COUNCIL DECISION

of 28 February 2011

on the conclusion of a Voluntary Partnership Agreement between the European Union and the Republic of Cameroon on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT)

(2011/201/EU)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(3) and the first subparagraph of Article 207(4), in conjunction with Article 218(6)(a)(v) and Article 218(7) thereof,

Having regard to the proposal from the European Commission,

Having regard to the consent of the European Parliament,

Whereas:

(1) In May 2003, the European Commission adopted a Communication to the European Parliament and to the Council entitled ‘Forest Law Enforcement, Governance and Trade (FLEGT): Proposal for an EU Action Plan’ which called for measures to address illegal logging through the adoption of voluntary partnership agreements with timber-producing countries. Council conclusions on that Action Plan were adopted in October 2003(1) and the European Parliament adopted a resolution on the subject on 11 July 2005(2).

(2) In accordance with Council Decision 2011/200/EU(3), the Voluntary Partnership Agreement between the European Union and the Republic of Cameroon on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) (hereinafter referred to as ‘the Agreement’) was signed on 27 September 2010, subject to its conclusion.

(3) The Agreement should be concluded,

HAS ADOPTED THIS DECISION:

Article 1

The Voluntary Partnership Agreement between the European Union and the Republic of Cameroon on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT) is hereby approved on behalf of the Union.

The text of the Agreement is attached to this Decision.

Article 2

The President of the Council is hereby authorised to designate the person empowered on behalf of the Union to make the notification provided for in Article 31 of the Agreement, in order to bind the Union.

Article 3

The Union shall be represented by representatives of the Commission in the Joint Implementation Council and the Joint Monitoring Committee set up in accordance with Article 19 of the Agreement.

The Member States may participate in the meetings of the Joint Implementation Council and the Joint Monitoring Committee as members of the Union delegation.

Article 4

For the purpose of amending the Annexes of the Agreement, on the basis of Article 29 thereof, the Commission is authorised, in accordance with the procedure laid down in Article 11(3) of Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community(4), to approve such amendments on the Union’s behalf.

Article 5

This Decision shall enter into force on the day of its adoption.

Done at Brussels, 28 February 2011.

For the Council

The President

FELLEGI T.

(1)  

OJ C 268, 7.11.2003, p. 1

.

(2)  

OJ C 157 E, 6.7.2006, p. 482

.

(3)  See page 1 of this Official Journal.

(4)  

OJ L 347, 30.12.2005, p. 1

.

6.4.2011   

EN

Official Journal of the European Union

L 92/3

VOLUNTARY PARTNERSHIP AGREEMENT

between the European Union and the Republic of Cameroon on forest law enforcement, governance and trade in timber and derived products to the European Union (FLEGT)

THE EUROPEAN UNION, hereinafter referred to as the ‘Union’

of the one part,

AND THE REPUBLIC OF CAMEROON, hereinafter referred to as ‘Cameroon’

of the other part,

hereinafter referred to together as the ‘Parties’,

HAVING REGARD TO the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000(1), revised in Luxembourg on 23 June 2005, hereinafter referred to as the ‘Cotonou Agreement’;

HAVING REGARD TO the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and in particular to the requirement that export permits issued by the Parties to CITES for specimens of species listed in Annex I, II or III be granted only under certain conditions, including that such specimens were not obtained in contravention of the laws of that State for the protection of fauna and flora;

HAVING REGARD TO the forest legislation in force in Cameroon, and in particular to the Forest Code and the other relevant legislation applicable to the forestry sector;

HAVING REGARD TO Council Regulation (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community(2);

CONSIDERING the Communication from the European Commission to the Council of the European Union and the European Parliament on an EU Action Plan for Forest Law Enforcement, Governance and Trade (FLEGT)(3) as a first step towards tackling the urgent issue of illegal logging and associated trade;

CONSIDERING the Ministers’ Yaoundé Declaration of 16 October 2003 on Forest Law Enforcement and Governance in Africa;

CONSIDERING the joint declaration of 28 September 2007 signed in Yaoundé between Cameroon and the European Commission on the negotiation of a voluntary partnership agreement under the FLEGT initiative;

CONSIDERING the Non-Legally Binding Authoritative Statement of Principles for a Global Consensus on the management, conservation and sustainable logging of all types of forests adopted on 14 August 1994, and the adoption on 31 January 2008 by the United Nations General Assembly of the Non Legally Binding Instrument on all types of forest(4),

CONSIDERING the principles set out in the Paris Declaration on Development Aid Effectiveness adopted by the High-Level Forum of the Organisation for Economic Co-Operation and Development (OECD) in Paris on 2 March 2005, reinforced by the Accra Agenda for Action of September 2008 and reaffirmed by the Parties,

CONSIDERING the importance attached by the Parties to development objectives agreed at international level and to the Millennium Development Goals of the United Nations,

AWARE of the importance of principles set out in the 1992 Rio Declaration on Environment and Development in the context of the safeguarding and sustainable management of forests, and in particular of Principle 10 concerning the importance of public awareness and participation in environmental issues and of Principle 22 concerning the vital role of indigenous people and other local communities in environmental management and development,

RESOLVED to seek to minimise any adverse impacts on indigenous and local communities and poor people which may arise as a direct consequence of implementing this Agreement,

REAFFIRMING the importance attached by the Parties to the principles and rules which govern the multilateral exchange systems, in particular the rights and obligations laid down in the General Agreement on Tariffs and Trade (GATT) 1994 and in the other multilateral agreements in Annex IA of the Marrakesh Agreement of 15 April 1994 establishing the World Trade Organisation, and the need to apply them,

CONSIDERING the constant efforts made by Cameroon to generally promote sustainable management of forests and wildlife throughout the entire national territory and in particular to ensure the legality of all timber flows,

CONSIDERING the importance attached by the Parties to the participation of civil society, the private sector and the resident local population, including indigenous peoples, in the success of forest governance policies, in particular through consultations and public information,

HEREBY AGREE AS FOLLOWS:

Article 1

Definitions

For the purposes of this agreement, the following definitions shall apply:

(a)   ‘Timber and derived products’: the products listed in Annex I-A;

(b)   ‘Timber and derived products in transit’: the timber and derived products originating from a third country, which come under customs control in the territory of Cameroon and leave it in the same form, whilst retaining their origin;

(c)   ‘Import into the European Union’: the release for free circulation of timber and derived products into the European Union within the meaning of Article 79 of Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(5) and which cannot be qualified as ‘goods of a non-commercial nature’ as defined in point 6 of Article 1 of Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(6);

(d)   ‘Release for free circulation’: a Union customs procedure which confers the customs status of Union goods on goods which are not from the Union (with reference to Regulation (EC) No 2913/92 establishing the Community Customs Code), entailing the collection of any import duties due; the collection, as appropriate, of other charges; the application of commercial policy measures, and prohibitions and restrictions; and the completion of other formalities laid down in respect of the importation of goods;

(e)   ‘Export’: the physical leaving or taking out of the territory of Cameroon timber and derived products produced or acquired in Cameroon, with the exception of timber and derived products in transit through the territory of Cameroon under the control of the customs authorities of Cameroon;

(f)   ‘HS code’: a four digit code as set out in the nomenclature of the Harmonised Commodity Description and Coding System established by the International Convention on the Harmonised Commodity Description and Coding System of the World Customs Organisation, in conformity with the combined nomenclatures of the European Union and the Economic and Monetary Community of Central Africa (CEMAC);

(g)   ‘FLEGT licence’: a certificate which refers to a shipment as being legally sourced and verified in accordance with the criteria laid down in the present Agreement;

(h)   ‘Licensing authority’: the authority designated by Cameroon to issue and validate FLEGT licences;

(i)   ‘Competent authorities’: the authorities designated by the Member States of the Union to verify FLEGT licences;

(j)   ‘Shipment’: a quantity of timber and derived products covered by a FLEGT licence that is sent by a consignor or a shipper from Cameroon and is presented for release for free circulation at a customs office in the Union;

(k)   ‘Timber produced or acquired legally’: timber originating or coming from one or more production or acquisition processes, including imported timber, which conforms entirely to all the criteria laid down in the laws and regulations in force in Cameroon and applicable to the forestry sector, and verified/controlled in accordance with the terms and conditions set out in Annex II.

Article 2

Objective

1.   The objective of this Agreement (hereinafter the ‘VPA’) is to provide a legal framework aimed at ensuring that all imports into the Union from Cameroon of timber and derived products covered by this Agreement have been legally produced or acquired.

2.   In this context, the Parties, agree, inter alia:

(a) to promote trade in timber and derived products;

(b) to establish a basis for dialogue and cooperation;

(c) to promote the development of the forest industries in Cameroon and to thereby improve the competitiveness of the sector;

(d) to create and encourage economic opportunities for resident local communities and local enterprises;

(e) to strengthen the capacities of actors in Cameroon by encouraging the creation of a favourable climate for investment in the sustainable management of forests.

Article 3

Scope

This Agreement applies to all timber and derived products that come under the FLEGT licence scheme and are listed in Annex I-A.

Article 4

FLEGT licensing scheme

1.   A Forest Law Enforcement, Governance and Trade Licensing Scheme (hereinafter referred to as the ‘FLEGT licensing scheme’) is hereby established between the Parties to this Agreement. It establishes a set of procedures and requirements aimed at verifying and attesting, by means of FLEGT licences, that timber and derived products shipped to the Union have been legally produced or acquired. The Union shall accept such shipments from Cameroon for import into the Union only if they are covered by those FLEGT licences.

2.   The FLEGT Licensing Scheme shall apply to the timber and derived products listed in Annex I-A. The timber and derived products in Annex I-B may not be exported from Cameroon.

3.   The Parties agree to take all measures necessary to implement this FLEGT licensing scheme.

Article 5

Licensing authority

1.   Cameroon shall designate its FLEGT licensing authority and notify the contact details of the licensing authority to the European Commission. Both Parties shall make this information available to the public.

2.   The licensing authority shall verify that timber and derived products have been legally produced in accordance with the legislation identified in Annex II. According to the terms set out in Annex III-A, it shall issue FLEGT licences covering shipments of timber and derived products that have been legally produced or acquired in Cameroon and are for export to the Union.

3.   The licensing authority may not issue FLEGT licences for any timber and derived products that are composed of, or include, timber and derived products imported into Cameroon from a third country in a form in which export is prohibited under the laws of the country concerned, or for which there is proof that this timber and these timber and derived products have been produced or acquired in violation of the laws of the country where the trees were harvested.

4.   The licensing authority shall document and make publicly available its procedures for issuing FLEGT licenses.

Article 6

Competent authorities of the Union

1.   The European Commission shall inform Cameroon of the contact details of the competent authorities designated by the Member States of the Union and their respective territorial areas of competence.

2.   The competent authorities shall verify that each shipment is the subject of a valid FLEGT licence prior to releasing that shipment for free circulation in the Union. The procedures governing the release for free circulation in the Union of shipments covered by a FLEGT licence are described in Annex IV.

3.   Each competent authority shall maintain and publish annually a record of FLEGT licences received.

4.   According to national legislation on data protection, the competent authorities shall grant persons or bodies designated by Cameroon as independent auditors access to the relevant documents and data.

5.   However, when timber and derived products from species listed in the Appendices of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and covered by a FLEGT licence enter the Union, they shall only undergo the examination laid down in Council Regulation (EC) No 338/97 of 9 December 1996 on the protection of species of wild fauna and flora by regulating trade therein(7), as the FLEGT licence also attests to the fact that the timber in question has been legally produced or acquired.

Article 7

FLEGT licences

1.   FLEGT licences shall be issued by the licensing authority as a means of attesting that timber and derived products have been legally produced or acquired.

2.   FLEGT licences shall be laid out on a bilingual form (English and French) and completed in English or French.

3.   The Parties may, by agreement, establish electronic systems for the issue, transmission and receipt of FLEGT licenses.

4.   FLEGT licences shall be issued in accordance with the procedures described in Annex V.

Article 8

Timber legally produced or acquired

1.   For the purposes of this Agreement, a definition of timber legally produced or acquired appears in Article 1(k) and in Annex II.

2.   Annex II also sets out the Cameroon legislation which must be complied with before a FLEGT licence may be issued. It includes ‘legality matrices’, with criteria, indicators and verifiers enabling compliance with the law in force to be established.

Article 9

Verifying the legality of the timber produced or acquired

1.   Cameroon shall establish a system for verifying that timber and derived products have been produced or acquired legally and that only shipments verified as such are exported to the Union. This system for verifying legality includes compliance checks in order to provide the assurance that the timber and derived products destined for export to the Union have been legally produced or acquired, and that FLEGT licences have not been issued for shipments of timber that have not been legally produced or acquired, or that are of unknown origin. The system shall also include procedures to ensure that timber of illegal or unknown origin does not enter the supply chain.

2.   The system for verifying the legality of timber and derived products is described in Annex III-A.

3.   Cameroon shall verify the legality of the timber and derived products exported to markets outside the Union and sold on the internal markets, and of imported timber and derived products.

Article 10

Consultation on the regularity of FLEGT licences

1.   In the event of the presumed irregularity of a FLEGT licence, the competent authority in question may ask the licensing authority for additional information.

2.   If the licensing authority fails to reply within 21 calendar days of the date of receipt of the request, or if the additional information received confirms the irregularity, or if the details appearing on the FLEGT licence do not correspond to the shipment, the competent authority in question will not accept the FLEGT licence and will decide how to proceed pursuant to the national legislation in force. The licensing authority must be informed.

3.   If, however, the additional information provided by the licensing authority shows the FLEGT licence to be in order, the FLEGT licence must be accepted and the procedures described in Annex IV must be followed.

Article 11

Independent auditor

1.   The Parties agree on the need to call on the services of an independent auditor at agreed intervals to check the performance and efficiency of the FLEGT licensing scheme as set out in Annex VI.

2.   Cameroon, in consultation with the Union, shall engage the services of this independent auditor.

3.   The independent auditor shall submit his observations to the Parties in reports in accordance with the procedure described in Annex VI.

4.   The Parties shall facilitate the work of the independent auditor, including by ensuring that the latter has access on the territory of each Party to the information necessary for the performance of his functions. However, a Party may, in accordance with its legislation on data protection, withhold any information that it is not allowed to disclose.

5.   Cameroon shall publish the report of the independent auditor in accordance with the procedures and mechanisms set out in Annexes VI and VII.

Article 12

Exchanges of information in relation to the functioning of the FLEGT scheme

1.   With the joint aim of protecting the integrity and reputation of the FLEGT licensing scheme put in place under this Agreement, the Parties undertake to inform one another immediately of any concerns they may have regarding potential cases of fraud associated with the use or issue of the FLEGT licences, including for timber and derived products comprising timber of suspect origin from third countries, of fraudulent or dishonest circumvention of the FLEGT licensing scheme.

2.   Exports of timber and derived products which have been verified as legal to timber-importing countries other than those of the Union with which Cameroon maintains commercial relations shall not constitute cases of circumvention within the meaning of this Article.

Article 13

Date of introduction of the FLEGT licensing scheme

1.   The Parties shall agree on a date from which the FLEGT licensing scheme shall be operational.

2.   The launch of the issue of FLEGT licences shall be preceded by a joint technical assessment, the objectives and criteria of which are set out in Annex VIII.

Article 14

Schedule for implementation of the Agreement

1.   The Parties hereby agree to the implementation schedule set out in Annex IX.

2.   The Joint Implementation Council, provided for in Article 19, working through the Joint Monitoring Committee, shall evaluate the progress of implementation in relation to the schedule set out in Annex IX.

Article 15

Supporting measures

1.   The Parties have identified the areas set out in Annex X as those in which there is a need for additional technical and financial resources in order to implement this Agreement.

2.   The provision of such additional resources shall be subject to the normal procedures of the Union and its Member States for programming aid to Cameroon and to the budgetary procedures of Cameroon itself.

3.   The Parties shall consider the need for a joint arrangement whereby the financing and technical contributions of the European Commission and the Member States of the Union are coordinated to support these processes under the Forest and Environment Sector Programme.

4.   Cameroon shall ensure that capacity building for the implementation of this Agreement is included in national planning instruments, the Forest and Environment Sector Programme and the poverty reduction strategies.

5.   The Parties shall ensure that activities associated with implementation of this Agreement are coordinated with the relevant development initiatives, such as:

(a) local development support;

(b) promotion of forestry sector industrialisation;

(c) capacity building.

6.   The provision of additional resources shall be subject to the procedures governing Union aid, as set out in the Cotonou Agreement, and to those governing the bilateral aid given to Cameroon by each of the Member States of the Union, respecting the principles laid down in the Paris Declaration on Development Aid Effectiveness in so far as the procedures of the donors concerned permit.. In this respect, the additional resources shall finance the activities referred to in paragraph 5, within the context and logic of the Forest and Environment Sector Programme

Article 16

Participation of the stakeholders in the implementation of the Agreement

1.   Cameroon shall regularly consult Cameroon stakeholders on the implementation of this Agreement, within a National Monitoring Committee or through other consultative platforms, taking into account its legislation on the forest and fauna scheme and all the laws and regulations in force governing access to information, public participation and access to justice on environmental matters.

2.   The arrangements for setting up a National Monitoring Committee and the respective roles of the various Cameroon stakeholders in the implementation of this Agreement are described, inter alia, in Annexes III-A, III-B and X.

3.   The Union shall hold regular consultations with the European stakeholders on the implementation of this Agreement, by virtue of the 1998 Aarhus Convention on access to information, public participation in the decision-making process and access to justice in environmental matters, and on the transposition of Union law.

Article 17

Social, economic and environment safeguards for local and indigenous communities

1.   In order to minimise any potential adverse effects of the FLEGT licensing scheme on the indigenous and local communities concerned, the Parties hereby agree to assess the impact of this Agreement on their way of life.

2.   The Parties shall monitor in particular the economic and environmental impact of this Agreement on those communities, taking reasonable and appropriate steps to mitigate any adverse effects.

Article 18

Market-related incentives

Access to the Union market, under this Agreement, for timber and derived products imported from Cameroon, shall be accompanied by promotional campaigns for the timber and derived products in question. Such campaigns shall include:

(a) the encouragement of public and private procurement policies that recognise efforts to ensure a supply of legally harvested forest produce, in particular timber and derived products;

(b) the promotion of FLEGT-licensed timber and derived products on the Union market;

(c) the promotion at international level of the legality assurance scheme set up under this Agreement.

Article 19

Institutional implementation apparatus

1.   After ratifying this Agreement, the Parties shall set up a decision-making structure designated the ‘Joint Implementation Council’, hereinafter referred to as ‘the Council’, and a consultative structure designated the ‘Joint Monitoring Committee’ (JMC).

2.   The Council shall be made up of two representatives, of whom each of the Parties shall designate one. The Parties shall delegate the Council to supervise implementation and shall take its decisions by consensus. Its decisions shall take the form of resolutions signed by the representatives of the Parties. The Council shall be responsible for implementing this Agreement. The Council shall also:

(a) meet on dates mutually agreed by the Parties;

(b) establish its own rules of procedure;

(c) publish an annual report, details of the content of which are described in Annex VII;

(d) ensure that the work of the JMC is transparent, and that the associated information and results are accessible to the public;

(e) establish dispute-settlement procedures and help find mutually satisfactory solutions to maintain the good functioning of this Agreement, in accordance with Article 24;

(f) examine the amendments to the provisions of this Agreement and adopt those relating to the Annexes, in accordance with Article 29.

3.   Under the authority of the Council, the JMC, whose members shall be appointed by the Parties, shall monitor and evaluate the implementation of this Agreement. It shall also facilitate dialogue and the exchange of information between the Parties. The JMC shall also:

(a) meet at least twice a year on the dates and at the locations determined by the Council, and make consensus-based recommendations for the Council;

(b) prepare the agenda for its work and terms of reference for joint actions;

(c) draw up its own rules of procedure, following their validation by the Council;

(d) preside over its meetings by a co-chair arrangement;

(e) be permitted to set up working groups or other subsidiary bodies for areas requiring specific expertise.

4.   The functions of the JMC are defined in Annex XI.

Article 20

Communication on implementation of the Agreement

1.   The representatives of the Parties responsible for official communications concerning implementation of this Agreement shall be:

(a) for Cameroon: the Minister responsible for forests;

(b) for the Union: the Head of the EU Delegation in Cameroon.

2.   The Parties shall communicate to one another in a timely manner the information necessary for implementing this Agreement.

Article 21

Published information

1.   Published information represents one of the basic elements designed to strengthen governance during application of this Agreement. In order to achieve this objective, which is intended to guarantee the transparent functioning of the FLEGT licensing scheme in Cameroon and in the Union, the Parties hereby agree to use the most appropriate communication mechanisms, namely: written and audiovisual media, Internet, workshops and various publications. Details of the published information are set out in Annex VII.

2.   The Parties also agree that the powers, procedures and functioning of the Council and the JMC are to be published.

Article 22

Confidential information

1.   Each Party undertakes, within the limits of its laws, not to disclose confidential information exchanged under this Agreement. Neither Party shall disclose to the public, nor permit its authorities involved in implementation of this Agreement to disclose, information exchanged under this Agreement that constitutes trade secrets or confidential commercial information.

2.   Subject to paragraph 1, the following information shall not be considered confidential:

(a) the number of FLEGT licences issued by Cameroon and received by the Union and the volume of timber and derived products exported from Cameroon and received by the Union;

(b) the names and addresses of FLEGT licence holders and of importers.

Article 23

Territorial application

This Agreement shall apply to the territory in which the Treaty on the Functioning of the Union is applied under the conditions laid down in that Treaty, on the one hand, and to the territory of Cameroon, on the other.

Article 24

Dispute-settlement

1.   The Parties will seek to resolve any dispute concerning the application or interpretation of this Agreement through early consultation.

2.   If a dispute cannot be settled through early consultation, the first requesting Party may forward details of the dispute to the Council, which will endeavour to propose arrangements for a settlement to the Parties. The Council shall be provided with all relevant information for an in-depth examination of the situation with a view to finding an acceptable solution. To this end, the Council may refer the file to the JMC. The JMC shall have a time limit set by the Council for submitting its proposed solution to the Council, which shall endeavour to examine every option for keeping this Agreement working properly.

3.   In the event that the Council should prove unable to settle the dispute, the Parties may:

(a) jointly seek the good offices of a third party, or request mediation by a third party;

(b) if it should prove impossible to settle the dispute according to paragraph 3(a), have recourse to arbitration.

4.   The Council shall determine the consultation, mediation and arbitration procedures, which must correspond with those agreed under the Economic Partnership Agreement or, in the interim period, under the Stepping Stone Agreement towards an Economic Partnership Agreement between the Union and its Member States, of the one part, and Central Africa (Cameroon), of the other part.

Article 25

Suspension

1.   Either Party may suspend the application of this Agreement. The decision on suspension and the reasons for that decision shall be notified to the other Party in writing.

2.   The provisions of this Agreement shall cease to apply 90 calendar days after such notice is given.

3.   Application of this Agreement will resume 30 calendar days after the Party that has suspended its application informs the other Party that the reasons for the suspension no longer apply.

Article 26

Annexes

The Annexes shall form an integral part of this Agreement.

Article 27

Duration and renewal

With effect from its entry into force, this Agreement shall remain in force for a period of 7 years, and shall be renewable by tacit agreement between the Parties for periods of the same length, unless one Party terminates this Agreement by notifying the other Party of its decision at least 12 months before expiry of the period under way.

Article 28

Denunciation of the Agreement

Notwithstanding Article 27, either Party may denounce this Agreement by notifying the other Party. This Agreement shall cease to apply 12 months after the date of such notification.

Article 29

Amendments

1.   Acting through its representative on the Council, a Party wishing to amend this Agreement must notify the other Party of its proposal at least 3 months before the next meeting of the JMC. The Council shall instruct the JMC to examine the proposal. If a consensus is reached, the latter shall prepare a recommendation, which it shall notify to the Council for its consideration. Each representative shall examine the recommendation, and if it approves it, shall inform the other, so that a date can be agreed for its signature, following which each Party shall adopt it according to its own internal procedures.

2.   Any amendment so approved by both Parties shall enter into force on the first day of the month following the date on which the Parties notify each other of the completion of the procedures necessary for this purpose.

3.   By way of derogation from paragraph 1 of this Article, and without prejudice to the examination by the JMC, amendments to the Annexes shall be adopted by the Council.

4.   Notification of any amendment shall be sent to the depositaries of this Agreement and shall enter into force at the time and in the form laid down in paragraph 2 of this Article.

Article 30

Authentic texts

This Agreement is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being authentic. In case of divergence, the French text shall prevail.

Article 31

Entry into force

1.   This Agreement shall enter into force on the first day of the month following the date on which the Parties notify each other in writing of the completion of the respective procedures necessary for this purpose.

2.   Notification shall be sent to the Secretary-General of the Council of the European Union and to Cameroon’s Minister for Foreign Affairs, who shall be the joint depositaries of this Agreement.

Съставено в Брюксел на шести октомври две хиляди и десета година.

Hecho en Bruselas, el seis de octubre de dos mil diez.

V Bruselu dne šestého října dva tisíce deset.

Udfærdiget i Bruxelles den sjette oktober to tusind og ti.

Geschehen zu Brüssel am sechsten Oktober zweitausendzehn.

Kahe tuhande kümnenda aasta oktoobrikuu kuuendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις έξι Οκτωβρίου δύο χιλιάδες δέκα.

Done at Brussels on the sixth day of October in the year two thousand and ten.

Fait à Bruxelles, le six octobre deux mille dix.

Fatto a Bruxelles, addì sei ottobre duemiladieci.

Briselē, divi tūkstoši desmitā gada sestajā oktobrī.

Priimta du tūkstančiai dešimtų metų spalio šeštą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-tizedik év október hatodik napján.

Magħmul fi Brussell, fis-sitt jum ta’ Ottubru tas-sena elfejn u għaxra.

Gedaan te Brussel, de zesde oktober tweeduizend tien.

Sporządzono w Brukseli dnia szóstego października roku dwa tysiące dziesiątego.

Feito em Bruxelas, em seis de Outubro de dois mil e dez.

Întocmit la Bruxelles la șase octombrie două mii zece.

V Bruseli dňa šiesteho októbra dvetisícdesať.

V Bruslju, dne šestega oktobra leta dva tisoč deset.

Tehty Brysselissä kuudentena päivänä lokakuuta vuonna kaksituhattakymmenen.

Som skedde i Bryssel den sjätte oktober tjugohundratio.

За Европейския съюз

Por la Unión Europea

Za Evropskou unii

For Den Europæiske Union

Für die Europäische Union

Euroopa Liidu nimel

Για την Ευρωπαϊκή Ένωση

For the European Union

Pour l’Union européenne

Per l’Unione europea

Eiropas Savienības vārdā –

Europos Sąjungos vardu

Az Európai Unió részéről

Għall-Unjoni Ewropea

Voor de Europese Unie

W imieniu Unii Europejskiej

Pela União Europeia

Pentru Uniunea Europeană

Za Európsku úniu

Za Evropsko unijo

Euroopan unionin puolesta

För Europeiska unionen

[Bild bitte in Originalquelle ansehen]

[Bild bitte in Originalquelle ansehen]

За Република Камерун

Por la República de Camerún

Za Kamerunskou republiku

For Republikken Cameroun

Für die Republik Kamerun

Kameruni Vabariigi nimel

Για τη Δημοκρατία του Καμερούν

For the Republic of Cameroon

Pour la République du Cameroun

Per la Repubblica del Camerun

Kamerūnas Republikas vārdā –

Kamerūno Respublikos vardu

A Kameruni Köztársaság részéről

Għar-Repubblika tal-Kamerun

Voor de Republiek Kameroen

W imieniu Republiki Kamerunu

Pela República dos Camarões

Pentru Republica Camerun

Za Kamerunskú republiku

Za Republiko Kamerun

Kamerunin tasavallan puolesta

För republiken Kamerun

(1)  

OJ L 317, 15.12.2000, p. 3

.

(2)  

OJ L 347, 30.12.2005, p. 1

.

(3)  COM(2003) 251 final, 21.5.2003.

(4)  A/RES 62/98 of 31 January 2008.

(5)  

OJ L 302, 19.10.1992, p. 1

.

(6)  

OJ L 253, 11.10.1993, p. 1

.

(7)  

OJ L 61, 3.3.1997, p. 1

.

LIST OF ANNEXES

ANNEX I-A

LIST OF PRODUCTS SUBJECT TO FLEGT LICENSING

The following products are subject to FLEGT licensing

By way of illustration, the products and species concerned are described in detail below, subject to the Cameroon Party to the Agreement adapting the CEMAC customs tariff to the code of the Harmonised System (HS) of the World Customs Organisation (WCO), which classes sawn sapelli and iroko under codes 4407 27 and 4407 28 respectively. The products and species may be modified as the market develops, without the need to amend the Agreement.

ANNEX I-B

LIST OF PRODUCTS PROHIBITED FROM EXPORT

ANNEX II

LEGALITY MATRICES

I.   

Definition of legality

The legality of timbers placed on the market is based on compliance with national laws and regulations and duly ratified international legal instruments, the application of which is necessary in order to guarantee the viability of forest management by the producing and/or exporting enterprise, its suppliers and subcontractors, in the name of the owners of the forest (the State, the local government district, a private owner or a community).

The definition of legality drawn up by consensus by all the stakeholders in this spirit may be summarised thus:

‘Any timber which has been verified/controlled as originating or coming from one or more production or acquisition processes that meet all of the statutory and regulatory provisions in force in Cameroon applicable to the forest sector shall be deemed to be legal timber.’

The definition of the legality of the commercial timbers is based on the knowledge and application of the laws and regulations in force in Cameroon, and on compliance with the international legal instruments duly ratified by Cameroon in the forest, commercial, environmental, social and human rights fields. The national laws and regulations under consideration include in particular:

— the Constitution of the Republic of Cameroon,

— Law No 81-13 governing forests, wildlife and fishing of 27 November 1981, not fully repealed, and its implementing texts (including implementing Decree No 83-169 of 12 April 1983, not repealed),

— the new forest law No 94-01 governing forests, wildlife and fishing of 20 January 1994, and its implementing texts (including PM Decree No 94-436 of 23 August 1994 (of which not all the provisions have been repealed), PM Decree No 95-531 of 1995 and other decisions and circulars in force),

— the framework law relating to environmental management, No 96/12 of 5 August 1996, and its implementing texts,

— Order No 222 MINEF(1) of 25 May 2001 laying down the procedures for implementing the DFP(2) forest management plans,

— Law No 2002/003 of 19 April 2002 setting out the General Tax Code,

— the legislation governing investment (Law No 2002/004 of 19 April 2002 relating to the investment charter, amended by Law No 2004/020 of 22 July 2004),

— Decree No 99/781/PM of 13 October 1999 laying down the application procedures for Article 71(1) of Forest Law No 94/01 of 20 January 1994 governing forests, wildlife and fishing,

— Decree No 2005/577 of 23 February 2005 on EIEs and Order No 0069 MINEP(3) of 8 March 2005 on the categories subject to EIEs(4),

— the various annual finance laws,

— the Employment Code, Law No 92-007 of 14 August 1992,

— the legislation governing social security(5),

— the phytosanitary regulations (MINADER(6)),

— the national collective bargaining agreement (April 2002) of the companies involved in logging and in the processing of forest products and associated activities (exercise of the right to form a union, staff representative, employment contract, working conditions and salaries, health and safety, etc.).

The international legal instruments referred to above include, inter alia:

— the Treaty on the Conservation and Sustainable Management of Forest Ecosystems of Central Africa and establishing the Central Africa Forests Commission – COMIFAC (February 2005),

— the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), signed on 3 March 1973 and amended on 22 June 1979,

— the Convention on Biological Diversity (CBD), signed in June 1992.

The application of the provisions of these international legal instruments shall follow their transposition into the national legislative texts.

Any amendment to these texts and any new legislation in this field will give rise to a subsequent amendment to this Annex.

The following elements were also taken into consideration when drafting this definition of legality:

— the various initiatives developed on the subject of legality (TFT-TTAP(7), REM(8), TRAFFIC(9), CoC(10), FSC(11) etc.),

— the PROFOREST proposal(12) of 6 September 2005 relating to traceability,

— the ‘FLEGT Briefing Notes’(13) published by the European Union,

— the reference tool FORCOMS (Forest Concession Monitoring System) relating to conformity to regulations, first version 2005, followed by consolidated version of February 2007 for Cameroon),

— the tools OLB-BVQI(14) and TLTS-SGS(15) of February 2006 relating to legality,

— the report ‘Definition of legal timber according to the texts and regulations in force in Cameroon’ (GTZ/PGDRN(16) – MINFOF(17)) of 15 February 2006,

— the report ‘Legality of VPA Timber in Cameroon (comparative approach of different systems)’, GTZ document of May 2006,

— the COMIFAC(18) report (WRI(19) -UICN(20) -IFIA(21)) on the FORCOMS project phase II of February 2007,

— the draft legal text by COMIFAC on forest control in Central Africa of October 2007,

— the PCI(22) OAB/OIBT(23) & audit manual/OIBI series No 14 – 2003.

II.   

The legality matrices

Based on the definition of legality, Cameroon has produced a set of legality matrices intended to be used to check conformity of the operation (against the legal provisions) of the forestry entities(24) active in Cameroon, as well as that of the products they produce. These matrices are the result of participatory and ongoing work incorporating the concerns of the various stakeholders.

The broad range of legality matrices stems from the fact that Cameroon forest legislation stipulates many timber supply methods, in relation to which the legality concerns differ. Each of the matrices has thus been designed to clearly highlight the specific legal requirements associated with each of the supply methods stipulated by the Cameroon legislation. Bearing in mind these specific features, eight legality matrices have already been produced for different timber supply sources: the permanent forest domain (DFP) is made up of land definitively allocated to forest, the non-permanent forest domain (DFNP) is made up of forest land which may be allocated to uses other than forest domain (agro-forest domain), and finally, the timber processing units (UTB).

In the permanent forest domain (DFP)

—   legality matrix 1 (LM1): logging agreement (CE),

—   legality matrix 2 (LM2): communal forest (FCle); State logging.

In the non-permanent forest domain (DFNP)

—   legality matrix 3 (LM3): salvage licence (ARB),

—   legality matrix 4 (LM4): harvested timber removal licence (AEB),

—   legality matrix 5 (LM5): cut timber sale (VC) in the national domain,

—   legality matrix 6 (LM6): community forest (FC); State logging,

—   legality matrix 7 (LM7): special permit (PS); ebony logging in the national domain and the communal forests.

In the timber processing units (UTB)

—   legality matrix 8 (LM8): timber processing units (UTB).

The table below summarises the various timber supply sources and the associated legality matrices.

In order to cover all the different means of access to the timber resource that are available under existing legislation and are listed below, other legality matrices will be produced during the system operationalisation phase, whenever they are found to be relevant.

These are:

— Legality matrix for private forests (FP),

— Legality matrix for lumber permits (PBO),

— Legality matrix for personal timber licences (APC),

— Legality matrices of communal forests (FCle) and community forests (FC), when logging other than State logging takes place (VC, PBO, APC).

The legality matrices are made up of criteria, indicators and verifiers, and are involved in the global Legality Assurance System (LAS), the functioning of which is described in detail in Annex III-A.

The criteria and indicators have been analysed and subsequently tested in the field for all the matrices, and only the criteria and indicators of relevance in each specific matrix have been retained.

III.   

Method of use

With the exception of the matrix relating to timber processing units, the legality matrices have been drawn up on the basis of five (5) common criteria, which deal respectively with the regularity:

— of the administrative and legal aspects (criteria 1),

— of the logging and forest management (criteria 2),

— of the transport (criteria 3),

— of the social aspects (criteria 4),

— of the environmental aspects (criteria 5).

Dependent on the matrices, these criteria are broken down into a variable number of indicators, which reflect the different legal obligations associated with these different timber supply sources.

The conformity of the indicators is assessed on the basis of the verifiers. For an indicator to ‘conform’, all the associated verifiers must first be deemed to conform.

The conformity of the verifier is based on the availability of the technical documents issued by the various administrations, which are stipulated in the regulatory texts and are, for the most part, available for consultation in the central database of the Ministry responsible for forests (second generation computer system administering forestry information – SIGIF II).

The issue of a ‘certificate of legality’, which represents one of the requirements for the issue of a FLEGT licence (see Annex III-A), is only possible provided all the indicators conform.

MATRIX 1:   LOGGING AGREEMENT

Criterion 1:   The logging/processing forestry entity is legally authorised

Indicator 1.1:   The forestry entity has legal personality, holds approval as a logger and is registered as a timber processor

References to legislation, regulations and rules

— Article 41 of Law 94/01 of 20 January 1994

— Articles 35(1), 36, 114 and 140(1), (2), (3), (4) and (5), of Decree 95-531

— Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious

— Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the establishments in question]

— Order No 013/MINEE/DMG/SL (Ministry of Energy and Water/Mines and Geology Division/SL of 19 April 1977 repealing and replacing Order No 154 of 28 March 1957 coding dangerous, unhealthy or obnoxious establishments

Verifiers

1.1.1

Certificate of domicile (natural person)

1.1.2

Commercial register maintained at the competent court office

1.1.3

Forestry approval granted by the competent authority

1.1.4

Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal

1.1.5

Authority to set up and operate a first class establishment from the Ministry responsible for the industry

1.1.6

Certificate of registration as a timber processor from the Ministry responsible for forests

Indicator 1.2:   The forestry entity holds a forestry concession and has a logging agreement concluded with the administration responsible for forests

References to legislation, regulations and rules

— Articles 46, 47(1), (2) and (3) and 50(1) of Law 94/01

— Articles 61, 75(1), 76(4), and 77 of Decree 95/531

— Articles 68, 69 and 70 of Decree 95/53

Verifiers

A -   Under a provisional or definitive logging agreement

1.2.1

Notice of public invitation to tender

1.2.2

Receipt for registration of a complete file relating to the award of the forestry concession

1.2.3

Notification of the results of the interministerial committee selecting the forestry entity as the best bidder, by the Minister responsible for forests

1.2.4

Proof of deposit of the surety with the Public Revenue Department within the prescribed deadlines

1.2.5

Provisional logging agreement signed by the Minister responsible for forests

1.2.6

Receipts/requests for transfer addressed to the Ministry responsible for forests by the concession holder and the applicant

1.2.7

Notification of transfer of the concession by the competent authority

1.2.8

Receipts for payment of the transfer tax stipulated by law

B –   Under a definitive logging agreement

1.2.9

Certificate of conformity with the clauses of the provisional logging agreement

1.2.10

Order approving the management plan issued by the Minister responsible for forests

1.2.11

Five-year management plan and operation plan for the current year

1.2.12

Terms and conditions signed by the competent authority and the forestry entity

1.2.13

Deed of classification

1.2.14

Authority to set up and operate a first class establishment from the Ministry responsible for the industry, or receipt of declaration (2nd class)

1.2.15

Certificate of registration as a timber processor from the Ministry responsible for forests

Indicator 1.3:   In the event that the logging/processing activity is subcontracted, the subcontracting forestry entity has documents confirming the regularity of the situation

References to legislation, regulations and rules

— Articles 41 and 42 of Law 94/01

— Articles 35(1), 36, 114 and 140(1), (2), (3), (4) and (5) of Decree 95-531

Verifiers

1.3.1

Subcontracting/partnership agreement

1.3.2

Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests

1.3.3

Receipt for registration of the agreement approved by the local authorities of the Ministry responsible for forests

1.3.4

Commercial register maintained at the competent court office

1.3.5

Forestry approval granted by the competent authority (logging)

1.3.6

Authority to set up and operate a first class establishment from the Ministry responsible for the industry (processing)

1.3.7

Certificate of registration as a timber processor from the Ministry responsible for forests (processing)

1.3.8

Extract from the registration of the logging hammer with the office of the competent court

Indicator 1.4:   The forestry entity has not been suspended or had its approval or right withdrawn by the administration

References to legislation, regulations and rules

— Articles 146, 150 and 152 of Law 94/01

— Chapter 3 of Law 94/01

— Articles 130, 131, 132, 135(2), 136 and 137 of Decree 95-531

Verifiers

1.4.1

Records/files of offences published by the competent administrations

1.4.2

Register of disputes of the competent local departments

1.4.3

Suspension decision of the Minister responsible for forests, substantiated and challenged, if applicable

Indicator 1.5:   The forestry entity has complied with its tax obligations under existing law

References to legislation, regulations and rules

— Articles 66 and 69 of Law 94/01

— Article 122 of Decree 95-531

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

1.5.1

Tax patent

1.5.2

Certificate of solvency/tax certificate of the competent tax office

Criterion 2:   The logging/processing forestry entity meets its obligations as regards logging and forest management

Indicator 2.1:   The forestry entity has competent and adequate professional resources, either internally or through the agency of a natural person or legal entity, to perform the management work

References to legislation, regulations and rules

— Articles 23, 40(3), 63 and 64 of Law 94/01

— Article 35 of Decree 95-531

Verifiers

2.1.1

Approval of the enterprise or its various subcontractors having been involved in certain management activities (inventories, forestry)

2.1.2

Service contracts with (an) approved structure(s) or a public body

Indicator 2.2:   The forestry entity holds a legal harvesting licence

References to legislation, regulations and rules

— Articles 44 and 46 of Law 94/01

— The standard model of the provisional and definitive agreement and the associated terms and conditions under sheets 2 and 3 (PROC)

— Article 17 of Law 96/12 of 5 August 1996 setting out a framework law on environmental management

— Article 20 of Decree 0577 of 23 February 2005

Verifiers

2.2.1

Letter of approval of the terms of reference for the audit/environmental impact study

2.2.2

Environmental conformity certificate

2.2.3

Annual harvesting site certificate (CAAC) or annual operating permit (PAO)

2.2.4

Notification of the start of activities

Indicator 2.3:   The forestry entity respects the existing logging rules in the areas awarded

References to legislation, regulations and rules

— Articles 51(1) and 73(1), (2) of Decree 95-531

— Articles 4(1), (2), (3), (4) and (6), 12(1) and (2) and 13(1) and (2) of Order No 222

— Sheets 6, 14 and 17 PROC

— Logging inventory rules

— Rules on activities in forest areas (NIMF)

Verifiers

2.3.1

Count certificate or certificate confirming respect of the logging rules

Indicator 2.4:   The forestry entity respects the timber quantities awarded to it (number of stems/volume) in accordance with the requirements of the certificate/annual permit

References to legislation, regulations and rules

— Articles 46(3), 72(1) and 125(2) and (3) of Decree 95-531

— Article 6 of Order No 222

— Rules on activities in forest areas (NIMF)

— Sheet 6 PROC

Verifiers

2.4.1

Worksite books (DF10) or SIGIF declaration

2.4.2

Count certificate

Indicator 2.5:   The forestry entity has complied with its tax and forestry tax obligations associated with its activity(ies)

References to legislation, regulations and rules

— Articles 66, 67 and 69 of Law 94

— Article 122 of Decree 95-531

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

2.5.1

Certificate of registration of the bank guarantee if required under the articles of association of the entity

2.5.2

Payment receipts (annual forestry charge [RFA], felling tax [TA], plant entry tax [TEU]), local development taxes or other forestry taxes if stipulated in the terms and conditions) for the current year and the year preceding the year of verification

Criterion 3:   The logging/processing forestry entity meets its obligations as regards timber transportation

Indicator 3.1:   The forestry entity ensures that the logs produced or purchased on the local market for processing in its installations are accompanied by all the necessary documents and the regulatory markings to certify their legal origins

References to legislation, regulations and rules

— Articles 115(1), (2) and (3), 127(1) and 128 of Decree 95-531

Verifiers

3.1.1

Secure waybills, signed by the competent authority

3.1.2

Certificate of legality of the supplier(s)

Indicator 3.2:   The forestry entity ensures that the logs imported for processing in its installations are accompanied by the necessary documents to certify their legal origins

References to legislation, regulations and rules

— Articles 127(1) and 128 of Decree 95-531

Verifiers

3.2.1

Import licences issued by the competent authorities responsible for forests and finance

3.2.2

International waybills stamped for the entire route

3.2.3

Certificates of origin and phytosanitary certificates from the exporting country

3.2.4

FLEGT licences from the country of origin, or any other private certificate of legality/sustainable management recognised by Cameroon (reference tool of the private certificate system incorporating the principal elements of the Cameroon legality matrices)

Indicator 3.3:   The forestry entity ensures that the timber and derived products from its installations are transported entirely legally and are accompanied by all the documents required in order to certify their legal origins

References to legislation, regulations and rules

— Articles 127(2) and (3) and 128 of Decree 95-531

Verifiers

3.3.1

Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the transportation of logs and cut timber by road

3.3.2

Special declaration on note stamped by the competent manager in the event of transportation by rail

3.3.3

Loading certificate of the competent customs department (transport in containers) together with the loading report of the forestry department and the place of loading

Criterion 4:   The logging/processing forestry entity meets its social obligations

Indicator 4.1:   The forestry entity meets its obligations in relation to employment law, social security law and the collective bargaining agreements of the timber industry

References to legislation, regulations and rules

— Articles 61(2) and 62(2) of Law No 92/007 of 14 August 1992 setting out the Employment Code

— Decree No 2008/2115 of 24 January 2008 revaluing the minimum guaranteed interprofessional salary (SMIG)

— Ordinance No 73-17 of 22 May 1973 organising social security

— Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of Ordinance No 73-17 of 22 May 1973 organising the National Social Security Fund

— Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit insurance

— Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit insurance, amended by Law No 84/007 of 4 July 1984

— Order No 039/MTPS/IMT of the Ministry of Labour and Social Security (MTPS) laying down the general provisions relating to health and safety at the workplace

— Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the election arrangements and conditions for exercise of the duties of staff representatives

— The national collective bargaining agreement (April 2002) of the companies involved in logging and in the processing of forest products and associated activities

— Order No 11/DEC/DT (Employment Division) of 25 May 1978 laying down the arrangements for the summoning and appearance of the Parties before the Employment Inspector for the settlement of employment disputes

— Practical directives from the International Labour Organization (ILO)

— Law 64/LF/23 of 13 November 1964 protecting public health

— Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious

— Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the establishments in question]

— Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest products and associated activities

Verifiers

4.1.1

Certificate of registration issued by the CNPS

4.1.2

Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the administrative district

4.1.3

Internal rules stamped by the employment inspector of the administrative district

4.1.4

Reports on the election of staff representatives

4.1.5

Agreement on visits and care with a general practitioner

4.1.6

Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise

4.1.7

Inspection reports of the Ministry of Health

4.1.8

Declaration of establishment sent to the employment inspector of the administrative district

Indicator 4.2:   The forestry entity respects the social obligations prescribed by the Forestry Code

References to legislation, regulations and rules

— Articles 36 and 61(1) and (3) of Law 94/01

— Article 85 of Decree No 95/531

— Articles 5 and 6 of Order No 222 laying down the procedures for the preparation and approval of PAs

— Article 14 of the model terms and conditions of the final agreement

— Decision 135/B/MINEF/CAB of 26 November 1999 laying down the forest classification procedures of the permanent forest domain

— Decision No 0108/D/MINEF/CAB of 9 February 1998 applying the Rules on activities in forest areas

— Chapter II of the Rules on activities in forest areas

Verifiers

4.2.1

Terms and conditions

4.2.2

Reports on the realisation of the social projects laid down in the terms and conditions

4.2.3

Minutes of the information meeting on logging under the forestry right, signed by the all the stakeholders

4.2.4

Land allocation map

4.2.5

Report on the socioeconomic studies

4.2.6

Minutes of the meeting reinstating the socioeconomic study

4.2.7

Record/file of offences/report

Criterion 5:   The logging/processing forestry entity meets its obligations in relation to the protection of biodiversity and the environment

Indicator 5.1:   The forestry entity has made the necessary arrangements to prohibit the involvement of its staff in poaching, commercial hunting and the transportation or trade in hunting equipment and means. It encourages, supports and/or initiates all campaigns seeking to ensure application of the regulations in relation to hunting and to the protection of the fauna on its sites

References to legislation, regulations and rules

— Articles 95 and 101(1) of Law 94/01

— Article 11(1) and (3) of Order No 222

— Decision No 0108/D/MINEF/CAB of 9 February 1998 applying the Rules on activities in forest areas

— Terms and conditions of the final agreement

— Chapter VI of the Rules on activities in forest areas (Articles 28, 29 and 30)

Verifiers

5.1.1

Internal rules

5.1.2

Memoranda giving details of the ban on poaching and transportation of bush meat

5.1.3

Memoranda publishing any penalties

5.1.4

Food supply plan

5.1.5

Record of offences

Indicator 5.2:   The forestry entity has complied with the environmental legislation and implements the identified mitigating measures

References to legislation, regulations and rules

— Article 18(1), (2) and (3) of Law 94/01

— Articles 3 and 4 of Order 0069/MINEP of 8 March 2005

— Decree 0577 of 23 February 2005

— Article 11(1) and (2) of Order No 222 of 25 May 2001

— Article 16 of the terms and conditions of the CDE (Enterprise Development Centre) defining the special observations on logging around the periphery of the protected areas (buffer strip) (UFA [Forest Management Unit])

— Decision No 0108/D/MINEF/CAB of 9 February 1998 applying the Rules on activities in forest areas

— Articles 17, 79 and 82 of Law 96/12 of 5 August 1996 setting out a framework law on environmental management

— Guide on environmental measures in relation to logging

Verifiers

5.2.1

Environmental inspection report

5.2.2

Certificate confirming respect of the environmental clauses

5.2.3

Record of environmental offences

MATRIX 2:   STATE LOGGING OF A COMMUNAL FOREST

Criterion 1:   The logging forestry entity is legally authorised

Indicator 1.1:   The forestry entity has legal personality and has a forest that has been classified on its behalf or that it has itself planted

References to legislation, regulations and rules

— Articles 30 and 35 of Law 94/01

— Article 17 of Decree 95-531

Verifiers

1.1.1

Instrument creating the local government district

1.1.2

Letter of approval of the management plan by the administration responsible for forests

1.1.3

Deed of classification of the communal forest

1.1.4

Property title in the case of a plantation

Indicator 1.2:   In the event that the logging activity is subcontracted, the subcontracting forestry entity has documents confirming the regularity of the situation

References to legislation, regulations and rules

— Articles 41 and 42 of Law 94/01

— Articles 35(1), 36 and 140(1), (2), (3), (4) and (5) of Decree 95-531

Verifiers

1.2.1

Subcontracting/partnership agreement

1.2.2

Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests

1.2.3

Commercial register maintained at the competent court office

1.2.4

Forestry approval granted by the competent authority (logging)

1.2.5

Extract from the registration of the logging hammer with the office of the competent court

Indicator 1.3:   The forestry entity has not been suspended by the forestry administration following acts contravening what is set out in the approved management plan

References to legislation, regulations and rules

— Article 32(1) and (2) of Law 94/01

— Article 80 of Decree 95-531

Verifiers

1.3.1

Record of violations published by the Ministry responsible for forests

1.3.2

Formal reminder duly notified following a report on any activity in contravention of the requirements of the management plan

1.3.3

Suspension decision of the Minister responsible for forests, if applicable

Indicator 1.4:   The forestry entity has complied with its tax obligations under existing law

References to legislation, regulations and rules

— Articles 66 and 69 of Law 94/01

— Article 122 of Decree 95-531

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

1.4.1

Certificate of solvency/tax certificate of the competent tax office

1.4.2

Evidence of payment (VAT, income tax)

Criterion 2:   The logging/processing forestry entity meets its obligations as regards logging and forest management

Indicator 2.1:   The forestry entity has competent and adequate professional resources, either internally or through the agency of a natural person or legal entity, to perform the management work

References to legislation, regulations and rules

— Articles 23, 40(3), 63 and 64 of Law 94/01

— Article 35 of Decree 95-531

Verifiers

2.1.1

Approval of the enterprise or its various subcontractors having been involved in certain management activities (inventories, forestry)

2.1.2

Service contracts with (an) approved structure(s) or a public body

Indicator 2.2:   The forestry entity holds a legal harvesting licence

References to legislation, regulations and rules

— Articles 44 and 46 of Law 94/01

— Article 17 of Law 96/12 of 5 August 1996 setting out a framework law on environmental management

— Article 20 of Decree 0577 of 23 February 2005

Verifiers

2.2.1

Letter of approval of the terms of reference for the audit/environmental impact study

2.2.2

Certificate of conformity of the environmental impact study/audit

2.2.3

Annual operating permit

2.2.4

Notification of the start of activities

Indicator 2.3:   The forestry entity respects the logging rules in the areas awarded

References to legislation, regulations and rules

— Articles 51(1), 73(1) and (2) of Decree 95-531

— Articles 4(1), (2), (3) and 4), 6, 12(1) and (2) and 13(1) and (2) of Order No 222

— Sheets 6, 14 and 17 of PROC

— Rules on activities in forest areas (NIMF)

— Logging inventory rule

Verifiers

2.3.1

Count certificate or certificate confirming respect of the Rules on activities in forest areas

Indicator 2.4:   The forestry entity respects the authorised timber quantities (number of stems/volume) in accordance with the requirements of the annual permit

References to legislation, regulations and rules

— Articles 46(3), 72(1) and 125(2) and (3) of Decree 95-531

— Article 6 of Order No 222

— Sheet 6 PROC

— Rules on activities in forest areas (NIMF)

Verifiers

2.4.1

Worksite books (DF10) or SIGIF declaration

2.4.2

Count certificate

Indicator 2.5:   The forestry entity has complied with its tax and forestry tax obligations associated with its activity(ies)

References to legislation, regulations and rules

— Articles 66, 67 and 69 of Law 94

— Article 122 of Decree 95-531

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

2.5.1

Evidence of payment of forestry taxes, if stipulated in the terms and conditions, for the current year and the year preceding the year of verification

Criterion 3:   The logging/processing forestry entity meets its obligations as regards timber transportation

Indicator 3.1:   The forestry entity ensures that the timber and derived products are accompanied by all the documents required in order to certify their legal origins

References to legislation, regulations and rules

— Articles 127(1) and 128 of Decree 95-531

Verifiers

3.1.1

Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the transportation of logs and cut timber by road

3.1.2

Special declaration on note stamped by the competent manager in the event of transportation by rail

3.1.3

Loading certificate of the competent customs department (transport in containers) together with the loading report of the forestry department

Criterion 4:   The logging/processing forestry entity meets its social obligations

Indicator 4.1:   The forestry entity meets its obligations in relation to employment law, social security law and the collective bargaining agreements of the timber industry

References to legislation, regulations and rules

— Articles 61(2) and 62(2) of Law No 92/007 of 14 August 1992 setting out the Employment Code

— Decree No 2008/2115/PM of 24 January 2008 revaluing the minimum guaranteed interprofessional salary (SMIG)

— Ordinance No 73-17 of 22 May 1973 organising social security

— Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of Ordinance No 73-17 of 22 May 1973 organising the National Social Security Fund

— Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit insurance

— Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit insurance, amended by Law No 84/007 of 4 July 1984

— Order No 039/MTPS/IMT of the Ministry of Labour and Social Security laying down the general provisions relating to health and safety at the workplace

— Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the election arrangements and conditions for exercise of the duties of staff representatives

— The national collective bargaining agreement (April 2002) of the companies involved in logging and in the processing of forest products and associated activities

— Order No 11/DEC/DT of 25 May 1978 laying down the arrangements for the summoning and appearance of the Parties before the Employment Inspector for the settlement of employment disputes

— Practical directives from the International Labour Organization (ILO)

— Law 64/LF/23 of 13 November 1964 protecting public health

— Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious

— Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the establishments in question]

— Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest products and associated activities

Verifiers

4.1.1

Certificate of registration issued by the CNPS

4.1.2

Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the administrative district

4.1.3

Internal rules stamped by the employment inspector of the administrative district

4.1.4

Reports on the election of staff representatives

4.1.5

Agreement on visits and care with a general practitioner

4.1.6

Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise

4.1.7

Inspection reports of the Ministry of Health

4.1.8

Declaration of establishment sent to the employment inspector of the administrative district

Indicator 4.2:   The forestry entity respects the provisions of its terms and conditions in relation to the local communities within its area(s) of work

References to legislation, regulations and rules

— Article 36 of Law 94

— Chapter II of the Rules on activities in forest areas, Articles 4 and 5

Verifiers

4.2.1

Terms and conditions

4.2.2

Reports on the realisation of the social projects laid down in the terms and conditions

4.2.3

Minutes of the information meeting on the forestry right, signed by the administration or the Prefect

Criterion 5:   The forestry entity meets its obligations in relation to the protection of biodiversity and the environment

Indicator 5.1:   The forestry entity has made the necessary arrangements to prohibit the involvement of its staff in poaching, commercial hunting and the transportation or trade in hunting equipment and means. It encourages, supports and/or initiates all campaigns seeking to ensure application of the regulations in relation to hunting and to the protection of the fauna on its sites

References to legislation, regulations and rules

— Article 11(1) and (3) of Order No 222

— Chapter VI of the Rules on activities in forest areas, Articles 28, 29 and 30

Verifiers

5.1.1

Internal rules

5.1.2

Memoranda giving details of the ban on poaching and transportation of bush meat

5.1.3

Memoranda publishing any penalties

5.1.4

Record of offences

5.1.5

Food supply plan

Indicator 5.2:   The forestry entity has complied with the legislation relating to the studies of environmental impact, and implements or arranges for implementation of the identified mitigating measures

References to legislation, regulations and rules

— Decree 0577 of 23 February 2005

— Article 11(1) and (2) of Order No 222 of 25 May 2001

— Articles 3 and 4 of Order 0069/MINEP of 8 March 2005

— Article 16 of the terms and conditions of the Centre for Enterprise Development

— Rules on activities in forest areas (in general)

— Article 17, 79, 82 of Law 96/12 of 5.8.1996 setting out a framework law on environmental management

— Guide on environmental measures in relation to logging

Verifiers

5.2.1

Environmental inspection report

5.2.2

Certificate confirming respect of the environmental clauses

5.2.3

Record of environmental offences

MATRIX 3:   AUTHORISATION TO RECOVER STANDING TREES (ARB)

Criterion 1:   The logging forestry entity is legally authorised

Indicator 1.1:   The forestry entity has legal personality and is approved as a logger

References to legislation, regulations and rules

— Articles 41 and 42 of Law 94/01

— Articles 35(1) and 36 of Decree 95-531

Verifiers

1.1.1

Certificate of domicile (natural person)

1.1.2

Commercial register maintained at the competent court office (legal entity)

1.1.3

Forestry approval granted by the competent authority

1.1.4

Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal

Indicator 1.2:   The forestry entity holds a salvage licence issued by the administration responsible for forests, in accordance with the law

References to legislation, regulations and rules

— Article 73 of Law 94/01

— Article 110(1) and (2) of Decree 95/531

— Circular No 0354/LC/MINFOF/SG/DF/SDAFF/SN

Verifiers

1.2.1

Project document

1.2.2

Environmental conformity certificate issued to the project promoter by the Minister responsible for the environment

1.2.3

Letter from the competent Minister stating the need to salvage the timber before the project is implemented

1.2.4

Results of the inventory of the timber concerned

1.2.5

Notice of public invitation to tender

1.2.6

Document from the interministerial committee selecting the forestry entity as the best bidder

1.2.7

Receipts for payment of the sales price

1.2.8

Salvage licence issued by the competent manager of the forestry administration

1.2.9

Notification of the start of the work

Indicator 1.3:   In the event that the salvage work is subcontracted, the subcontracting forestry entity has documents confirming the regularity of the situation

References to legislation, regulations and rules

— Articles 41 and 42 of Law 94/01

— Articles 35(1), 36 and 140(1), (2), (3), (4) and (5) of Decree 95-531

Verifiers

1.3.1

Subcontracting/partnership agreement

1.3.2

Receipt for registration of the agreement approved by the local authorities of the Ministry responsible for forests

1.3.3

Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests

1.3.4

Commercial register maintained at the competent court office

1.3.5

Forestry approval granted by the competent authority (logging)

1.3.6

Extract from the registration of the logging hammer with the office of the competent court

Indicator 1.4:   The forestry entity has not been suspended or had its approval or right withdrawn by the administration

References to legislation, regulations and rules

— Articles 130, 131, 132 and 146 of Decree 95-531

Verifiers

1.4.1

Records/files of offences published by the competent administrations

1.4.2

Register of disputes of the competent local departments

1.4.3

Suspension decision of the Minister responsible for forests, substantiated and challenged, if applicable

Indicator 1.5:   The forestry entity has complied with its tax obligations under existing law

References to legislation, regulations and rules

— Article 122 of Decree 95-531

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

1.5.1

Tax patent

1.5.2

Certificate of solvency/tax certificate of the competent tax office

Criterion 2:   The logging forestry entity meets its logging obligations

Indicator 2.1:   The forestry entity respects the location of the project

References to legislation, regulations and rules

— Articles 4(1), (2), (3) and (4), 6, 12(1) and (2) and 13(1) and (2) of Order No 222

— Sheets 6, 14 and 17 of PROC

— Rules on activities in forest areas (NIMF)

Verifiers

2.1.1

Project documents identifying the precise location of the project approved by the competent managers of the supervising Ministry (agriculture, public works)

2.1.2

Count certificate or inspection report

Indicator 2.2:   The forestry entity respects the authorised timber quantities (number of stems/estimated volume) in accordance with the requirements of the licence

References to legislation, regulations and rules

— Article 6 of Order No 222

Verifiers

2.2.1

Count certificate or inspection reports from the forestry administration

Indicator 2.3:   The forestry entity has complied with its tax and forestry tax obligations associated with its activity(ies)

References to legislation, regulations and rules

— Article 73(2) of Law 94/01

— Articles 122 and 110(1) of Decree 95-531

— Finance Law 2002/003 and subsequent revisions

Verifiers

2.3.1

Evidence of payment of the sales price (tender price + 13 %)

2.3.2

Evidence of payment of all other taxes stipulated in the terms and conditions

Criterion 3:   The logging forestry entity meets its obligations as regards timber transportation

Indicator 3.1:   The forestry entity ensures that the salvaged timber is transported entirely legally and is accompanied by all the documents required in order to certify its legal origins

References to legislation, regulations and rules

— Articles 127(1) and 128 of Decree 95-531

Verifiers

3.1.1

Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the transportation of logs and cut timber by road

3.1.2

Special declaration on note stamped by the competent manager in the event of transportation by rail

3.1.3

Loading certificate of the competent customs department (transport in containers) together with the loading report of the forestry departments and the place of loading

Criterion 4:   The logging forestry entity meets its social obligations

Indicator 4.1:   The forestry entity meets its obligations in relation to employment law, social security law and the collective bargaining agreements of the timber industry

References to legislation, regulations and rules

— Articles 61(2) and 62(2) of Law No 92/007 of 14 August 1992 setting out the Employment Code

— Decree No 2008/2115/PM of 24 January 2008 revaluing the minimum guaranteed interprofessional salary (SMIG)

— Ordinance No 73-17 of 22 May 1973 organising social security

— Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of Ordinance No 73-17 of 22 May 1973 organising the National Social Security Fund

— Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit insurance

— Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit insurance, amended by Law No 84/007 of 4 July 1984

— Order No 039/MTPS/IMT of the Ministry of Labour and Social Security laying down the general provisions relating to health and safety at the workplace

— Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the election arrangements and conditions for exercise of the duties of staff representatives

— The national collective bargaining agreement (April 2002) of the companies involved in logging and in the processing of forest products and associated activities

— Order No 11/DEC/DT of 25 May 1978 laying down the arrangements for the summoning and appearance of the Parties before the Employment Inspector for the settlement of employment disputes

— Practical directives from the International Labour Organization (ILO)

— Law 64/LF/23 of 13 November 1964 protecting public health

— Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious

— Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the establishments in question]

— Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest products and associated activities

Verifiers

4.1.1

Certificate of registration issued by the CNPS

4.1.2

Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the administrative district

4.1.3

Internal rules stamped by the employment inspector of the administrative district

4.1.4

Reports on the election of staff representatives

4.1.5

Agreement on visits and care with a general practitioner

4.1.6

Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise

4.1.7

Inspection reports of the Ministry of Health

4.1.8

Declaration of establishment sent to the employment inspector of the administrative district

Indicator 4.2:   The forestry entity respects the provisions of its terms and conditions in relation to the local communities within its area(s) of work

References to legislation, regulations and rules

— Article 36 of Law 94/01

— Chapter II of the Rules on activities in forest areas, Articles 4 and 5

Verifiers

4.2.1

Terms and conditions

4.2.2

Reports on the realisation of the social projects laid down in the terms and conditions

4.2.3

Minutes of the information meeting on the forestry right, signed by the administration or the Prefect

Criterion 5:   The logging forestry entity meets its obligations as regards biodiversity protection

Indicator 5.1:   The logging forestry entity has made the necessary arrangements to prohibit the involvement of its staff in poaching, commercial hunting and the transportation or trade in hunting equipment and means. It encourages, supports and/or initiates all campaigns seeking to ensure application of the regulations in relation to hunting and to the protection of the fauna on its sites

References to legislation, regulations and rules

— Article 11(1) and (3) of Order No 222

— Terms and conditions

— Chapter VI of the Rules on activities in forest areas, Articles 28, 29 and 30

Verifiers

5.1.1

Internal rules

5.1.2

Memoranda giving details of the ban on poaching and transportation of bush meat

5.1.3

Memoranda publishing any penalties

5.1.4

Record of offences

MATRIX 4:   TIMBER REMOVAL LICENCE (AEB)

(HARVESTED, FAILED, ABANDONED OR CONFISCATED)

Criterion 1:   The logging forestry entity is legally authorised

Indicator 1.1:   The forestry entity has legal personality and is approved as a logger

References to legislation, regulations and rules

— Article 41 of Law 94/01

— Articles 35(1) and 36 of Decree 95-531

Verifiers

1.1.1

Certificate of domicile (natural person)

1.1.2

Commercial register maintained at the competent court office (legal entity)

1.1.3

Forestry approval granted by the competent authority

1.1.4

Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal

Indicator 1.2:   The forestry entity holds a timber removal licence issued by the administration responsible for forests, in accordance with the law

References to legislation, regulations and rules

— Articles 56, 111 and 112 of Decree 95-531

Verifiers

1.2.1

Reports on offences and on confiscation of fraudulently logged timber (confiscated timber)

1.2.2

Report on abandoned billets drawn up by the local manager of the administration responsible for forests and summons letter sent to the owners (billets abandoned in the forest or failed)

1.2.3

Notice of public invitation to tender (confiscated, abandoned or failed timber)

1.2.4

Document from the sales committee selecting the forestry entity as the best bidder

1.2.5

Auction report and related receipts (sale amount + 13 %)

1.2.6

Stocktaking report (timber properly felled and not removed on expiry of the right)

1.2.7

Licence to remove timber issued by the competent manager of the forestry administration

1.2.8

Notification of the start of the work

Indicator 1.3:   The forestry entity has not been suspended or had its approval or right withdrawn by the administration and is not implicated in the commission of the offence on account of which the timber has been confiscated

References to legislation, regulations and rules

— Chapter 3 of Law 94/01

— Articles 146, 150 and 152 of Law 94/01

— Articles 130, 131, 132, 135 and 146 of Decree 95-531

Verifiers

1.3.1

Records/files of offences published by the competent administrations

1.3.2

Suspension decision of the Minister responsible for forests, substantiated and challenged, if applicable

1.3.3

Report on an offence, closed and entered in the register of offences of the competent local departments

Indicator 1.4:   The forestry entity has complied with its tax obligations under existing law

References to legislation, regulations and rules

— Article 122 of Law 94/01

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

1.4.1

Tax patent

1.4.2

Certificate of solvency/tax certificate of the competent tax office

Criterion 2:   The logging forestry entity meets its logging obligations

Indicator 2.1:   The forestry entity respects the timber quantities (volume) awarded in accordance with the requirements of the licence

References to legislation, regulations and rules

— Articles 144 and 148 of Law 94/01 of 20 January 1994

Verifiers

2.1.1

Auction reports

2.1.2

Stubs of waybills or SIGIF declaration

2.1.3

Count certificate

Indicator 2.2:   The forestry entity has complied with its tax and forestry tax obligations associated with its activity(ies)

References to legislation, regulations and rules

— Articles 111(2), 112(3), 113(2) and 122 of Decree 95-531

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

2.2.1

Evidence of payment of the sales price

2.2.2

Evidence of payment of 13 % on top of the sales price

Criterion 3:   The logging forestry entity meets its obligations as regards timber transportation

Indicator 3.1:   The forestry entity ensures that the timber removed is transported entirely legally and is accompanied by all the documents required and regulatory markings in order to certify its legal origins

References to legislation, regulations and rules

— Articles 127(1) and 128 of Decree 95-531

Verifiers

3.1.1

Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the transportation of logs and cut timber by road

3.1.2

Special declaration on note stamped by the competent manager in the event of transportation by rail

3.1.3

Loading certificate of the competent customs department (transport in containers) together with the loading report of the forestry departments and the place of loading

Criterion 4:   The logging forestry entity meets its social obligations

Indicator 4.1:   The forestry entity meets its obligations in relation to employment law, social security law and the collective bargaining agreements of the timber industry

References to legislation, regulations and rules

— Articles 61(2) and 62(2) of Law No 92/007 of 14 August 1992 setting out the Employment Code

— Decree No 2008/2115/PM of 24 January 2008 revaluing the minimum guaranteed interprofessional salary (SMIG)

— Ordinance No 73-17 of 22 May 1973 organising social security

— Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of Ordinance No 73-17 of 22 May 1973 organising the National Social Security Fund

— Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit insurance

— Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit insurance, amended by Law No 84/007 of 4 July 1984

— Order No 039/MTPS/IMT of the Ministry of Labour and Social Security laying down the general provisions relating to health and safety at the workplace

— Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the election arrangements and conditions for exercise of the duties of staff representatives

— The national collective bargaining agreement (April 2002) of the companies involved in logging and in the processing of forest products and associated activities

— Order No 11/DEC/DT of 25 May 1978 laying down the arrangements for the summoning and appearance of the Parties before the Employment Inspector for the settlement of employment disputes

— Practical directives from the International Labour Organization (ILO)

— Law 64/LF/23 of 13 November 1964 protecting public health

— Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious

— Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the establishments in question]

— Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest products and associated activities

Verifiers

4.1.1

Certificate of registration issued by the CNPS

4.1.2

Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the administrative district

4.1.3

Internal rules stamped by the employment inspector of the administrative district

4.1.4

Reports on the election of staff representatives

4.1.5

Agreement on visits and care with a general practitioner

4.1.6

Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise

4.1.7

Inspection reports of the Ministry of Health

4.1.8

Declaration of establishment sent to the employment inspector of the administrative district

MATRIX 5:   CUT TIMBER SALE (VC) IN THE NATIONAL FOREST DOMAIN

Criterion 1:   The logging forestry entity is legally authorised

Indicator 1.1:   The forestry entity has legal personality and is approved as a logger

References to legislation, regulations and rules

— Article 41 of Law 94

— Articles 35(1) and 36 of Decree 95-531

Verifiers

1.1.1

Certificate of domicile (natural person)

1.1.2

Commercial register maintained at the competent court office (legal entity)

1.1.3

Forestry approval granted by the competent authority

1.1.4

Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal

Indicator 1.2:   The forestry entity is the holder of a cut timber sale licence legally awarded by the administration responsible for forests

References to legislation, regulations and rules

— Article 57 of Law 94/01

— Articles 51(1) and (2), 58(2), (3) and (4), 60, 81, 82 and 83 of Decree 95-531

Verifiers

1.2.1

Notice of public invitation to tender, based on respect of the pre-emptive right

1.2.2

Document from the interministerial committee selecting the forestry entity offering the highest forestry fee

1.2.3

Receipt for registration of a complete file relating to the award of cut timber sales

1.2.4

Proof of deposit of the surety with the Public Revenue Department

1.2.5

Order awarding cut timber sale signed by the Minister responsible for forests, based on information from the invitations to tender

1.2.6

Minutes of the information meeting, signed by the Prefect

Indicator 1.3:   In the event that the logging activity is subcontracted, the subcontracting forestry entity has documents confirming the regularity of the situation

References to legislation, regulations and rules

— Articles 41 and 42 of Law 94/01

— Articles 35(1), 36 and 140(1), (2), (3), (4) and (5) of Decree 95-531

Verifiers

1.3.1

Subcontracting/partnership agreement

1.3.2

Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests

1.3.3

Receipt for registration of the agreement approved by the local authorities of the Ministry responsible for forests

1.3.4

Commercial register maintained at the competent court office

1.3.5

Forestry approval granted by the competent authority

1.3.6

Extract from the registration of the logging hammer with the office of the competent court

Indicator 1.4:   The forestry entity has not been suspended or had its approval or right withdrawn by the administration

References to legislation, regulations and rules

— Chapter 3 of Law 94/01

— Articles 130, 131 and 132 of Decree 95-531

Verifiers

1.4.1

Records/files of offences published by the competent administrations

1.4.2

Register of disputes of the competent local departments

1.4.3

Suspension decision of the Minister responsible for forests, substantiated and challenged, if applicable

Indicator 1.5:   The forestry entity has complied with its tax obligations under existing law

References to legislation, regulations and rules

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

1.5.1

Tax patent

1.5.2

Certificate of solvency/tax certificate of the competent tax office

Criterion 2:   The logging forestry entity meets its logging obligations

Indicator 2.1:   The forestry entity has competent and adequate professional resources, either internally or through the agency of a natural person or legal entity, to produce the logging inventory

References to legislation, regulations and rules

— Articles 40(3) and 64 of Law 94/01

— Article 35 of Decree 95-531

Verifiers

2.1.1

Approval of the enterprise or its various subcontractors having been involved in certain inventory/forestry activities

2.1.2

Service contracts with (an) approved structure(s) or a public body

Indicator 2.2:   The forestry entity respects the logging rules in the areas awarded

References to legislation, regulations and rules

— Article 45 of Law 94/01

— Article 4(1), (2), (3) and (4) of Order 222

— Sheets 14 and 17 of PROC

— Logging inventory rules

— Rules on activities in forest areas (NIMF)

Verifiers

2.2.1

Count certificate or certificate confirming respect of the Rules on activities in forest areas

Indicator 2.3:   The forestry entity holds a legal harvesting licence

References to legislation, regulations and rules

— Article 45(1) of Law 94/01

— Articles 17, 79, 82 of Law 96/12 of 5 August 1996 setting out a framework law on environmental management

— Article 20 of Decree 0577 of 23 February 2005

Verifiers

2.3.1

Letter of approval of the terms of reference for the environmental impact audit/study

2.3.2

Environmental conformity certificate

2.3.3

Annual harvest certificate

2.3.4

Notification of the start of activities

Indicator 2.4:   The forestry entity respects the authorised timber quantities (number of stems/volume) in accordance with the requirements of the annual certificate

References to legislation, regulations and rules

— Articles 72(1) and 125(2) and (3) of Decree 95-531

— Rules on activities in forest areas (NIMF)

— Sheet 6 PROC

Verifiers

2.4.1

Worksite books (DF10) or SIGIF declaration

2.4.2

Count certificate

Indicator 2.5:   The forestry entity has complied with its tax and forestry tax obligations associated with its activity(ies)

References to legislation, regulations and rules

— Articles 66, 67 and 69 of Law 94/01

— Article 122 of Decree 95-531

— Finance Law 2002/003 and subsequent revisions

Verifiers

2.5.1

Certificate of registration of the bank guarantee

2.5.2

Evidence of payment (RFA, TA, all forestry taxes, if stipulated in the terms and conditions), for the current year and the year preceding the year of verification

Criterion 3:   The logging forestry entity meets its obligations as regards timber transportation

Indicator 3.1:   The forestry entity ensures that the logs produced are accompanied by all the documents and regulatory markings required in order to certify their legal origins

References to legislation, regulations and rules

— Articles 127(1) and 128 of Decree 95-531

Verifiers

3.1.1

Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the transportation of logs and cut timber by road

3.1.2

Special declaration on note stamped by the competent manager in the event of transportation by rail

3.1.3

Loading certificate of the competent customs department (transport in containers) together with the loading report of the forestry department and the place of loading

Criterion 4:   The logging forestry entity meets its social obligations

Indicator 4.1:   The forestry entity meets its obligations in relation to employment law, social security law and the collective bargaining agreements of the timber industry

References to legislation, regulations and rules

— Articles 61(2) and 62(2) of Law No 92/007 of 14 August 1992 setting out the Employment Code

— Decree No 2008/2115/PM of 24 January 2008 revaluing the minimum guaranteed interprofessional salary (SMIG)

— Ordinance No 73-17 of 22 May 1973 organising social security

— Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of Ordinance No 73-17 of 22 May 1973 organising the National Social Security Fund

— Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit insurance

— Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit insurance, amended by Law No 84/007 of 4 July 1984

— Order No 039/MTPS/IMT of the Ministry of Labour and Social Security laying down the general provisions relating to health and safety at the workplace

— Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the election arrangements and conditions for exercise of the duties of staff representatives

— The national collective bargaining agreement (April 2002) of the companies involved in logging and in the processing of forest products and associated activities

— Order No 11/DEC/DT of 25 May 1978 laying down the arrangements for the summoning and appearance of the Parties before the Employment Inspector for the settlement of employment disputes

— Practical directives from the International Labour Organization (ILO)

— Law 64/LF/23 of 13 November 1964 protecting public health

— Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious

— Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the establishments in question]

— Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest products and associated activities

Verifiers

4.1.1

Certificate of registration issued by the CNPS

4.1.2

Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the administrative district

4.1.3

Internal rules stamped by the employment inspector of the administrative district

4.1.4

Reports on the election of staff representatives

4.1.5

Agreement on visits and care with a general practitioner

4.1.6

Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise

4.1.7

Inspection reports of the Ministry of Health

4.1.8

Declaration of establishment sent to the employment inspector of the administrative district

Indicator 4.2:   The forestry entity respects the social obligations prescribed by the Forestry Code

References to legislation, regulations and rules

— Articles 36 and 61(1) and (3) of Law 94/01

— Article 85 of Decree No 95/531

— Decision No 0108/D/MINEF/CAB of 9 February 1998 applying the Rules on activities in forest areas

— Chapter II of the Rules on activities in forest areas

Verifiers

4.2.1

Terms and conditions

4.2.2

Reports on the realisation of the social projects laid down in the terms and conditions

4.2.3

Minutes of the information meeting on logging under the forestry right, signed by all the stakeholders

4.2.4

Record/file of offences/report

Criterion 5:   The logging forestry entity meets its obligations in relation to the protection of biodiversity and the environment

Indicator 5.1:   The forestry entity has made the necessary arrangements to prohibit the involvement of its staff in poaching, commercial hunting and the transportation or trade in hunting equipment and means. It encourages, supports and/or initiates all campaigns seeking to ensure application of the regulations in relation to hunting and to the protection of the fauna on its sites

References to legislation, regulations and rules

— Article 11(1) and (3) of Order No 222

— Chapter VI of the Rules on activities in forest areas, Articles 28, 29 and 30

Verifiers

5.1.1

Internal rules

5.1.2

Memoranda giving details of the ban on poaching and transportation of bush meat

5.1.3

Memoranda publishing any penalties

5.1.4

Record of offences

Indicator 5.2:   The forestry entity has complied with the legislation relating to the studies of environmental impact, and implements the identified mitigating measures

References to legislation, regulations and rules

— Decree 0577 of 23 February 2005

— Article 11(1) and (2) of Order No 222 of 25 May 2001

— Articles 3 and 4 of Order 0069/MINEP of 8 March 2005

— Article 16 of the terms and conditions of the Enterprise Development Centre

— Rules on activities in forest areas (in general)

— Law 96/12 of 5 August 1996 setting out a framework law on environmental management (Articles 17, 79 and 82)

— Guide on environmental measures in relation to logging

Verifiers

5.2.1

Environmental inspection report

5.2.2

Certificate confirming respect of the environmental clauses

5.2.3

Record of environmental offences

MATRIX 6:   STATE LOGGING OF A COMMUNITY FOREST

Criterion 1:   The logging forestry entity is legally authorised

Indicator 1.1:   The community is organised in the form of a legally recognised legal entity

References to legislation, regulations and rules

— Article 28(3) of Decree 95-531

— Decision No 0098/D/MINFOF/SG/DF/SDFC adopting the document entitled ‘Manual of award procedures and management rules for community forests – Version 2009’ Points 3.1, 3.2, 3.5 of the manual of procedures

— Law 90 on associations

— Law 92 on cooperatives and GICs (Communal Interest Groups)

— OHADA (Organisation for the Harmonisation of Business Law in Africa) uniform act on commercial companies and general interest groups

Verifiers

1.1.1

Declaration receipt (associations)

1.1.2

Registration certificate (communal initiative groups and cooperatives)

1.1.3

Instrument of the clerk of the court (economic interest groups; EIGs)

Indicator 1.2:   The community is the beneficiary of a legally awarded community forest and a management agreement signed with the administration

References to legislation, regulations and rules

— Articles 37 and 38(1) of Law 94/01

— Articles 27(2) and (3), 28(1) and (2) and 29(1) and (2) of Decree 95-531

— Decision No 0098/D/MINFOF/SG/DF/SDFC adopting the document entitled ‘Manual of award procedures and management rules for community forests – Version 2009’ Points 5.1; 5.12.1; 5.13 and 5.17 of the manual of procedures, version 2009

Verifiers

A–   Provisional management agreement

1.2.1

Receipt for registration of a complete file relating to the award of a community forest

1.2.2

Provisional management agreement signed by the community and the competent administrative authority

B–   Final management agreement

1.2.3

Receipt for registration of a complete PSG (Simple Management Plan) tender file for the final agreement

1.2.4

Document approving the PSG, signed by the Minister for Forestry and Wildlife

1.2.5

Final management agreement signed by the competent administrative authority

Indicator 1.3:   In the event that the logging activity is subcontracted, the subcontracting forestry entity has documents confirming the regularity of the situation

References to legislation, regulations and rules

— Articles 41 and 42 of Law 94/01

— Articles 35(1), 36 and 140(1), (2), (3), (4) and (5) of Decree 95-531

Verifiers

1.3.1

Subcontracting/partnership agreement

1.3.2

Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests

1.3.3

Commercial register maintained at the competent court office

1.3.4

Forestry approval granted by the competent authority

1.3.5

Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal

Indicator 1.4:   The community is not the subject of a measeg withdrawing or suspending the existing management agreement by the administration responsible for forests

References to legislation, regulations and rules

— Articles 38(2) and 65 of Law 94/01

— Articles 31(1) and 32(3) of Decree 95-531

Verifiers

1.4.1

Record of offences published by the ministry responsible for forests or report on offence(s) drawn up by the sworn agent of the Ministry responsible for forests

1.4.2

Suspension decision of the Minister responsible for forests, if applicable

1.4.3

Register of disputes of the competent local departments

Criterion 2:   The logging forestry entity meets its obligations as regards logging and forest management

Indicator 2.1:   The forestry entity has competent and adequate professional resources, either internally or through the agency of a natural person or legal entity, to perform the inventory work stipulated in the PSG

References to legislation, regulations and rules

— Articles 40(3) and 64 of Law 94/01

— Article 35 of Decree 95-531

Verifiers

2.1.1

Approval of various subcontractors having been involved in certain management activities (inventories)

2.1.2

Service contracts with (an) approved structure(s) or a public body

2.1.3

Certificate of conformity of the inventory work

Indicator 2.2:   The forestry entity holds a legal harvesting licence

References to legislation, regulations and rules

— Article 17 of Law 96/12 of 5/08/96 setting out a framework law on environmental management

— Article 20 of Decree 0577 of 23 February 2005

— Article 96(2) of the Decree of 23 August 1995

— Decision No 0098/D/MINFOF/SG/DF/SDFC adopting the document entitled ‘Manual of award procedures and management rules for community forests – Version 2009’ Point 8.2.2.1 of the manual of procedures, version 2009

Verifiers

2.2.1

Letter of approval of the terms of reference for the environmental impact study/audit

2.2.2

Environmental conformity certificate

2.2.3

Annual logging certificate

2.2.4

Notification of the start of activities

Indicator 2.3:   The forestry entity respects the logging rules in the land authorised for logging

References to legislation, regulations and rules

— Logging inventory rules

— Circular 0048/LC/MINFOF/SG/DF/SDFC of 16 January 2009

— Rules on activities in forest areas (NIMF)

Verifiers

2.3.1

Count certificate or certificate confirming respect of the Rules on activities in forest areas

2.3.2

Annual report on activities

Indicator 2.4:   The forestry entity respects the authorised timber quantities (number of stems/volume) in accordance with the requirements of the annual logging certificate

References to legislation, regulations and rules

— Article 125 of Decree 95-531

— Rules on activities in forest areas (NIMF)

Verifiers

2.4.1

Worksite books (DF10) or SIGIF declaration and waybills

2.4.2

Count certificate

2.4.3

Annual report on activities

Criterion 3:   The logging/processing forestry entity meets its obligations as regards timber transportation

Indicator 3.1:   The forestry entity ensures that the timber and derived products are transported entirely legally and are accompanied by all the documents required and regulatory markings in order to certify their legal origins

References to legislation, regulations and rules

— Articles 127(2) and 128 of Decree 95-531

Verifiers

3.1.1

Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the transportation of logs and cut timber by road

3.1.2

Special declaration on note stamped by the competent manager in the event of transportation by rail

3.1.3

Loading certificate of the competent customs department (transport in containers) together with the loading report of the forestry department and the place of loading

Criterion 4:   The logging/processing forestry entity meets its social obligations

Indicator 4.1:   The forestry entity respects the provisions of the PSG in relation to the local communities within its area(s) of work

References to legislation, regulations and rules

— Article 36 of Law 94/01; Article 26(1) and (2) of the associated Decree

— Chapter II of the Rules on activities in forest areas, Articles 4 and 5

Verifiers

4.1.1

Simple management plan

Criterion 5:   The logging/processing forestry entity meets its obligations in relation to the protection of biodiversity and the environment

Indicator 5.1:   The forestry entity has made the necessary arrangements to prohibit the involvement of the population in poaching, commercial hunting and the transportation or trade in hunting equipment and means. It encourages, supports and/or initiates all campaigns seeking to ensure application of the regulations in relation to the protection of biodiversity in the community forest

References to legislation, regulations and rules

— Rules on activities in forest areas (in general)

— Decision No 0098/D/MINFOF/SG/DF/SDFC adopting the document entitled ‘Manual of award procedures and management rules for community forests – Version 2009’ Point 8.1 of the manual

— Article 32(2) of the Decree

— Articles 78 et seq. of the Law

Verifiers

5.1.1

Information and awareness media (posters, reports, video, cassettes etc.) and/or internal rules

5.1.2

Simple management plan

Indicator 5.2:   The forestry entity has complied with the environmental legislation and implements the identified mitigating measures

References to legislation, regulations and rules

— Decree 0577 of 23 February 2005

— Articles 3 and 4 of Order 0069/MINEP of 8 March 2005

— Rules on activities in forest areas (in general)

— Articles 17, 79, 82 of Law 96/12 of 5 August 1996 setting out a framework law on environmental management

— Guide on environmental measures in relation to logging

Verifiers

5.2.1

Simple management plan

5.2.2

Certificate confirming respect of the environmental clauses

5.2.3

Record of environmental offences

MATRIX 7:   SPECIAL PERMIT (ebony logging)

Criterion 1:   The logging forestry entity is legally authorised

Indicator 1.1:   The forestry entity has legal personality and is approved as a logger

References to legislation, regulations and rules

— Articles 9, 41 and 42 of Law 94/01

— Articles 35(1), 36 and 114 of Decree 95-531

Verifiers

1.1.1

Certificate of domicile (natural person)

1.1.2

Commercial register maintained at the competent court office (legal entity)

1.1.3

Forestry approval granted by the competent authority

Indicator 1.2:   The forestry entity is the holder of a special permit legally awarded by the administration responsible for forests

References to legislation, regulations and rules

— Articles 86(2) and 87 of Decree 95-531

Verifiers

1.2.1

Notice to the public

1.2.2

Receipt for registration of a complete file relating to the award of the special permit

1.2.3

Decision awarding the special licence, signed by the Minister responsible for forests

Indicator 1.3:   In the event that the logging/processing activity is subcontracted, the subcontracting forestry entity has documents confirming the regularity of the situation

References to legislation, regulations and rules

— Articles 41 and 42 of Law 94/01

— Articles 35(1), 36, 114 and 140(1), (2), (3), (4) and (5) of Decree 95-531

Verifiers

1.3.1

Subcontracting/partnership agreement

1.3.2

Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests

1.3.3

Commercial register maintained at the competent court office

1.3.4

Forestry approval granted by the competent authority (logging)

1.3.5

Authority to set up and operate an establishment classified by the Ministry responsible for the industry (processing)

1.3.6

Certificate of registration as a timber processor from the Ministry responsible for forests (processing)

Indicator 1.4:   The forestry entity has not been suspended or had its approval or right withdrawn by the administration

References to legislation, regulations and rules

— Articles 150 and 152 of Law 94/01

— Articles 130, 131 and 132 of Decree 95-531

Verifiers

1.4.1

Records/files of offences published by the competent administrations

1.4.2

Register of disputes of the competent local departments

1.4.3

Suspension decision of the Minister responsible for forests, substantiated and challenged, if applicable

Indicator 1.5:   The forestry entity has complied with its tax obligations under existing law

References to legislation, regulations and rules

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

1.5.1

Tax patent

1.5.2

Certificate of solvency/tax certificate of the competent tax office

Criterion 2:   The logging forestry entity meets its logging obligations

Indicator 2.1:   The forestry entity holds a legal harvesting licence

References to legislation, regulations and rules

— Sheets 2 and 3 (PROC)

— Article 88(1) and (2) of Decree 95-531

Verifiers

2.1.1

Special permit

Indicator 2.2:   The forestry entity respects the timber quantities (tonnage/volume) awarded in accordance with the requirements of the special permit

References to legislation, regulations and rules

— Article 125 of Decree 95-531

Verifiers

2.2.1

Stubs of waybills or SIGIF declaration

2.2.2

Count certificate

Indicator 2.3:   The forestry entity has complied with its tax and forestry tax obligations associated with its activity(ies)

References to legislation, regulations and rules

— Article 122 of Decree 95-531

— Article 86(6) of Law 94/01

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

2.3.1

Evidence of payment of the regeneration tax for the current year and the year preceding the year of verification

2.3.2

Terms and conditions

Criterion 3:   The logging forestry entity meets its obligations as regards the transportation of special products

Indicator 3.1:   The forestry entity ensures that the special products harvested or purchased on the local market for processing in its installations are accompanied by all the necessary documents to certify their legal origins

References to legislation, regulations and rules

— Articles 115(1), (2) and (3), 127(1) and 128 of Decree 95-531

Verifiers

3.1.1

Waybills signed by the competent authority

3.1.2

Currently valid certificate of legality/permit of the supplier(s)

Indicator 3.2:   The forestry entity ensures that the special products imported for processing in its installations are accompanied by the necessary documents to certify their legal origins

References to legislation, regulations and rules

— Articles 127(1) and 128 of Decree 95-531

Verifiers

3.2.1

Import licences issued by the competent authorities responsible for forests and finance

3.2.2

International waybills stamped for the entire route

3.2.3

Certificates of origin and phytosanitary certificates from the exporting country

3.2.4

FLEGT licences of the country of origin, or any other private certificate of legality/sustainable management recognised by Cameroon

Indicator 3.3:   The forestry entity ensures that the special products from its installations are transported entirely legally and are accompanied by all the documents required in order to certify their legal origins

References to legislation, regulations and rules

— Articles 127(2) and (3) and 128 of Decree 95-531

— Article 86(6) of Law 94/01

Verifiers

3.3.1

Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the transportation of logs and cut timber by road

3.3.2

Specification bulletins

3.3.3

Special declaration on note stamped by the competent manager in the event of transportation by rail

3.3.4

Loading certificate of the competent customs department (transport in containers) together with the loading report of the forestry department and the place of loading

3.3.5

Terms and conditions for the products under CITES

Criterion 4:   The logging forestry entity meets its social obligations

Indicator 4.1:   The forestry entity meets its obligations in relation to the Employment Code (processing and industrial)

References to legislation, regulations and rules

— Law No 92/007 of 14 August 1992 setting out the Employment Code

— Social Security Code

— The national collective bargaining agreement (April 2002) of the companies involved in logging and in the processing of forest products and associated activities (exercise of the right to form a union, staff representative, employment contract, working conditions and salaries, health and safety etc.)

— Article 49 of the national collective bargaining agreement

— Practical directives from the International Labour Organization (ILO)

Verifiers

4.1.1

Certificate of non-use of salaried staff (ANUPS) issued by the CNPS

4.1.2

Certificate of registration issued by the CNPS

4.1.3

Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the administrative district

4.1.4

Internal rules stamped by the employment inspector of the administrative district

4.1.5

Reports on the election of staff representatives

4.1.6

Agreement on visits and care with a general practitioner

4.1.7

Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise

4.1.8

Inspection reports of the Ministry of Health

4.1.9

Declaration of establishment sent to the employment inspector of the administrative district

Criterion 5:   The logging forestry entity meets its obligations as regards environmental protection (industrial and processing)

Indicator 5.1:   The forestry entity has complied with the legislation relating to the studies of environmental impact, and implements the identified mitigating measures

References to legislation, regulations and rules

— Guide on environmental measures in relation to logging in Cameroon

Verifiers

5.1.1

Certificate confirming respect of the environmental clauses

5.1.2

Record of environmental offences

MATRIX 8:   TIMBER PROCESSING UNIT (UTB)

Criterion 1:   The processing entity is legally authorised

Indicator 1.1:   The processing entity has legal personality and is registered as a timber processor

References to legislation, regulations and rules

— Article 114 of Decree 95-531

— Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious

— Decree 99/818/PM of 9/November 1999 laying down the provisions for setting up and operating [the establishments in question]

— Order No 013/MINEE/DMG/SL (Ministry of Energy and Water/Mines and Geology Division/SL of 19 April 1977 repealing and replacing Order No 154 of 28 March 1957 coding dangerous, unhealthy or obnoxious establishments

Verifiers

1.1.1

Certificate of domicile (natural person)

1.1.2

Commercial register maintained at the competent court office (legal entity)

1.1.3

Authority to set up and operate a first class establishment from the Ministry responsible for the industry, or receipt of declaration (2nd class)

1.1.4

Certificate of registration as a timber processor from the Ministry responsible for forests

1.1.5

Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal

Indicator 1.2:   If the processing entity subcontracts the processing work to the holder of a forestry right, it has the documents certifying the regulatory of that situation in addition to those described under 1.1

References to legislation, regulations and rules

— Article 42 of Law 94/01

— Articles 114 and 140(1), (2), (3), (4) and (5) of Decree 95-531

Verifiers

1.2.1

Subcontracting/partnership agreement

1.2.2

Letter of approval of the subcontracting agreement, issued by the Ministry responsible for forests

1.2.3

Certificate of domicile

1.2.4

Commercial register maintained at the competent court office (logging)

1.2.5

Forestry approval granted by the competent authority (logging)

1.2.6

Extract from the registration of the logging hammer stamps with the office of the competent Court of Appeal (logging)

Indicator 1.3:   The processing entity has complied with its tax obligations

References to legislation, regulations and rules

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

1.3.1

Certificate of solvency/tax certificate of the competent tax office or proof of a moratorium (as applicable)

1.3.2

Tax patent

Criterion 2:   The processing entity obtains supplies of timber of legal origin and meets its obligations in relation to timber transportation

Indicator 2.1:   The processing entity ensures that timber purchased on the local market for processing in its installations is accompanied by all the necessary documents to certify its legal origin

References to legislation, regulations and rules

— Articles 115(1), (2) and (3), 127(1) and 128 of Decree 95-531

Verifiers

2.1.1

Secure waybills, signed by the competent authority

2.1.2

Certificate of legality of the supplier(s)

Indicator 2.2:   The processing entity ensures that the timber imported for processing in its installations is accompanied by the necessary documents to certify its legal origins

References to legislation, regulations and rules

— Articles 127(2) and (3) and 128 of Decree 95-531

Verifiers

2.2.1

Import licences issued by the competent authorities responsible for forests and finance

2.2.2

International waybills stamped for the entire route

2.2.3

Certificates of origin and phytosanitary certificates from the exporting country

2.2.4

FLEGT licences of the country of origin, or any other private certificate of legality/sustainable management recognised by Cameroon

Indicator 2.3:   The processing entity ensures that timber and derived products from its installations are transported entirely legally and are accompanied by all the documents required in order to certify their legal origins

References to legislation, regulations and rules

— Articles 127(1) and 128 of Decree 95-531

Verifiers

2.3.1

Waybill secured and signed by the competent authority of the Ministry responsible for forests, for the transportation of logs and cut timber by road

2.3.2

Special declaration on note stamped by the competent manager in the event of transportation by rail

2.3.3

Loading certificate of the competent customs department (transport in containers) together with the loading report of the forestry administration

Indicator 2.4:   The processing entity has complied with its tax and forestry tax obligations associated with its activity(ies)

References to legislation, regulations and rules

— Article 122 of Decree 95-531

— Revised General Tax Code (Part 1, Chapter 1; Part 2, Chapter 1; Part 5, Chapter 3)

— Finance Law 2002/003 and subsequent revisions

Verifiers

2.4.1

Evidence of payment of plant entry tax (TEU) and other forestry taxes, if stipulated in the terms and conditions, for the current year and the year preceding the year of verification

Criterion 3:   The processing entity meets its social obligations

Indicator 3.1:   The forestry entity meets its obligations in relation to employment law, social security law and the collective bargaining agreements of the timber industry

References to legislation, regulations and rules

— Articles 61(2) and 62(2) of Law No 92/007 of 14 August 1992 setting out the Employment Code

— Decree No 2008/2115/PM of 24 January 2008 revaluing the minimum guaranteed interprofessional salary (SMIG)

— Ordinance No 73-17 of 22 May 1973 organising social security

— Decree 74-26 of 11 January 1974 laying down the application arrangements of certain provisions of ordinance No 73-17 of 22 May 1973 organising the National Social Security Fund

— Decree No 74-723 of 12 August 1974 laying down the rates of contributions owed to the CNPS (National Social Security Fund) for the family allowances and the old age pension, invalidity pension and death benefit insurance

— Law No 69-LF-18 of 10 November 1969 establishing a scheme for old age pension, invalidity and death benefit insurance, amended by Law No 84/007 of 4 July 1984

— Order No 039/MTPS/IMT of the Ministry of Labour and Social Security laying down the general provisions relating to health and safety at the workplace

— Order No 019/MTPS/SG/CJ of the Ministry of Labour and Social Security of 26 May 1993 laying down the election arrangements and conditions for exercise of the duties of staff representatives

— The national collective bargaining agreement (April 2002) of the companies involved in logging and in the processing of forest products and associated activities

— Order No 11/DEC/DT of 25 May 1978 laying down the arrangements for the summoning and appearance of the Parties before the Employment Inspector for the settlement of employment disputes,

— Practical directives from the International Labour Organization (ILO)

— Law 64/LF/23 of 13 November 1964 protecting public health

— Law 98/015 of 14 July 1998 relating to establishments classified as dangerous, unhealthy or obnoxious

— Decree 99/818/PM of 9 November 1999 laying down the provisions for setting up and operating [the establishments in question]

— Currently valid matrix of the salaries of the enterprises involved in logging and in the processing of forest products and associated activities

Verifiers

3.1.1

Certificate of registration issued by the CNPS

3.1.2

Employer registers in 3 parts, listed and signed by the competent court or by the employment inspector of the administrative district

3.1.3

Internal rules stamped by the employment inspector of the administrative district

3.1.4

Reports on the election of staff representatives

3.1.5

Agreement on visits and care with a general practitioner

3.1.6

Instrument establishing a workplace health and safety committee, signed by the manager of the enterprise

3.1.7

Inspection reports of the Ministry of Health

3.1.8

Declaration of establishment sent to the employment inspector of the administrative district

Criterion 4:   The processing entity meets its obligations in relation to environmental protection

Indicator 4.1:   The processing entity has complied with the legislation relating to the studies of environmental impact, and implements the identified mitigating measures

References to legislation, regulations and rules

— Decree 0577 of 23 February 2005

— Article 11(1) and (2) of Order No 222 of 25 May 2001

— Articles 3 and 4 of Order 0069/MINEP of 8 March 2005

— Article 16 of the terms and conditions of the Enterprise Development Centre

— Rules on activities in forest areas (in general)

— Law 96/12 of 5 August 1996 setting out a framework law on environmental management (Articles 17, 79 and 82)

— Guide on environmental measures in relation to logging

Verifiers

4.1.1

Letter of approval of the terms of reference for the environmental impact audit/study

4.1.2

Certificate of conformity of the environmental impact study/audit

4.1.3

Environmental inspection report

4.1.4

Certificate confirming respect of the environmental clauses

4.1.5

Record of environmental offences

References to existing legislation, regulations and rules

1.

Law No 94-01 of 20 January 1994 setting out the Forest Code

2.

Law No 96-12 of 5 August 1996 setting out the framework law on environmental management

3.

Order No 222 MINEF of 25 May 2001 laying down the procedures for drawing up, approving, monitoring and controlling the management of the productive forests of the permanent forest domain

4.

Decree No 2005/577 of 23 February 2005 laying down the terms for the production of environmental impact studies

5.

Order No 0069 MINEP of 8 March 2005 laying down the different categories of operation whose realisation is subject to an environmental impact study

6.

Finance Law No 2002/003 of 19 April 2002 setting out the General Tax Code

7.

Cameroon Employment Code of 14 August 1992

8.

Collective bargaining agreement of loggers:

(a) Exercise of the right to form a union (Title 2)

(b) Staff representative (Title 3)

(c) Employment contract (Title 4)

(d) Terms and conditions of employment, salaries (Title 4)

(e) Hygiene, health and safety (Title 5)

Rules and other documents

1.

Procedure (abbreviated to PROC) for drawing up, approving, monitoring and controlling management plans for the productive forest of the permanent forest domain of Cameroon. Definition of the TECHNICAL SHEETS (version of July 2001):

Sheet 1: List of rules and forestry management documents

Sheet 2: Specimen provisional agreement and terms and conditions

Sheet 3: Specimen final agreement and terms and conditions

Sheet 4: Glossary

Sheet 5: Outline of the forestry management plan

Sheet 6: List of species, code, minimum diameter of exploitability (DME) and growths

Sheet 7: Specimen report for the management inventory

Sheet 8: Allocation of land within the productive forests and associated activities

Sheet 9: Outline five-year management plan

Sheet 10: Approval protocol of the management inventory

Sheet 11: Verification and approval protocol of the management plan

Sheet 12: Five-year evaluation, end of agreement and end of rotation protocol

Sheet 13: Forms relating to annual logging procedures

Sheet 14: Certificate of materialisation of the logging concession

Sheet 15: Certificate of verification of the logging inventory

Sheet 16: Industrial logging control protocol

Sheet 17: Industrial logging count certificate

Sheet 18: Management work acceptance protocol

2.

Inventory, management and pre-investment rules, Cameroon National Forest Development Office (ONADEF), June 1991

3.

Logging inventory rules, ONADEF, May 1995

4.

Guide to environmental measures associated with logging in Cameroon (Ministry of the Environment and Nature Protection – March 2005 version):

(a) General considerations, terminology definitions

(b) Protection of the interests of the population

(c) Protection of special sites

(d) Protection of water resources

(i) Protection of the banks of areas of water

(ii) Protection of water quality

(e) Protection of biodiversity

(i) Protection of fauna

(ii) Protection of flora

(f) Protection of soil

(i) Planning the road network

(ii) Road construction and improvement

(iii) Clearing work

(g) Setting up log yards

(h) Forest campsites and industrial installations

(i) Final provisions

5.

NIMF: Rules on activities in forest areas (Decision No 0108/D/MINEF/CAB of 9 February 1998)

(a) General provisions

(b) Relations with local populations

(c) Forest management activity in connection with certain territorial units or protected sites

(d) Protection of banks of areas of water

(e) Protection of fauna

(f) Route, construction and improvement of forest roads

(g) Forest campsites and industrial installations

(h) Setting up log yards

(i) Logging

(j) Extraction

(k) Final provisions

6.

Decision No 0098/D/MINFOF/SG/DF/SDFC adopting the document entitled ‘Manual of award procedures and management rules for community forests – Version 2009’

(1)  Ministry of the Environment and Forests.

(2)  Permanent forest domain.

(3)  Ministry of the Environment and Nature Protection.

(4)  Environmental impact study.

(5)  See Caisse nationale de prévoyance sociale,

Recueil des textes de base

(1979).

(6)  Ministry of Agriculture and Rural Development.

(7)  Private-sector association by the name of the Tropical Forest Trust, which manages a support project to the private sector involving checking legality (the Timber Trade Action Programme).

(8)  Resource Extraction Monitoring.

(9)  WWF traceability and legal compliance project.

(10)  Chain of Custody, traceability system.

(11)  Forest Stewardship Council.

(12)  Project financed by the Union.

(13)  Briefing note on the Union action plan on Forest Law Enforcement, Governance and Trade.

(14)  Legal Origin of Wood/Bureau Véritas.

(15)  Timber Legality and Traceability Verification/Société générale de surveillance.

(16)  Gesellschaft für Technische Zusammenarbeit (German Technical Cooperation Society)/Sustainable Natural Resources Management Programme.

(17)  Ministry of Ministry of Forestry and Wildlife.

(18)  Central African Forest Commission.

(19)  World Resource Institute.

(20)  International Union for Conservation of Nature.

(21)  International Forest Industry Association.

(22)  Principles, criteria, indicators.

(23)  African Timber Organisation/International Tropical Timber Organisation.

(24)  ‘forestry entity’: any natural or legal person, community, municipality with a legal source for the production, acquisition or processing of timber or derived products.

ANNEX III-A

LEGALITY ASSURANCE SYSTEM

I.   

Introduction

The Legality Assurance System (LAS) is a viable means of distinguishing forest products of lawful origin from those of unlawful origin, based on the definition of legal timber laid down in the text of this Voluntary Partnership Agreement (VPA). It makes it possible to ensure, at any time and anywhere within Cameroon, that only timber produced or acquired legally is in circulation, and may be granted a FLEGT licence when required. It functions on the basis of the following elements:

1.

verification of the legality of the forestry entity(1);

2.

national monitoring of forestry activities;

3.

national control of forestry activities;

4.

verification of the conformity of the supply chain;

5.

issuing FLEGT licences;

6.

an independent audit.

II.   

Coverage

The LAS applies to all sources of production or acquisition of timber and timber products circulating within the national territory.

Timber imported(2) by forestry entities established in Cameroon will continue to be imported subject to the conditions laid down in the Cameroon legislation and regulations. Such timber does not trigger the issue of a FLEGT licence by the Cameroon issuing authorities unless it meets the origin rules (which are laid down in the economic partnership agreements) and meet at least one of the following requirements:

— it holds a FLEGT licence from its country of origin,

— it holds a private certificate recognised by the Cameroon Government as having originated from a sustainable management reference tool including at least the criteria required in the Cameroon legality matrices.

At all events, the legality of the timber imported by the forestry entities established in Cameroon is verified at the border before entering Cameroon and again when it enters the processing units, where it will be registered in the special ‘CEMAC plant entry’ books. Close cooperation with the other CEMAC countries will ensure avoidance of the import of illegal forestry products by Cameroon.

Timber in transit through Cameroon must be saved in the traceability system (in a database created in the second generation computer system administering forestry information – SIGIF II) and must follow a customs route defined for that purpose. The monitoring procedures for timber in transit will be defined in detail at a later date, during the implementation period, as will the information necessary in order to confirm the fact that the timber in question is in transit, based on the existing CEMAC procedures.

III.   

Verification of the legality of the forestry entity

The definition of legality and the tools used to ensure the legality of the forestry entities are set out in Annex II. That Annex includes eight legality matrices produced in order to cover the different supply sources of the timber from the permanent forest domain (DFP), the non-permanent forest domain (DFNP) or the timber processing units (UTB):

— Permanent forest domain

—   Legality matrix 1: logging agreement (CE),

—   Legality matrix 2: communal forest (FCle); State logging.

— Non-permanent forest domain

—   Legality matrix 3: salvage licence (ARB),

—   Legality matrix 4: harvested timber removal licence (AEB),

—   Legality matrix 5: cut timber sale (VC) in the national domain,

—   Legality matrix 6: community forest (FC); State logging,

—   Legality matrix 7: special permit (PS); ebony logging in the national domain and the communal forests.

— Timber processing units

—   Legality matrix 8: timber processing units (UTB).

With the exception of the UTB matrix, which has certain specific features, all the legality matrices are based on five (5) common criteria, covering the aspects of administration (criteria 1), logging and management (criteria 2), transportation (criteria 3), the social area (criteria 4) and the environment (criteria 5). Dependent on the matrices, these criteria are broken down into a variable number of indicators, which are in turn broken down into verifiers.

Verification of the conformity of the situation of every forestry entity with its verifiers is based on the technical documents stipulated in the regulatory texts issued by the various administrations and are, for the most part, available for consultation in the central database of the Ministry responsible for forests (SIGIF II). This verification work in relation to the legality of the forestry entity is undertaken within a formal structure of the Ministry responsible for forests in Yaoundé (see Annex III-B), using a flexible and rigorous procedure culminating in the issue of the certificate of legality to the logging/processing forestry entity, for every right awarded to it and/or every timber processing facility it owns. The procedures for issue of the ‘certificate of legality’ (identification of the documents of the administrative file, proper functioning of the system that reconciles the data from the various Ministries involved, procedure for renewal of the certificate of legality etc.) are defined in a special regulatory provision of the Ministry responsible for forests(3).

The ‘certificate of legality’ is issued for any given fiscal year, with a period of validity of:

— at most 1 year for rights relating to the permanent forest domain (management agreement and communal forests),

— at most 6 months for rights relating to the non-permanent forest domain,

— at most 1 year for the processing units.

The certificate of legality may be suspended at any time following a dispute as described in Section V.

The central departments responsible for verifying legality may trigger site visits to check the authenticity of the verifiers set out in the corresponding legality matrix, which cannot always be fully understood on the basis of documentary analysis alone. These verifications also cover the elements supplied by the partner administrations (Ministry responsible for health, employment, social affairs, the environment and natural protection etc.), who issue documents required in the legality matrices.

The detailed procedure for verifying the legality of the forestry entity, and in particular the methods that will be used by the central departments responsible for verifying legality, will be drawn up during the preparatory phase.

In the specific case of forestry entities holding a private certificate of legality and/or sustainable forest management, which (i) is recognised and approved by the Minister responsible for forests, which defines the conditions of issue of approvals to certifiers and private auditors, (ii) has a credible and independent audit and (iii) uses a reference tool which must include all the requirements of the Cameroon legality matrices, these will be acknowledged as being in conformity with the legal situation in Cameroon. Such forestry entities will thus receive the ‘certificate of legality’ from the central departments responsible for verifying legality, on the basis of the valid certificate renewed annually, which will be requested during the monitoring audit.

Recognition by MINFOF of private certificates of legality and/or sustainable management will take place following an analysis of the reference tools used by the approved offices, in order to check that they have in fact included all the criteria, indicators and verifiers of the Cameroon legality matrices (administrative, logging and management, transport, social and environmental aspects). MINFOF will conduct a formal assessment of the private certification standards of the forest concessions in Cameroon, based on the legality matrix, during the preparatory phase. Following this assessment, a report will be drawn up, which will be published and publicly accessible. If the assessment is positive, the private certification system will be approved by the Minister responsible for forests under a regulatory provision. This approval will be published. It will hence allow the issue of a certificate of legality to companies certified under such a system, without any specific assessment having to be conducted, avoiding dual verification of legality in these certified forestry concessions. However, the forestry company receiving this approved certification must send the central departments responsible for verifying legality all the certification audit reports drawn up in relation to the private certification system, to enable it to monitor compliance with legality in this process, and thus enable the issue of the certificate of legality with respect to the enterprise and the right in question.

IV.   

National monitoring of forestry activities

National monitoring of forestry activities is coordinated by the Ministry responsible for forests, via the specialist departments, and involves all the other administrations concerned in the national land management process. The monitoring tool is the second generation computer system administering forestry information (SIGIF II), whose central memory is located at the Ministry responsible for forests, with links (electronic links allowing information to be uploaded and real-time access) to the ‘MESURE’ tax system and the ‘SYDONIA’ customs system of the Ministry of Finance. It is therefore dependent not only on the proper functioning of those departments throughout the country, but also on positive collaboration with all the actors within the forestry industry.

SIGIF II is the IT tool with a central memory located at the Forests Division, on which all the data relating to the forestry industry originating from the forest and hunting control points, checkpoints, departmental delegations, regional delegations, forestry entities, tax and customs administrations etc., is held on file. It enables, at all times, the situation of every forestry entity to be ascertained and all necessary decisions in relation to the legality of their activities to be taken. It thus represents the main source of information capable of blocking the process leading to the issue of the FLEGT licence, when a forestry entity whose situation is irregular requests such a document; hence the use of the term ‘blocking system’.

MESURE (Meilleur suivi du rendement fiscal/improved monitoring of the tax yield) is a client/server application, which operates in the large enterprises division (DGE), in the forestry revenue security program (PSRF) and in the tax offices responsible for medium-sized enterprises (CIME) of the General Tax Directorate. Its main function is to monitor and manage taxes, fees, duties and charges. It offers a platform for entry, processing and analysis of declaration data in relation to forestry taxation. After the link with SIGIF II is set up, it will generate the following data:

— general taxation data (patents, CNPS, taxes under existing law),

— chart monitoring payment of the felling tax,

— table monitoring payment of the plant entry tax,

— chart relating to collections from public auctions and transactions,

— chart monitoring collection and allocation of the RFA,