VOLUNTARY PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF HONDURAS ON FOREST LAW ENFORCEMENT, GOVERNANCE AND TRADE IN TIMBER PRODUCTS TO THE EUROPEAN UNION
ARTICLE 1
Objective
ARTICLE 2
Definitions
ARTICLE 3
FLEGT licensing scheme
ARTICLE 4
Licensing authority
ARTICLE 5
Competent authorities of the Union
ARTICLE 6
FLEGT licences
ARTICLE 7
Definition of legally produced timber
ARTICLE 8
Verifying the legality of the timber produced or acquired
ARTICLE 9
Release for free circulation of shipments covered by a FLEGT licence
ARTICLE 10
Independent auditor
ARTICLE 11
Irregularities
ARTICLE 12
Start date for the implementation of the FLEGT licensing scheme
ARTICLE 13
Application of the FLEGT licensing scheme to timber products not exported to the Union
ARTICLE 14
Schedule for implementation of this Agreement
ARTICLE 15
Supplementary and support measures
ARTICLE 16
Stakeholder involvement in the implementation of this Agreement
ARTICLE 17
Social safeguards
ARTICLE 18
Market incentives
ARTICLE 19
Joint Implementation Committee
ARTICLE 20
Transparency and access to public information
ARTICLE 21
Communication on the implementation of this Agreement
ARTICLE 22
Confidential information
ARTICLE 23
Territorial application
ARTICLE 24
Settlement of disputes
ARTICLE 25
Suspension
ARTICLE 26
Amendments
ARTICLE 27
Duration
ARTICLE 28
Termination of this Agreement
ARTICLE 29
Annexes
ARTICLE 30
Authentic texts
ARTICLE 31
Entry into force
ANNEXES
ANNEX I
LIST OF TIMBER PRODUCTS COVERED BY THE FLEGT LICENSING SCHEME
Number |
Code |
Description |
Usual name in Honduras |
1. |
4401.21 |
Coniferous wood in chips or particles. |
Astillas o chips |
2. |
4401.22 |
Non-coniferous wood in chips or particles. |
Astillas o chips |
3. |
4401.31 |
Wood pellets. |
Pellets, briquetas |
4. |
Ex. 4403 |
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared; except round or roughly squared wood of broadleaf species from natural forests, corresponding to code 4403 4985. |
Madera en rollo, timber |
Ex. 4403 4985 |
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared. Not treated with paint, creosote or other preservatives, Non-coniferous. Of tropical wood from natural forests. (SA 4403.49.00.00 in Honduras). Export prohibited under Honduran law. In accordance with Article 3 of this Agreement, products under this HS code cannot be covered by a FLEGT licence and therefore cannot be imported into the EU. |
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5. |
4404 |
Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking-sticks, umbrellas, tool handles or the like; chipwood and the like. |
Estacas, palos de escoba, palillos, nasas, tampas |
6. |
4406 |
Railway or tramway sleepers (cross-ties) of wood. |
Durmientes |
7. |
4407 |
Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, spliced or end-jointed, of a thickness exceeding 6 mm. |
Madera aserrada, madera cepillada, madera en bloque, cuartones |
8. |
4408 |
Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for 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. |
Chapa, enchapado, plywood |
9. |
4409 |
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. |
Molduras, pisos, forros, cielos, machimbres |
10. |
4410 |
Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances. |
Tableros, OSB |
11. |
4411 |
Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances. |
Tableros, MDF |
12. |
4412 |
Plywood, veneered panels and similar laminated wood. |
Contrachapada |
13. |
4415 |
Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood. |
Pallets, tarimas, cajas |
14. |
4418 |
Builders' joinery and carpentry of wood, including cellular wood, panels, assembled flooring panels, shingles and shakes. |
Puertas, ventanas, marcos, contramarcos, encofrados, postes, vigas |
15. |
4419 |
Tableware and kitchenware, of wood |
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16. |
9403.30 |
Wooden furniture of a kind used in offices |
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17. |
9403.40 |
Wooden furniture of a kind used in the kitchen |
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18. |
9403.50 |
Wooden furniture of a kind used in the bedroom |
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19. |
9403.60 |
Other wooden furniture |
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ANNEX II
HONDURAN LEGALITY MATRICES
1. Principles
2. Considerations for verifying legality
3. Sources of timber
4. Changes to the regulatory, organisational and institutional framework of Honduras
LEGALITY MATRICES
PRINCIPLE 1. FORESTRY SECTOR OPERATORS RESPECT THE PROPERTY RIGHTS AND TENURE OF FOREST AREAS IN ACCORDANCE WITH EXISTING LEGISLATION. |
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Criterion 1.1. Public and private operators in the forestry sector involved in forest-based production activities comply with existing legislation for demonstrating ownership of forest areas. |
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Indicator 1.1.1. Owners of private forest areas, including community or inter-community and municipal (ejido) forest areas, have documents proving ownership. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 1.1.2. National forest areas owned by the State are recorded in the IP's Land Register and the ICF's Catalogue of Inalienable Public Forest Resources. |
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Means of verification:
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Legal reference:
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Competent institution:
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Criterion 1.2. Allocation of national and municipal (ejido) forest areas to communities, agroforestry groups and natural or legal persons. |
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Indicator 1.2.1. The ICF enters into forest management contracts in national areas to carry out forest management activities in the short, medium and long term. |
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Means of verification (either):
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Legal reference:
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Competent institution:
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Indicator 1.2.2. The municipality enters into a community forest management contract in municipal (ejido) areas to carry out forest management activities in the short, medium and long term. |
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Means of verification:
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Legal reference:
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Competent institution:
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PRINCIPLE 2. THE STATE OF HONDURAS RESPECTS THE RIGHTS OF THE INDIGENOUS AND AFRO-DESCENDANT PEOPLES OF HONDURAS LIVING IN FOREST AREAS. |
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Criterion 2.1. The State of Honduras shall comply with ILO Convention No 169 as regards the recognition of rights of ownership and consultation ("free prior and informed consent" – FPIC) for areas ancestrally possessed by the Indigenous and Afro-descendant Peoples of Honduras. |
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Indicator 2.1.1. The State, through the competent institutions, the IP, the National Agrarian Institute (INA) and ICF, issues full title deeds and the IP records the forest land ancestrally possessed by the Indigenous and Afro-descendant Peoples of Honduras (PIAH) to allow commercial timber harvesting. |
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Means of verification:
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Legal reference:
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Competent institution:
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For means 2:
For means 3:
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Indicator 2.1.2. The ICF respects the right to free prior and informed consent in the territories of the Indigenous and Afro-descendant Peoples of Honduras where commercial timber harvesting is intended to take place and by which those Peoples are directly affected. |
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Means of verification:
Note: The consultation report held by the ICF sets out the result of the consultation (i.e. the requisite agreement or approval of the measures proposed to carry out commercial timber harvesting) conducted pursuant to ILO Convention No 169 concerning Indigenous and Tribal Peoples and the national legislation in force. |
Legal reference:
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Competent institution:
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PRINCIPLE 3. FORESTRY SECTOR OPERATORS COMPLY WITH THE LAWS AND RULES ON FORESTRY MANAGEMENT, HARVESTING, TRANSPORT, PROCESSING OF, AND TRADE IN, TIMBER PRODUCTS. |
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Criterion 3.1. Owners and usufructuaries of land with forest management contracts have forest management plans or special plans for agroforestry systems that fulfil the relevant legal requirements. |
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Indicator 3.1.1. Owners of private and municipal (ejido) forest areas that carry out harvesting activities have an approved and valid forest management plan. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 3.1.2. The usufructuaries (communities, agroforestry organisations and natural or legal persons) of national public forest areas registered with the ICF that carry out harvesting activities have an approved and valid forest management plan. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 3.1.3. Owners of areas with privately and municipally owned (ejido) agroforestry systems carry out harvesting activities have a special plan for agroforestry systems that is approved and valid. |
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Means of verification:
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Legal reference:
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Competent institution: The relevant ICF Regional Forestry Office. |
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Indicator 3.1.4. Owners and usufructuaries of forest areas with an approved and valid Forest Management Plan have an Annual Operating Plan, and owners with a special plan for agroforestry systems have an Annual Felling Plan. |
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Means of verification:
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Legal reference:
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Competent institution:
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Criterion 3.2. Operators that are in charge of implementing forestry activities and are appointed to carry out these activities under a harvesting licence for Annual Operating Plans, Annual Felling Plans, forest plantations, Rescue Plans and Recovery Plans, are natural or legal persons that fulfil the requirements to operate in the forestry sector. |
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Indicator 3.2.1. Qualified forestry technicians that are in charge of implementing forestry activities, under harvesting licences for Annual Operating Plans, Annual Felling Plans, forest plantations, Rescue Plans and Recovery Plans, are registered with the ICF and in the records for the corresponding harvesting licences. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 3.2.2. Legal or natural persons that are contracted to implement harvesting activities for Annual Operating Plans, Annual Felling Plans, forest plantations and Rescue Plans and Recovery Plans are registered with the ICF and included in the records for the corresponding harvesting licences. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 3.2.3. Independent forestry technicians are responsible for correctly carrying out forestry activities, under harvesting licences for Annual Felling Plans, forest plantations, Rescue Plans and Recovery Plans. Independent forestry technicians are members of a professional body, solvent and registered in the records for the corresponding harvesting licences. |
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Means of verification:
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Legal reference:
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Competent institution:
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Criterion 3.3. The holders and usufructuaries of management plans and timber harvesting licences harvest timber and other non-timber forest products in accordance with legal requirements. |
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Indicator 3.3.1. The holders of management plans and other timber harvesting licences meet the technical standards for timber harvesting when carrying out the activities listed in the Annual Operating Plans and other timber harvesting licences. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 3.3.2. The owners or usufructuaries of forest areas that carry out harvesting activities have approved and valid rescue plans for forests affected by natural disasters, diseases or infestations, public and/or private construction projects and changes of vegetation on land used for agriculture. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 3.3.3. The owners of forest plantations have an approved and valid plantation certificate and a harvesting licence for harvesting and selling products derived from the management of occupied, forested or reforested private, municipal (ejido) and national areas. |
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Means of verification:
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Legal reference:
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Competent institution:
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Criterion 3.4. The holders and usufructuaries of timber harvesting licences apply environmental protection measures that meet the legal requirements. |
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Indicator 3.4.1. The owners named on forest management plans for national, municipal (ejido) and private forest areas comply with the protection programme for fires, infestations, forest diseases, water sources, flora and fauna. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 3.4.2. The owners named on the forest management plans comply with the Environmental Impact Assessment Programme for Forestry Activities. |
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Means of verification:
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Legal reference:
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Competent institution:
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Criterion 3.5. Timber is transported in accordance with the legislation in force. |
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Indicator 3.5.1. Timber transported from the forest to a timber collection centre, primary and secondary forest product companies, and timber yards has a transport permit. |
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Means of verification:
N.B.: The ICF authorises three types of transport permit: for roundwood (1), for products and by-products (2) and for sawn timber (3). |
Legal reference:
For broadleaf forests:
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Competent institution:
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Indicator 3.5.2. Authorised invoices are used for the transport, to any destination, of processed timber sold by primary or secondary forest product companies, or timber yards. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 3.5.3. Valid waybills are used when transporting timber to any destination. |
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Means of verification:
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Legal reference:
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Competent institution:
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Criterion 3.6. Natural or legal persons that own companies and timber yards comply with the legislation in force when establishing and operating primary and secondary forest product companies and timber yards. |
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Indicator 3.6.1. Natural or legal persons that own a primary or secondary forest product company or a timber yard are registered with the municipality and the ICF. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 3.6.2. Natural or legal persons that own primary and secondary forest product companies and timber yards comply with the environmental monitoring measures in accordance with environmental impact categorisation. |
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Means of verification:
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Legal reference: MiAmbiente:
Municipalities with environmental licensing powers:
Municipalities with legal autonomy: Articles 12 and 12-A of the Law on Municipalities, Decree No 134-90. |
Competent institution:
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Criterion 3.7. Operators in the forest production chain comply with the rules in force regarding domestic trade in timber products. |
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Indicator 3.7.1. Operators in the forest production chain comply with the rules in these Legality Matrices that apply to the domestic timber products market. |
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Means of verification:
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Legal reference:
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Competent institution:
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PRINCIPLE 4. EMPLOYERS IN THE FORESTRY SECTOR COMPLY WITH LABOUR OBLIGATIONS AND OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS. |
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Criterion 4.1. Employers in the forestry sector comply with recruitment and wage-related legislation for employees in the forestry sector. |
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Indicator 4.1.1. Employers in the forestry sector formally recruit their (permanent or temporary) employees. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 4.1.2. Employers in the forest production chain pay their (permanent or temporary) employees at least the minimum wage. |
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Means of verification:
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Legal reference:
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Competent institution:
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Criterion 4.2. Employers in the forest production chain observe occupational health and safety rules for employees. |
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Indicator 4.2.1. Employers in the forest supply chain ensure the occupational health and safety of their employees at their place of work. |
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Means of verification:
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Legal reference:
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Competent institution:
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Criterion 4.3. Employers in the forestry sector observe the rules on employees' social welfare. |
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Indicator 4.3.1. Employers in the forest production chain register their employees with the Honduran Institute of Social Security (IHSS). |
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Means of verification:
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Legal reference:
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Competent institution:
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PRINCIPLE 5. OPERATORS IN THE FORESTRY SECTOR COMPLY WITH RULES ON INTERNATIONAL TRADE IN TIMBER PRODUCTS. |
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Criterion 5.1. Exporters and importers of timber products operate legally with the requisite authorisation and fulfil their tax and customs-related obligations. |
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Indicator 5.1.1. Importers and exporters fulfil their customs-related obligations in accordance with the Customs Procedure. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 5.1.2. Importers fulfil the due diligence requirements applicable to imports of timber products. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 5.1.3. Exporters of timber products derived from species covered by the CITES Convention comply with that Convention. |
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Means of verification:
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Legal reference:
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Competent institution:
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PRINCIPLE 6. OPERATORS IN THE FORESTRY SECTOR FULFIL THEIR TARIFF AND TAX-RELATED OBLIGATIONS. |
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Criterion 6.1. Operators in the forestry sector are legally established. |
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Indicator 6.1.1. Operators in the forestry sector are registered with the Tax Administration. |
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Means of verification:
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Legal reference:
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Competent institution:
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Criterion 6.2. Operators in the forestry sector fulfil their tax obligations vis-à-vis the central and municipal Government. |
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Indicator 6.2.1. The holders of harvesting licences pay the licensing tax for a Licence to Harvest or Exploit Natural Resources in accordance with the Implementing Regulation for the Law on Municipalities and the fees laid down in the municipal taxation plan in force. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 6.2.2. Operators in the forestry sector pay income tax, solidarity contribution and tax on net assets. |
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Means of verification:
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Legal reference:
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Competent institution:
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Indicator 6.2.3. Operators in the forestry sector use the invoicing scheme for sales of timber and sales of services by sawmills. |
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Means of verification:
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Legal reference:
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Competent institution:
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Criterion 6.3. Operators in the forestry sector fulfil their tariff-related obligations vis-à-vis the central Government. |
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Indicator 6.3.1. Operators in the forestry sector fulfil their tariff obligations. |
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Means of verification:
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Legal reference:
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Competent institution:
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Appendices
Operator |
Definition/Concept |
Indicator/Means of verification |
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Natural or legal persons that carry out activities in the forest production chain. These activities include, among others, forest management, the harvesting, processing, transport, sales, import and export of timber and timber products, as well as changing the use of a forest area. The operators subcontracted to carry out these activities fall under this definition; for example, chainsaw operators, checkers or dispatchers, sales representatives, transporters and consignees of timber products. |
Under different headings throughout the table. |
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Group of natural persons and their organisations based in a rural location (village or hamlet), in forest areas or places on the edge of these areas, with access to forest management and other agroforestry resources. |
1.1.1/1 - 1.2.1/2 - 1.2.2/1 - 2.1.2/1 - 3.1.2/1 - 3.3.2/1 |
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Community organisation with legal personality, including agroforestry organisations, ethnic groups, rural forest companies and organised communities located in a national forest area, whose purpose is to manage, harvest, process and sell goods and services relating to forests. |
1.1.1/1 - 1.2.1/2 - 1.2.2/1 - 2.1.1/1 - 2.1.1/2 - 2.1.1/3 - 2.1.2/1 - 3.1.2/1 - 3.3.2/1 |
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Natural or legal person that owns property on which there is forest cover, which can be, for example, private, municipal (ejido), national, community- or jointly owned by indigenous peoples, among others. |
1.1.1/1 - 1.1.2/1 - 1.1.2/2 - 1.2.1/1 - 1.2.1/2 - 1.2.2/1 - 2.1.1/1 - 2.1.1/2 - 2.1.1/3 - 2.1.2/1 - 3.1.1/1 - 3.1.2/1 - 3.1.3/1 - 3.3.2/1 - 3.3.3/1 - 3.3.3/2 |
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Natural or legal person that has full ownership of property on which there is forest cover. |
1.1.1/1 - 2.1.1/1 - 2.1.1/2 - 2.1.2/1 - 3.1.1/1 - 3.1.3/1 - 3.3.2/1 - 3.3.3/1 - 3.3.3/2 |
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A Municipality that owns property on which there is forest cover. |
1.1.1/1 - 1.2.2/1 - 2.1.1/1 - 2.1.1/2 - 2.1.2/1 - 3.1.1/1 - 3.1.3/1 - 3.3.2/1 - 3.3.3/1 - 3.3.3/2 |
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Natural or legal person that is the beneficiary of an approved forest management plan for a national forest. |
2.1.2/1 - 3.1.2/1 - 3.1.4/1 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.2/2 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.1/2 - 3.3.2/1 - 3.4.1/1 - 3.4.1/2 - 3.4.2/1 - 3.4.2/2 - 3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.2.1/1 - 6.2.1/2 |
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Natural or legal person that is the beneficiary of an approved forest management plan for a municipal (ejido) forest. |
2.1.2/1 - 3.1.1/1 - 3.1.4/1 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.2/2 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.1/2 - 3.3.2/1 - 3.4.1/1 - 3.4.1/2 - 3.4.2/1 - 3.4.2/2 - 3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.2.1/1 - 6.2.1/2 |
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Natural or legal person that is the beneficiary of an approved forest management plan for a private forest. |
2.1.2/1 - 3.1.1/1 - 3.1.4/1 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.2/2 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.1/2 - 3.3.2/1 - 3.4.1/1 - 3.4.1/2 - 3.4.2/1 - 3.4.2/2 - 3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.2.1/1 - 6.2.1/2 |
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Natural or legal person that owns property with a production system that combines agricultural and forest products. |
1.1.1/1 - 2.1.1/1 - 2.1.1/2 - 2.1.2/1 - 3.1.3/1 - 3.1.4/2 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.2/1 - 3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.2.1/1 - 6.2.1/2 |
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Natural or legal person that is the full or beneficial owner of property with a forest plantation. |
1.1.1/1 - 2.1.1/1 - 2.1.1/2 - 2.1.2/1 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.2/1 - 3.3.3/1 - 3.3.3/2 - 3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.2.1/1 - 6.2.1/2 |
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Natural or legal person in possession or occupation of a national or municipal (ejido) area without a title deed to the land declaring legal ownership. This operator benefits from legalisation procedures to obtain a usufruct contract allowing it, among other things, to carry out forest management activities. |
1.2.1/1 - 2.1.2/1 - 3.1.2/1 - 3.3.2/1 |
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Natural or legal person who has been appointed by the State forestry administration or municipal government to sustainably manage a public forest (national or municipal/ejido) for its benefit. |
1.2.1/1 - 2.1.2/1 - 3.1.2/1 - 3.3.2/1 |
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Natural or legal person that carries out harvesting activities in natural and/or planted pine and broadleaf forests, appointed by the owner named on an approved and valid Forest Management Plan. |
3.2.2/1 - 3.2.2/2 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
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Natural or legal person in the forestry sector whose activity is the carriage or transport of timber products. |
3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
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Forestry or similar professional who ensures the management and sustainable development of forests through management plans or approved operating plans in public or private forests, and who, in accordance with their professional duties, is a certifying officer. |
3.2.1/1 - 3.2.1/2 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
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Private forestry professional who carries out activities in the forestry sector, excluding the implementation of operating plans. |
3.2.3/1 - 3.2.3/2 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
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Natural or legal person trading timber products outside the national territory. |
5.1.1/1 - 5.1.3/1 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
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Natural or legal person that purchases timber products from abroad in order to distribute, sell and/or process them inside or outside the country. |
5.1.1/1 - 5.1.2/1 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
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Natural or legal person that is the owner or legal representative of a forest product company which carries out the initial processing of roundwood (in its natural state) or any other timber or non-timber raw material from the forest. |
3.6.1/1 - 3.6.1/2 - 3.6.2/1 - 3.6.2/2 - 3.7.1/1 - 3.7.1/2 - 3.7.1/3 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
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Natural or legal person that is the owner or legal representative of a forest product company which processes products from a primary forest product company or any other timber or non-timber raw material from the forest. |
3.6.1/1 - 3.6.1/2 - 3.6.2/1 - 3.6.2/2 - 3.7.1/1 - 3.7.1/2 - 3.7.1/3 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
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Natural or legal person that is the owner or legal representative of a piece of land, site or storage area where timber is bought and sold at national level/in the domestic market. |
3.6.1/1 - 3.6.1/2 - 3.6.2/1 - 3.6.2/2 - 3.7.1/1 - 3.7.1/2 - 3.7.1/3 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
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Natural or legal person, under private or public law, that uses the services of one or more employees through an employment contract or a work relationship. This definition applies at all levels. |
4.1.1/1 - 4.1.2/1 - 4.2.1/1 - 4.3.1/1 - 4.3.1/2 - 4.3.1/3 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
Institution concerned |
Means of verification |
National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF) |
1.1.2/2 - 1.2.1/1 - 1.2.1/2 - 1.2.2/1 - 2.1.1/3 - 2.1.2/1 - 3.1.1/1 - 3.1.2/1 - 3.1.3/1 - 3.1.4/1 - 3.1.4/2 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.2/2 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.1/2 - 3.3.2/1 - 3.3.3/1 - 3.3.3/2 - 3.4.1/1 - 3.4.1/2 - 3.4.2/1 - 3.4.2/2 - 3.5.1/1 - 3.5.2/1 - 3.6.1/2 - 3.7.1/1 - 3.7.1/2 - 3.7.1/3 - 5.1.2/1 |
Municipalities |
1.2.2/1 - 3.6.1/1 - 3.6.2/1 - 3.6.2/2 - 6.2.1/1 - 6.2.1/2 |
Revenue Administration Service (SAR) |
3.5.2/1 - 3.5.3/1 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
Institute of Property (IP) |
1.1.1/1 - 1.1.2/1 - 2.1.1/1 |
Ministry of Employment and Social Security (STSS) |
4.1.1/1 - 4.1.2/1 - 4.2.1/1 |
Ministry of Energy, Natural Resources, Environment and Mines (MiAmbiente) |
3.6.2/1 - 3.6.2/2 |
National Agrarian Institute (INA) |
2.1.1/2 |
Ministry of Agriculture and Livestock (SAG) |
5.1.3/1 |
Customs Revenue Subdirectorate (DARA) |
5.1.1/1 |
Honduran Institute of Social Security (IHSS) |
4.3.1/1 |
ANNEX III
CONDITIONS GOVERNING THE RELEASE FOR FREE CIRCULATION IN THE UNION OF TIMBER PRODUCTS EXPORTED FROM HONDURAS AND COVERED BY A FLEGT LICENCE
FRAMEWORK
ARTICLE 1
Processing of FLEGT licences
ARTICLE 2
Checks on validity of FLEGT licence documentation
ARTICLE 3
Request for additional information
ARTICLE 4
Verification of the conformity of the FLEGT licence with the consignment
ARTICLE 5
Verification prior to the arrival of the consignment
ARTICLE 6
Other matters
ARTICLE 7
Release for free circulation
ANNEX IV
PROCEDURE FOR ISSUING FLEGT LICENCES
ARTICLE 1
General requirements for FLEGT licences
ARTICLE 2
Responsibility of the FLEGT licensing authority
ARTICLE 3
Procedure for issuing FLEGT licences
ARTICLE 4
Technical specifications for FLEGT licences in paper form
ARTICLE 5
Format for issuing FLEGT licences
ARTICLE 6
Copies of the FLEGT licence
ARTICLE 7
Validity, withdrawal and replacement of the FLEGT licence
ARTICLE 8
Management of infringements relating to the issuing of FLEGT licences
ARTICLE 9
Doubts about the validity and authenticity of a FLEGT licence
Appendix 1
Item # |
Commercial description of timber or timber products |
HS code |
Common and scientific names |
Country of harvest |
ISO code of country of harvest |
Volume (m3) |
Weight (kg) |
Number of units |
1. |
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2. |
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3. |
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4. |
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5. |
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6. |
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7. |
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8. |
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9. |
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10. |
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Place of issue |
Date (day/month/year) |
Signature and stamp of the FLEGT licensing authority |
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Appendix 2
INSTRUCTIONS FOR COMPLETING THE FORM
Box 1 |
FLEGT licensing authority |
Enter the name and address of the FLEGT licensing authority. |
Box 2 |
Importer |
Name and Address of Importer. |
Box 3 |
FLEGT licence number |
Enter the issuing number. |
Box 4 |
Date of expiry |
Period of validity of the FLEGT licence |
Box 5 |
Exporting country |
The partner country from where the timber products were exported to the Union. |
Box 6 |
ISO code |
Enter the two-letter country code of the partner country indicated in box 5. |
Box 7 |
Means of transport |
State the means of transport to the export point. |
Box 8 |
FLEGT licence-holder |
Give the name and address of the exporter. |
Box 9 |
Commercial description of the timber or timber products |
Enter the commercial description of the timber product(s). |
Box 10 |
HS codes |
Give the four- or the six-digit product code established under the Harmonized Commodity Description and Coding System. |
Box 11 |
Common and scientific names |
Enter the common and scientific names of the categories of timber used in the product. If more than one category is used in the product, use a separate line for each. This information may be omitted for composite products or components that contain more than one unidentifiable category (e.g. particle boards). |
Box 12 |
Country of harvest |
Enter the countries where the categories of timber referred to in box 10 were harvested. If more than one category is used in the product, give all sources of the timber used. This information may be omitted for composite products or components that contain more than one unidentifiable category (e.g. particle boards). |
Box 13 |
ISO codes |
Enter the ISO code of the countries referred to in box 12. This information may be omitted for composite products or components that contain more than one unidentifiable category (e.g. particle boards). |
Box 14 |
Volume (m3) |
State the overall volume in m3. This information may be omitted, unless the information referred to in box 15 has been omitted. |
Box 15 |
Net weight (kg) |
Give the total weight in kg, namely the net mass of the timber products without immediate containers or any packaging, other than bearers, spacers, stickers, etc. This information may be omitted, 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. This information may be omitted. |
Box 17 |
Distinguishing marks |
State any distinguishing marks where appropriate, e.g. batch number, bill of lading number. This information may be omitted. |
Box 18 |
Signature and stamp of the FLEGT licensing authority |
The box must be signed by the authorised official and stamped with the official stamp of the FLEGT licensing authority. The place and date must also be stated. |
ANNEX V
HONDURAN LEGALITY ASSURANCE SYSTEM FOR TIMBER PRODUCTS (LAS)
1. INTRODUCTION
1.1. General context
1.2. Objective of the Honduran Legality Assurance System for Timber Products (LAS)
1.3. New tools and elements for the improvement of forestry management.
2. HONDURAN LEGAL FRAMEWORK APPLICABLE TO THE LAS
2.1. International conventions and treaties
2.2. Regional conventions and treaties
2.3. National legislation on the sustainable management of natural resources
2.4. National legislation on labour matters
2.5. National legislation on the payment of state and municipal taxes for the export of timber products
2.6. National legislation on administrative procedures, transparency mechanisms and public participation
2.7. National legislation applied by the judicial officers
3. ELEMENTS OF THE LAS
3.1. Definition of legality
3.2. Verification of compliance with the legality definition
3.3. Supply-chain controls
3.4. FLEGT and H-Legal licensing process
3.5. Independent auditing
4. INSTITUTIONAL FRAMEWORK AND ROLE OF ACTORS INVOLVED IN THE IMPLEMENTATION OF THE LAS
4.1. Actors involved in the implementation of the LAS
4.2. State institutions
4.2.1. National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF)
4.2.2. Revenue Administration Service (SAR)
4.2.3. Municipalities
4.2.4. Institute of Property (IP)
4.2.5. Ministry of Employment and Social Security (STSS)
4.2.6. Honduran Institute of Social Security (IHSS)
4.2.7. Ministry of Energy, Natural Resources, Environment and Mines (MiAmbiente)
4.2.8. National Agrarian Institute (INA)
4.2.9. Ministry of Agriculture and Livestock (SAG)
4.2.10. Customs Revenue Subdirectorate (DARA)
4.2.11. Government institutions indirectly involved
4.2.11.1. National Preventive Police (PNP)
4.2.11.2. Public Prosecutor's Office (MP)
4.2.11.3. Attorney-General's Office (PGR)
4.2.11.4. Supreme Court of Justice (CSJ)
4.2.11.5. Honduran armed forces (FFAA)
4.2.11.6. National Directorate of Indigenous and Afro-Honduran Peoples (DINAFROH)
4.2.11.7. Institute for Access to Public Information (IAIP)
4.2.11.8. National Commission on Human Rights (CONADEH)
4.2.11.9. National Research System for Forests, Protected Areas and Wildlife (SINFOR)
4.3. Private forestry sector
4.4. Civil society organisations
4.4.1. Local organisations
4.4.2. Non-governmental development organisations
4.5. Indigenous and Afro-descendant Peoples of Honduras
4.6. Capacity-building
5. COVERAGE/SCOPE OF THE LAS
5.1. Timber products included in the LAS
5.2. Markets covered by the LAS
5.3. Sources of timber covered by the LAS
5.3.1. Timber harvested on the national territory
5.3.2. Imported wood
5.3.3. Timber not covered by the LAS
5.4. Scope of operators included in the LAS
Operator |
Scope of action under the LAS |
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Applies for or provides evidence of land tenure. Prior to carrying out harvest activities, applies to the ICF for approval of a forest management plan and the related annual operating plans, rescue plan or recovery plan. Applies to the ICF for transport permits for the transport of harvested timber, and reports on the transport permits used, which are entered in the SIRMA database. Provides evidence that the FPIC principles have been followed, as appropriate. |
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Applies for approval of a PESA and an AFP for harvesting as part of an agroforestry system. Applies to the ICF for transport permits for the transport of harvested timber, and reports on the transport permits used, which are entered in the SIRMA database. |
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Applies to the ICF for certification of the forest plantation and for harvesting of a certified plantation. Applies to the ICF for transport permits for the transport of harvested timber, and reports on the transport permits used, which are entered in the SIRMA database. |
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Obtains an usufruct contract as a result of the land legalisation procedures that allows the user/occupant to carry out forest management activities. The requirements that must be met by private beneficiaries of the legalisation of national forest areas are laid down in the LFAPVS. Applies to the ICF for permission to reforest the estate or carry out other forestry/environmental activities. Applies for certification of the plantation and then applies for permission to harvest it. |
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In order to carry out forest management activities, applies to sign a forest management contract; and in order to harvest the forest area, applies to the ICF for approval of a forest management plan, a rescue plan or a recovery plan. |
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Hired by the forest owner when the latter does not directly harvest the timber with its own resources. Harvests, hauls, and transports the timber from the forest to primary forest product companies or timber yards and may also sell it. Files a return with the regional forestry office on the fact that it is registered, and lists the equipment and key personnel it has for harvesting and transportation operations. Is responsible for using the transport permit (authorised by the ICF) and waybill (authorised by the SAR). The beneficiary or holder of a harvesting licence who subcontracts a contractor is responsible for ensuring compliance with the applicable regulations. |
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Provides the goods transport service, in this case that of timber, whether it be roundwood from the site of harvesting to the forest product company or timber yard, or processed timber products from the forest product company to the final destination. In general, this service is hired by the forest owner, the contractor or the forest product company. In the case of broadleaved forests, on the date of entry into force of this Agreement, the carrier is involved from the time when the roughly squared wood that has come from the forest has been stockpiled outside it at a collection point, and vehicles are used to transport it from there to forestry companies or timber yards. Submits to the authorities the documents that prove the legality of the products transported (transport permit, invoice authorised by the SAR and waybill or invoice, as appropriate). |
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Draws up forest management plans, special plans for agroforestry systems, and related annual plans, rescue plans and recovery plans on behalf of the forest owner. (Has sole responsibility for administering the implementation of the annual operating plans of the forest management plans. For this purpose, submits to the ICF on behalf of the forest owner a memorandum of appointment and acceptance and becomes the administrator of the annual operating plan.) Is responsible for compliance with the technical standards governing any mode of harvesting that it administers. Is also responsible for submitting monthly progress reports on the transport permits used in the forest, giving detailed information about the timber extracted, supported by copies of the permits used. |
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Draws up forest management plans, special plans for agroforestry systems, and related annual plans, rescue plans and recovery plans. Is responsible for compliance with the technical standards governing any mode of harvesting that it administers. Is also responsible for submitting monthly progress reports on the transport permits used in the forest, giving detailed information about the timber extracted, supported by copies of the permits used. |
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Applies to the ICF for issuance of the FLEGT licence (for the Union) or the H-legal licence (for other destinations) depending on where the shipments are to be sent. Applies to the Customs Authority for export permits, including the commercial import invoice, the Single Customs Declaration (DUA) and other documents that prove the legality of the product being exported, regarding both public health restrictions and tariff and non-tariff regulations, including CITES certificates when applicable. |
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Applies to the customs authority for import permits, including the commercial import invoice, the DUA and other documents that prove the legality of the product being imported, regarding both public health restrictions and tariff and non-tariff regulations, including CITES certificates when applicable. Implements mechanisms of due diligence to verify the legality of the timber product being purchased. |
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Keeps an up-to-date record book of inputs and outputs and files monthly production reports with the ICF, with the authorised sales invoices attached. Asks for invoices to be issued and files monthly and annual sales returns with the SAR, with the relevant authorised sales invoices and waybills attached. Implements mechanisms of due diligence to verify the legality of the products being purchased. In the case of broadleaved forests, primary forest product companies do not exist at present since the timber is roughly squared before leaving the forest and is placed on the market via secondary forest product companies or timber yards. |
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Keeps an up-to-date record book of inputs and outputs and files monthly production reports with the ICF, with the authorised sales invoices attached. Asks for invoices to be issued and files monthly and annual sales returns with the SAR, with the relevant authorised sales invoices and waybills attached. Implements due diligence mechanisms to verify the legality of the products being purchased. |
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Keeps an up-to-date record book of inputs and outputs and files monthly production reports with the ICF, with the authorised sales invoices attached. Asks for invoices to be issued and files monthly and annual sales returns with the SAR, with the relevant authorised sales invoices and waybills attached. Implements due diligence mechanisms to verify the legality of the products being purchased. |
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Registers employees with the Honduran Institute of Social Security and complies with labour legislation. |
6. VERIFICATION OF COMPLIANCE WITH THE LEGALITY DEFINITION
6.1. Legality verification principles
6.1.1. Institutions involved in legality verification
No |
Description |
1. |
Forestry-sector operator: natural or legal person that carries out activities in the forest products supply chain. |
2. |
Application for means of verification (Annex II). |
3. |
Methodology for creation of the means of verification by each institution. Some means of verification are created only once and others are created periodically. |
4. |
Creation of physical and/or electronic means of verification (Annex II). |
5. |
Verification methodology. Upon identifying a case of non-compliance, each institution implements procedures to document, process, monitor and inform the database of the Legality Verification Unit. |
6. |
Corrective or punitive action relating to legal non-compliance resulting from an administrative or ex officio action (Annex V, Section 9). |
7. |
Compilation of joint legal compliance verification data by all institutions involved using the SIRMA, SNIF and ICF Geoportal and other tools of those institutions (Annex V, Sections 6 and 7). |
8. |
Application to the Legality Verification Unit for a legal compliance certificate attesting to the operator's legality (Annex V, Sections 6 and 7). |
9. |
Compilation of data held by the Legality Verification Unit in order to assess compliance with the Legality Matrices and control of the supply chain by the operator. If the conclusion is positive, the Legality Verification Unit issues a legal compliance certificate which proves to buyers in the domestic market that the operator has met the requirements of the LAS (Annex V, Sections 6 and 7). |
10. |
Application to the FLEGT Licensing Unit for a FLEGT or H-Legal licence attesting to the legality of the operator's activities so that the operator can export its products to any market (Annex IV). |
11. |
Decision by the FLEGT Licensing Unit on whether or not the operator is legally compliant. If the conclusion of the Verification Unit is favourable (i.e. the operator meets all the LAS requirements), either a FLEGT licence (Union market) or an H-Legal licence (other markets) is issued, proving to customers in the international market that the operator has met the requirements of the LAS. If the decision is unfavourable, the FLEGT Licensing Unit notifies the applicant (operator) (Annex IV). |
12. |
Drafting by the LAS's independent auditors of reports on their findings that include conclusions and recommendations to the JIC, which is responsible for publishing these audit reports on a regular basis (Annex VI). |
13. |
Drafting by civil society organisations of verification reports on harvesting licences and more generally on the forestry sector, which are made available to the JIC (Annex V, Section 4.4.2). |
6.1.2. Verification procedures based on the Legality Matrices
6.1.3. Storage of the means of verifying legality
6.1.4. Information systems and verification functionalities
6.1.5. Risk management principle in case of non-compliance with the LAS
6.1.6. Legality audit resulting in a legal compliance certificate
6.2. Obligation of operators with regard to legality verification
7. VERIFICATION OF THE TIMBER AND TIMBER PRODUCT SUPPLY CHAIN
7.1. Principles of supply-chain verification
7.2. Identification of timber products
7.3. Declaration of supply chain information by operators
7.4. Verification of imported timber products
7.5. Verification of timber products in transit
7.6. Verification of confiscated timber products
7.7. Verification of timber products sourced from land subject to a change in use
8. RECOGNITION OF PRIVATE CERTIFICATION
9. HANDLING OF CASES OF NON-COMPLIANCE WITH THE LAS
10. MECHANISMS FOR HANDLING COMPLAINTS
10.1. Introduction
10.2. Objectives
10.3. Types of complaint-handling mechanism
10.4. Establishment of the complaint-handling mechanisms and governing principles
11. CONSULTATION, PARTICIPATION AND COORDINATION MECHANISMS CONCERNING THE IMPLEMENTATION OF THE LAS
11.1. Joint Implementation Committee (JIC)
11.2. Technical Committee
11.3. Interinstitutional Secretariat for the Implementation of the FLEGT-VPA (SIIAVA)
11.4. National Strategy for the Control of Illegal Logging and Transport of Forest Products (ENCTI) and its links to this Agreement
12. INCENTIVE, PROMOTIONAL, SAFEGUARD AND MITIGATION MEASURES DESIGNED TO INVOLVE THE SECTOR'S VARIOUS ACTORS IN THE IMPLEMENTATION OF THE LAS
Appendix 1
Links in the supply chain (pine forest)
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The product is identified in the Single Customs Declaration (DUA) and in the product details on the import invoice. |
The importer, via the DUA and import invoice for each shipment. |
For each shipment, the import invoice and the DUA include:
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The Customs Authority systematically verifies the shipment's supporting documents and may physically check the goods against the documentation (DUA and invoice), according to the level of risk identified. |
Import of timber products is one of the first links in the supply chain and data cannot be compared with previous steps. |
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Observations:
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The product is identified in the Single Transit Declaration and in the product details on the invoice. |
The importer, via the Single Transit Declaration and invoice for each shipment. |
For each shipment, the invoice and the Single Transit Declaration include:
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The Customs Authority systematically verifies the shipment's supporting documents and may physically check the means of transport against the documentation (Single Transit Declaration and invoice), according to the level of risk identified. |
The Customs Authority reconciles the information on the Single Transit Declaration and recorded on entry with the information on the Single Transit Declaration at exit using the International Transit of Goods (TIM) IT tool. |
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Observations:
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(In the case of National Forest Areas assigned to community groups, the owner of the land is the State of Honduras and the holder of the management plan is the corresponding community group). |
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Forest inventory for each felling site included in the AOP. In the field, each tree to be felled is identified by painted marks on the foot and trunk. |
The holder of the forest management plan submits to the ICF the application for approval of the AOP, which contains the forest inventory. |
The AOP's forest inventory includes:
|
In the field inspection, the ICF performs:
|
The ICF reconciles the data of the AOP application with the data of the approved forest management plan's harvesting schedule. |
||||||||||||||||||||
Observations:
|
|||||||||||||||||||||||||
|
Forest inventory included in the AFP with details of the volume to extract by species. In the field each tree to be felled is identified by painted marks on the foot and trunk. |
The holder of the SPAS submits to the ICF the application for approval of the AFP, which contains the forest inventory. |
The AFP's forest inventory includes:
|
The ICF field inspection is compared against the AFP application to check:
|
The ICF reconciles the data included in the AFP application with the data included in the approved SPAS. |
||||||||||||||||||||
Observations: AFPs are drawn up for areas with a SPAS. |
|||||||||||||||||||||||||
|
Each tree to be felled is identified by painted marks on the foot and trunk. |
The applicant submits the forest inventory in the application for approval by the ICF of the rescue plan. |
The rescue plan's forest inventory includes for each tree:
|
The ICF field inspection is compared against the information in the rescue plan application to check:
|
The forest inventory is one of the first links in the supply chain and data cannot be compared with previous steps. |
||||||||||||||||||||
Observations:
|
|||||||||||||||||||||||||
|
Identification of remnants of trees included under a prior harvesting licence. |
The holder of a prior harvesting licence submits the recovery plan application to the ICF. |
The recovery plan's forest inventory includes:
|
The ICF field inspection is compared against the information in the recovery plan application to check:
|
The ICF reconciles the data of the recovery plan application with the data of the prior harvesting licence. |
||||||||||||||||||||
Observations:
|
|||||||||||||||||||||||||
|
Total inventory of trees to be felled in the certified plantation by species. Each tree to be felled is identified by painted marks on the foot and trunk. |
The holder of the forest plantation certificate submits the forest inventory in the harvesting application sent to the ICF. |
The forest inventory for the certified plantation includes:
|
The ICF field inspection is compared against the information in the certified plantation harvesting application to check:
|
The ICF reconciles the information in the application submitted with the information on the approved forest plantation certificate. |
||||||||||||||||||||
Observations:
|
|||||||||||||||||||||||||
|
Marking of the boundaries of the harvesting site and details of the trees to be felled in the harvesting application. |
The holder of the AOP, AFP, rescue plan, recovery plan or forest plantation certificate submits the harvesting application to the ICF. |
The harvesting application includes:
|
The ICF field inspection is compared against the information submitted in the harvesting application to check:
|
The ICF progressively reconciles the volume harvested with the volume authorised according to the transport permits reported using the reconciliation tools provided by the Timber Traceability IT System (SIRMA). |
||||||||||||||||||||
Observations:
|
|||||||||||||||||||||||||
|
The dimensions, number of pieces and volume per vehicle are detailed in the transport permit. |
The holder of the harvesting licence declares in the transport permit the information relating to the products to be transported. |
The following are declared in the transport permit:
|
During roadside checks, law enforcement agents verify that the contents of the load match the details on the transport permit. |
The ICF progressively reconciles the transport permits declared by the holder of the harvesting licence with the transport permits declared by the forest product companies and timber yards using the reconciliation tools provided by the SIRMA. |
||||||||||||||||||||
Observations:
|
|||||||||||||||||||||||||
|
The daily quantities are recorded by product type in the record of production volumes. |
The owner of the primary forest product company, via monthly production reports based on the record of production volumes. |
The monthly production report includes:
|
During the field inspection, the ICF checks the information in the forest product company's monthly production report against the information collected:
|
Via the SIRMA, the ICF reconciles the inputs of roundwood and timber products declared in the monthly report with the transport permits declared by the holders of the harvesting licences. |
||||||||||||||||||||
|
The waybill details the products to be transported per vehicle. |
The carrier, via the waybill per vehicle. |
The waybill per vehicle includes:
|
During roadside checks, law enforcement agents verify that the contents of the load match the details on the waybill per vehicle. |
The ICF progressively reconciles the waybills per vehicle declared by the seller with the waybills per vehicle declared by the buyer using the reconciliation tools provided by the SIRMA. |
||||||||||||||||||||
Observations:
|
|||||||||||||||||||||||||
|
Processing of timber products is entered in the record of production volumes. |
The owner of the secondary forest product company, via monthly production reports based on the record of production volumes. |
The monthly production report includes:
|
During field inspections, the information provided in the secondary forest product company's monthly production report is checked against the information collected by the ICF:
|
Via the SIRMA, the ICF reconciles the data of the forest product company's monthly production report with the data of the sellers' reports on submission of authorised invoices and waybills. When the timber products come directly from the forest, the ICF reconciles the data of the forest product company's monthly production report with the data of the transport permits declared by the licence holder. |
||||||||||||||||||||
Observations:
|
|||||||||||||||||||||||||
|
Movements of timber products are entered in the record of inputs and outputs. |
The owner of the timber yard, via monthly reports on inputs and outputs based on the record of inputs and outputs. |
The monthly report on inputs and outputs includes:
|
During field inspections, the ICF checks the information provided in the timber yard's monthly report on inputs and outputs against the information collected:
|
Via the SIRMA, the ICF reconciles the data of the monthly report on the timber yard's inputs and outputs with the data of the sellers' reports on submission of SAR-authorised invoices and waybills. When the timber products come directly from the forest, the ICF reconciles the data of the timber yard's monthly report on inputs and outputs with the data on transport permits declared by the holder of the harvesting licence. |
||||||||||||||||||||
Observations:
|
|||||||||||||||||||||||||
|
Declaration of the goods in the FLEGT and H-legal licence applications. |
The exporter submits the FLEGT or H-legal licence application and the legal compliance certificate to the ICF FLEGT Licensing Unit. |
The application document contains the details of the timber products to be exported:
|
The FLEGT Licensing Unit requests the Verification Unit to check in the SIRMA or other system that the operator and all the products included in the shipment comply with the requirements of the LAS. |
The ICF reconciles the information declared in the FLEGT and H-Legal licence applications:
|
||||||||||||||||||||
Observations:
|
|||||||||||||||||||||||||
|
The product is identified in the Single Customs Declaration (DUA) and in the product details on the SAR-authorised export invoice and BCH Export Declaration. |
The exporter, via the customs agent, submits the DUA, SAR-authorised export invoice and BCH Export Declaration for each shipment. |
For each shipment, the application file includes:
|
The Customs Authority systematically checks that the documents included in the export application are consistent with one another. |
The Customs Authority checks the authenticity of the document (FLEGT or H-legal licence) on the IT systems (SIRMA and TIM). |
||||||||||||||||||||
Observations:
|
|||||||||||||||||||||||||
|
Confiscation order issued by the Public Prosecutor's Office (MP), accompanied by the expert opinion providing details of the timber product. |
The ICF, with the support of the security forces (National Preventive Police and Honduran armed forces) confiscates the timber products. The MP, with technical assistance from the ICF, immediately prepares the preliminary evidence and issues the expert opinion. |
The expert opinion includes:
The confiscation order issued by the MP includes:
|
The ICF checks the timber product delivered against the expert opinion issued by the MP. |
The ICF reconciles the information declared in the confiscation order with the information submitted and other information related to the owner and origin, doing so using the reconciliation tools provided by the SIRMA. |
||||||||||||||||||||
Observations:
|
Appendix 2
Links in the supply chain (broadleaved forest)
|
|
|
|
||||||||||||||||||
|
|
|
|
||||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
(In the case of National Forest Areas assigned to community groups, the owner of the land is the State of Honduras and the holder of the forest management plan is the corresponding community group.) |
|||||||||||||||||||||
|
Forest inventory for each annual felling site, included in the AOP. In the field, each tree to be felled is numbered and identified by painted marks on the foot and trunk. |
The holder of the forest management plan submits to the ICF the application for approval of the AOP, which contains the forest inventory for 100 % of the trees to be extracted from each annual felling site. |
The AOP's forest inventory includes a volumes matrix that details the following for each tree:
|
In the field inspection, the ICF selects a sample of the trees marked in the field and checks them against the AOP application. For each tree identified, ICF checks the following:
|
The ICF reconciles the data of the AOP application with the data of the approved forest management plan's harvesting schedule. |
||||||||||||||||
Observations:
|
|||||||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
Observations:
|
|||||||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
Observations:
|
|||||||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
Observations:
|
|||||||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
Observations:
|
|||||||||||||||||||||
|
Marking of the boundaries of the harvesting site and details of the trees to be felled in the harvesting application. |
The holder of the AOP, AFP, rescue plan, recovery plan or forest plantation certificate submits the harvesting application to the ICF. |
The harvesting application includes:
|
The ICF compares information from field visits against the information submitted in the harvesting application:
|
The ICF progressively reconciles the volume harvested with the volume authorised according to the transport permits reported using the reconciliation tools provided by the Timber Traceability IT System (SIRMA). |
||||||||||||||||
Observations:
|
|||||||||||||||||||||
|
Some harvesting operators make use of locally available transport systems (e.g. manpower, river or animal) to move the sawn wood from the harvesting site to the temporary collection centres because of the lack of roads suitable for vehicles. |
A supplementary measure in Annex VIII provides for a special regulation governing transport (by river, mule, etc.) from the forest to the collection centre. |
|||||||||||||||||||
|
The timber transported is stored at a collection centre and the volume of each species is recorded. This is the information used when applying to the ICF for transport permits. |
A supplementary measure in Annex VIII provides for a special regulation governing storage at the collection centre. |
|||||||||||||||||||
|
Similar to link 5. |
Similar to link 5. |
Similar to link 5. |
Similar to link 5. |
Similar to link 5 |
||||||||||||||||
Observations:
|
|||||||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
Observations:
|
|||||||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
||||||||||||||||
|
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
Similar to pine forest. |
ANNEX VI
INDEPENDENT AUDIT
1. INTRODUCTION
2. OBJECTIVES
3. TASKS
4. METHODOLOGY: METHODS FOR GATHERING AND ASSESSING INFORMATION AND REPORTING
4.1. Work schedule
4.2. Scope of work
4.3. Evidence gathering
4.4. Evaluation
4.5. Audit systems
5. REPORTS AND DISSEMINATION
5.1. The independent audit body will draw up its reports in accordance with the format and protocol agreed with the JIC. It must:
5.2. Reports approved by the JIC will be considered public documents and must be published on the Parties' webpages.
6. SOURCES OF INFORMATION
6.1. Government of Honduras and bodies appointed by the Government
6.2. Civil society, local communities and Indigenous and Afro-descendant Peoples of Honduras
6.3. Other sources
7. QUALIFICATIONS REQUIRED
8. SELECTION PROCESS AND INSTITUTIONAL ARRANGEMENTS
9. OTHER RESPONSIBILITIES
9.1. Accessibility
9.2. Capacity-building and sustainability
ANNEX VII
CRITERIA FOR EVALUATING THE HONDURAN LEGALITY ASSURANCE SYSTEM FOR TIMBER PRODUCTS (LAS)
SECTION 1
DEFINITION OF LEGALITY
SECTION 2
SUPPLY-CHAIN CONTROLS
2.1. Harvesting rights
2.2. Systems for checking the supply chain
2.3. Quantities
2.4. Reconciliation
2.5. Mixing of legally verified timber with other authorised timber:
2.6. Imported timber products
SECTION 3
VERIFICATION
3.1. Organisation
3.2. Verification of legality
3.3. Legal Compliance Certificate
3.3.1. Organisation
3.3.2. Issuing of legal compliance certificates
3.4. Verification of systems for controlling the supply chain
3.5. Recognition of voluntary certification systems
3.6. Cases of non-compliance
3.7. Mechanisms for handling complaints
SECTION 4
FLEGT LICENCES
4.1. Organisation
4.2. Issuing of FLEGT licences
4.3. FLEGT consignment-based licences
4.4. Queries on issued FLEGT licences
SECTION 5
INSTRUCTIONS ON THE INDEPENDENT AUDITING OF THE LAS
5.1. Institutional arrangements
5.2. Organisation acting as the independent auditor of the LAS
ANNEX VIII
SUPPLEMENTARY AND SUPPORT MEASURES
INTRODUCTION
1. STEPPING UP COORDINATION BETWEEN PUBLIC INSTITUTIONS AND OTHER ACTORS LINKED TO THIS AGREEMENT
2. CAPACITY BUILDING
3. STRATEGIC ACTIONS
4. STUDIES
5. LEGAL INSTRUMENTS
6. FUNDING MECHANISMS FOR SUPPLEMENTARY AND SUPPORT MEASURES
No |
Priority |
Category |
Action/Activity |
Institution responsible |
1.1. |
High |
Strengthening coordination |
Conclude and implement interinstitutional cooperation agreements in the framework of this Agreement. |
ICF, SIIAVA |
1.2. |
High |
Strengthening coordination |
Make the relevant organisational adjustments in public institutions linked to this Agreement and provision in their budgets for the financing necessary to implement this Agreement. |
SEFIN, SIIAVA |
1.3. |
High |
Strengthening coordination |
Develop and implement strategies for interinstitutional coordination to ensure fulfilment of the indicators specified in the Legality Matrices and the LAS requirements coming under the responsibility of each institution. |
SIIAVA |
1.4. |
High |
Strengthening coordination |
Establish mechanisms for exchanging information between institutions involved in the LAS, prioritising the intercommunication of IT systems. |
SIIAVA |
1.5. |
High |
Strengthening coordination |
Implement the Action Plan for the National Strategy for the Control of Illegal Logging and Transport of Forest Products (ENCTI). |
ICF, FFAA, FEMA, PGR, PNP, FTIA, FUSINA |
1.6. |
High |
Strengthening coordination |
Create and implement a methodology for monitoring and evaluating progress in implementing this Agreement. |
ICF, SIIAVA |
1.7. |
High |
Strengthening coordination |
Create and implement a methodology for measuring the impact of this Agreement. |
ICF, SIIAVA |
1.8. |
High |
Strengthening coordination |
Implement a specific legalisation plan for national forest areas and territories of indigenous peoples. |
ICF, INA, IP, AMHON |
1.9. |
High |
Strengthening coordination |
Strengthen capacity for coordination with the judicial officers and with the law enforcement authorities on cases relating to the forestry sector. |
ICF, FEMA, PGR, Supreme Court |
1.10. |
High |
Strengthening coordination |
Coordinate the drafting of the legislation required for implementation of the LAS complaint procedures. |
ICF, SIIAVA |
1.11. |
High |
Strengthening coordination |
Strengthen and put on official footing public participation aimed at improving forest governance. |
ICF |
1.12. |
Medium |
Strengthening coordination |
Create and implement a public information management system. |
SIIAVA |
2.1. |
High |
Capacity-building |
Develop and implement a capacity-building programme for institutions involved in the implementation of this Agreement. |
ICF, SIIAVA, ESNACIFOR and other academic institutions |
2.2. |
Medium |
Capacity-building |
Develop and implement a capacity-building plan for operators in the forestry sector. |
ICF |
3.1. |
High |
Strategic action |
Streamline and simplify procedures for the activities of government institutions concerning the forest sector. |
ICF, SAR, SAG, IHSS, STSS |
3.2. |
High |
Strategic action |
Evaluate and update the procedures in institutions involved in the implementation of this Agreement for handling infringements and imposing penalties. |
SIIAVA |
3.3. |
High |
Strategic action |
Establish and implement a risk-based checking and verification procedure. |
ICF, MiAmbiente, PNP, MP |
3.4. |
High |
Strategic action |
Update, maintain and implement the National Timber Traceability IT System (SIRMA). |
ICF |
3.5. |
High |
Strategic action |
Create and implement new modules in the National Forestry Information System (SNIF). |
ICF |
3.6. |
Medium |
Strategic action |
Draw up and implement policies to decentralise and devolve administrative procedures relating to the forestry sector in government institutions. |
ICF, SAR, SAG, IHSS, STSS |
3.7. |
Medium |
Strategic action |
Create safeguards, in the implementation of this Agreement, for vulnerable groups. |
SIIAVA |
3.8. |
Medium |
Strategic action |
Develop and implement a phased strategy to reinforce legal compliance by micro-, small and medium-sized enterprises in the forestry sector. |
SIIAVA |
3.9. |
Medium |
Strategic action |
Design and implement a national system of land-use classification. |
IP, ICF, INA |
3.10. |
Medium |
Strategic action |
Update MiAmbiente's environmental categorisation table for the Environmental Licence Certificate for forestry companies and timber yards. |
ICF, MiAmbiente |
3.11. |
Medium |
Strategic action |
Establish a system in the Ministry of Employment and Social Security for recording and managing information on employment in the forestry sector. |
STSS |
3.12. |
Low |
Strategic action |
Design and implement an incentive-based strategy focusing on micro-, small and medium-sized enterprises in the forestry sector. |
ICF, SAR, SAG, IHSS, STSS |
3.13. |
Low |
Strategic action |
Design and implement a National Communication Strategy for this Agreement. |
ICF, SIIAVA |
3.14. |
Low |
Strategic action |
Agree on policies aimed at improving and harmonising the agricultural and forestry sectors. |
SDE, ICF, SAG, MiAmbiente, IHCAFE |
4.1. |
High |
Studies |
Analyse institutional technical and operational capacities for the implementation of this Agreement. |
SIIAVA |
4.2. |
High |
Studies |
Study the impact of this Agreement on the livelihoods of vulnerable groups, including the creation of a baseline. |
Secretariat for Social Inclusion (SEDIS) -DINAFROH, ICF |
4.3. |
High |
Studies |
Review the customs procedure related to the level of legality verification (imports and exports) in order to harmonise it with proceduresof this Agreement. |
DARA, SAR, ICF |
4.4. |
High |
Studies |
Carry out a baseline study on the level of compliance of forestry sector operators, including the environmental, social and economic aspects covered by the principles, criteria and indicators of this Agreement. |
ICF, SIIAVA |
4.5. |
Medium |
Studies |
Study performance in primary and secondary forest product companies as a basis for establishing controls in traceability systems. |
ICF, AMADHO, ESNACIFOR and other academic institutions |
4.6. |
Medium |
Studies |
Update the census of primary and secondary forest product companies and timber yards in order to implement control and verification mechanisms. |
ICF |
5.1. |
High |
Legal instruments |
Create and institutionalise the SIIAVA. |
SDE, ICF, IP, INA, DINAFROH, MiAmbiente, SAG, SAR, DARA, IAIP, Police, FFAA, PGR, IHSS, STSS, ESNACIFOR and other academic institutions |
5.2. |
High |
Legal instruments |
Create and implement a legal instrument for due diligence in the national timber product market. |
ICF, PGR, MP |
5.3. |
High |
Legal instruments |
Create and implement a legal instrument for due diligence in imports of timber products. |
ICF, DARA, BCH |
5.4. |
High |
Legal instruments |
Assess, update and implement the rules on control mechanisms for timber and timber products in transit and timber and timber products imported into the country. |
DARA, ICF, SAR |
5.5. |
High |
Legal instruments |
Create and implement a regulation to define the procedures for issuing legality certificates and FLEGT and H-Legal licences. |
ICF |
5.6. |
High |
Legal instruments |
Create and implement rules for the harvesting of scattered trees outside forests. |
ICF |
5.7. |
High |
Legal instruments |
Create and implement rules for tree harvesting under non-commercial licences. |
ICF |
5.8. |
High |
Legal instruments |
Develop and implement a regulation and other arrangements for implementing FPIC. |
STSS, DINAFROH, CONPAH, indigenous associations and other concerned organisations |
5.9. |
Medium |
Legal instruments |
Create and implement a regulation to lay down the procedures for categorising infringements or non-compliances by public officials. |
SIIAVA |
5.10. |
Medium |
Legal instruments |
Draft and implement guidelines on the treatment of infringements and the imposition of penalties on forestry sector operators. |
ICF, SIIAVA |
5.11. |
Medium |
Legal instruments |
Create and implement the regulatory framework for contractors' operations. |
ICF |
5.12. |
Medium |
Legal instruments |
Review, update and implement the guidelines and standards for better forest management. |
ICF |
5.13. |
Medium |
Legal instruments |
Update and implement the rules for certified forest plantations. |
ICF |
5.14. |
Low |
Legal instruments |
Create and implement instructions to check the compliance of the approved Annual Operating Plans with the the protection programme. |
ICF |
5.15. |
Low |
Legal instruments |
Create and implement an instrument defining the role of Municipal Environmental Units (UMAs) in issuing Environmental Licence Certificates in coordination with MiAmbiente and the AMHON. |
MiAmbiente, AMHON |
5.16. |
Low |
Legal instruments |
Assess, update and implement the rules for special plans for agroforestry systems (PESAs), taking into account surface areas greater than 100 hectares. |
ICF |
5.17. |
Low |
Legal instruments |
Develop and implement a mechanism for the ICF to recognise private forest certification schemes. |
ICF |