— Step 6: The registration of exported products will be improved by waybills, specification sheets, AVEs, bills of
lading and other documents included in the compiling of the file on timber for export.
Under the framework of sustainable forest management, managed plantations will have administrative plans and
annual operation plans. Each annual operation plan will be consolidated on the basis of an assessment (inventory).
Monitoring products from this annual harvest can be carried out by marking packages.
The structure of the traceability chain to be introduced for timber from forest plantations exploited on the basis of
plantation timber harvest permits is as follows:

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L 92/198
Table 4: Structure of the traceability chain for timber harvested from forestry plantations
Steps Operations
Party responsible for the
Verification (physical and documentary
operation
Data to be encoded
Party responsible for encoding/Source of
information for existing documents
check) and frequency
Reconciliation of data
1. Application Compilation and
Company —
Number
of
felling
— The forestry company encodes and — DDEF via plantation timber A full list of trees unsuitable
EN
for and
submission of plantation
parcels and area sends the data used in monitoring
harvest permit application file for sale is drawn up (popu

granting of timber permit application
concerned
the traceability of trees to be felled
and updated SIGEF database
lations and reasons)
the
files
— Tree population to be
to the SIGEF database via the — IGEF via checking/inspection
certificate
exploited
Internet
reports, SIGEF database and
of exploi
— Felling parcel number
— The main documents relating to
traceability system
tation
— Geographical position of
this step will be the plantation
the production area
timber harvest permit application
file
Off
2. Cutting of — Timber
production The company
— Species
— The company encodes and sends — DDEF via production reports/ Test of correspondence of
icial
timber
(felling, cutting off measures each log
— Length
the data used in monitoring the
checking reports/on-site
data by comparing the
Jour
top and bottom,
— Volume
traceability of trees exploited to
inspections and SIGEF
number of trees felled per
haulage, extraction,
the SIGEF database via the Internet
database
species category with that
nal
sawing into logs)
— Cutting area
— The main documents relating to — IGEF via inspection reports, stated in the harvest licence
— Timber/package number
of
— Recording of trunks
this step will be the SIGEF, the
SIGEF database and traceability
the
and logs in worksite
harvest area cartography and the
system
documents
production reports
European
Union
3. Storage of Sawing and allocation of The forestry
— package or product/bar — The company encodes and sends — DDEF via on-site inspections, Test of the correspondence of
logs
logs (logs for local plants company scans all
code number
the data used in monitoring the
production reports and
data by comparing tree
or for export)
of the bar codes
traceability of logs prepared to the
updated SIGEF database
numbers from step 2
— Drawing up specifi
SIGEF database via the Internet
— IGEF via inspection reports, (cutting) with tree numbers
cation sheets
— The main documents relating to
SIGEF database and traceability from step 3 (storage)
— Drawing up AVEs
this step will be the SIGEF and the
system
Reconciliation on the basis of
— Marking packages or
production/checking/inspection
volumes
products (posts, logs)
reports
with a bar code indi
cating the destination
4. Transpor
— Drawing
up
the The transport
— package or product/bar — The Team/Company (forestry, trans — Team via checking reports,
tation of waybill
company scans all
code number
portation, etc.) sends the data used
production reports and
products
— Transportation
of of the bar codes
— Vehicle number plate
in monitoring the traceability of
updated SIGEF database
plantation products
processed products to the SIGEF
6.4.2011
— Place of departure
(logs, posts, etc.)
database via the Internet
— Destination

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6.4.2011 Off
Steps Operations
Party responsible for the
Verification (physical and documentary
operation
Data to be encoded
Party responsible for encoding/Source of
information for existing documents
check) and frequency
Reconciliation of data
— The main documents relating to — IGEF via inspection reports,
this step will be the SIGEF and the
SIGEF database and traceability
production/checking/inspection
system
reports
EN
At control stations, verification of

transported timber
5. Local
— Measuring the volume The company
— Volume on entry to the — The company sends the data used — DDEF via checking reports, Test of correspondence of
processing
in the following four measures the
plant
in monitoring the traceability of
production reports and
data by comparing:
of
steps:
volume in the — Volume on entry into
processed products to the SIGEF
updated SIGEF database
— tree numbers from step 5
products
(1) on entry into the following three the production line
database via the Internet
— IGEF via inspection reports,
(processing) with tree
(logs)
plant depot,
steps: on entry into — Volume on exit from — The main documents relating to
SIGEF database and traceability
numbers from step 4
(2) on entry into the the plant depot, on
the production line
this step will be the SIGEF and the
system
(transportation) for
processing unit,
entry into the
production/checking/inspection
Checking of timber yields on the
timber to be processed
icial
production
(3) on exit from the
reports
basis of the daily reports
Test of correspondence
processing line and
between the following three
Jour
processing unit,
on exit from
(4) volumes
exiting
steps:
production at the
nal
the plant
end of the
— material yields (volume
of
— Performance of timber production line. It
on entry into the
the
processing operations
draws up daily
production line and on
production reports
exit from the production
European
— Marking of products/
line)
packages
— inventories of processed
products
Union
— volume of merchandise
delivered (leaving the
plant)
6. Export of Compilation of timber The company
Bar code number (logs or — The SCPFE sends the data used in — SCPFE/Customs via checking Test of correspondence of
products
export files: Waybills, responsible for
finished products)
monitoring the traceability of
reports, production reports data by comparing (logs):
Specification sheets, AVEs, exporting scans all
processed products to the SIGEF
and updated SIGEF database
— tree numbers from steps
EX1 (formerly D6), EX8 of the bar codes
database via the Internet
— IGEF via inspection reports,
2 (cutting), 3 (storage)
(formerly D15), certificate The SCPFE verifies
— The main documents relating to
SIGEF database and traceability
and 4 (transportation)
of origin, dispatch note, the correspondence
this step will be the SIGEF and the
system
with tree numbers from
phytosanitary certificate, of data on
production/checking/inspection
step 6 (export)
shipment note, manifest/ products for export
reports
— step reports and SIGEF
bill of lading, pro forma and grants an AVE
of the commercial
Test of correspondence of
invoice, Customs
data by comparing (processed
declaration and Delivery
products): Volume leaving
L
the plant and volumes for
92/199
note
export

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L 92/200
Steps Operations
Party responsible for the
Verification (physical and documentary
operation
Data to be encoded
Party responsible for encoding/Source of
information for existing documents
check) and frequency
Reconciliation of data
7. Local trade Local sale of by-products The company keeps Number of packages
— The company sends the data used — DDEF via production reports Test of correspondence of
networks
(firewood, charcoal)
accounts of local obtained by category (steres
in monitoring the traceability of
and updated SIGEF database
data by comparing
for by-
sales
of firewood, bags of processed products to the SIGEF — IGEF via inspection reports, production reports from
products
charcoal)
database via the Internet
SIGEF database and traceability steps 5 (processing), 6
EN
— The main documents relating to
system
(export) and 8 (local trade)

this step will be the SIGEF and the
production reports
Off
icial
Jour
nal
of
the
European
Union
6.4.2011

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EN
6.4.2011 Official
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Union L
92/201
4.4. Timber from abroad in transit through Congolese territory or imported for processing in Congo
The transportation across Congolese territory of timber imported from other countries is controlled using the LVS.
At present, no timber is imported into Congo from other countries for processing in Congolese plants. However,
timber does pass through Congolese territory, in other words it is imported for re-exporting from the port of Pointe-
Noire, for example.
The legality of imported timber is always verified at the Republic of Congo border.
The supply chain of timber in transit or imported timber before it enters Congolese territory cannot be controlled in
the same way as timber from national forests.
Border procedures for controlling timber in transit or imported timber, its marking and those responsible for
carrying out checks will be specified in supplementary rules to be published and implemented during the system
development phase. These procedures will take into account the existence or otherwise of legality verification
systems in the country of origin. All timber imported and in transit will be entered on the traceability system in
accordance with terms to be laid down during the system development phase.
4.5. Failure to meet the legality requirements linked to the traceability system
The supply chain for each shipment of timber and derived products is controlled under the traceability system.
Procedures to deal with any problems that may be identified will be developed in the LVS during the system
development phase.
If matrix requirements are not complied with, all measures will be taken to suspend the FLEGT licence grant
procedure and, if applicable, seize shipments concerned.
A manual outlining how to deal with any failure to comply with indicators in the legality matrix and/or in the
traceability system will be developed during the system development phase.
The traceability of timber will be monitored through a database (SIGEF) that has an auto-blocking system. If legality
requirements linked with the traceability system are not complied with, the SIGEF database will be able to show the
requirement that has not been complied with, which can be accessed in real time at the IGEF when the licence
application is being examined.
Diagram 2: Traceability chain

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Official Journal of the European Union
6.4.2011
CHAPTER 5
5.1. Management of data for verification in accordance with the legality matrices
Data for verification in accordance with the legality matrices will be managed by the IGEF using Microsoft Excel type
electronic files or other databases. During the system development phase, detailed procedures are to be drawn up
regarding the management of data for verification in accordance with the legality matrices, agreements on the
accessing of data by the various parties, the consequences of a failure to meet one of the legality criteria (auto-
blocking system) and the format of the legality certificate.
5.2. The management of data in the timber traceability chain
The improved SIGEF is the traceability system developed on the basis of the SIGEF system existing in 2009 as an
information system for data currently stored in the databases of the DDEF, CNIAF and SCPFE. It is referred to as
SIGEF throughout this document.
The basic data for monitoring the course of timber entered into the database will be sent by forestry companies, if
possible every day via the Internet, to the central SIGEF database at the General Forest Economy Office. Moreover,
validation by Departmental Forest Economy Offices (DDEFs) of data after analysis of monthly production reports will
also be entered on the system, preferably over the Internet.
Data in the supply chain will be managed with the aid of a centralised database (SIGEF) which will help provide
synergies between the various parties. Management of this centralised database involves:
— the creation of an information management structure within the ministry placed under the General Office. This
structure will also deal with the production of bar codes,
— the development of information management software capable of meeting the requirements of traceability,
— the development of a ministry website with a window for accessing the database accessible to all those involved
under certain conditions.
The parties responsible for gathering information are:
— The CNIAF,
— Subcontractors (preparation for annual harvests),
— Forestry companies (worksite books),
— Departmental offices,
— Control station on exit from worksites (Team),
— Control station on entry to the plant (Team),
— Entry into the production line and exit from the production line (Team),
— Control station on exit from the plant (Team),
— Control station on entry into the port (SCPFE),
— Data entry station (Team/Departmental office),
— Forestry companies (declaration).
The General Forest Economy Office, which will house the SIGEF, will be the body responsible for maintaining and
managing the traceability system.
Data will be regularly verified by local structures (DDEF) on each approval of data entered into the SIGEF and the
product traceability chain. A plan is currently being put together for this purpose. It will enable, during implemen
tation (2009 to 2010), the improved traceability system of the Republic of Congo to be specified and implemented.
The software and appropriate computer equipment for this and the data management agreements will be defined and
approved when the said plan is put into practice.

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EN
6.4.2011 Official
Journal
of
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European
Union L
92/203
CHAPTER 6
ISSUING OF FLEGT LICENCES
The granting of FLEGT licences only relates to timber and derived products exported to the Union. Timber and derived
products in transit under the control of the Congolese customs authorities will not require a FLEGT licence for export to
the Union. The Congolese authorities will provide the European customs authorities with documentation enabling them
to establish that the timber and shipments concerned do not require a FLEGT licence. The nature and form of this
documentation will be specified during system development.
Each shipment of timber and derived products in Annex I produced in natural forests and forest plantations in the
Republic of Congo requires a FLEGT licence. The FLEGT licence is issued by the SCPFE, on instruction by the IGEF, and is
given to the applicant.
The FLEGT licence is issued for a shipment of timber and derived products under the following conditions:
1. the company filing the application has a valid legality certificate;
2. the SIGEF database contains all of the data relating to this shipment.
The IGEF will also have to ensure first of all that legality has been verified by the authorised departments, and in
particular that:
— a legality certificate has been issued in accordance with applicable procedures described in Chapter 3,
— the supply chain is controlled by authorised departments in accordance with applicable procedures described in
Chapter 4,
— the FLEGT licence will be granted by the subsidiary offices of the SCPFE located near the production sites, on the basis
of a document produced from the SIGEF, in accordance with the terms laid down during the system development
phase.
Electronic licences will not be dealt with under this Agreement.
Information relating to issued licences will be kept in a paper file and a digital file at the IGEF. Licences are issued in
paper form at a local level in accordance with Article 6 of Annex V. Local archiving is managed by the SCPFE which
keeps copies for the authority granting FLEGT licences, in accordance with Article 6 of Annex V. A photocopy is made
and sent to the IGEF for central archiving. This will enable the IGEF to reconcile licence applications with FLEGT licences
duly granted.
Information on licences will be published on a website by virtue of arrangements set out in Annex X.
The specifications of FLEGT licences and procedures relating to issuing them are described in Annex V and will be
developed further during the system development phase, in particular with respect to grant periods and authority to sign
licences. Procedures for issuing the legality certificate will also be developed during the implementation phase.

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L 92/204
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Official Journal of the European Union
6.4.2011
CHAPTER 7
INDEPENDENT AUDIT OF THE SYSTEM
An independent audit of the system is planned. Separate terms of reference have been drawn up and are given in
Annex VI.

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EN
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European
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92/205
ANNEX IV
CONDITIONS GOVERNING THE RELEASE FOR FREE CIRCULATION INTO THE UNION OF TIMBER AND
DERIVED PRODUCTS EXPORTED FROM A PARTNER COUNTRY AND COVERED BY A FLEGT LICENCE
General framework
Regulation (EC) No 2173/2005 and its implementing regulation, Commission Regulation (EC) No 1024/2008 of
17 October 2008 laying down detailed measures for the implementation of Regulation (EC) No 2173/2005 ( 1 ) govern
the conditions for the entry into the European market of timber and derived products covered by a FLEGT licence from
Congo. The procedures described in those regulations provide for the possibility of adaptation to national conditions, and
in particular the possibility that the competent authorities responsible for accepting FLEGT licences on entry into the
European market may be customs authorities or another authority. For this reason, the description of the process divides
verification into two steps: (1) documentary checking of licences and (2) checking that the actual shipment complies with
the licence. This process is intended to supplement the checks carried out by Congo and to verify that FLEGT licences
presented on entry into Europe are indeed those duly issued and registered by the Congolese licence granting authority
and cover the shipments as intended by the Congolese authorities. The competent authorities are not entitled to challenge
the Congolese legality verification system or the validity of granted licences, these issues optionally being dealt with by the
Joint Implementation Committee of the Agreement in accordance with Articles 12, 19 and 24 of this Agreement.
Article 1
Processing licences
1. The FLEGT licence, hereinafter referred to as ‘licence’, shall be lodged with the competent authorities of the Member
State of the Union in which the shipment ( 2 ) covered by that licence is declared for release for free circulation ( 3 ).
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 licence has been accepted.
Article 2
Documentary check of licences
1. Paper-based
licences
shall
conform
to
the
model
licence
in
Annex
V.
2.
A licence shall be considered as void if the date on which it is lodged is later than the date of expiry indicated in the
licence.
3. Any erasures in or alterations to a licence shall not be accepted unless such erasures or alterations have been
validated by the licensing authority.
4. The extension of the validity of a licence shall not be accepted unless that extension has been validated by the
licensing authority.
5. A
duplicate
or
replacement
licence
shall
not
be
accepted
unless
it
has
been
issued
and
validated
by
the
licensing
authority.
Article 3
Request for additional information
1. In case of doubt concerning the validity of a licence, a duplicate or a replacement licence, the competent authorities
may request additional information from the licensing authority.
2. A copy of the licence, the duplicate or the replacement licence in question may be forwarded together with the
request.
( 1 ) OJ L 277, 18.10.2008, p. 23.
( 2 ) Shipment means a given quantity of timber and derived products referred to in Annexes II and III of Regulation (EC) No 2173/2005
along with a FLEGT licence that is sent by a consignor or a shipper on departure from a partner country and is presented for release
for free circulation at a customs office in the Union.
( 3 ) Release for free circulation is a Union customs procedure. According to 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 shall entail the following: (1) the collection of any import duties due; (2) the collection, as appropriate, of
other charges, as provided for under relevant provisions in force relating to the collection of those charges; (3) the application of
commercial policy measures and prohibitions and restrictions in so far as they have not been applied at an earlier stage (in this case, it
is among these measures that the existence of a FLEGT licence will be verified); (4) completion of the other formalities laid down in
respect of the importation of the goods. Release for free circulation shall confer on non-Community goods the customs status of
Community goods.

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Article 4
Physical verification
1. If applicable, the competent authorities verify whether the actual shipment complies with the corresponding licence.
2. If further verification of the shipment is considered necessary by the competent authorities, checks may be carried
out to establish whether the shipment in question conforms to the information provided in the licence and to the records
relating to the relevant licence which are held by the licensing authority.
3. 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 licence, it shall
be considered that the shipment conforms to the information provided in the licence so far as volume or weight is
concerned.
4. Costs incurred while the verification is completed shall be at the expense of the importer, except where national
legislation of Member States concerned determines otherwise.
Article 5
Prior verification
A licence lodged before the arrival of the shipment that it covers may be accepted if the licence meets all the requirements
set out in Annex V to this Agreement and no further verification in accordance with Articles 3 and 4 of this Annex is
deemed necessary.
Article 6
Release for free circulation
1. Reference shall be made, in box 44 of the Single Administrative Document on which the customs declaration for
release for free circulation is made, to the number of the licence that covers the timber and derived products subject to
that declaration.
Where the customs declaration is made by means of a data-processing technique, the reference shall be provided in the
appropriate box.
2. Timber
and
derived
products
can
be
released
for
free
circulation
only
after
completion
of
the
procedure
described
in
this Annex.

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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.

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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.

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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.

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APPENDICES
1. FLEGT licence format
2. Notes for guidance

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Appendix 1
FORMAT OF THE FLEGT LICENCE

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Appendix 2
NOTES FOR GUIDANCE
General details
— Complete in capital letters.
— Where mentioned, ISO codes refer to the international standard two-letter country code.
Box 1 Licensing
authority
Indicate the name and address of the licensing authority.
Box 2 For
the
purposes
of
the
Space for the purposes of the issuing country.
issuing country
Box 3 FLEGT
licence
number Indicate
the
issuing
number.
Box 4 Date
of
expiry
Period of validity of the licence.
Box 5 Country
of
export
This is the partner country from which the timber products have been
exported to the EU.
Box 6 ISO
code
Indicate the two-letter code for the partner country referred to in box 5.
Box 7 Means
of
transport
Indicate the means of transport at the point of export.
Box 8 Licensee
Indicate the name and address of the exporter.
Box 9 Commercial
description
Indicate the commercial description of the timber product(s).
Box 10 HS
heading
and
description Indicate
the
four-
or
six-figure
product
code
produced
in
accordance
with
the harmonised system for the designation and codification of goods.
Box 11 Common
or
scientific
names Indicate the common or scientific names of the categories of timber used
in the product. If more than one category of timber is used in a product,
use a separate line for each category. Optional in the case of composite
products or components that contain more than one unidentifiable
category (e.g. particle boards).
Box 12 Countries
of
harvest
Indicate the countries where the categories of timber referred to in box 10
were harvested. If more than one category is used in the product, indicate
all sources of timber used. Optional in the case of composite products or
components that contain more than one unidentifiable category (e.g.
particle boards).
Box 13 ISO
codes
Indicate the ISO code of the countries referred to in box 12. Optional in
the case of composite products or components that contain more than
one unidentifiable category (e.g. particle boards).
Box 14 Volume
(m 3 ) Give
the
overall
volume
in
m 3 . Optional, unless the information referred
to in box 15 has been omitted.
Box 15 Net
Weight
Give the overall weight in kg. This is defined as the net mass of the timber
products without immediate containers or any packaging, other than
bearers, spacers, stickers, etc. Optional, unless the information referred
to in box 14 has been omitted.
Box 16 Number
of
units Indicate
the
number
of
units,
where
a
manufactured
product
is
best
quantified in this way. Optional.
Box 17 Distinguishing
marks Indicate
any
distinguishing
marks
where
appropriate,
e.g.
lot
number,
bill
of lading number. Optional.
Box 18 Signature
and
stamp
of
the
The box shall be signed by the authorised official and stamped with the
licensing authority
official stamp of the licensing authority. The place and date shall also be
indicated.

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ANNEX VI
TERMS OF REFERENCE FOR THE INDEPENDENT AUDIT OF THE FLEGT SYSTEM (SIA)
I. Tasks
The main tasks to be carried out in the independent audit, through documentary checks and on-site inspections, will
be:
— to audit the legality verification system (LVS) and its operation by assessing use of the legality matrix and controls,
the traceability system and the system for issuing licences,
— to verify the use of licences during the process of entering the Union market,
— to identify any loopholes or failures in the LVS and report findings to the Joint Agreement Implementation
Committee of the Agreement (JIC),
— to evaluate the effectiveness of any corrective measures taken to address failures identified in audit reports.
II. Qualification required
The Independent Audit is assigned to an independent firm of auditors having proven ability in carrying out audits and
providing evidence of a thorough knowledge of the forestry sector in Congo and/or the Congo Basin.
It must also have the following characteristics:
— not be directly involved in the management, processing or trade of timber or its derived products or the
monitoring of forestry sector activities in Congo. Service providers under contract with the Congolese government
with respect to forestry control are not eligible to carry out SIAs,
— have an internal quality system in accordance with the ISO 17021 system or equivalent,
— be able to demonstrate that its teams include experts in the fields of audits relating to forestry management, the
processing industry, traceability systems, the exporting of timber and international markets – including the Union
market,
— be able to demonstrate that its teams include experts having sufficient experience in Congo and/or elsewhere in
the Congo Basin. The involvement of experts from the subregion is to be encouraged alongside the use of
international experts,
— not be in an administrative or financial position that might put the firm of auditors or experts named in a
position where there is a conflict of interests.
III. Methodology
The Independent Audit is carried out according to documentary and on-site procedures:
— The Independent Auditor of the System acts in accordance with this Agreement and has a documented
management structure, policies and a procedural manual drawn up in accordance with ISO standards 17021,
19011 or equivalent, which are made available for public inspection. The Auditor’s Procedural Manual and its
annexes, which serve as a guide for documentary and on-site verification (based on samples), will be submitted to
the JIC for approval.
— The Independent Auditor of the System prepares a timetable of audit operations over the course of 3 years, based
on a frequency to be decided in consultation with the JIC. In the first two years, the frequency must be three or
more. In year three, the frequency may be reduced but must be accompanied by spot checks. The frequency and
thoroughness of the checks to be carried out may be reviewed at meetings of the JIC responsible for examining
audit reports, according to established findings.
— The Independent Auditor of the System sets up a system for receiving and dealing with complaints made against
it. The system of managing complaints is approved by the JIC, including the guiding principles of reports on
complaints and action taken. This system has to ensure the secure receipt of complaints, guaranteeing the
confidentiality of the party making it.

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— The Independent Auditor of the System provides an analysis of the systemic problems encountered on the basis of
monitoring carried out.
— The Independent Auditor of the System has a duty of confidentiality in respect of data gathered from various
structures it has visited while carrying out its audit.
— The audit report contains all useful information on the programme and the findings made. An outline of the audit
report and summary is given in the Procedural Manual.
— The Independent Auditor of the System reports its findings using the mechanism set up by the JIC.
IV. Sources of information
To carry out its functions, the Independent Auditor of the System uses all sources of information available (inspection
reports, annual reports, other documentation, interviews, computer databases, site visits, etc.) and, in particular, has
access to documents and databases that it deems relevant to the following departments and to accredited bodies under
the LVS and its constituent parts (verification of legality, verification of the traceability system, verification of the
system for granting licences):
1. All departments of the Ministry of Forest Economy (DGEF, DVRF, IGEF, SCPFE, DDEF, teams and control stations,
etc., in Congolese territory and, if applicable, in neighbouring countries) responsible for the permanent imple
mentation of forestry control provisions carried out under the framework of the National Control Strategy (to be
drawn up by the MEF before implementation of the VPA).
2. Those involved in monitoring or checking forest exploitation:
— approved private bodies and systems for the voluntary certification of legality, traceability and sustainable
management,
— structure of the national civil society, based on the approach adopted in the Independent Forest Monitoring
project carried out between 2007 and 2009 by Resource Extraction Monitoring and Forest Monitor. This will
be responsible for carrying out independent monitoring of the application of the law and forestry regulations
with support, if required, of international NGOs over a minimum period of 3 years (cf. Annex IX).
3. Other ministry departments such as the Ministry of Trade, the Ministry for the Economy, Finances and Budget
(Customs, Tax, etc.), the Ministry of Transport and the Ministry of Employment (ONEMO, CNSS).
4. Bodies responsible for verifying legality and bodies responsible for the independent audit of the FLEGT system in
neighbouring countries and their sources of information.
5. Joint Implementation Committees for Voluntary Partnership Agreements between the Union and neighbouring
countries.
6. Other sources:
— forestry companies,
— unions,
— university,
— local authorities,
— local communities,
— national and international NGOs,
— forestry and environmental sector projects carried out in Congo,
— parties making complaints if not anonymous,
— any other source deemed to be relevant by the Independent Auditor.

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7. Competent authorities of the Union
The independent auditor of the system can question staff involved in the legality verification system or accredited
bodies in this audit and gather witness evidence it deems necessary to carry out the audit, without prejudice to the
handling of complaints that may be brought to its attention regarding the implementation or operation of the
legality verification system and/or its accredited bodies.
The Parties will ensure that the independent auditor of the system has access in the respective territories of the two
Parties to any information required in order to carry out its functions.
V. Reports
The System Independent Audit report contains all relevant information on the audit programme and on the operation
of the legality verification system and the issuing of FLEGT licences. The report includes in its annex all of the
complaints received, the replies given and the action to be taken. This report will be published by the JIC.
The Independent Auditor of the System will submit a preliminary report to each of the two Parties within one month
from the end of the on-site inspection. An oral presentation of the audit report to the JIC may be scheduled.
Comments made by the Parties will be passed on to the Independent Auditor of the System for finalisation of
the report by a deadline agreed between the independent auditor of the system and the JIC, but no longer than one
month after receipt of the report. The Independent Auditor of the System has to provide any information required
and any clarification requested by a deadline agreed between the independent auditor of the system and the JIC, but
no longer than 15 days after receipt of the comments of the two Parties. The final report will be based on the
preliminary report to which will be added any clarification provided by either party, and any responses by the SIA to
this clarification.
The JIC will publish the final report.
On the basis of the audit report and on the basis of other evidence in its possession and, in particular, any criticisms
or complaints regarding the operation of the legality verification system, the JIC identifies the corrective action to be
taken, if any, and ensures that it is carried out.
The minutes of meetings of the JIC regarding the report of the Independent Auditor of the System will be published.
VI. Institutional arrangement
Those taking part in the JIC process select, via an appropriate and transparent call for tenders, the applicant best
qualified to carry out the Independent Audit of the System. The selection process involves looking at the capabilities
of the applicants in terms of carrying out audits, their capabilities in relation to the forestry sector in Congo or the
Congo Basin and the international credibility of the applicant, particularly in terms of independence. The latter then
signs with the government, which allows it to operate transparently and effectively, a three-year contract that may be
extended, subject to approval by the JIC. If applicable, a new call for tenders will be launched.
The independent auditor must have or must set up an office (throughout the contractual period) in Brazzaville. This
office must be open throughout the contractual period, serving as a point of contact for the parties involved and
organising specific checks by auditors. It will be used by the auditors during the periods specified.
SIA reports and any corrective action required are discussed by the JIC. The SIA is then notified of the corrective
action to be taken. If applicable, the procedural manual is amended.

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ANNEX VII
CRITERIA FOR ASSESSING THE OPERATIONAL LEGALITY ASSURANCE SYSTEM IN CONGO
The Partnership Agreement between the Union and Congo (FLEGT-VPA) provides for the development and implemen
tation of a Legality Verification System (LVS) to ensure that all timber and derived products specified in the Agreement
and exported from Congo to the Union have been legally produced. The LVS should include: a definition of legally
produced timber that describes the laws that must be complied with in order for a licence to be issued; the monitoring of
the supply chain to track timber from the forest to the point of export; the verification of compliance with all elements of
the definition of legality and monitoring of the supply chain; the procedures for granting licences and the issuing of
FLEGT licences; and finally, the independent audit to ensure that the system is working as intended.
The Union’s expectations with regard to the LVS are outlined in a series of briefing notes prepared by an expert group
convened by the European Commission (EC) ( 1 ).
Assessment criteria
The LVS will be subject to an independent technical evaluation before the licensing scheme becomes fully operational, the
Terms of Reference for which will be jointly agreed between the interested parties and the Joint Committee. These
assessment criteria describe what the LVS is expected to produce and will provide the basis for the Terms of Reference for
the evaluation. The evaluation will aim to:
(i) review the system description with special focus on any revisions made after the FLEGT-VPA was signed; and
(ii) examine the functioning of the system in practice.
Section 1: Definition of legality
Legally produced timber needs to be defined on the basis of the laws applicable in Congo. The definition used must be
unambiguous, objectively verifiable and operationally workable and, as a minimum, include those laws which cover:
— harvesting rights: granting of legal rights to harvest the timber within legally gazetted boundaries,
— forest operations: compliance with legal requirements regarding forest management including compliance with
relevant environmental and labour legislation,
— fees and taxes: compliance with legal requirements concerning taxes, royalties and fees directly related to timber
harvesting and harvesting rights,
— other users: respect for other parties’ legal tenure or rights of use of land and resources that may be affected by timber
harvesting rights, where such other rights exist,
— trade and customs: compliance with legal requirements for trade and customs procedures.
Is it clear what legal instrument underpins each element of the definition?
Are criteria and indicators that can be used to test compliance with each element of the definition specified?
Are the criteria/indicators clear, objective and operationally workable?
Do the indicators and criteria clearly identify the roles and responsibilities of the various parties and does verification
assess performance of all relevant parties?
Does the definition of legality include the main areas of existing law outlined above? If not: why were certain areas of law
left out of the definition?
In developing the definition, did the parties concerned consider all the main areas of applicable law?
( 1 ) http://ec.europa.eu/development/policies/9interventionareas/environment/forest/flegt_briefing_notes_en.cfm

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Does the legality verification system incorporate the main legal provisions identified through prior discussion between the
various parties involved?
Has the definition of legality and the legality control matrix been amended since the FLEGT-VPA was concluded? Have
indicators and criteria been defined to ensure verification of these changes?
Section 2: Control of the supply chain
Systems to control the supply chain must provide credible assurance that timber products can be traced throughout the
supply chain from harvesting or point of import to the point of export. It will not always be necessary to maintain
physical traceability for a log, log load or timber product from the point of export back to the forest of origin, but it is
always needed between the forest and the first point of mixing (e.g. a timber terminal or a processing facility).
2.1. Rights
of
use
There is clear delineation of areas where forest resource rights have been allocated and the holders of those rights
have been identified.
Does the control system ensure that only timber originating from a forest area with valid and permissible rights of
use enters the supply chain?
Does the control system ensure that enterprises carrying out harvesting operations have been issued appropriate
rights of use for the forest areas concerned?
Are the procedures for issuing rights of exploitation and information on issued rights of exploitation and their
holders available in the public domain?
2.2. Systems
for
controlling
the
supply
chain
There are effective mechanisms for tracing timber throughout the supply chain from harvesting to the point of
export.
The approach for identifying timber may vary, ranging from the use of labels for individual items to reliance on
documentation accompanying a load or batch. The selected method should reflect the type and value of timber
and the risk of contamination with illegal or unverified timber.
Are all the supply chain alternatives identified and described in the control system?
Are all stages in the supply chain identified and described in the control system?
Are methods defined and documented to (a) identify the product origin and (b) prevent mixing with timber from
unknown sources in the following stages of the supply chain?
— timber in the forest,
— transport,
— interim storage,
— arrival at the primary processing facility,
— processing facility,
— interim storage,
— transport,
— arrival at point of export.
Which organisations are in charge of controlling the timber flows? Do they have adequate human and other
resources for carrying out the control activities?

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2.3. Quantities
There are robust and effective mechanisms for measuring and recording the quantities of timber or timber
products at each stage of the supply chain, including reliable and accurate pre-harvest estimates of the volume
of standing timber in each harvesting site.
Does the control system produce quantitative data of inputs and outputs at the following stages of the supply
chain?
— standing timber,
— logs in the forest,
— transported and stored timber,
— arrival at the plant,
— entry into production lines/processing facilities,
— exit from production lines/processing facilities,
— exit from plant,
— arrival at point of export.
Which organisations are responsible for feeding the quantitative data into the control system? What is the quality
of controlled data?
Is all quantitative data recorded in a way which makes it possible to verify quantities with the prior and subsequent
stages in the supply chain in good time?
What information on the supply chain control is made publicly available? How can the interested parties access
this information?
2.4. Mixing of legally verified timber with timber approved elsewhere
If mixing of logs or timber from verified legal sources with logs or timber from other sources is allowed, there are
sufficient controls in place to exclude timber from unknown sources or which was harvested without legal
harvesting rights.
Does the control system allow verified timber to be mixed with other approved timber (e.g. with imported timber
or timber originating from a forest area with clear legal harvesting rights but that is still not covered by the full
verification process)?
What control measures are applied in these cases? For example, do controls ensure that verified output volumes
declared do not exceed total verified input volumes at each stage?
2.5. Imported
timber
products
There are adequate controls to ensure that imported timber and derived products have been legally imported.
How is the legal import of timber and derived products demonstrated?
What evidence is required to demonstrate that imported products originate from trees harvested legally in a third
country?
Does the LVS identify imported timber and timber products throughout the supply chain?
Where imported timber is used, can the country of origin be identified on the FLEGT licence, including that of
components in composite products?

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L 92/220
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Official Journal of the European Union
6.4.2011
Section 3: Verification
Verification provides adequate checks to ensure the legality of timber. It must be sufficiently robust and effective to ensure
that any non-compliance with requirements, either in the forest or within the supply chain, is identified and corrective
action is taken in good time.
3.1. Organisation
Verification is carried out by a government, a third-party organisation or some combination of these, which has
adequate resources, management systems and skilled and trained personnel, as well as robust and effective
mechanisms to control conflicts of interest.
Has the government appointed a body or bodies to undertake the verification tasks? Is the mandate (and associated
responsibilities) clear and in the public domain?
Does the verification body have adequate resources for carrying out the verification of the legality definition and
the systems for controlling the timber supply chain?
Does the verification body have a fully documented management system that:
— ensures that its personnel has the necessary competence and experience to ensure effective verification?
— applies internal control/supervision?
— includes mechanisms to control conflicts of interest?
— ensures transparency of the system?
— defines and applies verification methodology?
3.2. Verification
against
the
definition
of
legality
There is a clear definition setting out what has to be verified. The verification methodology is documented and
ensures that the process is systematic, transparent, evidence-based, carried out at regular intervals and covers
everything included within the definition.
Does the verification methodology cover all elements of the legality definition and include tests of compliance with
all specified indicators?
Does verification require:
— checks of documentation, operating records and on-site operations (including spot checks)?
— collection of information from external interested parties?
— recording of verification activities that allows checking by internal auditors and the independent monitor?
Are institutional roles and responsibilities clearly defined and applied?
Are the verification results against the definition of legality made publicly available?
How can the interested parties access this information?
3.3. Verification
of
systems
for
controlling
the
supply
chain
There is a clear scope setting out what has to be verified which covers the entire supply chain from harvesting to
export. The verification methodology is documented and ensures that the process is systematic, transparent,
evidence-based, carried out at regular intervals and covers everything included within the scope, and includes
regular and timely reconciliation of data between each stage in the chain.
Are institutional roles and responsibilities clearly defined and applied?
Does the verification methodology fully cover checks on supply chain controls? Is this clearly spelt out in verifi
cation methodology?

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What evidence is there to demonstrate application of verification of supply chain controls?
Verification of data
— Which organisation is responsible for data verification? Does it have adequate human and other resources for
carrying out the data management activities?
— Are there methods for assessing correspondence between standing timber and timber entering the plant/point
of export?
— Are there methods to assess coherence between inputs of raw materials and outputs of processed products at
sawmills and other plants?
— Is reliable verification by individual item or by batch of timber products possible throughout the supply chain?
— What information systems and technologies are applied for storing and verifying data and for recording it? Are
there robust systems in place for securing the data?
Are the verification results on supply chain control made publicly available? How can the interested parties access
this information?
3.4. Non-compliance
There is an effective and functioning mechanism for requiring and enforcing appropriate corrective action where
breaches are identified.
Does the verification system define the above requirement?
Have mechanisms been developed for handling non-compliance? Are these applied in practice?
Are there adequate records available on the breaches identified and corrective action taken? Is the effectiveness of
corrective actions evaluated?
What information on identified breaches goes into the public domain?
Section 4: Licensing
Congo has assigned a licensing authority overall responsibility for issuing FLEGT licences. FLEGT licences are issued on
the basis of either individual shipments or market participants.
4.1. Organisation
What body is assigned responsibility for issuing FLEGT licences?
Are the roles of the licensing authority and its personnel with regard to issuing of FLEGT licences clearly defined
and publicly available?
Are the competence requirements defined and internal controls established for the personnel of the licensing
authority?
Does the licensing authority have adequate resources for carrying out its task?
4.2. Issuing
of
licences
Does the licensing authority have documented procedures for issuing licences? Are these publicly available,
including any fees payable?
What evidence is there that these procedures are properly applied in practice?
Are there adequate records available on licences issued and refused? Do the records clearly show the evidence on
which the issuing of licences is based?
4.3. Consignment-based
licences
Is the licensing based on an individual consignment?
Has the legality of an export consignment been demonstrated through government verification and traceability
systems?

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Have the requirements for issuing licences been clearly defined and communicated to the exporter and to the other
parties concerned?
What information on issued licences goes into the public domain?
Section 5: Instructions on the independent auditing of the system
The System Independent Audit (SIA) is a function that is independent of Congo’s forest sector regulatory bodies. It aims
to maintain the credibility of the FLEGT licensing scheme by checking that all aspects of Congo’s LVS are operating as
intended.
5.1. Institutional
arrangements
5.1.1. Designation of authority
Congo has formally authorised the SIA function and allows it to operate in an effective and transparent way.
5.1.2. Independence from other elements of the LVS
There is a clear separation between the organisations and individuals that are involved in management or
regulation of forest resources and those involved in the independent audit.
Does the government have documented requirements for the independence of the independent auditor? Do
provisions state that organisations or individuals having a commercial interest or an institutional role in the
Congolese forest sector are not eligible to perform the independent auditor function?
5.1.3. Designation of the independent auditor
The independent auditor was appointed through a transparent mechanism and there are clear and publicly
available rules regarding its operations.
Has the government made the terms of reference for the independent auditor publicly available?
Has the government documented the procedures for appointing the independent auditor and made them publicly
available?
5.1.4. Establishing a mechanism for handling complaints
There is a mechanism for handling complaints and disputes that arise from the independent audit. This mechanism
makes it possible to deal with any complaint relating to the operation of the licensing scheme.
Is there a documented for handling complaints mechanism that is available to all interested parties?
Is it clear how complaints are received, documented, escalated (where necessary) and responded to?
5.2. The
independent
auditor
5.2.1. Organisational and technical requirements
The independent auditor is independent of the other components of the legality assurance system and operates in
accordance with a documented management structure, policies and procedures that meet internationally accepted
best practice.
Does the independent auditor operate in accordance with a documented management system that meets the
requirements of ISO Guides 62 and 65 or similar standards?
5.2.2. Methodology of the audit
The methodology of the independent audit is evidence-based and is carried out at specific and frequent intervals.
Does the methodology specify basing all findings on objective evidence concerning the functioning of the LVS?
Does the methodology of the independent audit specify the maximum intervals at which each element of the LVS
will be verified?

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5.2.3. Scope of the audit
The independent auditor operates according to terms of reference that clearly specify what has to be audited and
that cover all agreed requirements for the issuing of FLEGT licences.
Does the methodology of the independent audit cover all elements of the LVS and specify the main tests of
effectiveness?
5.2.4. Reporting requirements
The independent auditor provides the Joint Committee with regular reports on the integrity of the legality
assurance system, including any non-compliance, as well as its assessment of corrective action taken to address it.
Do the independent auditor’s terms of reference specify the reporting requirements and reporting intervals?

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L 92/224
ANNEX VIII
Action
2009 2010 2011
2
2
2
2
2
2
0
0
0
0
0
0
1
1
1
1
1
1
1
1
1
1
1
1
Period
5
6
7
8
9
1
0
1
2
1
2
3
4
5
6
7
8
9
1
0
1
2
1
2
3
4
5
6
7
8
9
1
0
1
2
2
3
4
5
6
7
EN
1 Signing of the

Agreement
2 Setting
up
the
joint
mechanism for
dialogue and moni
toring
Off
3 Launch
of
the
ratifi
icial
cation procedure
Jour
nal
4 Installation and
fitting of the
of
Technical Office for
the
the Congolese party
European
5 Search
for
additional
financing
Union
6 Development
of
the
Legality Verification
System and defining
all specific measures
necessary (cf. Annex
V)
7 Recruitment
of
the
traceability
consultant (EU
traceability project)
8 Implementation
of
6.4.2011
the traceability
project (EU project)

---

6.4.2011 Off
Action
2009 2010 2011
2
2
2
2
2
2
0
0
0
0
0
0
1
1
1
1
1
1
1
1
1
1
1
1
Period
5
6
7
8
9
1
0
1
2
1
2
3
4
5
6
7
8
9
1
0
1
2
1
2
3
4
5
6
7
8
9
1
0
1
2
2
3
4
5
6
7
9 Legislation
and
regu
lations to be supple
mented
EN

10 Defining
the
specific
powers of the
various verification
and control bodies
11 Increasing
the
capabilities of
icial
the General
Forest Economy
Jour
Inspectorate (IGEF)
nal
of
12 Increasing
the
capa
the
bilities of the DGEF/
European
DDEF/Teams
Union
13 Increasing
the
capa
bilities of
civil society
14 Implementation of
the communication
plan
15 Evaluating private
certification systems
16 Drawing up the
procedural manual
L
for breaches of
92/225
legality and penalties

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L 92/226
Action
2009 2010 2011
2
2
2
2
2
2
0
0
0
0
0
0
1
1
1
1
1
1
1
1
1
1
1
1
Period
5
6
7
8
9
1
0
1
2
1
2
3
4
5
6
7
8
9
1
0
1
2
1
2
3
4
5
6
7
8
9
1
0
1
2
2
3
4
5
6
7
17 Drawing up and
approving
management plans
EN

18 Putting
FLEGT
information on the
website
19 Ratification
of
the
Agreement (for the
record)
Off
icial
20 Installation
of
the
Joint Implemen
Jour
tation Committee of
the Agreement (for
nal
the record)
of
the
21 Recruitment
of
the
European
System Independent
Auditor
Union
22 First
inspection
of
the IGEF to draw
up legality
certificates
23 Operational
assessment of the
Legality Verification
System
24 Declaration
of
the
operationality of
FLEGT licences by
the two parties
6.4.2011
25 Issuing
of
the
first
FLEGT licence

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6.4.2011 Off
Action
2009 2010 2011 2
2
2
2
2
2
0
0
0
0
0
0
1
1
1
1
1
1
1
1
1
1
1
1
Period
5
6
7
8
9
1
0
1
2
1
2
3
4
5
6
7
8
9
1
0
1
2
1
2
3
4
5
6
7
8
9
1
0
1
2
2
3
4
5
6
7
1 Routine
functioning
of the legality verifi
cation system
EN

2 Monitoring
of
implementation of
the legality verifi
cation system
3 Functioning
of
the
Technical Office
4 Functioning
of
the
Joint Committee
5 Independent
audits
icial
of the system
Jour
6 Monitoring
of
the
nal
market
of
the
7 Monitoring
of
impacts
European
8 Management
of
the
website and
distribution of
Union
information
9 Assessment
of
the
implementation of
the agreement
L
92/227

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L 92/228
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Official Journal of the European Union
6.4.2011
ANNEX IX
OTHER RELEVANT MEASURES
Supporting measures have to be put in place to ensure effective implementation of the Voluntary Partnership Agreement.
The areas in which these supporting measures are identified are as follows:
1. Increasing the capabilities of the IGEF
2. Increasing the capabilities of civil society
3. Legislation and regulations to be supplemented
4. Implementing a communication plan
5. Setting up a technical office
These measures are described in the following chapters.
In order to implement these measures, in the same way as for the implementation of certain parts of the legality
verification system, the Parties have to ensure that adequate support is provided in terms of human, technical and
financial resources. The Parties undertake, where applicable, to seek the additional financing necessary, this financing
being used in accordance with Article 15 of this Agreement.
1. Increasing the capabilities of the General Forest Economy Inspectorate (IGEF)
When verifying the legality of timber, the General Inspectorate has to carry out on-site inspections and monitor the
verifiers in the legality matrices and the traceability chain at forestry companies and in departmental forest economy
offices, teams and other local public departments involved in forest management, including: environment, customs,
tax, labour, trade, etc.
Once it has carried out this verification, it will grant legality certificates and order the granting of FLEGT licences by
the Department for the Control of Forestry Products for Export (SCPFE).
The IGEF also has to be restructured to enable it to carry out these tasks effectively.
To do this, a unit responsible for verifying legality, issuing legality certificates and instructing the granting of FLEGT
licences will be set up within this structure and will have to be given greater capabilities to enable it to carry out these
tasks. The number of people working in this unit will be defined during the system development phase.
Job profiles will be drawn up and further training identified during the system development phase. Training is to be
planned for in the following areas: Control of the FLEGT matrix, auditing of forest management and the supply chain,
use of GPS, use of certain GIS software, principles of database management and use of the SIGEF.
The equipment required is also to be planned for (means of transport, office and site equipment).
By extension, and to the extent necessary to ensure the proper functioning of the Agreement, training specific to other
administrative officers involved in monitoring and verifying legality can be identified and carried out.
2. Increasing the capabilities of civil society
Implementing the VPA is subject, inter alia, to the proper functioning of a legality verification system, timber
traceability and an independent audit of the system. Congolese civil society, a stakeholder in the process, is to help
implement the Agreement by means of a formal local structure based on the results of and experience gained in the
Independent Forest Monitoring (IFM) project carried out in Congo between 2007 and 2009 by Resources Extraction
Monitoring and Forest Monitor.
This structure consists of one or more national NGOs accompanied by an international NGO experienced in inde
pendent monitoring. These national NGOs will also use the expertise of members of equivalent teams from the IFM
project.

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The formal local structure sets itself the general objective of assisting good governance of the forest sector as a whole.
Its specific objectives are as follows:
— to improve systems for the application of forestry law by the State,
— to increase the capabilities of civil society by means of independent monitoring,
— to help improve the application of forestry law and governance,
— to document information collected and pass it on to the authority granting certificates and FLEGT licences,
— to document information collected and pass it on to the Joint Implementation Committee.
In addition to this formal structure associated with independent monitoring, a more general increasing of the
capabilities of civil society organisations is to be planned for.
In this context, the capabilities of civil society will be increased in the following areas:
training in independent monitoring, control of the FLEGT matrix, information management and processing, website
management, communication techniques, raising awareness among local communities and indigenous populations,
conflict resolution techniques and principles of forest management.
Detailed practical terms will be defined after consultation between the stakeholders.
The Parties will try to facilitate access to specific financial resources in order to increase these capabilities.
3. Legislation and regulations to be supplemented
Drawing up timber legality matrices has brought to light the omission under forestry law and the lack or regulation of
certain aspects directly and indirectly associated with the sustainable management of forest resources, such as, for
example, the involvement of local and indigenous populations and of civil society in forest management, the
management of State forestry plantations and the defining of standards for forestry work. In the context of imple
menting the Voluntary Partnership Agreement, the forestry code needs to be updated and supplementary regulations
need to be drawn up. Rules also have to be drawn up in other areas.
An international consultant and two national consultants will be recruited to carry out these tasks.
Draft regulations drawn up will be approved by all stakeholders in forest management (local authorities, publics
services, private sector, local and indigenous populations, civil society), through departmental workshops and a
national workshop in Brazzaville.
The list of draft regulations to be drawn up, as presented below, is not exhaustive and will be supplemented as new
concerns are identified.
3.1. Ministerial departments concerned
Ministry for the Environment
1. Order specifying terms for the production and approval of impact studies.
2. Order relating to procedures for monitoring/inspection by the General Environmental Office of compliance
with legal and regulatory provisions relating to the environment.
Ministry of Justice
1. Law promoting and protecting the rights of indigenous peoples in Congo.
Ministry of Employment
1. Regulations relating to the granting of training certification.
2. Model pay registers.
3. Model workplace accident and safety registers.

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Official Journal of the European Union
6.4.2011
Ministry for the Forest Economy
1. Regulations laying down conditions for the assignment of State plantations to third parties.
2. Order defining principles for the traceability of timber.
3. Order defining forestry standards for plantations.
4. Framework decree laying down conditions for joint and participative forest management as set out in
Article 1(2) of the forestry code and covering in particular:
— the terms of involvement of local, indigenous populations and civil society in the process of classifying
and declassifying forests,
— the involvement of resident populations and civil society in the management of forest concessions.
5. Decree laying down the terms of involvement of local communities, indigenous populations and civil society
in making decisions relating to the drafting of terms and conditions.
6. Implementing regulations specifying three different aspects of community forests: the concept of community
forests, the processes of parcelling and procedures for the management of these forests guaranteeing the
involvement of all parties concerned.
7. Implementing regulations laying down terms for the involvement of local communities and indigenous
populations in the management plan (parcelling of community blocks etc.).
8. Implementing regulations laying down terms for the involvement of civil society and/or the appointment of
civil society representatives to various committees (granting of forest concessions, granting of consent for the
timber forest profession, etc.). These regulations will also lay down criteria for the selection of this civil
society representative.
9. Regulations laying down terms for monitoring and verification.
10. Order relating to procedures for the monitoring of timber for import and for export and timber in transit.
11. Regulations laying down terms for the receipt of goods or services making it possible to prove compliance
with terms and conditions and memoranda of understanding.
12. Other regulations to be supplemented to implement the Forestry Code according to FLEGT principles of
good governance in the forestry sector.
For this purpose, and to meet the commitments made under the FLEGT Voluntary Partnership Agreement
between Congo and the Union, proposed implementing regulations should guarantee principles of good
governance in the forestry sector.
Principles that should form part of supplementary regulations
To ensure that they are effective and comply with the legality matrix and FLEGT principles, regulations
supplementing the forestry code need to be in force by the time of the issuing of the first licence at the
latest.
Recognition of community rights
Participation
The participation and involvement of civil society, local communities and indigenous populations in the drafting,
implementation and monitoring of laws and programmes. Implementing regulations laying down terms of
involvement of local communities, indigenous populations and civil society have to be drawn up.
Transparency
Provisions should be included to ensure transparency in forest management and place information in the public
domain. Terms for the provision of information to and consultation of local communities and indigenous
populations have to form part of these provisions.

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European
Union L
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Community forests
The concept does not exist in the wording of law 16-2000 of 20/11/2000 laying down the Forestry Code.
This concept can be taken into account in two possible ways: 1) forests of community blocks in the management
plan or 2) forests of local authorities.
Independent monitoring
Provisions for the creation of an independent monitor from civil society to participate in the granting of
exploitation permits and in drawing up and implementing management plans and to sit on the forestry fund
management committee. Monitors should be recruited through a competitive, transparent process.
3.2. Methodology
The proposal of new legislation and regulations is the culmination of a general process of consultation of all
parties concerned.
Consultation of communities and civil society
To ensure the effective involvement of local communities and indigenous populations in drawing up regulations
supplementing the forestry code, local community and indigenous population organisations and civil society
organisations need to organise and develop a process for effective participation and representation.
Creation of a committee to draft proposals
To ensure participation of all of the parties concerned in drafting regulations supplementing the forestry code, it
is proposed that a committee be created to draw up draft regulations consisting of representatives of each party
concerned. The drafting of these implementing regulations should be accompanied by consultation of commu
nities and civil society on current discussions. This consultation should take place over a period of at least 12
months.
The consultation and participation of local communities, indigenous populations and civil society in the process
should be supported by funding and facilitated by a committee of experts including members of national and
subregional civil society organisations.
Consultation steps that should form part of the consultation support plan
Workshops for the provision of information to and consultation of local and indigenous communities on the
drafting of regulations supplementing the code and canvassing opinion on the arrangements that have to be
made to benefit them;
Workshops to define terms of participation and representation of communities and civil society on the
committee drawing up regulations supplementing the forestry code;
Drawing up preliminary drafts of regulations supplementing the forestry code, with the participation of
representatives of civil society and local and indigenous communities;
Workshops for consultation of local and indigenous communities on the preliminary draft of the forestry code;
Re-examination of the preliminary draft by the committee drawing up regulations supplementing the forestry
code to include any questions raised by the communities and civil society;
Workshops for assessment of the provisions contained in the preliminary draft of the legislation and for defining
strategies for defending it before Parliament.
4. Communication plan
This communication plan is intended to raise awareness of the Voluntary Partnership Agreement (VPA).
Background
The VPA relates to an economic area as important as forestry, so the public needs to be told about it. A programme
for the provision of information to and raising of awareness among forestry company managers, departmental offices
of target authorities and the general public therefore has to be drawn up and implemented.

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Official Journal of the European Union
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A communication plan has been developed with the following aims:
— raising awareness among the general public of Congo regarding:
— the existence of the VPA,
— what the VPA says,
— the advantages of the VPA,
— preparing for ratification of the VPA by Congo,
— identifying further information requirements,
— ensuring collaboration between the stakeholders once the VPA has come into force and is being implemented.
In strategic terms, it will consist of:
— informing the various players and parties operating in the forestry sector about the need and importance of the
VPA for Congo,
— informing the general public of the steps already taken to conclude the VPA,
— ensuring media coverage of the ratification and implementation of the VPA,
— raising awareness of the VPA,
— giving details of the impacts of the VPA.
4.1. Target public
The following target public has been identified. Specific messages will be prepared for them and appropriate
means of communication will be used.
4.1.1. Local players:
— governmental bodies,
— forestry authority,
— other offices involved in the sector,
— local authorities,
— local and indigenous populations of forest areas,
— forestry companies,
— civil society,
— NGOs for the preservation and protection of forests.
4.1.2. International players:
— importers and intermediaries,
— federations and other institutions involved in the timber sector,
— NGOs for the preservation and protection of forests,
— investors,
— bankers etc.

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4.2. Action to be taken
The following action is to be taken for communication to these players:
4.2.1. At local level
Organisation of:
— conferences and discussions,
— symposia, seminars and information workshops,
— publication of articles in the press,
— broadcasting of documentary films,
— production and broadcasting of radio and television programmes,
— holding of forums on the Internet,
— production of shows etc.
4.2.2. At international level
Public relations activities:
— business meetings,
— talks given to federations and other institutions involved in the timber sector,
— participation in fairs and other events linked to the timber sector,
— promotion of Congolese forestry policy in the EU.
Media activities
Publication and broadcasting in the European media:
— of articles in the press,
— of documentary films,
— of interviews and testimony,
— of Congo’s forestry policy.
4.3. Message content
Messages to be devised and disseminated will cover in particular:
— the social and socio-cultural benefits of an effective VPA for Congo,
— the environmental benefits of an effective VPA for Congo’s forests,
— the commercial benefits of an effective VPA for Congo’s economy,
— the aims Congo seeks to achieve through the effective VPA,
— the economic benefits to Congo,
— other possible impacts of the VPA on Congo.

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4.4. Those responsible for implementing the plan
The Technical Office for the VPA/FLEGT of the Congolese party, which reports to the Ministry of the Forest
Economy, is, amongst other things, responsible for implementing the Communication Plan:
— a team consisting of the various players initiates action with respect to public authorities, parliament and
forestry companies,
— civil society organisations carry out action with respect to local and indigenous populations.
5. Technical office responsible for monitoring the VPA (Congolese party)
The Congolese party sets up, for its part, a supporting body to monitor the VPA, consisting of all of the stakeholders
in the FLEGT process (public authorities, private sector and civil society), in order to assist in the preparation of the
Congolese party on the Joint Implementation Committee and facilitate the monitoring of decisions taken by this
committee. This body is called the technical office.
5.1. Tasks
The technical office will be responsible, in particular, for the Congolese party, for:
— monitoring compliance with the timetable for implementation of the VPA,
— analysing reports drawn up by the independent auditor,
— preparing Congolese documents for the Joint Implementation Committee,
— preparing for sessions (meetings) of the Joint Implementation Committee and the National Consultative
Group,
— monitoring proper verification of legality by the General Forest Economy Inspectorate and other bodies
involved,
— assessing/evaluating requirements for the effective functioning of Congolese stakeholders,
— monitoring implementation of the communication plan,
— examining and adopting draft regulations supplementing laws and orders referred to in assessing legality,
— suggesting any measure that may facilitate the entry into force and implementation of the VPA,
— monitoring the drafting of periodic reports on the timber market,
— monitoring the implementation of measures increasing the capabilities of the private sector and civil society,
— suggesting suitable measures to overcome any difficulties associated with implementation of the VPA
identified by the joint committee,
— monitoring the drafting of periodic reports on the situation in the timber market.
5.2. Composition of the technical office
The technical office includes:
— a president,
— a vice-president,
— a rapporteur,
— a deputy rapporteur,
— members: representatives of public authorities, the private sector and civil society.

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ANNEX X
PUBLISHED INFORMATION
1. Introduction
In order to implement the Voluntary Partnership Agreement (VPA), amongst other things, information has to be
available on the VPA and its objectives, implementation, monitoring and control. This information has to be
published by the Joint Implementation Committee of the VPA and by each of the Parties, this being in order to
guarantee a clear understanding of the FLEGT licensing scheme by all those involved and effective governance with
respect to forestry management.
2. Relevant
information
published
by
the
forestry
authority
and
other
parties
The following information will be published:
Legal information:
— legality matrices,
— forestry code and all implementing regulations (decrees and orders),
— international conventions and agreements signed and ratified by Congo applying to the VPA (United Nations
Declaration 61/295 on Indigenous Peoples, African Charter on Human and Peoples’ Rights, CITES, CBD, etc.),
— wording of any other legislation or regulations applying to the VPA, as mentioned at the end of Annex II,
— documents providing information on labour, employment and social security rights,
— wording of the VPA itself, with all its annexes and subsequent amendments,
— list of private systems for the certification of legality/sustainability that have been recognised and approved,
— lists and maps of forestry concessions and protected areas.
Information on the annual forestry production of Congo:
— production by certificate of exploitation (CAT, CTI, PS and Plantation Timber Harvesting Permit), by species, by
type of product and by operator,
— annual report of the SCPFE: Exports in terms of volume and value by species, by type of product, by operator
and by destination,
— annual reports of the Departmental Forest Economy Offices,
— harvesting licences granted,
— quantities of timber and derived products imported into Congo or having passed through Congo *,
— deforestation licence (deforestation for infrastructures and projects).
Information on the process of granting certificates and the holders of permits:
— orders calling for tenders,
— minutes of the forestry committee meeting assigning forest areas,
— signed agreements (CAT and CTI) that are currently valid, including the terms and conditions,
— list and map of all forest concessions,
— list of consents granted to natural persons and legal entities that are currently valid,

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— surface area and location maps for annual areas available for exploitation,
— number of special permits granted, number of users, anticipated volume.
Information on forest management:
— list and map of managed concessions (with surface areas),
— forestry potential of the Forestry Production Unit (FPU),
— list and map of certified areas,
— approved environmental impact studies.
Information on processing:
— processing companies, location, shareholders, capacity, volumes and stocks etc.
Information on the monitoring of legality:
— list of monitoring structures and assignments,
— annual reports from all of the departments involved in monitoring (and in particular the IGEF, SCPFE, DGEF and
DDEF),
— procedures for granting legality certificates and FLEGT licences,
— list of companies holding legality certificates.
Information on forestry revenue:
— forestry transactions,
— forestry taxes (area, felling, export taxes etc.), payment of local and national taxes,
— disputes and monitoring of disputes.
Information on trade with the Union:
— quantities of timber and derived products exported to the Union under the FLEGT licensing scheme according to
the relevant HS code headings and according to the destination Member State of the Union *,
— the number of FLEGT licences issued by Congo *.
The following information is published by the Union:
— quantities of timber and derived products imported into the Union under the FLEGT licensing scheme, according
to the relevant HS headings and according to the Member State of the Union in which importation took place *,
— number of FLEGT licences received by the Union *.
Information on the prices of timber and derived products charged in the Union market will be regularly supplied to
the Congolese party.
3. Information
that
will
be
published
by
the
Joint
Committee
3.1. Minutes of meetings of the Joint Committee and summaries of decisions

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3.2. A joint report containing the following information in particular:
(a) the measures taken by both Parties to prevent importation of timber and derived products of illegal origin in
order to maintain the integrity of the FLEGT licensing scheme;
(b) cases of non-compliance with the FLEGT licensing scheme in Congo and action taken in such cases;
(c) number of cases and quantities of timber and derived products involved where Article 9(1) ( 1 ) has been applied;
(d) action preventing the exportation of timber and derived products of illegal origin to non-EU markets or sale
thereof on the national market;
(e) progress made in achieving the objectives and carrying out the activities of the VPA within a deadline specified
and all matters relating to implementation of the VPA;
(f) Structure and functioning of the Joint Committee;
(g) And certain details published by either party and mentioned under 2 in this annex ( 2 ).
3.3. Terms of reference, inspection and audit reports by the independent auditor
4. Means
of
accessing
information
The information mentioned above will be available:
— on the MEF website,
— at the technical office of the Congolese party responsible for monitoring the VPA,
— in annual reports drawn up by the Forestry Authority, available at the ministry and departmental offices,
— in the national and international written press.
Under the communication plan, public information meetings will also be held and will be an opportunity to pass
this information on to participants, particularly to those on the ground and communities that do not have Internet
access.
( 1 ) Article 9(1) Link with the body of the text (refers to cases where timber has arrived at a Union customs office without a licence).
( 2 ) These details are identified by an asterisk *.

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ANNEX XI
FUNCTIONS OF THE JOINT AGREEMENT IMPLEMENTATION COMMITTEE
The Joint Agreement Implementation Committee is responsible for managing the Voluntary Partnership Agreement (VPA)
and monitoring and assessing its implementation.
Its responsibilities include the following in particular:
(a) in relation to management of the VPA,
— publishing an annual report on the implementation of the VPA, in accordance with Annex X of the VPA,
— examining and implementing appropriate solutions to any problem identified by one of the Parties; resolving any
dispute that may arise in the event of a difference of opinion between the Parties, in accordance with Article 24 of
the VPA,
— proposing and/or taking any measure to improve performance of the VPA,
— taking responsibility for amending the annexes to the VPA, in accordance with Article 26 of the VPA;
(b) in relation to the monitoring and assessment of the VPA,
— carrying out regular inspections, with the participation of all of the parties concerned, to verify the effectiveness of
the VPA and its impact,
— assessing the social, economic and environmental impacts of this VPA, in accordance with good practice and
criteria to be examined and adopted by the Parties, and taking any measures necessary to resolve any problems
that are identified during this assessment,
— ensuring that regular assessments of the implementation of the VPA are carried out, including spot checks if
applicable,
— monitoring and analysing the periodic reports on the market situation and having studies carried out in this area;
monitoring the implementation of recommendations made after approval,
— identifying any difficulties that may be associated with implementing the VPA and suggesting and/or taking
suitable measures to overcome them;
(c) in relation to the independent audit,
— approving the independent auditor’s procedural manual, in accordance with Annex VI,
— examining the reports drawn up by the independent auditor and deciding on their publication and the way in
which they should be made available to the public, in accordance with Annex VI,
— looking into any complaint regarding the functioning of the FLEGT licensing scheme in the territory of either
party,
— deciding on, then monitoring, if applicable, the measures taken or action to be taken to resolve problems
identified by the independent auditor,
— informing the independent auditor about this action taken and any details relating to the LVS or the audit,
— looking into complaints relating to work carried out by the independent auditor;
(d) in relation to the involvement of other players in management of the VPA,
— drawing up recommendations, if applicable, on the need to increase capabilities and on the participation of the
private sector and civil society in monitoring compliance with legislation and regulations relating to forest
management in Congo,
— taking appropriate measures to promote the participation of civil society organisations and other interested groups
in implementing the VPA.

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