INHALT

Voluntary Partnership Agreement between the European Union and the Co-operative Republic of Guyana on forest law enforcement, governance and trade in timber products to the European Union

VOLUNTARY PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE CO-OPERATIVE REPUBLIC OF GUYANA ON FOREST LAW ENFORCEMENT, GOVERNANCE AND TRADE IN TIMBER PRODUCTS TO THE EUROPEAN UNION
ARTICLE 1
Objective
ARTICLE 2
Definitions
ARTICLE 3
FLEGT licensing scheme
ARTICLE 4
Licensing authority
ARTICLE 5
Competent authorities
ARTICLE 6
FLEGT licences
ARTICLE 7
Definition of legally produced timber
ARTICLE 8
Guyana Timber Legality Assurance System (GTLAS)
ARTICLE 9
Application of the GTLAS to timber products
ARTICLE 10
Release of shipments covered by a FLEGT licence
ARTICLE 11
Independent Auditor
ARTICLE 12
Irregularities
ARTICLE 13
Date of operation of the FLEGT licensing scheme
ARTICLE 14
Schedule for implementation of this Agreement
ARTICLE 15
Supporting measures
ARTICLE 16
Stakeholder involvement in implementation of this Agreement
ARTICLE 17
Social safeguards
ARTICLE 18
Efforts to implement or ratify other agreements
ARTICLE 19
Market incentives
ARTICLE 20
Joint Monitoring and Review Committee
ARTICLE 21
Reporting and public disclosure of information
ARTICLE 22
Communication on implementation of this Agreement
ARTICLE 23
Confidential information
ARTICLE 24
Territorial application
ARTICLE 25
Consultations and mediation
ARTICLE 26
Arbitration
ARTICLE 27
Amendments
ARTICLE 28
Suspension
ARTICLE 29
Termination
ARTICLE 30
Duration
ARTICLE 31
Annexes
ARTICLE 32
Authentic texts
ARTICLE 33
Entry into force
ANNEXES
ANNEX I
PRODUCT COVERAGE: THE HARMONISED COMMODITY CODES FOR TIMBER PRODUCTS COVERED UNDER THE FLEGT LICENSING SCHEME
ANNEX II
LEGALITY DEFINITION
1. List of acronyms
2. Introduction
Structure and content of Legality Definition matrices
3. Definition of terms
4. Legality matrices
4.1 Legality matrix A for an FSO to legally conduct forest operations
4.2 Legality matrix B for a State forest authorisation (large concession)
4.3 Legality matrix C for a State forest authorisation (small concession)
4.4 Legality matrix D for an Amerindian Village
4.5 Legality matrix E for private land
4.6 Legality matrix F for salvaged timber products from State land in conversion
4.7 Legality matrix G for seized timber products ( 10 )
4.8 Legality matrix H for the processing and sale of timber products
4.9 Legality matrix I for the export and import of timber products
5. Glossary
Appendix
Applicable legal references
ANNEX III
CONDITIONS GOVERNING THE RELEASE FOR FREE CIRCULATION IN THE UNION OF TIMBER PRODUCTS EXPORTED FROM GUYANA AND COVERED BY A FLEGT LICENCE
I. Lodging of the FLEGT licence (hereinafter referred to as the "licence")
II. Checks on validity of licence documentation
III. Requests for additional information
IV. Verification of the conformity of the licence with the shipment
V. Verification prior to the arrival of the shipment
VI. Other matters
VII. Release for free circulation
ANNEX IV
REQUIREMENTS AND TECHNICAL SPECIFICATIONS FOR FLEGT LICENCES
1. General requirements relating to FLEGT licences
2. Responsibility of the FLEGT licensing authority
3. Procedure for issuing FLEGT licences
4. Technical specifications with regard to paper FLEGT licences
5. Technical specifications with regard to electronic FLEGT licences
6. Copies of FLEGT licences
7. Validity, withdrawal and replacement of FLEGT licences
8. Management of non-compliance related to FLEGT licences
9. Treatment of doubts regarding the validity of a licence
APPENDICES
Appendix 1
Template 1: Format of the FLEGT licence
Template 2: Additional information for complex shipment
Appendix 2
Notes for guidance
ANNEX V
THE GUYANA TIMBER LEGALITY ASSURANCE SYSTEM (GTLAS)
1 INTRODUCTION
2 SCOPE OF THE GTLAS
2.1 Timber products covered by the GTLAS
2.2 Sources of timber
2.3 FSOs covered by the GTLAS
2.4 Applicable legislation and procedures
2.5 Roles and responsibilities of entities involved in GTLAS implementation
2.6 Implementing structures to ensure effective coordination
2.6.1 FLEGT VPA Secretariat
2.6.2 Government Coordination Body
2.6.3 National Implementation Working Group
3 DESCRIPTION OF THE GTLAS
3.1 Forest allocation and harvesting rights
3.1.1 Allocation of forest and harvesting rights for small and large concessions
3.1.2 Allocation of harvesting rights on State lands in conversion, Amerindian Villages and private land
3.1.3 Allocation of other rights
3.1.3.1 Use permits
3.1.3.2 Afforestation agreements
3.2 Legality Definition
3.3 WTS requirements
3.3.1 Pre-harvest inventory
3.3.2 Harvesting
3.3.3 Post-harvest
3.3.4 Transportation
3.3.5 Processing of timber products
3.3.6 Domestic sale of timber products
3.3.7 Export of timber products
3.3.8 Import of timber products
3.3.9 Timber products in transit
3.3.10 Seized and abandoned timber products
3.3.10.1 Seized timber products
3.3.10.2 Abandoned timber products
3.4 Verification of compliance with the allocation process, the Legality Definition and the WTS requirements
3.4.1 General principles for verification
3.4.2 Verification of compliance with the forest allocation process
3.4.3 Verification of compliance with the Legality Definition
3.4.4 Verification of WTS requirements
3.4.4.1 Verification of compliance of legal status, prior to conducting forest operations
3.4.4.2 Verification of compliance of pre-harvest inventory
– Large concessions
A. Field inspections
A.1 Monitoring of pre-harvesting activities
B. Desk verification
B.1 Validation of forest management documents
B.2 Verification of declared inventory information:
– Small concessions
– State lands in conversion
– Amerindian Villages and private lands
3.4.4.3 Verification of compliance from harvesting and post-harvesting
– Large concessions
A. Field inspections and verifications:
A.1 Monitoring of harvesting activities
A.2 Log scaling inspections
A.3 Post-harvest inspections
A.4 Field verification of declared information for harvested logs
B. Data verification:
– Small concessions
A. Field inspections and verifications:
A.1 Monitoring of harvesting activities
A.2 Field verification of declared information for harvested logs
A.3 Post-harvest inspections
B. Data verification:
B.1 Verification of timber origin and harvesting restrictions through reconciliation between stump and log information:
B.2 GFC headquarters verifies compliance with fiscal and tag-use obligations:
– State lands in conversion
– Amerindian Villages and private lands
A. Field inspections:
A.1 Monitoring of harvesting activities
A.2 Field verification of declared information for harvested logs
A.3 Post-harvest inspections
B. Data verification:
B.1 Verification of timber origin and accuracy of declared information through reconciliation between stump and log information:
B.2 GFC headquarters verifies compliance with fiscal and tag-use obligations:
3.4.4.4 Verification of compliance of transport
A. Field inspections:
A.1 Monitoring of transport activities
B. Data verification:
B.1 Verification of declared information on timber products being transported:
3.4.4.5 Verification of compliance for processing facilities
A. Field inspections and verification:
A.1 Monitoring and verification of the source and accuracy of declarations of timber products entering the sawmill or lumberyard
B. Data verification:
B.1 Verification of accuracy of declared information through reconciliation:
3.4.4.6 Verification of compliance for the sale of timber product on the domestic market ( 18 )
– Large or small concessions, State lands in conversion, Amerindian Villages and private lands
3.4.4.7 Verification of compliance with export requirements
A. Field inspections:
A.1 GFC inspection
B. Data verification:
B.1 Verification of declared information and timber product source:
B.2 GFC headquarters verifies compliance with fiscal obligations:
C. Field inspections
C.1 CETO shipment inspection
3.4.4.8 Verification for imported timber product
A. Data verification of the import application
A.1 The NPPO, the GFC and the CETO coordinated documentary checks:
B. Field inspection and verification:
B.1 CETO and GFC (FMD) shipment inspection:
C. Data verification
C.1 Verification of timber product source through reconciliation:
3.5 Management of non-compliance
3.6 Consolidated verification
3.7 Data and information collection and management
Figure 1: Data and information flow within the GTLAS
3.8 FLEGT licensing scheme
(a) Documents
(b) Verification
(c) Grading
(d) TLTU and FSO
(e) CETO
3.9 Independent audit
3.10 Complaint mechanism for the GTLAS
3.10.1 Ministries and/or Government Agencies
3.10.2 Independent audit
3.10.3 The JMRC
3.11 Monitoring of GTLAS implementation
4 ENHANCING SYSTEMS SUPPORTING GTLAS IMPLEMENTATION
Appendix
ANNEX VI
TERMS OF REFERENCE FOR THE INDEPENDENT AUDIT OF THE GTLAS
1. Introduction
2. Objectives
3. Tasks
4. Methodology: methods for gathering and assessing information and reporting
5. Reports and dissemination
6. Sources of information
7. Qualifications required
8. Selection process and institutional arrangements
9. Other requirements
ANNEX VII
SUPPORTING MEASURES AND FINANCING MECHANISMS
1. Strengthen implementing structures to ensure effective coordination
2. Strengthen the regulatory and legal framework
3. Support the development and operationalisation of the GTLAS
3.1. Supply chain (WTS)
3.2. Control and verification
3.3. Licensing
3.4. Independent audit
3.5. Complaint mechanism
3.6. Joint evaluation of the GTLAS
4. Build capacity
5. Communicate
6. Monitor the implementation of this Agreement
7. Monitor the impacts of this Agreement
8. Create a dedicated space for dialogue on land tenure, land use and conflicts
9. Carry out market improvements and industry development
9.1 International market
9.2 Domestic market
10. Establish finance mechanisms for the implementation of this Agreement
ANNEX VIII
CRITERIA FOR ASSESSING THE OPERATIONALITY OF THE GUYANA TIMBER LEGALITY ASSURANCE SYSTEM (GTLAS)
BACKGROUND
1. LEGALITY DEFINITION
2. CONTROL OF THE SUPPLY CHAIN
2.1. Rights of use
2.2. Methods for controlling the supply chain
2.3. Quantitative data management
2.4. Segregation of legally verified timber from timber of unknown sources
2.5. Imported timber products
2.6. Timber in transit
2.7. Seized and forfeited timber products
3. VERIFICATION PROCEDURES
3.1. Organisation
3.2. Verification with respect to the Legality Definition
3.3. Verification of systems for controlling the integrity of the supply chain
3.4 Mechanisms for handling complaints
3.5. Mechanisms for dealing with non-compliance
4. LICENSING OF EXPORTS AND SALE ON THE DOMESTIC MARKET
4.1. Organisational set-up
4.2. Issuance of FLEGT licences and export certificates
4.3. Queries on issued FLEGT licences
4.4. Mechanism for handling relevant complaints and disputes
5. RESPONSIBILITIES OF OTHER GOVERNMENT ORGANISATIONS
6. THE INFORMATION SYSTEMS SUPPORTING GTLAS IMPLEMENTATION
7. INDEPENDENT AUDITOR
ANNEX IX
PUBLIC ACCESS TO INFORMATION ON THE FLEGT LICENSING SCHEME
1. INTRODUCTION
2. INFORMATION TO BE PUBLISHED BY THE JOINT MONITORING AND REVIEW COMMITTEE
3. INFORMATION TO BE PUBLISHED BY GUYANA
4. INFORMATION TO BE PUBLISHED BY THE UNION
5. INFORMATION ON FINANCIAL TRANSACTIONS
6. OTHER INFORMATION TO BE MADE PUBLIC
7. METHODS FOR IMPLEMENTATION
8. COMMUNICATION STRATEGY
ANNEX X
JOINT MONITORING AND REVIEW COMMITTEE