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Document 22021A0618(01)
Voluntary Partnership Agreement between the European Union and the Republic of Honduras on forest law enforcement, governance and trade in timber products to the European Union
Voluntary Partnership Agreement between the European Union and the Republic of Honduras on forest law enforcement, governance and trade in timber products to the European Union
Voluntary Partnership Agreement between the European Union and the Republic of Honduras on forest law enforcement, governance and trade in timber products to the European Union
ST/10365/2020/INIT
OJ L 217, 18.6.2021, p. 3–136
(BG, ES, CS, DA, DE, ET, EL, EN, FR, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
ELI: http://data.europa.eu/eli/agree_internation/2021/964/oj
|
18.6.2021 |
EN |
Official Journal of the European Union |
L 217/3 |
VOLUNTARY PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF HONDURAS ON FOREST LAW ENFORCEMENT, GOVERNANCE AND TRADE IN TIMBER PRODUCTS TO THE EUROPEAN UNION
THE EUROPEAN UNION, hereinafter referred to as "the Union",
and
THE REPUBLIC OF HONDURAS, hereinafter referred to as "Honduras",
hereinafter referred to together as "the Parties",
CONSIDERING the relationship between the Union and Honduras, particularly in the context of the Association Agreement between the European Union and its Member States, of the one part, and Central America, of the other part, signed in 2012;
CONSIDERING the Political Dialogue and Cooperation Agreement between the European Community and its Member States, of the one part, and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, of the other part, signed in 2003, and the Framework Cooperation Agreement between the European Economic Community and the Republics of Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Panama, signed in 1993;
CONSIDERING the communication from the Commission to the Council and the European Parliament entitled "Forest Law Enforcement, Governance and Trade (FLEGT) – Proposal for an EU Action Plan", as a first step towards tackling the urgent issue of illegal logging and associated trade;
AWARE of the importance of the principles of sustainable forest management set out in the 1992 Rio Declaration on Environment and Development, 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 peoples and their communities and other local communities in environmental management and development;
HAVING REGARD to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and, in particular, the requirement that CITES export permits issued by the Parties to CITES for specimens of species listed in Appendices I, II and III be granted only under certain conditions, in particular that such specimens were not obtained in breach of the relevant laws for the protection of fauna and flora;
REAFFIRMING the importance attached by the Parties to the principles and rules which govern multilateral trade, in particular the rights and obligations laid down in the General Agreement on Tariffs and Trade (GATT) 1994 and in other multilateral agreements listed in Annex 1A to the Marrakesh Agreement establishing the World Trade Organization (WTO) of 1994, and the need to apply them in a transparent and non-discriminatory manner;
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;
HAVING REGARD to the Agreement establishing an Association between the European Union and its Member States, on the one hand, and Central America on the other, in particular Article 289 of Title VIII on trade in forest products, under which the Parties undertake to work together to improve forest law enforcement and governance and to promote trade in legal timber products and sustainably manage forests through instruments such as CITES or forest law enforcement, governance and trade (FLEGT) voluntary partnership agreements;
REAFFIRMING the commitment and determination of the Parties with respect to the goals of the 2030 Agenda for Sustainable Development, and in particular the contribution that implementing a voluntary partnership agreement (VPA) will make to achieving goal 15 on promoting sustainable forest management, halting deforestation and adopting measures to address the supply of and demand for illegal wildlife products;
RECOGNISING the contribution that implementing a FLEGT VPA will make in combating climate change, in line with efforts to reduce greenhouse gas emissions from deforestation and forest degradation (REDD+) by promoting forest law enforcement and governance;
RECOGNISING that the primary objective of the Honduran Legality Assurance System for Timber Products (LAS) is that all timber and timber products should come within the legal framework and, similarly, that the requirements of the LAS be applied without exception to the national market and to exports of timber and timber products from Honduras;
CONSIDERING the importance attached by the Parties to the participation of all relevant stakeholders, including civil society, the private sector, Indigenous and Afro-descendant Peoples of Honduras and the local population, irrespective of their gender, age, location, religion or beliefs, ethnic origin, race, language, or disability or any other condition, in the success of forest governance policies, in particular through consultations and provision of information to the public;
CONSIDERING that Honduras's forest resources are a strategic asset that is sustainably managed by the National Institute for Forest Conservation and Development, Protected Areas and Wildlife (Instituto Nacional de Conservación y Desarrollo Forestal, Áreas Protegidas y Vida Silvestre, ICF) through a national forestry policy model which is geared to responding effectively to the challenges of sustainable forest management and efficiently performing the tasks of guiding, regulating, managing and facilitating investment in the development of the public and private forestry sector;
CONSIDERING that, under Honduras's forestry policy and in accordance with its Law on Forestry, Protected Areas and Wildlife, efforts have been made with regard to the protection and economic development of protected areas, the recovery and sustainable management of coniferous forest, the protection of broadleaved forest and promotion of sustainable forest management, the involvement of community organisations in sustainable forest management, the promotion of national environmental conservation and reforestation, the integrated management of microbasins, the comprehensive monitoring of illegal logging and trade in timber and wildlife, and the institutional modernisation of the forestry, protected areas and wildlife sector;
CONSIDERING that this Agreement will constitute a central pillar of the social development programmes which are implemented in Honduras with the aim of generating employment, improving investment conditions, formulating policy for land-use planning, helping to revitalise industry and ensuring the sustainable use of resources from a social and environmental perspective;
CONSIDERING that the Honduran Law on Forestry, Protected Areas and Wildlife is designed to establish the legal framework for the administration and management of forest resources, protected areas and wildlife, including their protection, restoration, productive use, conservation and promotion, thereby fostering sustainable development appropriate to the country's social, economic, environmental and cultural interests;
CONSIDERING that international treaties on the environment and forestry ratified by the National Congress of the Republic of Honduras form part of national legislation, which in turn forms the basis for formulating and implementing the country's forestry policy;
CONSIDERING that, with the signing of this Agreement, Honduras hopes to: strengthen governance, land-use and land-tenure rights and legislation in the forestry sector; establish strong and effective processes for the various stakeholders, thus creating conditions for larger-scale and more transparent investment; establish land-use policies; establish investment policies which support legal production; and support the implementation of policies to reduce greenhouse gas emissions from deforestation and forest degradation (REDD+) by directly addressing some of the causes of deforestation and forest degradation;
CONSIDERING that the implementation of this Agreement will support efforts to tackle climate change, in accordance with the efforts to reduce greenhouse gas emissions from deforestation and forest degradation (REDD+);
TAKING INTO ACCOUNT that the 1992 Rio Declaration on Environment and Development constitutes a reference text for a global consensus on the management, conservation and ecologically sustainable logging of all types of forests, and taking into account the recent adoption of the Non-Legally Binding Instrument on all types of forests by the United Nations General Assembly,
HEREBY AGREE AS FOLLOWS:
ARTICLE 1
Objective
The objective of this Agreement, in accordance with the common commitment of the Parties to sustainably manage all types of forests, is to provide a legal framework to ensure that all imports into the Union of the timber products from Honduras covered by this Agreement have been legally produced and, in so doing, to promote the trade in said timber products.
This Agreement also provides a basis for dialogue and cooperation between the Parties aimed at facilitating and promoting its full implementation and at strengthening the enforcement of forest law and governance.
ARTICLE 2
Definitions
For the purposes of this Agreement, the following definitions apply:
|
(a) |
"import into the Union" means the release for free circulation into the Union, within the meaning of Article 201 of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 establishing the Union Customs Code, of timber products which cannot be classified as "goods of a non-commercial nature" as defined in Article 1, point (21), of Commission Delegated Regulation (EU) 2015/2446 of 28 July 2015 supplementing Regulation (EU) No 952/2013 of the European Parliament and of the Council as regards detailed rules concerning certain provisions of the Union Customs Code; |
|
(b) |
"export" means the physical leaving or taking out of timber products from any part of the territory of Honduras, except for timber products in transit through Honduras; |
|
(c) |
"timber products in transit" means any timber products originating from a third country which enter the territory of Honduras under customs control and leave it in the same form without changing their country of origin or being marketed in Honduras; |
|
(d) |
"timber products" means the products listed in Annex I; |
|
(e) |
"HS code" means a code of up to six digits as set out in the nomenclature of the Harmonized Commodity Description and Coding System established by the International Convention on the Harmonized Commodity Description and Coding System of the World Customs Organization; |
|
(f) |
"FLEGT licence" means a document which confirms that a shipment has been legally sourced and verified in accordance with the criteria laid down in this Agreement; |
|
(g) |
"licensing authority" means the authority designated by Honduras to issue and validate FLEGT licences; |
|
(h) |
"competent authorities" means the authorities designated by the Member States of the Union to receive, accept and verify FLEGT licences; |
|
(i) |
"shipment" means a quantity of timber products covered by a FLEGT licence that is sent from Honduras by a consignor or a shipper and is presented for release for free circulation at a customs office in the Union; |
|
(j) |
"legally produced timber" means timber products harvested, produced, processed, transported and marketed by processes that comply with the legislation in force in Honduras, as set out in Annex II, and/or imported and produced in accordance therewith; |
|
(k) |
"release for free circulation" means a Union customs procedure which confers the customs status of Union goods on goods which are not from the Union in accordance with Regulation (EU) No 952/2013 and which entails: 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. |
ARTICLE 3
FLEGT licensing scheme
1. A forest law enforcement, governance and trade licensing scheme ("the FLEGT licensing scheme") is hereby established between the Parties. It establishes a set of procedures and requirements to verify and certify, by means of FLEGT licences, that timber products shipped to the Union have been legally produced. In accordance with Council Regulation (EC) No 2173/2005 and with this Agreement, the Union shall not accept shipments from Honduras for import into the Union unless they are covered by FLEGT licences.
2. The FLEGT licensing scheme shall apply to the timber products listed in Annex I.
3. The Parties agree to take all measures necessary to implement the FLEGT licensing scheme.
ARTICLE 4
Licensing authority
1. Honduras shall designate the licensing authority and send its contact details to the European Commission. Both Parties shall make this information available to the public.
2. The licensing authority shall verify that timber products have been legally produced in accordance with the legislation in Annex II. It shall issue FLEGT licences covering shipments of timber products that are legally produced in Honduras and destined for export to the Union. Where appropriate, Honduras shall issue the necessary documentation for timber products in transit through its territory under the control of the Honduran customs authorities.
3. The licensing authority may not issue FLEGT licences for any timber product that is composed of, or includes, timber products imported into Honduras from a third country if the laws of that third country forbid their export, or where there is evidence that those timber products were produced in contravention of the laws of the country where the trees were harvested.
4. In accordance with the principle of transparency, the licensing authority shall record and make public its procedures for issuing FLEGT licences. It shall also retain the records of all shipments covered by FLEGT licences and, in accordance with national data-protection legislation, provide these records for the purposes of an independent audit, whilst respecting the confidentiality of exporters' data.
ARTICLE 5
Competent authorities of the Union
1. The European Commission shall inform Honduras of the contact details of the competent authorities designated by the Member States of the Union. Both Parties shall make this information available to the public.
2. The competent authorities shall verify that each shipment is covered by a valid FLEGT licence prior to releasing it for free circulation in the Union. Release for free circulation may be suspended and the shipment held if there is any doubt as to the validity of the FLEGT licence in accordance with Annex III.
3. The competent authorities shall maintain and publish annually a record of FLEGT licences received.
4. In accordance with national legislation on data protection, the competent authorities shall grant the persons or bodies designated by Honduras as independent auditors access to the relevant documents and data.
5. When timber products from species listed in the Appendices to the CITES and covered by a FLEGT licence enter the Union, they shall undergo only 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. Whatever the case, the FLEGT licence scheme provides assurance of the legal harvesting of these products.
ARTICLE 6
FLEGT licences
1. The licensing authority shall issue FLEGT licences as a means of certifying that timber products have been legally produced.
2. FLEGT licences shall be issued using the Spanish-language version of the form set out in Appendix 1 to Annex IV.
3. The Parties may, by common agreement, establish electronic systems for the issuing, transmission and receipt of FLEGT licences.
4. The procedure for issuing FLEGT licences and the technical specifications are set out in Annex IV.
ARTICLE 7
Definition of legally produced timber
For the purposes of this Agreement, a definition of legally produced timber is set out in Annex II. That Annex sets out the Honduran national legislation to be complied with in order for timber products to be covered by a FLEGT licence. It also sets out the principles, criteria, indicators and verifiers serving to prove compliance with that legislation.
ARTICLE 8
Verifying the legality of the timber produced or acquired
1. Honduras shall establish a system for verifying that timber products for shipment have been legally produced and that only shipments verified as such are exported to the Union. The system for verifying legality shall include compliance checks in order to provide an assurance that the timber products for export to the Union have been legally produced or acquired, and that FLEGT licences are not issued for shipments of timber products 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 that shipments of timber products have been legally produced is described in Annex V.
ARTICLE 9
Release for free circulation of shipments covered by a FLEGT licence
1. The procedures governing the release for free circulation in the Union of shipments covered by a FLEGT licence are described in Annex III.
2. Where doubts about the validity of any licence arise, the competent authority of the Union Member State taking receipt of the shipment may immediately ask the licensing authority for additional information and/or clarification. If the licensing authority does not reply within 21 working days of the date of receipt of the request for additional information, the competent authority shall act in accordance with the national legislation in force and not accept the licence. If, after the provision of additional information, it is established that information on the licence does not correspond to the shipment, the competent authority shall act in accordance with the national legislation in force and not accept the licence. The licensing authority shall be informed of each non-acceptance of a FLEGT licence as well as the reason for non-acceptance.
3. Where persistent disagreements or difficulties arise in relation to consultations concerning FLEGT licences, the matter may be referred to the Joint Implementation Committee (JIC).
ARTICLE 10
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 Honduran Legality Assurance System for Timber Products (LAS) and of the FLEGT licensing scheme, as set out in Annex VI.
2. Honduras shall engage the services of an independent auditor, in consultation with the Union, to perform the tasks listed in Annex VI.
3. The independent auditor shall submit its observations to the Parties in reports in accordance with the procedure described in Annex VI. Reports of the independent auditor shall be published in accordance with the procedure set out in Annex VI.
4. The Parties shall facilitate the work of the independent auditor, in particular by ensuring that the auditor has access to the information necessary for the performance of its functions on the territory of each Party. However, a Party may, in accordance with its legislation on data protection, withhold any information that it is not permitted to disclose.
ARTICLE 11
Irregularities
The Parties shall inform each other in accordance with Article 21 if they suspect or have found evidence of any circumvention or irregularity in the FLEGT licensing scheme, in particular in relation to:
|
(a) |
fraudulent trade, in particular the diversion of trade from Honduras to the Union via a third country where there is reason to believe that this is done with the intention of avoiding licensing; |
|
(b) |
FLEGT licences covering timber products which contain timber from third countries that are suspected of being illegally produced; and |
|
(c) |
fraud in obtaining or using FLEGT licences. |
ARTICLE 12
Start date for the implementation of the FLEGT licensing scheme
1. The Parties shall notify each other through the JIC when they consider they have made the necessary preparations for the FLEGT licensing scheme to become fully operational.
2. The Parties shall, through the JIC, commission an independent assessment of the FLEGT licensing scheme on the basis of the criteria set out in Annex VII. The assessment shall determine whether the LAS underpinning the FLEGT licensing scheme described in Annex V adequately fulfils its functions.
3. On the basis of the recommendations of the JIC, the Parties shall agree on a date on which the FLEGT licensing scheme will enter into force. They shall notify each other of this date by such written means as the JIC deems appropriate.
ARTICLE 13
Application of the FLEGT licensing scheme to timber products not exported to the Union
1. Honduras shall endeavour to verify the legality of timber products for both domestic consumption and export to markets other than the Union. It shall also make appropriate efforts to verify the legality of the imported timber products using the systems for verifying legality developed for implementation of this Agreement.
2. To support such endeavours, the Union, in dialogue with interested parties, shall encourage the use of the systems developed to implement this Agreement for trade in other international markets and with third countries.
ARTICLE 14
Schedule for implementation of this Agreement
1. The Parties, working through the JIC, shall approve a schedule for the implementation of this Agreement.
2. The Parties shall evaluate the progress of implementation with reference to the schedule approved by the JIC.
ARTICLE 15
Supplementary and support measures
1. The areas in which there is a need for additional technical and financial resources in order to implement this Agreement and to address the root causes and drivers of illegal logging are indicated in Annex VIII.
2. Honduras shall ensure that capacity-building to implement this Agreement is included in its national planning instruments, in the poverty reduction strategies and in the general budget of the Republic.
3. The Parties shall ensure that activities associated with the implementation of this Agreement are coordinated with relevant existing and future development initiatives, in particular the reduction of greenhouse gas emissions from deforestation and forest degradation (REDD+).
4. The provision of additional resources in accordance with paragraph 1 shall be subject to the normal procedures for programming assistance to Honduras and to the budgetary procedures of Honduras itself.
5. The Parties shall consider the need for a joint arrangement or mechanism whereby the financing and technical contributions of the European Commission and the Member States of the Union are coordinated to support the application of this Agreement.
ARTICLE 16
Stakeholder involvement in the implementation of this Agreement
1. Honduras shall involve relevant stakeholders in the implementation of this Agreement.
2. Honduras shall ensure that the implementation and monitoring of this Agreement involves relevant stakeholders, including civil society, the private sector, Indigenous and Afro-descendant Peoples of Honduras and the local population, irrespective of their gender, age, location, religion or beliefs, ethnic origin, race, language, disability or any other condition.
3. The participation in the JIC shall reflect the variety of groups of actors in the Honduran forestry sector: the public and private sectors, civil society, Indigenous and Afro-descendant Peoples of Honduras, local communities and others, where necessary.
4. The Union shall hold regular consultations with stakeholders on the implementation of this Agreement, taking into account its obligations under the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters of 1998.
ARTICLE 17
Social safeguards
1. In order to minimise potential adverse effects on the stakeholders listed in Article 16(2), the Parties shall assess the impact of this Agreement on those stakeholders' way of life.
2. The Parties shall monitor the impact of this Agreement on the stakeholders listed in Article 16(2), taking reasonable and appropriate steps to mitigate any adverse effects. The Parties may agree on additional measures to address any adverse impact on the basis of a method of evaluating this Agreement to be agreed by the Parties.
ARTICLE 18
Market incentives
Taking into account its international obligations, the Union shall strive to promote favourable access to its market for the timber products covered by this Agreement. Such efforts shall include the encouragement of:
|
(a) |
public and private procurement policies that recognise efforts to ensure a supply of legal timber products; and |
|
(b) |
a more favourable perception of FLEGT-licensed products on the Union market. |
ARTICLE 19
Joint Implementation Committee
1. The Parties shall establish a Joint Implementation Committee (JIC), which shall be responsible for implementing and monitoring this Agreement and managing the independent audit. The JIC shall also facilitate dialogue and exchanges of information between the Parties.
2. The JIC shall be established within three months of the entry into force of this Agreement in accordance with Article 31. Each Party shall nominate its representatives on the JIC, which shall take its decisions by consensus.
3. The JIC shall consider any matter relating to the effective implementation of this Agreement. In particular, the JIC shall:
|
(a) |
meet at least twice a year in the first two years, and at least once a year in subsequent years, in a place, at a time and with an agenda previously agreed by the Parties; |
|
(b) |
prepare the agenda for its work and terms of reference for joint action; |
|
(c) |
establish its own rules of procedure; |
|
(d) |
establish a co-chair arrangement for chairing its meetings; |
|
(e) |
draw up, review, update and approve documents and procedures for implementing this Agreement; |
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(f) |
ensure that its work is transparent and that information about its work and decisions is made available to the public; |
|
(g) |
if necessary, establish working groups or other subsidiary bodies for areas requiring specific expertise; |
|
(h) |
agree on a method for monitoring and evaluating the implementation and impact of this Agreement; and |
|
(i) |
publish an annual report. Details of the contents of this report are set out in Annex IX. |
4. The specific functions of the JIC are described in Annex X.
5. Additional meetings of the JIC may be called at the request of either of the Parties.
ARTICLE 20
Transparency and access to public information
1. In order to improve governance, the provision of information to stakeholders shall constitute a central element of this Agreement. Information shall be published regularly to facilitate the implementation and monitoring of systems, to increase transparency, thereby improving stakeholder and consumer confidence, and to ensure that the Parties are accountable. Details of the information to be published are set out in Annex IX.
2. Each Party shall consider the most appropriate mechanisms (media, documents, internet, workshops or annual reports) by which to disseminate the information to the public. These mechanisms are described in Annex IX. In particular, the Parties shall endeavour to give the various stakeholders associated with the forestry sector reliable, relevant and up-to-date information.
ARTICLE 21
Communication on the implementation of this Agreement
1. The representatives of the Parties responsible for official communications concerning the implementation of this Agreement shall be:
|
— |
for the European Union, the Head of the European Union Delegation in Honduras; |
|
— |
for Honduras, the Minister-Director of the Instituto Nacional, de Conservación y Desarrollo Forestal, Áreas Protegidas y Vida Silvestre (ICF). |
2. The Parties shall communicate the information necessary for implementing this Agreement to each other in a timely manner.
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 to disclose, trade secrets or confidential commercial information exchanged under this Agreement.
2. Subject to paragraph 1, the following information shall not be considered confidential:
|
(a) |
the number of FLEGT licences issued by Honduras and received by the Union, and the volume of timber products exported from Honduras and received by the Union under such licences; |
|
(b) |
the names and addresses of FLEGT licence-holders and of importers; |
|
(c) |
the amounts of fees and taxes paid by any exporter; and |
|
(d) |
monetary fines imposed or regulatory action taken against any contractor or FLEGT licence-holder. |
ARTICLE 23
Territorial application
This Agreement shall apply to those territories in which the Treaty on the Functioning of the European Union is applied under the conditions laid down in that Treaty, on the one hand, and to the territory of Honduras, on the other.
ARTICLE 24
Settlement of disputes
1. The Parties shall seek to settle any dispute concerning the application or interpretation of this Agreement by means of prompt consultations.
2. Consultations under paragraph 1 shall be initiated by means of a written request indicating the matter(s) to be resolved and the date and place of the consultation.
3. If a dispute has not been settled by means of consultations within three months of the date of the initial request for consultations, either Party may refer the dispute to the JIC, which shall endeavour to settle it. The JIC 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 JIC shall be required to examine all possibilities for maintaining the effective implementation of this Agreement.
4. If the JIC is unable to settle the dispute, the Parties may jointly seek the good offices of, or request mediation by, a third party.
5. If it is not possible to settle the dispute in accordance with paragraph 3, either Party may notify the other of the appointment of an arbitrator; the other Party shall then appoint a second arbitrator within 30 calendar days of the date of appointment of the first arbitrator. The Parties shall jointly appoint a third arbitrator within two months of the date of appointment of the second arbitrator.
6. The arbitrators' decisions shall be taken by majority vote within six months of the date of appointment of the third arbitrator.
7. The arbitrors' decision shall be binding on the Parties and shall be without appeal.
8. The JIC shall establish the working procedures for arbitration.
ARTICLE 25
Suspension
1. A Party wishing to suspend this Agreement shall notify the other Party in writing of its intention to do so. The matter shall subsequently be discussed by the Parties, taking the opinions of relevant stakeholders into account.
2. Either Party may suspend the implementation of this Agreement if the other Party:
|
(a) |
fails to fulfil its obligations as specified under this Agreement; |
|
(b) |
fails to maintain the regulatory and administrative measures and means required to implement this Agreement; or |
|
(c) |
acts or fails to act in a way that poses significant risks to the environment, health, safety or security of the people of either the Union or Honduras. |
The decision on suspension and the reasons for that decision shall be notified to the other Party in writing.
3. The conditions of this Agreement shall cease to apply 30 working days after notice under paragraph 2 is given.
4. Application of this Agreement shall resume 30 working days after the Party that has suspended its application informs the other Party that the reasons for the suspension no longer apply.
ARTICLE 26
Amendments
1. A Party wishing to amend this Agreement shall submit a proposal at least three months before the next meeting of the JIC. The Committee shall discuss the proposal and, if a consensus is reached, make a recommendation. Each Party shall consider the recommendation and, if it agrees, approve it in accordance with its own procedures.
2. Any amendment thus 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. The JIC may adopt amendments to the Annexes to this Agreement.
4. Notification of any amendment shall be sent to the joint depositories for this Agreement.
ARTICLE 27
Duration
With effect from its entry into force, this Agreement shall remain valid for five years with tacit extension for an equivalent period, unless it is terminated under the procedure laid down in Article 28.
ARTICLE 28
Termination of this Agreement
Notwithstanding Article 27, either Party may terminate this Agreement by notifying the other Party in writing. This Agreement shall cease to apply 12 months after the date of such notification.
ARTICLE 29
Annexes
The Annexes to this Agreement shall form an integral part thereof.
ARTICLE 30
Authentic texts
This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each version being equally authentic. In case of divergence, the Spanish 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 their respective procedures necessary for this purpose.
2. Notifications shall be sent to the General Secretariat of the Council of the European Union and to the Honduran Foreign Ministry, which shall be the joint depositories for this Agreement.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly empowered to this effect, have signed this Agreement.
Съставено в Брюксел на двадесет и трети февруари две хиляди двадесет и първа година.
Hecho en Bruselas, el veintitrés de febrero de dos mil veintiuno.
V Bruselu dne dvacátého třetího února dva tisíce dvacet jedna.
Udfærdiget i Bruxelles den treogtyvende februar to tusind og enogtyve.
Geschehen zu Brüssel am dreiundzwanzigsten Februar zweitausendeinundzwanzig.
Kahe tuhande kahekümne esimese aasta veebruarikuu kahekümne kolmandal päeval Brüsselis.
Έγινε στις Βρυξέλλες, στις είκοσι τρεις Φεβρουαρίου δύο χιλιάδες είκοσι ένα.
Done at Brussels on the twenty-third day of February in the year two thousand and twenty one.
Fait à Bruxelles, le vingt-trois février deux mille vingt et un.
Sastavljeno u Bruxellesu dvadeset trećeg veljače godine dvije tisuće dvadeset prve.
Fatto a Bruxelles, addì ventitré febbraio duemilaventuno.
Briselē, divi tūkstoši divdesmit pirmā gada divdesmit trešajā februārī.
Priimta du tūkstančiai dvidešimt pirmų metų vasario dvidešimt trečią dieną Briuselyje.
Kelt Brüsszelben, a kétezer-huszonegyedik év február havának huszonharmadik napján.
Magħmul fi Brussell, fit-tlieta u għoxrin jum ta’ Frar fis-sena elfejn u wieħed u għoxrin.
Gedaan te Brussel, drieëntwintig februari tweeduizend eenentwintig.
Sporządzono w Brukseli dnia dwudziestego trzeciego lutego roku dwa tysiące dwudziestego pierwszego.
Feito em Bruxelas, em vinte e três de fevereiro de dois mil e vinte e um.
Întocmit la Bruxelles la douăzeci și trei februarie două mii douăzeci și unu.
V Bruseli dvadsiateho tretieho februára dvetisícdvadsaťjeden.
V Bruslju, dne triindvajsetega februarja leta dva tisoč enaindvajset.
Tehty Brysselissä kahdentenakymmenentenäkolmantena päivänä helmikuuta vuonna kaksituhattakaksikymmentäyksi.
Som skedde i Bryssel den tjugotredje februari år tjugohundratjugoett.
ANNEXES
I.
List of timber products covered by the FLEGT licensing scheme
II.
Honduran Legality Matrices
III.
Conditions governing the release for free circulation in the Union of timber products exported from Honduras and covered by a FLEGT licence
IV.
Procedure for issuing FLEGT licences
V.
Honduran Legality Assurance System for Timber Products (LAS)
VI.
Independent audit
VII.
Criteria for evaluating the Honduran Legality Assurance System for Timber Products (LAS)
VIII.
Supplementary and support measures
IX.
Transparency and access to public information
X.
Joint Implementation Committee
ANNEX I
LIST OF TIMBER PRODUCTS COVERED BY THE FLEGT LICENSING SCHEME
This Annex contains 19 timber products, including the five obligatory products under 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 (1) and 14 additional products selected by Honduras based on a review of data from various sources: the Central Bank of Honduras for the export market, and the register of the Instituto Nacional de Conservación y Desarrollo Forestal, Áreas Protegidas y Vida Silvestre (ICF) for the domestic market. In 2013, consultations were also held with the various forestry sector operators in the main regions of the country concerning the timber products to be included in this Annex.
The Honduran Law on Forestry, Protected Areas and Wildlife (LFAPVS) prohibits the export of certain timber products. Article 102 thereof provides that wood from broadleaf species from natural forests may only be exported as processed wood. The export of round or roughly squared wood of these species is therefore not permitted.
Although the export of round or roughly squared wood of these species is prohibited, it is covered by the Honduran Legality Assurance System for timber products (LAS) (Sistema para Asegurar la Legalidad de los productos de la madera de Honduras), at whatever stage of processing (2).
The list in the table below refers to the Harmonized Commodity Description and Coding System established by the International Convention on the Harmonized Commodity Description and Coding System of the World Customs Organization, and the Combined Nomenclature of the EU's common customs system.
Harmonized System (HS) and Combined Nomenclature (CN) codes for timber products covered by the FLEGT licencing scheme
|
Number |
Code |
Description |
Usual name in Honduras |
|
1. |
4401.21 |
Coniferous wood in chips or particles. |
Astillas o chips |
|
2. |
4401.22 |
Non-coniferous wood in chips or particles. |
Astillas o chips |
|
3. |
4401.31 |
Wood pellets. |
Pellets, briquetas |
|
4. |
Ex. 4403 |
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared; except round or roughly squared wood of broadleaf species from natural forests, corresponding to code 4403 4985. |
Madera en rollo, timber |
|
Ex. 4403 4985 |
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared. Not treated with paint, creosote or other preservatives, Non-coniferous. Of tropical wood from natural forests. (SA 4403.49.00.00 in Honduras). Export prohibited under Honduran law. In accordance with Article 3 of this Agreement, products under this HS code cannot be covered by a FLEGT licence and therefore cannot be imported into the EU. |
||
|
5. |
4404 |
Hoopwood; split poles; piles, pickets and stakes of wood, pointed but not sawn lengthwise; wooden sticks, roughly trimmed but not turned, bent or otherwise worked, suitable for the manufacture of walking-sticks, umbrellas, tool handles or the like; chipwood and the like. |
Estacas, palos de escoba, palillos, nasas, tampas |
|
6. |
4406 |
Railway or tramway sleepers (cross-ties) of wood. |
Durmientes |
|
7. |
4407 |
Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, spliced or end-jointed, of a thickness exceeding 6 mm. |
Madera aserrada, madera cepillada, madera en bloque, cuartones |
|
8. |
4408 |
Sheets for veneering (including those obtained by slicing laminated wood), for plywood or for similar laminated wood and other wood, sawn lengthwise, sliced or peeled, whether or not planed, sanded, spliced or end-jointed, of a thickness not exceeding 6 mm. |
Chapa, enchapado, plywood |
|
9. |
4409 |
Wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rebated, chamfered, V-jointed, beaded, moulded, rounded or the like) along any of its edges, ends or faces, whether or not planed, sanded or end-jointed. |
Molduras, pisos, forros, cielos, machimbres |
|
10. |
4410 |
Particle board, oriented strand board (OSB) and similar board (for example, waferboard) of wood or other ligneous materials, whether or not agglomerated with resins or other organic binding substances. |
Tableros, OSB |
|
11. |
4411 |
Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances. |
Tableros, MDF |
|
12. |
4412 |
Plywood, veneered panels and similar laminated wood. |
Contrachapada |
|
13. |
4415 |
Packing cases, boxes, crates, drums and similar packings, of wood; cable-drums of wood; pallets, box pallets and other load boards, of wood; pallet collars of wood. |
Pallets, tarimas, cajas |
|
14. |
4418 |
Builders' joinery and carpentry of wood, including cellular wood, panels, assembled flooring panels, shingles and shakes. |
Puertas, ventanas, marcos, contramarcos, encofrados, postes, vigas |
|
15. |
4419 |
Tableware and kitchenware, of wood |
|
|
16. |
9403.30 |
Wooden furniture of a kind used in offices |
|
|
17. |
9403.40 |
Wooden furniture of a kind used in the kitchen |
|
|
18. |
9403.50 |
Wooden furniture of a kind used in the bedroom |
|
|
19. |
9403.60 |
Other wooden furniture |
|
(1) OJ EU L 347, 30.12.2005, p. 1.
(2) In Honduras, wood from broadleaf species is defined as originating from broadleaf trees.
ANNEX II
HONDURAN LEGALITY MATRICES
Definition of legal timber and timber products
For the purposes of this Agreement, timber and timber products are considered legal when their origin, harvesting, transport, sawing, processing and trade in national and international markets comply with the applicable laws and regulations on forests, the environment, the economy, social affairs, culture, tax and sales, as set out in this Annex and in compliance with Annex V.
The full and active involvement of governmental institutions, the private sector, civil society organisations, agroforestry groups, communities, academia and the Indigenous and Afro-descendant Peoples of Honduras made it possible to put together the Legality Matrices so that they contained the key information required to improve forestry governance.
The Honduran Legality Matrices are based on 6 principles, 17 criteria, 36 indicators and 56 means of verification. They are structured taking into account laws relating to the forestry sector and covering various aspects of public management in terms of:
|
— |
Administrative procedures for the recognition of ownership rights of public and private land. |
|
— |
The correct application of procedures for allocating public forest land to persons or groups. |
|
— |
Respect for the ancestral rights of the Indigenous and Afro-descendant Peoples of Honduras. |
|
— |
Respect for the labour rights of forestry sector workers. |
In the forest production chain, the aim is to ensure:
|
— |
Compliance with the technical and legal requirements for the approval and use of timber product harvesting licences. |
|
— |
Compliance with the legal provisions for the transport of timber products throughout the supply chain. |
|
— |
Compliance with the technical and legal provisions for the registration and operation of (primary and secondary) forest product companies and timber yards. |
|
— |
Compliance with the legal provisions for local, national and international trade. |
|
— |
Compliance with tariff and tax-related provisions. |
The matrices do not include a specific principle relating to the environment because this is seen as a crosscutting issue in all the matrices and implicitly in Principle 3, given that forest operations and harvesting activities are based on forest management plans whose aim is to ensure proper management and sustainability of the resource. Specifically, the environment comes up in indicator 3.4.2, which refers to the assessment of the environmental impact in forest management plans, and indicator 3.6.2, which refers to forestry companies' compliance with environmental mitigation measures.
1. Principles
The matrices are arranged according to the following six principles:
|
(1) |
Ownership and tenure rights of forest areas |
|
(2) |
Rights of the Indigenous and Afro-descendant Peoples of Honduras living in forest areas |
|
(3) |
Compliance with the laws and regulations on forest management and the harvesting, transport and industrialisation of, and trade in, timber products by operators in the forestry sector |
|
(4) |
Labour and occupational health and safety obligations |
|
(5) |
Rules on international trade in timber products |
|
(6) |
Tariff and tax-related obligations |
2. Considerations for verifying legality
The means of verification for the indicators under each of the six principles in these Legality Matrices consist of administrative documents and records which are produced by public institutions according to demand for services. A verification handbook describes the creation and verification methodologies and the verification frequency for each indicator, plus the physical and electronic archives where the means of verification are stored. The JIC is responsible for this handbook and will review, update and approve it as required.
In order to ensure compliance with the principles, cooperation arrangements will be established between the institutions involved in the forest production chain and the Instituto Nacional de Conservación y Desarrollo Forestal, Áreas Protegidas y Vida Silvestre (ICF).
3. Sources of timber
The Law on Forestry, Protected Areas and Wildlife (LFAPVS) describes the types of ownership of areas from which timber is cut, processed and sold in Honduras. They are the following:
|
A. |
Public forest areas: These are national forest areas located on land owned by the State, municipal forest areas (ejido areas) located on land owned by the municipalities, and forest areas acquired by State institutions, together with all forest areas owned and leased by the State (Articles 45, 46 and 47 LFAPVS). Leasing means the process by which the owner grants the use and enjoyment of a forest area for a specific period and under certain conditions to a natural or legal person.
|
|
B. |
Private forest areas: These are forest areas located on land belonging to natural or legal persons governed by private law, full ownership of which is recognised by a legitimate title deed originally issued by the State and recorded in the Land Register (Article 45 LFAPVS).
|
|
C. |
Non-forest areas: Currently there is no legal or regulatory framework for the use of timber from these areas, which sometimes supply timber from scattered trees. The supplementary measures in Annex VIII include the structure of such a regulatory framework. |
4. Changes to the regulatory, organisational and institutional framework of Honduras
As all regulatory, administrative and institutional frameworks are subject to change, modifications may need to be made to procedures in Honduras that would lead to adjustments to the content of the indicators described in these Legality Matrices. At least once every two years, these modifications will be analysed and, if necessary, approved by the Joint Implementation Committee (JIC). The JIC will also analyse, at least once every two years, any revisions or updates to this Annex that may be needed to take into account any relevant changes to the regulatory, administrative and institutional frameworks in Honduras.
LEGALITY MATRICES
|
PRINCIPLE 1. FORESTRY SECTOR OPERATORS RESPECT THE PROPERTY RIGHTS AND TENURE OF FOREST AREAS IN ACCORDANCE WITH EXISTING LEGISLATION. |
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Criterion 1.1. Public and private operators in the forestry sector involved in forest-based production activities comply with existing legislation for demonstrating ownership of forest areas. |
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|
Indicator 1.1.1. Owners of private forest areas, including community or inter-community and municipal (ejido) forest areas, have documents proving ownership. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Indicator 1.1.2. National forest areas owned by the State are recorded in the IP's Land Register and the ICF's Catalogue of Inalienable Public Forest Resources. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Criterion 1.2. Allocation of national and municipal (ejido) forest areas to communities, agroforestry groups and natural or legal persons. |
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Indicator 1.2.1. The ICF enters into forest management contracts in national areas to carry out forest management activities in the short, medium and long term. |
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|
Means of verification (either):
|
Legal reference:
|
Competent institution:
|
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|
Indicator 1.2.2. The municipality enters into a community forest management contract in municipal (ejido) areas to carry out forest management activities in the short, medium and long term. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
PRINCIPLE 2. THE STATE OF HONDURAS RESPECTS THE RIGHTS OF THE INDIGENOUS AND AFRO-DESCENDANT PEOPLES OF HONDURAS LIVING IN FOREST AREAS. |
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|
Criterion 2.1. The State of Honduras shall comply with ILO Convention No 169 as regards the recognition of rights of ownership and consultation ("free prior and informed consent" – FPIC) for areas ancestrally possessed by the Indigenous and Afro-descendant Peoples of Honduras. |
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|
Indicator 2.1.1. The State, through the competent institutions, the IP, the National Agrarian Institute (INA) and ICF, issues full title deeds and the IP records the forest land ancestrally possessed by the Indigenous and Afro-descendant Peoples of Honduras (PIAH) to allow commercial timber harvesting. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
|
For means 2:
For means 3:
|
|
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|
Indicator 2.1.2. The ICF respects the right to free prior and informed consent in the territories of the Indigenous and Afro-descendant Peoples of Honduras where commercial timber harvesting is intended to take place and by which those Peoples are directly affected. |
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|
Means of verification:
Note: The consultation report held by the ICF sets out the result of the consultation (i.e. the requisite agreement or approval of the measures proposed to carry out commercial timber harvesting) conducted pursuant to ILO Convention No 169 concerning Indigenous and Tribal Peoples and the national legislation in force. |
Legal reference:
|
Competent institution:
|
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|
PRINCIPLE 3. FORESTRY SECTOR OPERATORS COMPLY WITH THE LAWS AND RULES ON FORESTRY MANAGEMENT, HARVESTING, TRANSPORT, PROCESSING OF, AND TRADE IN, TIMBER PRODUCTS. |
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|
Criterion 3.1. Owners and usufructuaries of land with forest management contracts have forest management plans or special plans for agroforestry systems that fulfil the relevant legal requirements. |
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Indicator 3.1.1. Owners of private and municipal (ejido) forest areas that carry out harvesting activities have an approved and valid forest management plan. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Indicator 3.1.2. The usufructuaries (communities, agroforestry organisations and natural or legal persons) of national public forest areas registered with the ICF that carry out harvesting activities have an approved and valid forest management plan. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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Indicator 3.1.3. Owners of areas with privately and municipally owned (ejido) agroforestry systems carry out harvesting activities have a special plan for agroforestry systems that is approved and valid. |
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Means of verification:
|
Legal reference:
|
Competent institution: The relevant ICF Regional Forestry Office. |
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Indicator 3.1.4. Owners and usufructuaries of forest areas with an approved and valid Forest Management Plan have an Annual Operating Plan, and owners with a special plan for agroforestry systems have an Annual Felling Plan. |
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Means of verification:
|
Legal reference:
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Competent institution:
|
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Criterion 3.2. Operators that are in charge of implementing forestry activities and are appointed to carry out these activities under a harvesting licence for Annual Operating Plans, Annual Felling Plans, forest plantations, Rescue Plans and Recovery Plans, are natural or legal persons that fulfil the requirements to operate in the forestry sector. |
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Indicator 3.2.1. Qualified forestry technicians that are in charge of implementing forestry activities, under harvesting licences for Annual Operating Plans, Annual Felling Plans, forest plantations, Rescue Plans and Recovery Plans, are registered with the ICF and in the records for the corresponding harvesting licences. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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Indicator 3.2.2. Legal or natural persons that are contracted to implement harvesting activities for Annual Operating Plans, Annual Felling Plans, forest plantations and Rescue Plans and Recovery Plans are registered with the ICF and included in the records for the corresponding harvesting licences. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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Indicator 3.2.3. Independent forestry technicians are responsible for correctly carrying out forestry activities, under harvesting licences for Annual Felling Plans, forest plantations, Rescue Plans and Recovery Plans. Independent forestry technicians are members of a professional body, solvent and registered in the records for the corresponding harvesting licences. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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Criterion 3.3. The holders and usufructuaries of management plans and timber harvesting licences harvest timber and other non-timber forest products in accordance with legal requirements. |
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Indicator 3.3.1. The holders of management plans and other timber harvesting licences meet the technical standards for timber harvesting when carrying out the activities listed in the Annual Operating Plans and other timber harvesting licences. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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Indicator 3.3.2. The owners or usufructuaries of forest areas that carry out harvesting activities have approved and valid rescue plans for forests affected by natural disasters, diseases or infestations, public and/or private construction projects and changes of vegetation on land used for agriculture. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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Indicator 3.3.3. The owners of forest plantations have an approved and valid plantation certificate and a harvesting licence for harvesting and selling products derived from the management of occupied, forested or reforested private, municipal (ejido) and national areas. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Criterion 3.4. The holders and usufructuaries of timber harvesting licences apply environmental protection measures that meet the legal requirements. |
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|
Indicator 3.4.1. The owners named on forest management plans for national, municipal (ejido) and private forest areas comply with the protection programme for fires, infestations, forest diseases, water sources, flora and fauna. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Indicator 3.4.2. The owners named on the forest management plans comply with the Environmental Impact Assessment Programme for Forestry Activities. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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Criterion 3.5. Timber is transported in accordance with the legislation in force. |
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|
Indicator 3.5.1. Timber transported from the forest to a timber collection centre, primary and secondary forest product companies, and timber yards has a transport permit. |
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|
Means of verification:
N.B.: The ICF authorises three types of transport permit: for roundwood (1), for products and by-products (2) and for sawn timber (3). |
Legal reference:
For broadleaf forests:
|
Competent institution:
|
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Indicator 3.5.2. Authorised invoices are used for the transport, to any destination, of processed timber sold by primary or secondary forest product companies, or timber yards. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Indicator 3.5.3. Valid waybills are used when transporting timber to any destination. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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Criterion 3.6. Natural or legal persons that own companies and timber yards comply with the legislation in force when establishing and operating primary and secondary forest product companies and timber yards. |
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Indicator 3.6.1. Natural or legal persons that own a primary or secondary forest product company or a timber yard are registered with the municipality and the ICF. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Indicator 3.6.2. Natural or legal persons that own primary and secondary forest product companies and timber yards comply with the environmental monitoring measures in accordance with environmental impact categorisation. |
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Means of verification:
|
Legal reference: MiAmbiente:
Municipalities with environmental licensing powers:
Municipalities with legal autonomy: Articles 12 and 12-A of the Law on Municipalities, Decree No 134-90. |
Competent institution:
|
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|
Criterion 3.7. Operators in the forest production chain comply with the rules in force regarding domestic trade in timber products. |
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|
Indicator 3.7.1. Operators in the forest production chain comply with the rules in these Legality Matrices that apply to the domestic timber products market. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
PRINCIPLE 4. EMPLOYERS IN THE FORESTRY SECTOR COMPLY WITH LABOUR OBLIGATIONS AND OCCUPATIONAL HEALTH AND SAFETY REQUIREMENTS. |
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|
Criterion 4.1. Employers in the forestry sector comply with recruitment and wage-related legislation for employees in the forestry sector. |
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|
Indicator 4.1.1. Employers in the forestry sector formally recruit their (permanent or temporary) employees. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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Indicator 4.1.2. Employers in the forest production chain pay their (permanent or temporary) employees at least the minimum wage. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Criterion 4.2. Employers in the forest production chain observe occupational health and safety rules for employees. |
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|
Indicator 4.2.1. Employers in the forest supply chain ensure the occupational health and safety of their employees at their place of work. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Criterion 4.3. Employers in the forestry sector observe the rules on employees' social welfare. |
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|
Indicator 4.3.1. Employers in the forest production chain register their employees with the Honduran Institute of Social Security (IHSS). |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
PRINCIPLE 5. OPERATORS IN THE FORESTRY SECTOR COMPLY WITH RULES ON INTERNATIONAL TRADE IN TIMBER PRODUCTS. |
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|
Criterion 5.1. Exporters and importers of timber products operate legally with the requisite authorisation and fulfil their tax and customs-related obligations. |
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|
Indicator 5.1.1. Importers and exporters fulfil their customs-related obligations in accordance with the Customs Procedure. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Indicator 5.1.2. Importers fulfil the due diligence requirements applicable to imports of timber products. |
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Means of verification:
|
Legal reference:
|
Competent institution:
|
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Indicator 5.1.3. Exporters of timber products derived from species covered by the CITES Convention comply with that Convention. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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PRINCIPLE 6. OPERATORS IN THE FORESTRY SECTOR FULFIL THEIR TARIFF AND TAX-RELATED OBLIGATIONS. |
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|
Criterion 6.1. Operators in the forestry sector are legally established. |
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Indicator 6.1.1. Operators in the forestry sector are registered with the Tax Administration. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Criterion 6.2. Operators in the forestry sector fulfil their tax obligations vis-à-vis the central and municipal Government. |
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Indicator 6.2.1. The holders of harvesting licences pay the licensing tax for a Licence to Harvest or Exploit Natural Resources in accordance with the Implementing Regulation for the Law on Municipalities and the fees laid down in the municipal taxation plan in force. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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Indicator 6.2.2. Operators in the forestry sector pay income tax, solidarity contribution and tax on net assets. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Indicator 6.2.3. Operators in the forestry sector use the invoicing scheme for sales of timber and sales of services by sawmills. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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|
Criterion 6.3. Operators in the forestry sector fulfil their tariff-related obligations vis-à-vis the central Government. |
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|
Indicator 6.3.1. Operators in the forestry sector fulfil their tariff obligations. |
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|
Means of verification:
|
Legal reference:
|
Competent institution:
|
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Appendices
1.
Definition of operators in the forestry sector included in this Agreement documentsIn the context of this Agreement, "an operator in the forestry sector" is any natural or legal person that carries out activities in the forest production chain. Operators in the forestry sector are obliged to comply with the different indicators and means of verification described in this Annex that relate to their involvement in the different stages of the forest production chain.
|
Operator |
Definition/Concept |
Indicator/Means of verification |
||
|
Natural or legal persons that carry out activities in the forest production chain. These activities include, among others, forest management, the harvesting, processing, transport, sales, import and export of timber and timber products, as well as changing the use of a forest area. The operators subcontracted to carry out these activities fall under this definition; for example, chainsaw operators, checkers or dispatchers, sales representatives, transporters and consignees of timber products. |
Under different headings throughout the table. |
||
|
Group of natural persons and their organisations based in a rural location (village or hamlet), in forest areas or places on the edge of these areas, with access to forest management and other agroforestry resources. |
1.1.1/1 - 1.2.1/2 - 1.2.2/1 - 2.1.2/1 - 3.1.2/1 - 3.3.2/1 |
||
|
Community organisation with legal personality, including agroforestry organisations, ethnic groups, rural forest companies and organised communities located in a national forest area, whose purpose is to manage, harvest, process and sell goods and services relating to forests. |
1.1.1/1 - 1.2.1/2 - 1.2.2/1 - 2.1.1/1 - 2.1.1/2 - 2.1.1/3 - 2.1.2/1 - 3.1.2/1 - 3.3.2/1 |
||
|
Natural or legal person that owns property on which there is forest cover, which can be, for example, private, municipal (ejido), national, community- or jointly owned by indigenous peoples, among others. |
1.1.1/1 - 1.1.2/1 - 1.1.2/2 - 1.2.1/1 - 1.2.1/2 - 1.2.2/1 - 2.1.1/1 - 2.1.1/2 - 2.1.1/3 - 2.1.2/1 - 3.1.1/1 - 3.1.2/1 - 3.1.3/1 - 3.3.2/1 - 3.3.3/1 - 3.3.3/2 |
||
|
Natural or legal person that has full ownership of property on which there is forest cover. |
1.1.1/1 - 2.1.1/1 - 2.1.1/2 - 2.1.2/1 - 3.1.1/1 - 3.1.3/1 - 3.3.2/1 - 3.3.3/1 - 3.3.3/2 |
||
|
A Municipality that owns property on which there is forest cover. |
1.1.1/1 - 1.2.2/1 - 2.1.1/1 - 2.1.1/2 - 2.1.2/1 - 3.1.1/1 - 3.1.3/1 - 3.3.2/1 - 3.3.3/1 - 3.3.3/2 |
||
|
Natural or legal person that is the beneficiary of an approved forest management plan for a national forest. |
2.1.2/1 - 3.1.2/1 - 3.1.4/1 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.2/2 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.1/2 - 3.3.2/1 - 3.4.1/1 - 3.4.1/2 - 3.4.2/1 - 3.4.2/2 - 3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.2.1/1 - 6.2.1/2 |
||
|
Natural or legal person that is the beneficiary of an approved forest management plan for a municipal (ejido) forest. |
2.1.2/1 - 3.1.1/1 - 3.1.4/1 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.2/2 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.1/2 - 3.3.2/1 - 3.4.1/1 - 3.4.1/2 - 3.4.2/1 - 3.4.2/2 - 3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.2.1/1 - 6.2.1/2 |
||
|
Natural or legal person that is the beneficiary of an approved forest management plan for a private forest. |
2.1.2/1 - 3.1.1/1 - 3.1.4/1 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.2/2 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.1/2 - 3.3.2/1 - 3.4.1/1 - 3.4.1/2 - 3.4.2/1 - 3.4.2/2 - 3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.2.1/1 - 6.2.1/2 |
||
|
Natural or legal person that owns property with a production system that combines agricultural and forest products. |
1.1.1/1 - 2.1.1/1 - 2.1.1/2 - 2.1.2/1 - 3.1.3/1 - 3.1.4/2 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.2/1 - 3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.2.1/1 - 6.2.1/2 |
||
|
Natural or legal person that is the full or beneficial owner of property with a forest plantation. |
1.1.1/1 - 2.1.1/1 - 2.1.1/2 - 2.1.2/1 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.2/1 - 3.3.3/1 - 3.3.3/2 - 3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.2.1/1 - 6.2.1/2 |
||
|
Natural or legal person in possession or occupation of a national or municipal (ejido) area without a title deed to the land declaring legal ownership. This operator benefits from legalisation procedures to obtain a usufruct contract allowing it, among other things, to carry out forest management activities. |
1.2.1/1 - 2.1.2/1 - 3.1.2/1 - 3.3.2/1 |
||
|
Natural or legal person who has been appointed by the State forestry administration or municipal government to sustainably manage a public forest (national or municipal/ejido) for its benefit. |
1.2.1/1 - 2.1.2/1 - 3.1.2/1 - 3.3.2/1 |
||
|
Natural or legal person that carries out harvesting activities in natural and/or planted pine and broadleaf forests, appointed by the owner named on an approved and valid Forest Management Plan. |
3.2.2/1 - 3.2.2/2 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
||
|
Natural or legal person in the forestry sector whose activity is the carriage or transport of timber products. |
3.5.1/1 - 3.5.2/1 - 3.5.3/1 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
||
|
Forestry or similar professional who ensures the management and sustainable development of forests through management plans or approved operating plans in public or private forests, and who, in accordance with their professional duties, is a certifying officer. |
3.2.1/1 - 3.2.1/2 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
||
|
Private forestry professional who carries out activities in the forestry sector, excluding the implementation of operating plans. |
3.2.3/1 - 3.2.3/2 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
||
|
Natural or legal person trading timber products outside the national territory. |
5.1.1/1 - 5.1.3/1 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
||
|
Natural or legal person that purchases timber products from abroad in order to distribute, sell and/or process them inside or outside the country. |
5.1.1/1 - 5.1.2/1 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
||
|
Natural or legal person that is the owner or legal representative of a forest product company which carries out the initial processing of roundwood (in its natural state) or any other timber or non-timber raw material from the forest. |
3.6.1/1 - 3.6.1/2 - 3.6.2/1 - 3.6.2/2 - 3.7.1/1 - 3.7.1/2 - 3.7.1/3 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
||
|
Natural or legal person that is the owner or legal representative of a forest product company which processes products from a primary forest product company or any other timber or non-timber raw material from the forest. |
3.6.1/1 - 3.6.1/2 - 3.6.2/1 - 3.6.2/2 - 3.7.1/1 - 3.7.1/2 - 3.7.1/3 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
||
|
Natural or legal person that is the owner or legal representative of a piece of land, site or storage area where timber is bought and sold at national level/in the domestic market. |
3.6.1/1 - 3.6.1/2 - 3.6.2/1 - 3.6.2/2 - 3.7.1/1 - 3.7.1/2 - 3.7.1/3 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
||
|
Natural or legal person, under private or public law, that uses the services of one or more employees through an employment contract or a work relationship. This definition applies at all levels. |
4.1.1/1 - 4.1.2/1 - 4.2.1/1 - 4.3.1/1 - 4.3.1/2 - 4.3.1/3 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
2.
State institutions linked to the Legality Matrices|
Institution concerned |
Means of verification |
|
National Institute for Forest Conservation and Development, Protected Areas and Wildlife (ICF) |
1.1.2/2 - 1.2.1/1 - 1.2.1/2 - 1.2.2/1 - 2.1.1/3 - 2.1.2/1 - 3.1.1/1 - 3.1.2/1 - 3.1.3/1 - 3.1.4/1 - 3.1.4/2 - 3.2.1/1 - 3.2.1/2 - 3.2.2/1 - 3.2.2/2 - 3.2.3/1 - 3.2.3/2 - 3.3.1/1 - 3.3.1/2 - 3.3.2/1 - 3.3.3/1 - 3.3.3/2 - 3.4.1/1 - 3.4.1/2 - 3.4.2/1 - 3.4.2/2 - 3.5.1/1 - 3.5.2/1 - 3.6.1/2 - 3.7.1/1 - 3.7.1/2 - 3.7.1/3 - 5.1.2/1 |
|
Municipalities |
1.2.2/1 - 3.6.1/1 - 3.6.2/1 - 3.6.2/2 - 6.2.1/1 - 6.2.1/2 |
|
Revenue Administration Service (SAR) |
3.5.2/1 - 3.5.3/1 - 6.1.1/1 - 6.2.2/1 - 6.2.3/1 - 6.3.1/1 |
|
Institute of Property (IP) |
1.1.1/1 - 1.1.2/1 - 2.1.1/1 |
|
Ministry of Employment and Social Security (STSS) |
4.1.1/1 - 4.1.2/1 - 4.2.1/1 |
|
Ministry of Energy, Natural Resources, Environment and Mines (MiAmbiente) |
3.6.2/1 - 3.6.2/2 |
|
National Agrarian Institute (INA) |
2.1.1/2 |
|
Ministry of Agriculture and Livestock (SAG) |
5.1.3/1 |
|
Customs Revenue Subdirectorate (DARA) |
5.1.1/1 |
|
Honduran Institute of Social Security (IHSS) |
4.3.1/1 |
3.
List of legal instruments included in the Legality MatricesThe list was drawn up taking account of the order of the legal references cited in the Legality Matrices, starting with Principle 1.
|
1. |
Decree No 082-2004, Law on Property. |
|
2. |
Decree No 098-2007, Law on Forestry, Protected Areas and Wildlife. |
|
3. |
ICF Agreement No 027-2015 on the forest management of municipal (ejido) areas in the community forestry context. |
|
4. |
Decree No 026-94, Ratification of ILO Convention No 169. |
|
5. |
Agreement No 003-2010, Implementing Regulation for the Law on Property. |
|
6. |
Decree-Law No 170 on Agrarian Reform amended by Decree No 031-92 on the Modernisation and Development of the Agricultural Sector. |
|
7. |
Decree No 61-2013, authorising the ICF to respond to applications for title deeds for communal and inter-communal areas submitted by organisations of the Indigenous and Afro-descendant Peoples of Honduras. |
|
8. |
ICF Agreement No 031-2012 on the procedure for issuing title deeds for the ancestral lands of the Indigenous and Afro-descendant Peoples of Honduras living in the Río Plátano Biosphere. |
|
9. |
ICF Agreement No 010-2015, instructions for the application of technical standards in special plans for agroforestry systems (PESAs) of less than 100 hectares. |
|
10. |
Agreement No 031-2010, General Implementing Regulation for the Law on Forestry, Protected Areas and Wildlife. |
|
11. |
Instructions for the application of Agreement No 045 A-2013 on charges for services provided in primary and secondary forest product companies, and timber yards. |
|
12. |
ICF Circular No DE-ICF-001-2013, Administrative Guidelines for Harvesting Plans in Pine Forests. |
|
13. |
Decree No 073, Law on Compulsory Membership of a Professional Body. |
|
14. |
ICF Agreement No 050-2012 on the technical standards and guidelines for the drafting of forest management plans and operating plans for broadleaf forests. |
|
15. |
ICF Agreement No 030-2013, Approval of Rescue Plans. |
|
16. |
ICF Resolution No DE-MP-071-2010, Handbook on Rules for Issuing Certificates for Forest Plantations. |
|
17. |
ICF Resolution No DE-MP-285-2010, Guidelines and Standards for Better Forest Management. |
|
18. |
Agreement No 189-2014, Implementing Regulation for the Invoicing Scheme and its amendments. |
|
19. |
Agreement No 018-93, General Implementing Regulation for the Law on Municipalities. |
|
20. |
Decree No 104-93, General Law on the Environment. |
|
21. |
Executive Agreement No 008-2015, Implementing Regulation for the National Environmental Impact Assessment System. |
|
22. |
Decree No 181-2007, Amendments to the General Law on the Environment. |
|
23. |
Decree No 134-90, Law on Municipalities. |
|
24. |
Decree No 189-1959, Labour Code. |
|
25. |
Decree No 178-2016, Labour Inspectorate Law. |
|
26. |
Decree No 103, Minimum Wage Act approved on 3 June 1971 and its amendments. |
|
27. |
Agreement No 053-04, General Implementing Regulation on Measures to Prevent Workplace Accidents and Occupational Diseases. |
|
28. |
Decree No 140-1959, Law on Social Security, and Decree No 080-2001 of 1 June 2001, which contains its amendments. |
|
29. |
Resolution No 224-2008 (COMIECO-XLIX), Implementing Regulation for the Central American Uniform Customs Code (RECAUCA). |
|
30. |
SAG Agreement No 936-13, Rules of Procedure for the Implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). |
|
31. |
Decree-Law No 102-1974, National Tax Register Law. |
|
32. |
Decree No 051-2003, Fair Taxation Law. |
|
33. |
Decree No 25-1963, Law on Income Tax. |
|
34. |
Decree No 017-2010, Law on Strengthening Revenue, Social Equality and Rationalisation of Public Expenditure. |
ANNEX III
CONDITIONS GOVERNING THE RELEASE FOR FREE CIRCULATION IN THE UNION OF TIMBER PRODUCTS EXPORTED FROM HONDURAS AND COVERED BY A FLEGT LICENCE
FRAMEWORK
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 (1) and its Implementing Regulation (2) govern the conditions for entry onto the Union market of timber and timber products from Honduras covered by a FLEGT licence.
These Regulations provide for the adaptation of the procedures laid down therein to national conditions and, in particular, to the possibility that the competent authorities responsible for accepting FLEGT licences on entry into the Union may be the customs authorities or another administrative body. For this reason, the description of the process divides verification into two steps: (1) documentary checks of licences and (2) physical checks to ensure conformity of the actual consignment to the FLEGT licence.
The aim of this procedure is to supplement the checks carried out by Honduras and to verify that the FLEGT licences presented on entry into the Union are indeed those duly issued and registered by the Honduran FLEGT licensing authority and cover the consignments intended by the Honduran authorities. The competent authorities may address their questions with regard to the system for ensuring the legality and validity of Honduran FLEGT licences to the Joint Implementation Committee (JIC) in accordance with Articles 9, 11, 19 and 24 of this Agreement, subject to the information request procedures for competent authorities laid down in Article 3 of this Annex.
ARTICLE 1
Processing of FLEGT licences
1. The FLEGT licence shall be lodged with the competent authorities of the Member State in which the consignment covered by that FLEGT licence is declared for release for free circulation (3). This may be done electronically or by other expeditious means.
2. The competent authorities referred to in paragraph 1 shall, in accordance with the applicable national procedures, inform the customs authorities as soon as a FLEGT licence has been accepted.
ARTICLE 2
Checks on validity of FLEGT licence documentation
1. Paper-based FLEGT licences shall conform to the model described in Annex IV. Any FLEGT licence that does not meet the requirements and specifications set out in Annex IV shall be invalid.
2. A FLEGT licence shall be considered void if it is lodged on a date later than the expiry date indicated in the licence.
3. Any erasures in or alterations to a FLEGT licence shall not be accepted unless these erasures or alterations have been validated by the licensing authority.
4. The extension of the validity of a FLEGT licence shall not be accepted unless that extension has been validated by the licensing authority.
5. A duplicate or replacement FLEGT licence shall not be accepted unless it has been issued and validated by the licensing authority.
ARTICLE 3
Request for additional information
1. If there is doubt about the validity or authenticity of a FLEGT licence, a duplicate or a replacement FLEGT licence, the competent authorities may request additional information from the licensing authority.
2. A copy of the FLEGT licence, the duplicate or the replacement FLEGT licence in question may be forwarded together with the request.
3. If necessary, the FLEGT licensing authority shall withdraw the FLEGT licence and issue a corrected copy authenticated by the stamped endorsement "Duplicado" (Duplicate) and forward it to the competent authority.
ARTICLE 4
Verification of the conformity of the FLEGT licence with the consignment
1. If further verification of the consignment is considered necessary before the competent authorities can decide whether a FLEGT licence can be accepted or not, checks may be carried out to establish whether the consignment in question conforms to the information provided in the FLEGT licence and to the records relating to the relevant licence which are held by the licensing authority.
2. Where the volume or weight of the timber products contained in the consignment presented for release for free circulation does not deviate by more than 10 % from the volume or weight indicated in the corresponding FLEGT licence, the consignment shall be considered to conform to the information provided in the FLEGT licence as far as volume or weight is concerned.
3. If there is doubt as to whether the consignment conforms to the FLEGT licence, the competent authority may seek further clarification from the licensing authority.
4. The licensing authority may ask the competent authority to send a copy of the FLEGT licence or the replacement FLEGT licence in question.
5. If necessary, the licensing authority shall withdraw the FLEGT licence and issue a corrected copy authenticated by the stamped endorsement "Duplicado" (Duplicate) and forward it to the competent authority.
6. If the competent authority receives no answer within 21 working days of the request for further clarification, as provided for in Article 9 of this Agreement, the competent authority shall reject the FLEGT licence and shall act in accordance with the applicable legislation and procedures.
7. A FLEGT licence shall not be accepted if it has been established, after provision of additional information in accordance with Article 3 of this Annex or further verification in accordance with this Article, that the FLEGT licence does not correspond to the consignment.
ARTICLE 5
Verification prior to the arrival of the consignment
1. A FLEGT licence may be lodged before the arrival of the consignment it covers.
2. A FLEGT licence shall be accepted if it meets all the requirements set out in Annex IV and no further verification in accordance with Articles 2, 3 and 4 of this Annex is deemed necessary.
ARTICLE 6
Other matters
1. Costs incurred while the verification is being completed shall be at the expense of the importer, except where the applicable legislation and procedures of the Member State of the Union concerned determine otherwise.
2. Where persistent disagreements or difficulties arise from verification of FLEGT licences, the matter may be referred to the JIC.
ARTICLE 7
Release for free circulation
1. In box 44 of the Single Administrative Document on which the customs declaration for release for free circulation is made, reference shall be made to the number of the licence that covers the timber products subject to the declaration.
2. Where the customs declaration is made by electronic means, the reference shall be provided in the appropriate box.
3. Timber and timber products shall be released for free circulation only after completion of the procedures described in this Annex.
(1) OJ EU L 347, 30.12.2005, p. 1.
(2) Commission Regulation (EC) No 1024/2008 of 17 October 2008 laying down detailed measures for the implementation of Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community (OJ EU L 277, 18.10.2008, p. 23).
(3) Release for free circulation is a Union customs procedure. Under Article 201 (2) and (3) of Regulation (EU) No 952/2013 of the European Parliament and of the Council of 9 October 2013 laying down the Union Customs Code, release for free circulation entails: (a) the collection of any import duties due; (b) the collection, as appropriate, of other charges, as provided for under the relevant provisions in force relating to the collection of those charges; (c) the application of commercial policy measures and prohibitions and restrictions insofar as they have not been applied at an earlier stage (in this specific case, the existence of a FLEGT licence shall be verified); and (d) completion of the other formalities laid down in respect of the importation of goods. Release for free circulation shall confer on non-European Union goods the customs status of European Union goods.
ANNEX IV
PROCEDURE FOR ISSUING FLEGT LICENCES
ARTICLE 1
General requirements for FLEGT licences
1. Timber products from Honduras that are listed in Annex I require a FLEGT licence to enter the Union.
2. The FLEGT licence is issued by the Instituto de Conservación y Desarrollo Forestal, Áreas Protegidas y Vida Silvestre (ICF) and confirms that the consignment of timber products for export to the Union has been legally produced and verified in accordance with the criteria and procedures set out in this Agreement.
3. FLEGT licences will be issued in paper or electronic form.
4. A FLEGT licence will be issued for each consignment by each exporter to the first point of entry in the Union.
5. Paper and electronic FLEGT licences will include the information specified in Appendix 1, which must be completed in accordance with the instructions in Appendix 2.
6. Before customs clearance, the applicant will submit to the customs authority the FLEGT licence to export to the Union, or the H-legal licence to export to other destinations, attaching the other required documents. The procedures for issuing the FLEGT licence or the H-legal licence and its relationship with the Single Customs Declaration (DUA) will be developed during the preparation and organisation phase of this Agreement.
7. Once the FLEGT licence expires it will be considered void.
8. Where it is not possible to include all the information specified in the form set out in Section 1 of Appendix 1 for consignments comprising different types of timber products, an authorised annex may be added to the FLEGT licence with the quantitative and qualitative information specified in section 2 of Appendix 1.
9. The authorised annex in accordance with paragraph 8 will include information about the description of the consignment that does not fit in the relevant boxes in the form set out in Section 1 of Appendix 1.
10. If the qualitative information is given in an annex (additional pages), the relevant boxes on the FLEGT licence will not give the information on the consignment but will refer to the annex (additional pages).
11. The requirements and procedures for extending the validity and defining the withdrawal, replacement and management of FLEGT licences will be developed during the preparation and organisation phase of this Agreement. The procedures for issuing FLEGT licences will be made public.
12. The Government of Honduras will provide the Union with an authenticated sample FLEGT licence, examples of the stamps of the licensing authority and signatures of authorised staff.
13. Original, duplicate and replacement FLEGT licences will not be considered valid and will not be accepted if the means of issuing them as established in this Annex are altered or modified.
14. For all approved FLEGT licences, the original and all types of copies will be issued to the exporter in accordance with the relevant provisions of this Agreement.
ARTICLE 2
Responsibility of the FLEGT licensing authority
1. The licensing authority in Honduras is the ICF via the FLEGT Licensing Unit. The ICF's Legality Verification Unit is responsible for verifying legal compliance.
2. The licensing authority is responsible for the exchange of information between Honduras and the competent authorities of Union Member States, and other Honduran authorities with responsibility for issues associated with FLEGT licences.
3. The licensing authority may extend the period of validity (once only) for up to three (3) months at the request of the exporter. On extending the FLEGT licence the licensing authority will insert and validate the new expiry date.
4. The licensing authority will use a tamper-proof method to ensure the authenticity of FLEGT licences and avoid erasures or alterations.
5. The licensing authority will establish systems to keep paper and electronic records of licences in order to respond to the exporter's application, taking into account its geographical location. The FLEGT licensing scheme will be gradually linked to the Honduras One-Stop Shop System for External Trade (Sistema de Ventanilla Única de Comercio Exterior de Honduras, VUCEH), where conditions allow.
6. In any event, whether the validity of a FLEGT licence is extended or the licence is withdrawn or replaced, the licensing authority will inform the competent authority of the relevant Union Member State.
7. The licensing authority will manage a database for applications received, FLEGT licences issued and applications rejected.
ARTICLE 3
Procedure for issuing FLEGT licences
1. The procedure to ensure the legality of the products, in accordance with Annex V, will be carried out before issuing the FLEGT licence. The steps for managing FLEGT licences are described below (see Figure 1).
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(a) |
To obtain a FLEGT licence, the exporter will present:
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(b) |
On receipt of the application, the FLEGT Licensing Unit will:
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(c) |
Based on the information collected on compliance with all applicable indicators of the Legality Matrices and the supply chain requirements, the Legality Verification Unit will determine whether or not the legality requirements have been met and provide the FLEGT Licensing Unit with the following:
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(d) |
Based on the application, the supporting documents and the Legality Verification Unit's decision on legal compliance, the FLEGT Licensing Unit will issue or refuse the FLEGT licence. |
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(e) |
All information relating to the granting of a FLEGT licence will be entered in a special database. |
2. All timber products referred to in Annex I, including samples and demonstration products, are subject to the FLEGT licensing scheme when exported to the Union market.