VPA Terms

16/01/2019

Definitions - Article 2 of VPA

(a) "import into the Union" means the release for free circulation into the Union within the meaning of Article 79 of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code of timber products which cannot be classified as "goods of a non-commercial nature" as defined in Article 1(6) of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code; 

(b) "export" means the physical leaving or taking out of timber products from any part of the geographical territory of Viet Nam, except for timber products in transit through Viet Nam; 

(c) "timber products in transit" means any timber products originating from a third country, which enter the territory of Viet Nam under customs control and leave it in the same form whilst retaining their country of origin; 

(d) "timber products" means the products listed in Annex 1; 

(e) "HS code": means a 4 or 6 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; 

(f) "FLEGT licence" means a Vietnamese legal document which confirms that a shipment of timber products intended for export to the Union has been legally produced and verified in accordance with the criteria laid down in this Agreement. A FLEGT licence may be in paper or electronic form; 

(g) "licensing authority" means the authority designated by Viet Nam to issue and validate FLEGT licences; 

(h) "competent authorities" means the authorities designated by the Member States of the Union to receive, accept and verify FLEGT licences; 

(i) "shipment" means a quantity of timber products covered by a FLEGT licence that is sent by a consignor or a shipper from Viet Nam and is presented for release for free circulation at a customs office in the Union; 

(j) "legally produced timber" (hereinafter also referred to as legal timber) means timber products harvested or imported and produced in accordance with legislation of Viet Nam as set out in Annex II and other relevant provisions of this Agreement, and in the case of imported timber, it means timber products harvested, produced and exported in accordance with relevant legislation of the country of harvest in line with the procedures described in Annex V; 

(k) "release for free circulation" means a Union customs procedure which confers the customs status of Union goods on goods which are not from the Union (with reference to Regulation (EEC) No 2913/92), entailing the collection of any import duties due; the collection, as appropriate, of other charges; the application of commercial policy measures and prohibitions and restrictions; and the completion of other formalities laid down in respect of the importation of goods; 

(l) "verification of verifiers" means the process of checking the legality and validity and conformity of verifiers based on documentary and/or physical checks by the verification entities according to regulations as set out in the Legality Definition in Annex II. 

Source: FLEGT VPA Vietnam