Republic of the Congo
Key documents required for timber legality and trade of the Republic of the Congo
The new forestry law, Law 33-2020 of the forestry code, was published on 8 July 2020. The implementing legislation for Law 33-2020 has not yet been adopted. Consequently, the information listed in the below tables is as exhaustive as possible according to the available legal framework: guidelines and clarifications will be enacted in the implementing legislation of Law 33-2020 and will allow some of the information given below to be completed.
Documents at company level
| Key document | Explanation | Validity | Legal authority | |
|---|---|---|---|---|
| Legal registration | Professional ID card | This is a document that identifies the natural person and justifies the exercise of his/her profession. | Annual | Ministry of Commerce and Industries |
| Statement from the trade and real estate credit register | Any company operating on Congolese territory must be registered with the national trade register. This is proof of the company's legal existence. | - | Ministry of Commerce and Industries | |
| Approval issued by the forestry administration | This approval officially recognises the skills and capacity of a company to operate in the logging sector, and is therefore an essential prerequisite. | Annual | Ministry in charge of Forestry | |
| Tax, fees and royalties | The main forestry taxes: surface area tax, felling tax, tax on non-timber forest products, deforestation tax, occupancy tax, waste tax, import tax, export tax. | Law 33-2020 of the forestry code, which was promulgated on 8 July 2020, refers the elements of forestry taxation to the finance law instead of to joint ministerial decrees introduced by the Minister overseeing forests and the Minister of Finances (as was the case with the former forestry code, Law 16-2000). | The finance law is established annually | Ministry in charge of Finances |
| Processing | Environmental and social impact assessment | The ESIA presents the results of the evaluation of the direct and indirect impacts of the logging or industrial transformation project on the ecological balance, the quality of life and the living environment of the populations living in the area where the project is implemented and in its adjacent areas. Validation of the impact study leads to the issuance of an environmental compliance certificate. | At the time of the processing unit's installation | Ministry in charge of the Environment |
Documents at Forest Management Unit level
| Key document | Explanation | Validity | Legal authority | |
|---|---|---|---|---|
| Forest use rights | Development and Processing Agreement (CAT - Convention d’Aménagement et de Transformation) |
The CAT guarantees its holder the right to harvest limited annual quotas of species on a Forest Management Unit (UFA – Unité Forestière d’Aménagement) as specified in the CAT itself for the first years during which the Forest Management Plan (PAF - Plan d’Aménagement Forestier) must be established and validated. The PAF will then specify these annual harvestable quotas. | A maximum of 30 years CATs may be renewed indefinitely, following certain conditions. |
Ministry in charge of Forestry |
| Plantation Timber Valuation Agreement (CVBP - Convention de Valorisation des Bois de Plantations) |
The CVBP guarantees its holder the right to harvest a defined volume of timber from a plantation of the State forest estate according to the terms and conditions detailed in the management plan (all CVBP holders being subject to the obligation to regenerate the plantation). | Three rotation cycles for fast-growing species and a maximum of 20 years for medium- and long-growth species | Ministry in charge of Forestry |
|
| Domestic Logging Permit (PED - Permisd’Exploitation Domestique) |
The PED gives its beneficiary the exclusive right to harvest the timber resource for which it is issued. The exact volume of timber harvested annually, as well as the authorised species, are specified in the logging permit. | A maximum of 3 years | Ministry in charge of Forestry |
|
| Plantation Timber Harvesting Permit (PCBP - Permis de Coupe des Bois de Plantation) |
The PCBP grants its beneficiary the exclusive right to harvest a limited quantity of trees from forest plantations that are part of the State's forest estate. | A maximum of 6 months | Ministry in charge of Forestry |
|
| Special Permit (PS - Permis Spécial) |
The PS grants its beneficiary the right to harvest forest products other than lumber (in quantities and locations that are specified in the PS) in the natural forest. In landlocked areas, the PS may be extended to the harvesting and small-scale processing of lumber species in limited quantities. | To be defined by a Decree issued by the Minister in charge of Forestry | Ministry in charge of Forestry, upon proposal by the Departmental Directorates | |
| Forest management | Forest Management Plan (PAF - Plan d’Aménagement Forestier) |
A forestry planning document that specifies the quantitative objectives to be achieved, the means implemented and the management methods used. Its duration depends on the forest's potential; it is typically between 25 and 30 years. | A maximum of 30 years | Ministry in charge of Forestry |
| Management Plan (PG - Plan de Gestion) |
A forest harvesting planification document within the Forest Production Units (UFP – Unités Forestières de Production) that makes up the 4 to 6 year forest harvesting periods. It is a variation of the PAF, the quantitative harvesting goals and other commitments of the CAT holder are specified in the PG's timeframe. | Between 4 and 6 years | Ministry in charge of Forestry | |
| Annual Logging Plan (PAE - Plan Annuel d’Exploitation) |
A planning document for forest harvesting within the Annual Allowable Cut (AAC), which represents the annual forest harvesting block. It is a variation of the PG; the CAT holder's quantitative harvesting objectives and other commitments are specified on an annual scale. | A maximum of 1 year | Ministry in charge of Forestry | |
| Timber harvesting permits and activities | Certificate of legality | Forest harvesting for industrial purposes by CAT holders is subject to the prior possession of a certificate of legality which attests that the logging company complies with currently applicable legal and regulatory requirements. It allows the logging company to carry out its production or transformation activities. | Annual (no later than the 1stof October each year) | To be determined by regulation |
| Annual Cut Authorisation | Authorisation obtained by a CAT holder prior to any industrial harvesting. It must take into account the forest's annual allowable cut. | Annual | To be determined by regulation | |
| Removal authorisation | For CAT holders, this is an authorisation granted to the logger to dispose of felled timber after the agreement has expired. | Optional | Ministry in charge of Forestry at the Departmental Directorate level | |
| Disposal authorisation | In the case of permits, authorisation is granted to the logging company to allow it to remove felled timber after the agreement has expired. | Optional | Ministry in charge of Forestry at the Departmental Directorate level | |
| Facility authorisation | Authorisation to undertake site preparation and infrastructure construction work; it is subject to the obtaining of an environmental compliance certificate. | At the start of the facility installation works | Ministry in charge of Forestry | |
| Deforestation authorisation | Authorisation required for companies other than logging companies prior to any deforestation or clearing operations. | Prior to any deforestation or clearing operations | Ministry in charge of Forestry | |
| Occupancy authorisation | Companies other than those authorised to manage State-owned forest plantations, notably mining or oil companies which undertake deforestation in reforestation areas for the installation of production or transport infrastructures, are required to obtain an occupancy authorisation from the minister in charge of forestry. | Prior to any deforestation or clearing operations | Ministry in charge of Forestry | |
| Environmental and social | A CNSS registration certificate and proof of receipt of payment by the CNSS for the company's employees | These documents attest that the company pays the social security contributions of its employees in accordance with currently applicable legislation. | Annual | Ministry in charge of Social Affairs |
| Environmental and social impact assessment of the logging operation and the living base | ||||
| Detailed specifications and evidence that objectives have been achieved | The detailed specifications, associated with the CATs and CVBPs, specify the requirements pertaining to the recipient and complement the general specifications of the CAT or CVBP. | Upon signature of the CAT or CVBP | Ministry in charge of Forestry | |
| Forest Tax, fees and Royalties | Register of taxes and receipts of payment | Record of taxes that have been paid, which may be required at the time certain permits are issued (e.g. for export). | Annual | Ministry in charge of Taxation |
| Duty | Annual direct payment for which traders, craftsmen, industrial entities, etc. are subject to in all sectors. | Annual, to be obtained prior to 31 March of each year | Administration in charge of Taxation |
Documents at product level (Chain of Custody)
| Key document | Explanation | Validity | Legal authority | |
|---|---|---|---|---|
| National traceability system | Computerised Legality Verification System (SIVL - Système Informatisé de Vérification de la Légalité) | A system that will enable the legality of companies and products to be certified, and the traceability of timber and timber products to be verified. The SIVL is currently being deployed. |
On a permanent basis | Several Ministries are involved |
| Forest traceability | Site logbook | The logbook is the document in which harvested trees, broken upon felling and trees with visible defects or damage after felling are recorded according to a standard code. The logbook is signed and initialled by the Departmental Director of the administration in charge of Forests. | On a permanent basis | Ministry in charge of Forestry, via the Departmental Directorates |
| Waybill | The waybill is the document on which the transported forest products (logs and processed products) are recorded. The information on the waybill must match the information in the site logbook and on the logs. | During the transport of logs or processed products | Ministry in charge of Forestry |
|
| Transport / Trade / Export | Transport Authorisation | Authorisation to exercise the transporter profession | Annual | Ministry in charge of Transport |
| Professional Merchant ID card | Authorisation to exercise the merchant profession. | 3 years |
Ministry in charge of Commerce | |
| Export authorisation | Administrative permit issued by the competent authority for the purpose of shipping timber (or its derivatives or other forest products legally produced on the national territory) out of the territory. | Associated with the exported batch | Competent authority | |
| Phytosanitary certificate | Certificate which justifies the compliance of the products following a quality inspection. | 3 years |
Ministry in charge of Agriculture | |
| Approval by the customs commissioner | Registration of the company with the Ministry in charge of customs. | Ministry in charge of Customs | ||
| Export Verification Certificate (AVE - Attestation de Vérification à l’Export) |
Document attesting to the inspection of forest products prior to export, carried out by the SCPFE. | Prior to export | Ministry in charge of Forestry, via the SCPFE | |
| Processing | CITES Export Permit | For the issuance of a CITES permit, the Ministry in charge of Forestry acts as the CITES Scientific Authority and pronounces favourable opinions for the issuance of CITES permits. The Ministry in charge of Forestry also performs the role of Management Authority, i.e. it establishes and issues CITES permits to loggers who wish to export the forest product classified in Appendix II of the CITES. | Prior to export | Ministry in charge of Forestry |