VOLUNTARY PARTNERSHIP AGREEMENT
between the European Union and the Republic of Indonesia on forest law enforcement, governance and trade in timber products into the European Union
Article 1
Objective
Article 2
Definitions
Article 3
FLEGT Licensing Scheme
Article 4
Licensing Authorities
Article 5
Competent Authorities
Article 6
FLEGT Licences
Article 7
Verification of Legally-Produced Timber
Article 8
Release of Shipments covered by a FLEGT Licence
Article 9
Irregularities
Article 10
Application of the Indonesian TLAS and Other Measures
Article 11
Stakeholder Involvement in the Implementation of the Agreement
Article 12
Social Safeguards
Article 13
Market Incentives
Article 14
Joint Implementation Committee
Article 15
Monitoring and Evaluation
Article 16
Supporting Measures
Article 17
Reporting and Public Disclosure of Information
Article 18
Communication on Implementation
For Indonesia: |
For the Union: |
The Director-General of Forest Utilisation, Ministry for Forestry |
The Head of Delegation of the European Union in Indonesia |
Article 19
Territorial Application
Article 20
Settlement of Disputes
Article 21
Suspension
Article 22
Amendments
Article 23
Entry into Force, Duration and Termination
Article 24
Annexes
Article 25
Authentic Texts
ANNEX I
PRODUCT COVERAGE
ANNEX IA
THE HARMONISED COMMODITY CODES FOR TIMBER AND TIMBER PRODUCTS COVERED UNDER THE FLEGT LICENSING SCHEME
HS Codes |
Description |
||
|
Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms. |
||
4401.21 |
|
||
4401.22 |
|
||
Ex.4404 |
|
||
Ex.4407 |
Wood sawn or chipped lengthwise, sliced or peeled, planed, sanded or end-jointed, of a thickness exceeding 6 mm. |
||
4408 |
Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for 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. |
||
|
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. |
||
4409.10 |
|
||
4409.29 |
|
||
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. |
||
4411 |
Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances. |
||
4412 |
Plywood, veneered panels and similar laminated wood |
||
4413 |
Densified wood, in blocks, plates, strips or profile shapes. |
||
4414 |
Wooden frames for paintings, photographs, mirrors or similar objects. |
||
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. |
||
4416 |
Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood, including staves. |
||
4417 |
Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood. |
||
4418 |
Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes. |
||
Ex.4421.90 |
|
HS Codes |
Description |
||
|
Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard: |
||
4701 |
|
||
4702 |
|
||
4703 |
|
||
4704 |
|
||
4705 |
|
HS Codes |
Description |
4802 |
Uncoated paper and paperboard, of a kind used for writing, printing or other graphic purposes, and non-perforated punch-cards and punch tape paper, in rolls or rectangular (including square) sheets, of any size, other than paper of heading 4801 or 4803 ; hand-made paper and paperboard: |
4803 |
Toilet or facial tissue stock, towel or napkin stock and similar paper of a kind used for household or sanitary purposes, cellulose wadding and webs of cellulose fibres, whether or not creped, crinkled, embossed, perforated, surface -coloured, surface-decorated or printed, in rolls or sheets. |
4804 |
Uncoated kraft paper and paperboard, in rolls or sheets, other than that of heading 4802 or 4803. |
4805 |
Other Uncoated paper and paperboard, in rolls or sheets, not further worked or processed than as specify in Note 3 to this chapter. |
4806 |
Vegetable parchment, greaseproof papers, tracing papers and glassine and other glazed transparent or translucent papers, in rolls or sheets. |
4807 |
Composite paper and paperboard (made by sticking flat layers of paper or paperboard together with an adhesive), not surface-coated or impregnated, whether or not internally reinforced, in rolls or sheets. |
4808 |
Paper and paperboard, corrugated (with or without glued flat surface sheets), creped, crinkled, embossed or perforated, in rolls or sheets, other than paper of the kind described in heading 4803. |
4809 |
Carbon paper, self-copy paper and other copying or transfer papers (including coated or impregnated paper for duplicator stencils or offset plates), whether or not printed, in rolls or sheets. |
4810 |
Paper and paperboard, coated on one or both sides with kaolin (China clay) or other inorganic substances, with or without binder, and with no other coating, whether or not surface-coloured, surface-decorated or printed, in rolls or rectangular (including square) sheets, of any size. |
4811 |
Paper, paperboard, cellulose wadding and webs of cellulose fibres, coated, impregnated, covered, surface-coloured, surface-decorated or printed, in rolls or rectangular (including square) sheets, of any size, other than goods of the kind described in heading 4803 , 4809 or 4810. |
4812 |
Filter blocks, slabs and plates, of paper pulp. |
4813 |
Cigarette paper, whether or not cut to size or in the form booklets or tubes. |
4814 |
Wallpaper and similar wall covering; window transparencies of paper. |
4816 |
Carbon paper, self-copy paper and other copying or transfer papers (other than those of heading 4809 ), duplicator stencils and offset plates, of paper, whether or not put up in boxes. |
4817 |
Envelopes, letter cards, plain postcards and correspondence cards, of paper or paper board; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationary. |
4818 |
Toilet paper and similar paper, cellulose wadding or webs of cellulose fibres, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchief, cleansing tissues, towels, tablecloths, serviettes, napkins for babies, tampons, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibres. |
4821 |
Paper or paperboard labels of all kinds, whether or not printed. |
4822 |
Bobbins, spools, cops and similar support of paper pulp, paper or paper board whether or not perforated or hardened. |
4823 |
Other paper, paperboard, cellulose wadding and webs cellulose fibres, cut to size or shape; other articles of paper pulp, paper, paperboard, cellulose wadding or webs of cellulose fibres. |
HS Codes |
Description |
||
|
Other seats, with wooden frames: |
||
9401.61. |
|
||
9401.69. |
|
||
|
Other furniture and parts thereof |
||
9403.30 |
|
||
9403.40 |
|
||
9403.50 |
|
||
9403.60 |
|
||
Ex. 9406.00. |
|
ANNEX IB
THE HARMONISED COMMODITY CODES FOR TIMBER PROHIBITED FROM EXPORT UNDER INDONESIAN LAW
HS Codes |
Description |
4403 |
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared: |
Ex. 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. |
4406 |
Railway or tramway sleepers (cross-ties) of wood. |
Ex. 4407 |
Wood sawn or chipped lengthwise, sliced or peeled, not planed, not sanded or not end-jointed, of a thickness exceeding 6 mm. |
ANNEX II
LEGALITY DEFINITION
Introduction
Permit type |
Description |
Land ownership / resource management or utilisation |
Applicable legality standard |
IUPHHK-HA/HPH |
Permit to utilise forest products from natural forests |
State owned/ company managed |
1 |
IUPHHK-HTI/HPHTI |
Permit to establish and manage industrial forest plantation |
State owned/ company managed |
1 |
IUPHHK-RE |
Permit for forest ecosystem restoration |
State owned/ company managed |
1 |
IUPHHK- HTR |
Permit for community forest plantations |
State owned/ community managed |
2 |
IUPHHK-HKM |
Permit for community forest management |
State owned/ community managed |
2 |
Private Land |
No permit required |
Privately owned/ privately utilised |
3 |
IPK/ILS |
Permit to utilise timber from non-forest zones |
State owned/ privately utilised |
4 |
IUIPHHK |
Permit for establishing and managing a primary processing company |
Not applicable |
5 |
IUI Lanjutan or IPKL |
Permit for establishing and managing a secondary processing company |
Not applicable |
5 |
ANNEX II - LEGALITY STANDARD 1: THE STANDARDS FOR CONCESSIONS WITHIN PRODUCTION FOREST ZONES
No |
Principles |
Criteria |
Indicators |
Verifiers |
Related Regulations(1) |
||||||
1. |
|
|
|
Forest concession right certificate |
Government Regulation PP72/2010 Regulation of the Minister for Forestry P50/2010 Regulation of the Minister for Forestry P12/2010 |
||||||
Proof of payment for the timber forest product utilisation permit. |
|||||||||||
2. |
|
|
|
The approved master plan & attachments, drawn up based on a comprehensive forest inventory conducted by technically competent staff. The approved annual work plan, drawn up based on the master plan Maps, drawn up by technically competent staff, which describe the layout and boundaries of the areas covered by the plan of work |
Regulation of the Minister for Forestry P62/2008 Regulation of the Minister for Forestry P56/2009 Regulation of the Minister for Forestry P60/2011 |
||||||
Map indicating logging exclusion zones within the Annual Work Plan and evidence of implementation on the ground. |
|||||||||||
Harvesting locations (blocks or compartments) on the map are clearly marked and verified on the ground. |
|||||||||||
|
|
Timber forest product utilisation master plan document & attachments (ongoing applications are acceptable). |
Regulation of the Minister for Forestry P62/2008 Regulation of the Minister for Forestry P56/2009 Regulation of the Minister for Forestry P60/2011 |
||||||||
The location and extractable volumes of natural forest logs within areas to be harvested correspond with the work plan. |
|||||||||||
|
Permit for equipment and equipment transfer |
Regulation of the Minister for Forestry P53/2009 |
|||||||||
3. |
|
|
|
Approved Timber Production Report documents |
Regulation of the Minister for Forestry P55/2006 |
||||||
|
Valid transport documents and attachments accompany logs from the log yard to primary forest products industry or registered log trader, including via intermediate log yards |
Regulation of the Minister for Forestry P55/2006 |
|||||||||
|
Timber administration marks/barcode (PUHH) on logs. |
Regulation of the Minister for Forestry P55/2006 |
|||||||||
Payment of the Reforestation Funds and/or Forest Resources Fee is consistent with log production and the applicable tariff. |
|||||||||||
|
|
Payment Orders for Reforestation Funds and/or Forest Resources Fee. |
Government Regulation PP22/1997 Government Regulation PP 51/1998 Regulation of the Minister for Forestry P18/2007 Regulation of the Minister for Trade 22/M-DAG/PER/4/2012 Government Regulation PP59/1998 |
||||||||
Proof of Deposit made for the Payment of Reforestation Fund and/or Forest Resources Fee and the Payment Slips. |
|||||||||||
Payment of the Reforestation Funds and/or Forest Resources Fee is consistent with log production and the applicable tariff. |
|||||||||||
|
|
PKAPT documents |
Regulation of the Minister for Industry and Trade 68/2003 Joint Regulation of the Minister for Forestry, Minister for Transportation, and Minister for Industry and Trade 22/2003 |
||||||||
|
Registration documents which show the identity of the vessel and valid permit. |
Regulation of the Minister for Industry and Trade 68/2003 Joint Regulation of the Minister for Forestry, Minister for Transportation, and Minister for Industry and Trade 22/2003 |
|||||||||
4. |
|
|
|
EIA documents |
Government Regulation PP27/1999 Regulation of the Minister for Forestry and Plantation 602/1998 |
||||||
|
Environmental management plan and environmental monitoring plan documents |
Government Regulation PP27/1999 |
|||||||||
Proof of implementation of the environmental management plan and monitoring of significant environmental and social impacts |
|||||||||||
5. |
|
|
|
Implementation of OSH procedures |
Regulation of the Minister for Manpower & Transmigration 01/1978 Regulation of the Minister for Forestry P12/2009 |
||||||
OSH equipment |
|||||||||||
Employment injury records |
|||||||||||
|
|
Workers belong to workers unions or company policies allow workers to establish or get involved in union activities |
Act 21/2000 Regulation of the Minister for Manpower & Transmigration 16/2001 |
||||||||
|
Collective labour agreement documents or company policy documents on labour rights |
Act 13/2003 Regulation of the Minister for Manpower & Transmigration 16/2011 |
|||||||||
|
There are no underage workers |
Act 13/2003 Act 23/2003 Act 20/2009 |
LEGALITY STANDARD 2: THE STANDARD FOR COMMUNITY PLANTATION FORESTS AND COMMUNITY FORESTS WITHIN PRODUCTION FOREST ZONES
No |
Principles |
Criteria |
Indicators |
Verifiers |
Related Regulations |
||||||
1. |
|
|
|
Forest concession right certificate |
Regulation of the Minister for Forestry P55/2011 Regulation of the Minister for Forestry P37/2007 Regulation of the Minister for Forestry P49/2008 Regulation of the Minister for Forestry P12/2010 |
||||||
Proof of payment for the timber forest product utilisation permit. |
|||||||||||
2. |
|
|
|
Approved annual work plan document. |
Regulation of the Minister for Forestry P62/2008 |
||||||
Map indicating logging exclusion zones in the annual work plan and evidence of implementation on the ground. |
|||||||||||
Harvesting block location are clearly marked and can be verified on the ground. |
|||||||||||
|
|
Timber Forest Product Utilisation Master Plan document and attachments (on-going applications are acceptable) |
Regulation of the Minister for Forestry P62/2008 |
||||||||
The location and extractable volumes of logs within the area to be established to timber estate are to correspond to the work plan. |
|||||||||||
|
Permits for equipment and equipment transfer. |
Regulation of the Minister for Forestry P53/2009. |
|||||||||
|
|
Approved Timber Production Report documents |
Regulation of the Minister for Forestry P55/2006 |
||||||||
|
Legal transport documents and relevant attachments from the Log Yard to the Intermediate Log Yard and from Intermediate Log Yard to primary industry and/or registered log trader. |
Regulation of the Minister for Forestry P55/2006 |
|||||||||
|
Timber administration marks/barcode (PUHH) on logs. |
Regulation of the Minister for Forestry P55/2006 |
|||||||||
Permit holder applies timber marking consistently. |
|||||||||||
|
Log Transport Document to which is attached a log list document. |
Regulation of the Minister for Forestry P55/2006 |
|||||||||
|
|
Payment Order for Forest Resources Fee |
Regulation of the Minister for Forestry P18/2007 Regulation of the Minister for Trade 22/M-DAG/PER/4/2012 |
||||||||
Proof of Payment of Forest Resources Fee |
|||||||||||
Payment of the Forest Resources Fee is consistent with log production and the applicable tariff. |
|||||||||||
3. |
|
|
|
EIA documents |
Regulation of the Minister for Forestry and Plantation 622/1999 |
||||||
|
Relevant environmental management and monitoring documents |
Government Regulation PP27/1999 |
|||||||||
Proof of implementation of environmental management and monitoring of significant environmental and social impacts |
LEGALITY STANDARD 3: THE STANDARD FOR PRIVATELY-OWNED FORESTS
No |
Principles |
Criteria |
Indicators |
Verifiers |
Related Regulations |
||||||
1. |
|
|
|
Valid land ownership or land tenure documents (land title documents recognized by competent authorities) |
Act 5/1960 Regulation of the Minister for Forestry P33/2010 Government Regulation PP12/1998 Regulation of the Minister for Trade 36/2007 Regulation of the Minister for Trade 37/2007 Act 6/1983 Act 13/2003 Act 23/2003 Act 20/2009 |
||||||
Land Cultivation Right. Deed of Establishment of the Company Business licence for companies engaging in trading business (SIUP) Company registration (TDP) Tax payer registration (NPWP) |
|||||||||||
Map of the area of private forest and boundaries delineated on the ground. |
|||||||||||
|
Certificate of Timber Origin or Log Transport Document |
Regulation of the Minister for Forestry P30/2012 |
|||||||||
Invoice/ sales receipt/ freight clearance. |
|||||||||||
|
Proof of payment of Reforestation Fund and/or Forest Resources Fee and compensation to the state for the value of stumpage cut. |
Regulation of the Minister for Forestry P18/2007 |
|||||||||
2. |
|
|
|
EIA documents |
Government Regulation PP27/1999 Regulation of the Minister for Forestry and Plantation 602/1998 |
||||||
3. |
|
|
|
Implementation of OSH procedures |
Regulation of the Minister for Manpower & Transmigration 01/1978 Regulation of the Minister for Forestry P12/2009 |
||||||
OSH equipment |
|||||||||||
Employment injury records |
|||||||||||
|
|
Workers belong to workers unions or company policies allow workers to establish or get involved in union activities |
Act 21/2000 Regulation of the Minister for Manpower & Transmigration 16/2001 |
||||||||
|
Collective labour agreement documents or company policy documents on labour rights |
Act 13/2003 Regulation of the Minister for Manpower & Transmigration 16/2011 |
|||||||||
|
There are no underage workers |
Act 13/2003 Act 23/2003 Act 20/2009 |
LEGALITY STANDARD 4: THE STANDARD FOR TIMBER UTILISATION RIGHTS WITHIN NON-FOREST ZONES
No |
Principles |
Criteria |
Indicators |
Verifiers |
Related Regulations |
||||||
1. |
|
|
|
ILS/IPK permits for harvesting operations in the lease area |
Regulation of the Minister for Forestry P18/2011 |
||||||
Maps attached to the ILS/IPK permits of the lease area and evidence of compliance on the ground. |
|||||||||||
|
|
Business permit and maps attached to the permit (this requirement applies to both IPK holders and business permit holders) |
Regulation of the Minister for Forestry P14/2011 Regulation of the Minister for Forestry P33/2010 |
||||||||
IPK in conversion areas |
|||||||||||
Maps attached to IPK |
|||||||||||
Documents authorising changes in the legal status of the forest (this requirement applies to both IPK permit holders and business permit holders) |
|||||||||||
|
|
HTHR permit |
Regulation of the Minister for Forestry P59/2011 |
||||||||
Maps attached to HTHR and evidence of compliance on the ground |
|||||||||||
2. |
|
|
|
IPK/ILS work plan documents |
Regulation of the Minister for Forestry P62/2008 Regulation of the Minister for Forestry P53/2009 |
||||||
Valid equipment permit |
|||||||||||
|
Forest inventory documents |
Regulation of the Minister for Forestry P62/2008 Regulation of the Minister for Forestry P55/2006 |
|||||||||
Timber Production Report documents (LHP) |
|||||||||||
|
|
Proof of payment of Reforestation Funds, Forest Resources Fee and compensation to the state for the value of stumpage cut. |
Regulation of the Minister for Forestry P18/2007 |
||||||||
|
Logs Transportation Invoice (FAKB) and log list for small diameter logs |
Regulation of the Minister for Forestry P55/2006 |
|||||||||
Log Legality Document (SKSKB) and log list for large diameter logs |
|||||||||||
3. |
|
|
|
Implementation of OSH procedures |
Regulation of the Minister for Manpower & Transmigration 01/1978 Regulation of the Minister for Forestry P12/2009 |
||||||
OSH equipment |
|||||||||||
Employment injury records |
|||||||||||
|
|
Workers belong to workers unions or company policies allow workers to establish or get involved in union activities |
Act 21/2000 Regulation of the Minister for Manpower & Transmigration 16/2001 |
||||||||
|
Collective labour agreement documents or company policy documents on labour rights |
Act 13/2003 Regulation of the Minister for Manpower & Transmigration 16/2011 |
|||||||||
|
There are no underage workers |
Act 13/2003 Act 23/2003 Act 20/2009 |
LEGALITY STANDARD 5: THE STANDARD FOR PRIMARY AND DOWNSTREAM FOREST-BASED INDUSTRY
Principles |
Criteria |
Indicators |
Verifiers |
Related Regulations |
||||||||||
|
|
|
The deed of establishment of the company and latest amendments to the deed (the Company's Establishment Deed) |
Regulation of the Minister for Law & Human Rights M.01-HT.10/2006 Regulation of the Minister for Trade 36/2007 Regulation of the Minister for Trade 37/2007 Act 6/1983 Government Regulation PP80/2007 Regulation of the Minister for Forestry P35/2008 Regulation of the Minister for Forestry P16/2007 Regulation of the Minister for Trade 39/2011 Regulation of the Minister for Industry 41/2008 Reg. of the Minister for Environment 13/2010 |
||||||||||
Permit to engage in trading business (Business Licence /SIUP) or trading permit, which may be Industrial Business Permit (IUI) or Permanent Business Permit (IUT) or Industrial Registration Certificate (TDI) |
||||||||||||||
Nuisance/ disturbance permit (permit issued to the company for affecting the environment around which it operates its business) |
||||||||||||||
Company Registration Certificate (TDP) |
||||||||||||||
Tax Payer Identification Number (NPWP) |
||||||||||||||
Availability of Environmental Impact Assessment documents |
||||||||||||||
Availability of Industrial Business Permit (IUI) or Permanent Business Permit (IUT) or Industrial Registration Certificate (TDI) |
||||||||||||||
Availability of Raw Materials Stock Planning (RPBBI) for Forest Products Primary Industry (IPHH). |
||||||||||||||
|
The exporters have the status of Registered Exporters of Forestry Industry Products (ETPIK). |
Regulation of the Minister for Trade P64/2012 |
||||||||||||
|
|
Deed of establishment |
Act 6/1983 |
|||||||||||
Tax Payer Registration (NPWP) |
||||||||||||||
|
Registration of the traders as Non-Producer Exporters of Forestry Industry Products (ETPIK Non Produsen). |
Regulation of the Minister for Trade P64/2012 |
||||||||||||
Agreement or contract of collaboration with a processing industry unit which has timber legality certificate (S-LK) |
||||||||||||||
|
|
|
Sales and purchase documents and or contract of supply of materials and or proof of purchase and equipped with forest products legality documents / letter of attestation of the legality of forest products |
Regulation of the Minister for Forestry P55/2006 Regulation of the Minister for Forestry P30/2012 Regulation of the Minister for Forestry P62/2008 Regulation of the Minister for Forestry P56/2009 |
||||||||||
Approved report on the transfer of timber and/or proof of transfer and or official report on the examination of timber; letter of attestation of the legality of forest products |
||||||||||||||
Imported timber is accompanied by Import Notification documents and information concerning the origin of the timber as well as documents certifying the legality of the timber and country of harvest |
||||||||||||||
Log transport documents |
||||||||||||||
Transport documents (SKAU/ Nota) with corresponding official reports from the officer of the local authority with respect to used timber from demolished buildings/ structures, unearthed timber and buried timber. |
||||||||||||||
Transport documents in the form of FAKO/ Nota for industrial waste wood |
||||||||||||||
Documents/ reports on changes in the stock of round logs (LMKB) /reports on changes in the stock of small-diameter round logs (LMKBK)/reports on changes in the stock of processed timber forest products (LMHHOK) |
||||||||||||||
Supporting documents, that is, Raw Materials Stock Planning (RPBBI), letter of decision officially certifying the annual work plan (SK RKT) |
||||||||||||||
|
Tally sheets on the use of raw materials and on production outputs. |
Regulation of the Minister for Forestry P55/2006 Regulation of the Minister for Industry 41/2008 Regulation of the Minister for Forestry P35//2008 |
||||||||||||
Output reports on the production of processed products. |
||||||||||||||
The production of the unit does not exceed the permitted production capacity. |
||||||||||||||
|
Contract of collaboration or service contract for product processing with another party |
Regulation of the Minister for Trade 37/M-DAG/PER/9/2007 Act 6/1983 Regulation of the Minister for Forestry P35/2008 Regulation of the Minister for Forestry P16/2007 Regulation of the Minister for Trade 39/M-DAG/PER/12/2011 Regulation of the Minister for Industry 41/M- IND/PER/6/2008 Regulation of the Minister for Forestry P55/2006 |
||||||||||||
The collaborating party has valid permits as set out under Principle 1 |
||||||||||||||
Segregation/ separation of produced products. |
||||||||||||||
Documentation of raw materials, processes, production and where applicable of exports if export is conducted through the business unit / another company with which collaboration agreement is entered into. |
||||||||||||||
|
|
|
PKAPT documents |
Regulation of the Minister for Industry and Trade 68/MPP/Kep/2/2003 Joint Regulation of the Minister for Forestry, Minister for Transportation, and Minister for Industry and Trade 22/2003 |
||||||||||
PKAPT report documents |
||||||||||||||
|
Documents showing identity of vessel. Registration documents which show the identity of the vessel and valid permit. |
Regulation of the Minister for Forestry P55/2006 Regulation of the Minister for Forestry P30/2012 Regulation of the Minister for Transportation KM71/2005 Joint Regulation of the Minister for Forestry, Minister for Transportation, and Minister for Industry and Trade 22/2003 |
||||||||||||
The identity of vessel agrees with that stated in the log or timber transport documents |
||||||||||||||
|
Log or timber transport documents |
Regulation of the Minister for Forestry P55/2006 Regulation of the Minister for Forestry P30/2012 Joint Regulation of the Minister for Forestry, Minister for Transportation, and Minister for Industry and Trade 22/2003 |
||||||||||||
Timber administration marks/barcode (PUHH) on logs. |
||||||||||||||
|
|
PEB |
Act 17/2006 (Customs) Regulation of the Minister for Finance 223/PMK.011/2008. Regulation of the Directorate General for Customs P-40/BC/2008 Regulation of the Directorate General for Customs P-06/BC/2009 Regulation of the Minister for Trade P64/2012 Presidential Decree 43/1978 Regulation of the Minister for Forestry 447/2003 |
|||||||||||
Packing list |
||||||||||||||
Invoice |
||||||||||||||
B/L (bill of lading) |
||||||||||||||
Export licence documents (V-Legal) |
||||||||||||||
Results of technical verification (Surveyor's Report) for products for which technical verification is mandatory |
||||||||||||||
Proof of payment of export duty, where applicable. |
||||||||||||||
Other relevant documents (including CITES permits) for types of wood whose trade is restricted |
||||||||||||||
|
|
|
Implementation of OSH procedures. |
Regulation of the Minister for Manpower & Transmigration 01/1978 Regulation of the Minister for Forestry P12/2009 |
||||||||||
OSH equipment such as lightweight fire extinguishers, personal protective equipment and evacuation routes |
||||||||||||||
Employment injury records |
||||||||||||||
|
|
Trade union or a company policy that allows employees/ workers to establish a trade union or get involved in trade union activities |
Regulation of the Minister for Manpower & Transmigration 16/2001 |
|||||||||||
|
Availability of collective labour agreement or company policy documents on labour rights |
Act 13/2013 Regulation of the Minister for Manpower & Transmigration 16/2011 |
||||||||||||
|
There are no underage workers |
Act 13/2003 Act 23/2003 Act 20/2009 |
ANNEX III
CONDITIONS FOR THE RELEASE FOR FREE CIRCULATION IN THE UNION OF INDONESIAN FLEGT-LICENSED TIMBER PRODUCTS
1. LODGING OF THE LICENCE
2. ACCEPTANCE OF THE LICENCE
3. VERIFICATION OF THE VALIDITY AND AUTHENTICITY OF THE LICENCE
4. VERIFICATION OF THE CONFORMITY OF THE LICENCE WITH THE SHIPMENT
5. OTHER MATTERS
6. EU CUSTOMS DECLARATION
7. RELEASE FOR FREE CIRCULATION
ANNEX IV
REQUIREMENTS AND TECHNICAL SPECIFICATIONS OF FLEGT LICENCES
1. GENERAL REQUIREMENTS OF FLEGT LICENCES
2. TECHNICAL SPECIFICATIONS WITH REGARD TO PAPER-BASED FLEGT LICENCES
3. COPIES OF FLEGT LICENCES
4. FLEGT LICENCE LOST, STOLEN OR DESTROYED
5. TECHNICAL SPECIFICATIONS WITH REGARD TO ELECTRONIC FLEGT LICENCES
Appendices
Appendix 1
LICENCE FORMAT
Appendix 2
NOTES FOR GUIDANCE
Heading A |
Destination |
Insert "European Union" if the licence covers a shipment destined for the European Union. |
Heading B |
FLEGT licence |
Insert "FLEGT" if the licence covers a shipment destined for the European Union. |
Box 1 |
Issuing authority |
Indicate the name, address, and registration number of the Licensing Authority. |
Box 2 |
Information for use by Indonesia |
Indicate the name and address of the importer, the total value (in USD) of the shipment, as well as the name and the two-letter ISO code of the country of destination and where applicable of the country of transit. |
Box 3 |
V-Legal/licence number |
Indicate the issuing number. |
Box 4 |
Date of expiry |
Period of validity of the licence. |
Box 5 |
Country of export |
This refers to the partner country from where the timber products were exported to the EU. |
Box 6 |
ISO code |
Indicate the two-letter ISO code for the partner country referred to in Box 5. |
Box 7 |
Means of transport |
Indicate the means of transport at the point of export. |
Box 8 |
Licensee |
Indicate the name and address of the exporter, including the registered exporter ETPIK and tax payer numbers. |
Box 9 |
Commercial Description |
Indicate the commercial description of the timber product(s). The description should be sufficiently detailed to allow for classification into the HS. |
Box 10 |
HS code |
For the "Original", "Copy for Customs at Destination" and "Copy for Importer" indicate the four-digit or six-digit commodity code established pursuant to the Harmonised Commodity Description and Coding System. For copies for use within Indonesia (copies (iv) to (vii) as set out in Article 3.1 of Annex IV) indicate the ten-digit commodity code in accordance with the Indonesia Customs Tariff Book. |
Box 11 |
Common and scientific names |
Indicate the common and scientific names of the species of timber used in the product. Where more than one species is included in a composite product, use a separate line. May be omitted for a composite product or component that contains multiple species whose identity has been lost (e.g. particle board). |
Box 12 |
Countries of harvest |
Indicate the countries where the species of timber referred to in Box 10 was harvested. Where a composite product include for all sources of wood used. May be omitted for a composite product or component that contains multiple species whose identity has been lost (e.g. particle board). |
Box 13 |
ISO codes |
Indicate the ISO code of the countries referred to in box 12. May be omitted for a composite product or component that contains multiple species whose identity has been lost (e.g. particle board). |
Box 14 |
Volume (m3) |
Indicate the overall volume in m3. May be omitted unless the information referred to in box 15 has been omitted. |
Box 15 |
Net weight (kg) |
Indicate the overall weight of the shipment at the time of measurement in kg. This is defined as the net mass of the timber products without immediate containers or any packaging, other than bearers, spacers, stickers etc. |
Box 16 |
Number of units |
Indicate the number of units, where a manufactured product is best quantified in this way. May be omitted. |
Box 17 |
Distinguishing marks |
Insert barcode and any distinguishing marks where appropriate e.g. lot number, bill of lading number. May be omitted. |
Box 18 |
Signature and stamp of issuing authority |
The box shall be signed by the authorised official and stamped with the official stamp of the Licensing Authority. The signatories' name, as well as place and date shall also be indicated. |
ANNEX V
INDONESIAN TIMBER LEGALITY ASSURANCE SYSTEM
1. INTRODUCTION
1.1. Indonesian laws and regulations as foundation of the TLAS
1.2. Development of the TLAS: a multi-stakeholder process
2. SCOPE OF THE TLAS
2.1. TLAS legality standards
3. CONTROL OF THE TIMBER SUPPLY CHAIN
4. INSTITUTIONAL SET-UP FOR LEGALITY VERIFICATION AND EXPORT LICENSING
4.1. Introduction
4.2. Conformity assessment bodies
4.3. Accreditation body
4.4. Auditees
4.5. Independent monitor
4.6. The Government
5. LEGALITY VERIFICATION
5.1. Introduction
5.2. Legality verification process
5.3. Government responsibility for enforcement
6. FLEGT LICENSING
7. MONITORING
Appendix
CONTROL OF THE SUPPLY CHAIN
1. DESCRIPTION OF THE OPERATIONAL CONTROL OF THE SUPPLY CHAIN FOR TIMBER FROM STATE-OWNED FORESTS
1.1. Felling Site
1.2. Log-Landing Site
1.3. Log-Yard
1.4. Intermediate Log-Yard
2. DESCRIPTION OF THE OPERATIONAL CONTROL OF SUPPLY CHAINS OF TIMBER FROM FOR PRIVATELY OWNED FOREST/LANDS
Felling/Log-Landing Site
3. DESCRIPTION OF THE OPERATIONAL CONTROL OF TIMBER SUPPLY CHAINS FOR INDUSTRY AND FOR EXPORT.
3.1. Primary/Integrated Industry
3.2. Secondary Industry
4. EXPORT
ANNEX VI
TERMS OF REFERENCE FOR PERIODIC EVALUATION
1. OBJECTIVE
2. SCOPE
3. OUTPUT
4. MAIN ACTIVITIES
5. EVALUATION METHODOLOGY
6. QUALIFICATIONS OF THE EVALUATOR
7. REPORTING
8. CONFIDENTIALITY
9. APPOINTMENT, PERIODICITY AND FINANCING
ANNEX VII
TERMS OF REFERENCE FOR INDEPENDENT MARKET MONITORING
1. OBJECTIVE OF INDEPENDENT MARKET MONITORING
2. SCOPE
3. OUTPUT
4. MAIN ACTIVITIES
5. MONITORING METHODOLOGY
6. QUALIFICATIONS OF THE INDEPENDENT MARKET MONITOR
7. REPORTING
8. CONFIDENTIALITY
9. APPOINTMENT, PERIODICITY AND FINANCING
ANNEX VIII
CRITERIA FOR ASSESSING THE OPERATIONALITY OF THE INDONESIAN TIMBER LEGALITY ASSURANCE SYSTEM
BACKGROUND
1. DEFINITION OF LEGALITY
2. CONTROL OF THE SUPPLY CHAIN
2.1. Rights of use
2.2. Methods for controlling the supply chain
2.4. Segregation of legally verified timber from timber of unknown sources
2.5. Imported timber products
3. VERIFICATION PROCEDURES
3.1. Organisation
3.2. Verification with respect to the definition of legality
3.3. Verification of systems for controlling the integrity of the supply chain
3.4. Mechanisms for handling complaints
3.5. Mechanisms for dealing with non-compliance
4. LICENSING OF EXPORTS
4.1. Organisational set-up
4.2. Issuing of V-Legal Documents and their use for FLEGT licensing
4.3. Queries on issued FLEGT licences
4.4. Mechanism for handling complaints
5. INDEPENDENT MONITORING
ANNEX IX
PUBLIC DISCLOSURE OF INFORMATION
1. INTRODUCTION
2. MECHANISMS TO ACCESS INFORMATION
3. CATEGORIES OF INFORMATION USED TO REINFORCE MONITORING AND EVALUATION OF THE FUNCTIONING OF THE TLAS
4. CATEGORIES OF INFORMATION USED TO REINFORCE LARGER VPA OBJECTIVES
5. IMPLEMENTATION OF PUBLIC DISCLOSURE PROVISIONS
Appendix
No |
Document to be made publicly available |
Agencies that hold the document |
Information Category |
|
TIMBER FROM FORESTS ON STATE-OWNED LANDS (IUPHHK-HA/HPH, IUPHHK-HTI/HPHTI, IUPHHK RE) and TIMBER FROM FORESTS ON STATE-OWNED LANDS MANAGED BY LOCAL COMMUNITIES (IUPHHK-HTR, IUPHHK-HKM) |
||||
1 |
Forest Concession Rights Permits (SK IUPHHK-HA/HPH, IUPHHK-HTI/HPHTI, IUPHHK RE) |
Ministry of Forestry (BUK); copies in district and provincial forestry offices |
3 |
|
2 |
Concession Maps |
Ministry of Forestry (BAPLAN); copies in district and provincial forestry offices |
3 |
|
3 |
Production Forest Timber Utilisation Permits (SK IUPHHK-HTR, IUPHHK-HKm) |
Ministry of Forestry (BUK); copies in district and provincial forestry offices |
3 |
|
4 |
Production Forest Timber Utilisation maps |
Ministry of Forestry (BAPLAN); copies in district and provincial forestry offices |
3 |
|
5 |
Forest Use Plan (TGHK) |
Ministry of Forestry (BAPLAN); copies in district and provincial forestry offices |
3 |
|
6 |
Forest Timber Exploitation Work Plan (RKUPHHK) and annexes including equipment permit |
Ministry of Forestry (BUK) |
3 |
|
7 |
IUPHHK Permit Fee Payment Order (SPP) and payment slip |
Ministry of Forestry (BUK) |
3 |
|
8 |
Annual Work Plan (RKT/Blue Print) including map |
Provincial forestry offices; copies in district forestry offices |
3 |
|
9 |
Cruising and production reports (LHP and LHC) documents |
District forestry offices; copies in provincial offices |
3 |
|
10 |
Transport Documents (skshh) |
District forestry office; copies in provincial forestry offices |
3 |
|
11 |
Log reconciliation report (LMKB) |
District forestry offices and local Ministry of Forestry unit (BP2HP) |
3 |
|
12 |
Payment Order and slip for production fee (SPP) (by logs/volume) |
District forestry offices |
3 |
|
13 |
Payment receipt of Forestry Resource Fee and Reforestation Fund fee (PSDH or DR for licence holders of natural forests or PSDH for licence holders of plantation forests) |
District forestry offices |
3 |
|
14 |
Environmental Impact Assessment (EIA) documents (AMDAL, ANDAL, RKL and RPL) |
Provincial or district environmental office (BAPEDALDA or BLH); copies in Ministry of Forestry (BUK) |
3 |
|
TIMBER FROM PRIVATE LAND |
||||
15 |
Valid land title document |
National or provincial/district land agency office (BPN) |
3 |
|
16 |
Land title/location maps |
National or provincial/district land agency office (BPN) |
3 |
|
17 |
Log transport SKAU or SKSKB document stamped with KR (Community Timber) |
Village head (SKAU); copies in district forestry offices (SKSKB-KR and SKAU) |
3 |
|
TIMBER FROM FOREST CONVERSION LAND (IPK) |
||||
18 |
Timber utilisation licences: ILS/IPK including equipment permit |
Provincial and district forestry offices |
3 |
|
19 |
Maps annexed to ILS/IPK |
Provincial and district forestry offices |
3 |
|
20 |
Forest area release permit |
Ministry of Forestry (BAPLAN) and Ministry of Forestry Provincial Unit (BPKH) |
3 |
|
21 |
Work plan IPK/ILS |
District forestry offices |
3 |
|
22 |
Stand inventory data in state-owned forest land to be converted (section in IPK/ILS work plan) |
District forestry offices |
3 |
|
23 |
Timber production document (LHP) |
District forestry offices |
3 |
|
24 |
DR and PSDH payment receipt (see no. 13) |
District forestry offices; copies in Ministry of Forestry (BUK) |
3 |
|
25 |
Transport documents FAKB and the annexes for KBK and SKSKB and the annexes for KB |
District forestry offices |
3 |
|
FOREST-BASED INDUSTRY |
||||
26 |
Company Establishment Deed |
Ministry of Law and Human Rights; for primary and integrated industry with capacity above 6 000 m3 copies in Ministry of Forestry (BUK), with capacity under 6 000 m3 copies in provincial and district forestry offices; for secondary industry copies in Ministry of Industry. |
3 |
|
27 |
Business Licence (SIUP) |
Local investment office or investment coordinating agency (BKPMD), Ministry of Trade. For secondary industry copies in Ministry of Industry. |
3 |
|
28 |
Company Registration Number (TDP) |
Local investment office or investment coordinating agency (BKPMD) and Ministry of Trade |
3 |
|
29 |
Environmental Impact Assessment (EIA) (UKL/UPL and SPPL) |
Provincial and district environmental offices (BAPEDALDA or BLH); copies in local trade office or investment coordinating agency (BKPMD) |
3 |
|
30 |
Industrial Business Licence (IUI) or Industrial Registration Number (TDI) |
Primary and integrated industry with capacity above 6 000 m3 copies in Ministry of Forestry (BUK), with capacity under 6 000 m3 copies in provincial forestry offices, with capacity under 2 000 m3 copies in district forestry offices; for secondary industry copies in Ministry of Industry. |
3 |
|
31 |
Industrial Raw Material Supply Plan (RPBBI) for Primary Forest Product Industries (IPHH) |
Primary and integrated industry with capacity above 6 000 m3 copies in Ministry of Forestry (BUK), with capacity under 6 000 m3 copies in provincial forestry offices, with capacity under 2 000 m3 copies in district forestry offices; copies in provincial and district forestry offices. |
3 |
|
32 |
Forest Industry Product Registered Exporter (ETPIK) |
Ministry of Trade |
3 |
|
33 |
Transport documents (SKSKB, FAKB, SKAU and/or FAKO) |
Village head (SKAU); copies in district forestry offices (SKSKB-KR, SKAU), copies of FAKO at provincial forestry offices |
3 |
|
34 |
Documents reporting changes in round log stocks (LMKB/LMKBK) |
District forestry offices |
3 |
|
35 |
Processed Product Report (LMOHHK) |
District forestry offices, copies to provincial forestry offices |
3 |
|
36 |
Inter-island timber trade document (PKAPT) |
Ministry of Trade (DG Domestic Trade) |
3 |
|
37 |
Document showing ship identity |
Local Port Administration Office (under Ministry of Transportation); copy in Indonesian Classification Bureau (BKI) |
3 |
|
OTHER RELEVANT INFORMATION |
||||
38 |
Laws and regulations: all laws, regulations, standards, and guidelines listed in the legality standards |
Ministry of Forestry, provincial or district forestry offices |
3 |
|
39 |
Verification and Licensing information: |
|
|
|
|
National Accreditation Body (KAN) |
1 |
||
|
National Accreditation Body (KAN) |
1 |
||
|
Conformity assessment bodies (LP and LV), Ministry of Forestry |
1 |
||
|
Conformity assessment bodies (LP and LV) |
1 |
||
|
Conformity assessment bodies (LP and LV) |
1 |
||
40 |
Status reports on audits: |
|
|
|
|
Conformity assessment bodies (LP and LV) |
1 |
||
|
Conformity assessment bodies (LP and LV) |
3 |
||
|
Conformity assessment bodies (LP and LV) |
1 |
||
41 |
Monitoring and complaint procedures: |
|
|
|
|
National Accreditation Body (KAN), conformity assessment bodies (LP and LV) |
1 |
||
|
Ministry of Forestry, Independent Monitor |
1 |
||
|
National Accreditation Body (KAN), conformity assessment bodies (LP and LV) |
3 |