EN
L 121/136
Official Journal of the European Union
5.5.2023
ANNEX VIII
CRITERIA FOR ASSESSING THE OPERATIONALITY OF THE GUYANA TIMBER LEGALITY ASSURANCE SYSTEM (GTLAS)
BACKGROUND A joint independent technical evaluation of the GTLAS will be carried out before the FLEGT licensing of timber exports to the Union commences.
This joint technical evaluation will assess the entire system to determine whether adequate mechanisms are in place to ensure the GTLAS functions and performs in practice as intended.
The evaluation will review the system description with special focus on any amendments made to this Agreement after its entry into force.
The terms of reference (ToR) for the independent technical evaluation will be jointly agreed between the Parties, within the Joint Monitoring and Review Committee (JMRC).
The independent technical evaluation will cover the following: — the Legality Definition, which lists the laws of Guyana that must be complied with in order for a licence to be issued; — the control of the supply chain to track timber products from the forest to the point of export or domestic sale, and from the point of import to the point of export or domestic sale; — the verification procedures to determine compliance with all elements of the Legality Definition and control of the supply chain; — the procedures for issuing export certificates and for issuing FLEGT licences; and — the independent audit to ensure that the system is functioning as intended.
Based on experience with other agreements, the assessment of the GTLAS may be carried out using a stepwise and iterative approach whereby any weaknesses and cases of non-compliance with the GTLAS identified during the assessment can be progressively addressed through the planned implementation of corrective measures.
1.
LEGALITY DEFINITION Legally produced timber is defined on the basis of the legal framework applicable in Guyana that covers: — Harvesting rights: the allocation of forest concessions and the granting of legal rights to harvest timber within legally defined boundaries. — Forestry operations: compliance with legal requirements regarding forest management and operations, including compliance with relevant environmental and social legislation. — Fees and taxes: compliance with legal requirements concerning taxes, royalties and fees (or any other revised revenue system) directly related to timber harvesting and harvesting rights. — Other users: respect for other parties' legal tenure or rights of use of land and resources that may be affected by timber harvesting rights, where such other rights exist. — Trade and customs: compliance with legal requirements for trade and customs procedures.
Key questions: 1.1.
Are the legal requirements clearly identified in the Legality Definition?
1.2.
Are principles, criteria and indicators that can be used to test compliance with each element of the Legality Definition specified?