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REGULATION (EU) 2025/13 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 19 December 2024
on the collection and transfer of advance passenger information for the prevention, detection, investigation and prosecution of terrorist offences and serious crime, and amending Regulation (EU) 2019/818
Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraphs of Article 207(3) and (4), in conjunction with Article 218(6)(a)(v) and Article 218(7) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament,
Whereas:
(1) In May 2003 the European Commission adopted a Communication to the European Parliament and to the Council entitled ‘Forest Law Enforcement, Governance and Trade (FLEGT): Proposal for an EU Action Plan’ which called for measures to address illegal logging through the development of voluntary partnership agreements with timber-producing countries. Council conclusions on that Action Plan were adopted in October 2003 (1) and Parliament adopted a resolution on the subject on 11 July 2005 (2).
(2) In accordance with Council Decision 2011/790/EU (3), the Voluntary Partnership Agreement between the European Union and the Central African Republic on forest law enforcement, governance and trade in timber and derived products to the European Union was signed on 28 November 2011, subject to its conclusion.
(3) The Agreement should be concluded,
HAS ADOPTED THIS DECISION:
The text of the Agreement is attached to this Decision.
The Member States may participate in meetings of the Joint Agreement Implementation Committee as members of the European Union delegation.
This Agreement also provides a basis for dialogue and cooperation between the Parties aimed at facilitating and promoting its integral implementation and at strengthening the enforcement of forest regulations and governance.
(a) ‘Import into the Union’: the release for free circulation of timber and derived products into the Union within the meaning of Article 79 of Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (5), and which cannot be qualified as ‘goods of a non-commercial nature’ as defined in point 6 of Article 1 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Regulation (EEC) No 2913/92 establishing the Community Customs Code (6);
(b) ‘Export’: the physical leaving or taking out of the territory of the CAR timber and derived products produced or acquired in the CAR, with the exception of timber and derived products in transit through the territory of the CAR under the control of the customs authorities of the CAR;
(c) ‘Timber and derived products’: the products listed in Annex I;
(d) ‘HS code’: a four- or six-digit code as set out in the nomenclature of the Harmonised Commodity Description and Coding System established by the International Convention on the Harmonised Commodity Description and Coding System of the World Customs Organisation, in conformity with the combined nomenclatures of the European Union and the Economic and Monetary Community of Central Africa (CEMAC);
(e) ‘FLEGT licence’: a licence that refers to the shipment of legally produced timber or derived products;
(f) ‘Licensing authority’: the authority designated by the CAR to issue and validate FLEGT licences;
(g) ‘Competent authorities’: the authorities designated by the Member States of the European Union to receive, accept and verify FLEGT licences;
(h) ‘Shipment’: a quantity of timber and derived products covered by a FLEGT licence that is sent by a consignor and which is presented for release for free circulation at a customs office in the Union;
(i) ‘Timber that is legally produced or acquired’: harvested or imported timber and derived products, produced in accordance with the legislation specified in Annex II.
2. The FLEGT licensing scheme shall apply to the timber and derived products listed in Annex I.
3. The Parties agree to take all measures necessary to implement the FLEGT licensing scheme, in accordance with Article 12 of this Agreement.
2. The licensing authority shall verify that timber and derived products have been legally produced or acquired, in accordance with the legislation given in Annex II. It shall issue FLEGT licences covering shipments of timber and derived products that are legally produced or acquired in the CAR and destined for export to the Union and, where appropriate, the necessary documentation for timber and derived products in transit through the territory of the CAR under the control of the customs authorities of the CAR.
3. The licensing authority may not issue FLEGT licences for any timber and derived products that are composed of, or include, timber and derived products imported into the CAR from a third country in a form prohibited for export under the laws of the country concerned, or for which there is proof that this timber or these derived products have been produced or acquired in violation of the laws of the country where the trees were harvested.
4. The licensing authority shall maintain and make publicly available its procedures for issuing FLEGT licences. It shall also retain the records of all shipments covered by FLEGT licences and, in accordance with national data protection legislation, shall provide these records for the purposes of an independent audit, whilst preserving the confidentiality of the information on exporters’ industrial patent rights.
2. The competent authorities shall verify that each shipment is the subject of a valid FLEGT licence prior to releasing that shipment for free circulation in the Union. This release for free circulation may be suspended and the shipment held if there is any doubt as to the validity of the FLEGT licence. The procedures governing the release for free circulation in the Union of shipments covered by a FLEGT licence are described in Annex III.
3. The competent authorities shall maintain and publish annually a record of FLEGT licences received.
4. According to national legislation on data protection, the competent authorities shall grant the persons or bodies designated by the CAR as independent auditors access to the relevant documents and data.
5. The Union’s competent authorities shall refrain from undertaking the action described in Article 5(2) with regard to timber and derived products from species listed in the Appendices to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) insofar as these products are covered by the examination procedures laid down in Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein (7). The FLEGT licensing scheme nevertheless provides an assurance that the products in question have been legally harvested.
2. FLEGT licences shall be provided on a form written in French.
3. The Parties may, by agreement, establish electronic systems for the issuing, transmission and receipt of FLEGT licences.
4. The procedure for issuing FLEGT licences and the technical specifications are laid out in Annex IV.
2. The system or systems for verifying that shipments of timber and derived products have been legally produced or acquired is/are described in Annex V.
2. If the licensing authority fails to reply within 21 calendar days of the date of receipt of the request, the competent authority shall proceed pursuant to the national legislation in force and shall not accept the licence. If it emerges from the additional information that the information appearing on the licence does not correspond to the shipment, the competent authority shall act pursuant to the national legislation in force and shall not accept the licence.
3. In the event of disagreement or persistent difficulties in consultations regarding FLEGT licences, the case may be submitted to the Joint Implementation Committee.
2. The independent auditor shall be a body with no conflict of interest resulting from an organisational or commercial relationship with the Union or with the CAR’s forestry sector regulatory authorities, its licensing authority or any body given the responsibility of verifying the legality of timber production, or any operator exercising a commercial activity in its forestry sector.
3. The independent auditor shall operate in accordance with a documented management structure, and with published policies, methods and procedures that correspond to internationally accepted best practices.
4. The independent auditor shall refer complaints arising from its work to the Joint Implementation Committee.
5. The independent auditor shall regularly produce the full and summary reports noted in Annex VI.
6. The Parties shall facilitate the work of the independent auditor, ensuring in particular that it has access to the territory of each Party to the information necessary for the performance of its functions. In accordance with their respective national legislation on data protection, the Parties may nonetheless refrain from disclosing information that they are not permitted to communicate.
(a) a circumvention of trade, particularly via the redirection of trade from the CAR to the Union via a third country when there is reason to believe that this is done with the intention of avoiding licensing;
(b) FLEGT licences being issued for timber and derived products that include imports of suspect sources from third countries; or
(c) fraud in the obtaining or use of FLEGT licences.
2. The Parties shall, through the Joint Implementation Committee, commission an independent evaluation of the FLEGT licensing scheme on the basis of the criteria set out in Annex VII. The evaluation shall determine whether the legality assurance system (LAS) underpinning the FLEGT licensing scheme as described in Annex V adequately fulfils its functions and whether the systems in place for receiving, verifying and accepting licences, as set out in Article 5 and Annex III, are in place in the Union.
3. On the basis of the recommendations of the Joint Implementation Committee, the two Parties shall agree on a date on which the FLEGT licensing scheme should commence full operations.
4. The two Parties shall consider the recommendation and notify each other in writing of their approval of the recommendation.
2. Through the Joint Implementation Committee, the Parties shall evaluate progress made in implementation with reference to the schedule set out in Annex VIII.
2. The provision of such additional resources shall be subject to the normal procedures of the Union and its Member States for programming aid to the CAR and to the budgetary procedures of the CAR itself.
3. The Parties shall envisage the need for a joint arrangement whereby the financing and technical contributions of the European Commission and the Member States of the Union are coordinated to support these processes.
4. The CAR shall ensure that capacity building for the implementation of this Agreement is included in national planning instruments, such as the poverty reduction strategies.
5. The Parties shall ensure that activities associated with implementation of this Agreement are coordinated with the relevant development programmes and initiatives, current or future.
6. The provision of these resources shall be subject to the procedures governing Union aid, as set out in the Cotonou Agreement, and to those governing the bilateral aid given to the CAR by each of the Union’s Member States.
2. The Union shall hold regular consultations with the European stakeholders on the implementation of this Agreement, bearing in mind 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.
2. The Parties shall monitor the impact of this Agreement on those communities, taking reasonable and appropriate steps to mitigate any adverse impact. The Parties may agree additional measures to counter any such adverse impact.
(a) the encouragement of public and private procurement policies that recognise efforts to ensure a supply of legally harvested forest products; and
(b) the promotion of FLEGT-licensed timber and derived products on the Union’s market.
2. Each Party shall appoint its representatives to the Joint Implementation Committee. The Committee shall take its decisions by a consensus.
3. The Joint Implementation Committee shall facilitate dialogue and an effective and regular exchange of information between the Parties in order to optimise the functioning of this Agreement, and may consider any issues relating to its effective operation. The detailed functions of the Joint Implementation Committee are given in Annex X.
4. The Joint Implementation Committee:
(a) shall meet at least once a year on a date agreed by the Parties;
(b) shall produce the agenda and terms of reference for joint actions on a collegiate basis;
(c) shall establish its own rules of procedure;
(d) shall preside over its meetings either in turns, by representatives of each Party, or by a co-chair arrangement;
(e) shall ensure that its work is as transparent as possible and that information concerning its work and its decisions is accessible to the public;
(f) may establish working groups or other subsidiary bodies for areas of work requiring specific expertise.
5. The Joint Implementation Committee shall publish an annual report. Details regarding the content of this report can be found in Annex XI.
6. In the period between signing of this Agreement and its entry into force, a joint consultation and review mechanism shall be established in order to facilitate the implementation of this Agreement.
(a) for the CAR: the Minister for Water, Forests, Hunting and Fisheries;
(b) for the European Union: the Head of the EU Delegation in the CAR.
2. The Parties shall provide each other with the necessary information to implement this Agreement.
2. Each Party shall consider the most appropriate mechanisms (media, documents, Internet, workshops, annual reports) by which to disseminate the information to the public. In particular, the Parties shall endeavour to make reliable and relevant information available to the different stakeholders involved in the forestry sector in real time. These mechanisms are described in Annex XI.
2. Subject to paragraph 1, the following information shall not be considered confidential:
(a) the number of FLEGT licences issued by the CAR and received by the Union and the volume of timber and derived products exported from the CAR and received by the Union;
(b) the names and addresses of licence holders and importers.
2. If a dispute has not been settled by consultation within three months from the date of the initial consultation request, each Party may submit the dispute to the Joint Implementation Committee, which shall endeavour to resolve it. The Committee shall obtain all information relevant to an in-depth examination of the situation with a view to finding an acceptable solution. To this end, it is required to examine all possible ways of maintaining the good functioning of this Agreement.
3. In the event that the Joint Implementation Committee cannot resolve the dispute, the Parties may:
(a) jointly seek the good offices of, or request mediation by, a third Party;
(b) go to arbitration. In the event that it is not possible to resolve the dispute in accordance with paragraph 3(a), either Party may notify the other of the appointment of an arbitrator; the other Party must then appoint a second arbitrator within 30 calendar days of the appointment of the first arbitrator. The Parties shall jointly appoint a third arbitrator within two months of the appointment of the second arbitrator. The arbitrators’ decisions shall be taken by a majority vote within six months of the appointment of the third arbitrator. The arbitrators’ decisions shall be binding on the Parties, and shall be without appeal.
4. The Joint Implementation Committee shall establish the methods of arbitration.
2. The conditions of this Agreement shall cease to apply 30 calendar days after such notice is given.
3. Application of this Agreement shall resume 30 calendar days after the Party that has suspended it informs the other Party that the reasons for the suspension no longer apply.
2. Any amendment thus approved by both Parties shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for this purpose.
3. The Joint Implementation Committee may adopt amendments to the Annexes to this Agreement.
4. Notification of any amendment shall be sent to the joint depositaries for this Agreement.
2. Notification shall be sent to the Secretary-General of the Council of the European Union and to the Office of the CAR’s Prime Minister, who shall be the joint depositaries for this Agreement.
(1) OJ C 268, 7.11.2003, p. 1.
(2) OJ C 157E, 6.7.2006, p. 482.
(3) OJ L 320, 3.12.2011, p. 2.
(4) OJ L 347, 30.12.2005, p. 1.
(5) OJ L 302, 19.10.1992, p. 38.
(6) OJ L 253, 11.10.1993, p. 1.
(7) OJ L 61, 3.3.1997, p. 1.
(1) OJ C 268, 7.11.2003, p. 1.
(2) OJ C 157E, 6.7.2006, p. 482.
(3) OJ L 320, 3.12.2011, p. 2.
(4) OJ L 347, 30.12.2005, p. 1.
(5) OJ L 302, 19.10.1992, p. 38.
(6) OJ L 253, 11.10.1993, p. 1.
(7) OJ L 61, 3.3.1997, p. 1.
ELI: http://data.europa.eu/eli/dec/2012/374/oj