1 4401.21 Coniferous wood in or particles. Astillas o chips 2 4401.22 Nonconiferous 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 whether or not stripped of bark or sapwood, or roughly squared. Not treated with paint, creosote or other preservatives, Nonconiferous. Of tropical wood from natural forests. (SA 4403.49.00.00 in Honduras). Export prohibited 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 walkingsticks, umbrellas, tool handles or the like; chipwood and the like. Estacas, de escoba, palillos, nasas, tampas 6 4406 Railway or tramway sleepers (crossties) of wood. Durmientes 7 4407 Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, spliced or endjointed, of a thickness exceeding 6 mm. Madera aserrada, madera cepillada, madera en bloque, cuartones 8 4408 Sheets for veneering (including 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 endjointed, of a enchapado, plywood
Indigenous and Tribal Peoples and the national legislation in force. PRINCIPLE 3. FORESTRY SECTOR OPERATORS COMPLY WITH THE LAWS AND ON FORESTRY MANAGEMENT, HARVESTING, TRANSPORT, PROCESSING OF, AND TRADE IN, TIMBER PRODUCTS. Criterion 3.1 Owners and userfructuaries of land with forest management contracts have forest management or special plans for agroforestry systems that fulfil the relevant legal requirements. 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. Means of verification: 1. Approved and valid forest management plan. Legal reference: Articles 70 and 74, Decree No 982007, Law on Forestry, Protected Areas and Wildlife. Competent institution: The ICF, Department of Forest Management and Development. Indicator 3.1.2 The userfructuaries (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. Means of verification: 1. Approved and valid Forest Management Plan for national public forest areas. Legal reference: Articles 70 and 74, Decree No 982007, Law on Forestry, Protected and Wildlife. Competent institution: The ICF, Department of Community Forest Development and Department of Forest Management and Development. 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. Means of verification: 1. Approved and valid special plan for agroforestry systems (PESA). Legal reference: ICF Agreement No 0102015, approving the Instructions for the Application of the Technical Standards for Special Agroforestry Systems Plans, on estates of less than 100 hectares. Competent institution: The relevant ICF Regional Forestry Office. Indicator 3.1.4 Owners and userfructuaries of forest 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. Means of verification: 1. Approved Annual Operating Plan (AOP) (for owners of forest and userfructuaries of forests Legal reference: For means 1: Article 70(2), Decree No 982007, Law on Forestry, Competent institution: The ICF, Department of Forest Management and Development.
quantified in this way. This information may be omitted. Box marks State any marks where appropriate, e.g. batch number, bill of lading number. This information may be omitted. Box Signature and stamp of the FLEGT licensing authority The box must be signed by the authorised official and stamped with the official stamp of the FLEGT licensing authority. The place and date must also be stated. ________________
identification of property and property owners throughout the entire country; as such it maintains the national register of all acts and relating to registration of property and ownership, including the listing, recognition, transmission, transfer, modification, taxation and cancellation of property rights. 4.2.5 Ministry of Employment and Social Security (STSS) The STSS has overall responsibility for employment policy and social protection systems for welfare and social security for workers and employers. 4.2.6 Honduran Institute of Social Security (IHSS) The Honduran Institute of Social Security is an autonomous entity, with legal personality and its own assets, independent of the national tax authority. Since its creation, it has been responsible for guiding, directing, providing and administering social security services to the working population of Honduras. Under the Constitution of the Republic, the Government, employers and workers are obliged to contribute to the funding, improvement and expansion of the social security system. Social security for the working class in Honduras primarily rests on the coverage offered by the IHSS, hence its major influence on governance in health and social security matters. Outside the country’s main cities (Tegucigalpa, San Pedro Sula, Ceiba and Puerto Cortés) where the largest forest operators are located, the IHSS is not represented in the other population centres of the country, and even less so in rural areas, where most forest operators work. 4.2.7 Ministry of Energy, Natural Resources, Environment and Mines (MiAmbiente) MiAmbiente is responsible for the formulation, coordination, execution and assessment of policies relating to the environment, ecosystems, the protection and use of resources, coordination, the protection of flora and fauna, and compliance with the Environmental Impact Assessment on primary and secondary forest product companies.
Under the LAS the IAIP’s responsibilities include ensuring that citizens are able to exercise their right to participate in the management of public affairs, and that there is transparency in the exercise of public functions and in the relations between the State and private individuals. Information concerning the forestry sector is published on the IAIP’s single transparency portal and on the ICF portal, and is described in detail on the portal of each institution. In addition, Annex VIII includes a supplementary measure to set up a management system for information intended for the public. 4.2.11.8 National Commission on Human Rights (CONADEH) The CONADEH monitors compliance with the rights and guarantees laid down in the Constitution of the Republic, the Universal Declaration of Human Rights and other treaties and conventions ratified by Honduras. 4.2.11.9 National Research System for Forests, Protected and Wildlife (SINFOR) SINFOR is a publicprivate interinstitutional platform created by the 2007 Forestry Law which organises, fosters and promotes scientific research into the forestry sector, protected areas, wildlife and the like, and encourages transfers of knowhow and technology in Honduras. Its role includes providing uptodate information for the formulation of policies, and regulations that ensure sustainability and governance for the sector. In its work of planning and fostering research into forests, protected areas and wildlife, SINFOR’s priority is to seek research opportunities that can be identified in national plans and strategies, such as the National Strategy for the Control of Illegal Felling and Transport of Forest Products (ENCTI), and strategic plans for each of the member institutions and other initiatives relating to the sector. 4.3 Private forestry sector Under the LAS, the private forestrysector actors include those who, for profit, manage or
Creation of a database for the Legality Verification Unit To be able to verify operators’ compliance with the indicators in the legality matrices and the requirements of the LAS, the Legality Verification Unit will need a tool to receive and update information, which provides access to actors involved in the LAS, by means of interconnection with the databases of the information systems of the institutions involved in LAS enforcement. The creation of this database will facilitate supplychain verification and control procedures, which is one of the key elements of the LAS. The objective is therefore to develop it over the medium term, during the preparatory and organisational phase of this Agreement. Creation of an IT System for Forestry Registration, Administration and Control (SIRACOF) This system is included in the results of the National Strategy against Illegal Logging (ENCTI) as a computer tool to increase the efficiency of the processing of formalities, the transparency of administrative procedures and the quality of the information in the records, and to support the control mechanisms in the forest value chain, from the forest to the processing centres and to the products’ placement on the market. Significant progress has been made in developing the SIRACOF by creating and continually upgrading the systems that form its basis, since they manage, process and administer the basic information, just like the SNIF, the SIRMA and the Geoportal. Creation of a recordkeeping system at the STSS The STSS will need a system that will enable it to verify that operators are complying with the indicators related to its areas of responsibility.
Appendix 1 Links in the supply chain (pine forest) 1 Identification of the product 2 Declaration of data 3 Verification of data 2.1 Activity and responsibility 2.2 Data to declare 3.1 Validation 3.2 Reconciliation 1. Import of timber products The product is identified in the Single Customs Declaration (SCD) and in the product details on the import invoice. The importer, via the SCD and import invoice for each shipment. For each shipment, the import invoice and the SCD include: Seal number. Origin. Importer details. Description of the product (species). Quantity (weight and/or volume). Tariff heading. Customs procedure employed. Transport code. The Customs Authority systematically verifies the shipment’s supporting documents and may physically check the goods against the documentation (SCD and invoice), according to the level of risk identified. Import of timber products is one of the links in the supply chain and data cannot be compared with previous steps. Observations: Appropriate procedures will be established to verify and check imports of timber products under the CITES (established in conjunction with the Customs Authority, SAG and ICF). Customs procedure employed: defines the final destination of the goods and is established by the importer (e.g. free zone, customs warehouse, transit, final consumption or use). Transport code: defines the means of transport (type, capacity, etc.). 2. Transit of timber products The product is identified in the Single Transit Declaration and in the product details on the invoice. The importer, via the Single Transit Declaration and invoice for each shipment. For each shipment, the invoice and the Single Transit Declaration include: Seal number. Origin. Importer details. Description of the product (species). The Customs Authority systematically verifies the shipment’s supporting documents and may physically check the means of transport against the The Customs Authority reconciles the information on the Single Transit Declaration and recorded on with the information on the
by species. Observations: Two types of plantation certificate exist: CPROTE (for protection) and CPLANTA (for harvesting). Annex VIII includes a supplementary measure to regulate harvesting in certified plantations. 4. Harvesting of production of sawlogs and stockpiling in the forest or in collection centres Marking of the boundaries of the harvesting site and details of the trees to be felled in the harvesting application. The holder of the AOP, AFP, rescue plan, recovery plan or forest plantation certificate submits the harvesting application to the ICF. The harvesting application includes: geographical location of the site number of trees to fell volume to extract road network, and location of stockpiles or collection centres. The ICF field inspection is compared against the information submitted in the harvesting application to check: (1) Geographical location of the harvesting site. (2) Road network. (3) Location of stockpiles or collection centres. (4) Sampling of trees felled (stumps). The ICF progressively reconciles the volume harvested with the volume authorised according to the transport permits reported using the reconciliation tools provided by the Timber Traceability IT System (SIRMA). Observations: For each type of forest area subject to forest inventory, harvesting of trees is subject to submission of an application by the holder and approval by the ICF. Stockpile or collection centre: place where timber products are stacked for later transfer. 5. Transportation of roundwood from the forest to primary forest product companies The dimensions, number of pieces and volume per vehicle are detailed in the transport permit. The holder of the harvesting licence declares in the transport permit the information relating to the products to be transported. The following are declared in the transport permit: Date of transportation. Origin. Destination and consignee. Harvesting licence identification number. Number of pieces. volume. Carrier Vehicle registration number. During roadside checks, law enforcement agents verify that the contents of the load match the details on the transport permit. The ICF progressively reconciles the transport permits declared by the holder of the harvesting licence with the transport permits declared by the forest product companies and timber yards using the reconciliation tools provided by the SIRMA.
volumes. based on the record of production volumes. (ii) Inputs of timber products. (iii) Production (of timber products). (iv) Outputs (sales or transfers) (v) Final inventory of timber products. product company’s monthly production report is checked against the information collected by the ICF: (1) Review of the records of inputs, production volumes and sales. (2) Inventory of existing volume. company’s monthly production report with the data of the sellers’ reports on submission of authorised invoices and waybills. When the timber products come directly from the forest, the ICF reconciles the data of the forest product company’s monthly production report with the data of the transport permits declared by the licence holder. Observations: The SARauthorised invoice is issued when timber products are sold and accompanies the waybill throughout transportation of timber products from one link in the to the next. 9. Timber yard Movements of timber products are entered in the record of inputs and outputs. The owner of the timber yard, via monthly reports on inputs and outputs based on the record of inputs and outputs. The monthly report on inputs and outputs includes: (i) Initial inventory of timber products. (ii) Inputs of timber products. (iii) Outputs (sales or transfers) (iv) Final inventory of timber products. During field inspections, the ICF checks the information provided in the timber yard’s monthly report on inputs and outputs against the information collected: (1) Review of the record of inputs and outputs. (2) Inventory of existing volume. Via the SIRMA, the ICF reconciles the data of the monthly report on the timber yard’s inputs and outputs with the data of the sellers’ reports on submission of SARauthorised invoices and waybills. When the timber products come directly
plans for agroforestry systems (SPAS) Observations: AFPs are drawn up for areas with an SPAS. 3.3 Forest inventory in rescue plans Similar to pine forest. Similar to pine forest. Similar to pine forest. Similar to pine forest. Similar to pine forest. Observations: Rescue plan: authorisation to harvest trees affected by natural phenomena, pests or diseases, or in cases in which construction works are required. 3.4 Forest inventory in recovery plans Similar to pine forest. Similar to pine forest. Similar to pine forest. Similar to pine forest. Similar to pine forest. Observations: Recovery plan: authorisation to harvest remnants of or byproducts resulting from the following authorisations: AOP, AFP, plantation certificates and rescue plans. 3.5 Forest inventory for harvesting of forest plantations certified by the ICF Similar to pine forest. Similar to pine forest. Similar to pine forest. Similar to pine forest. Similar to pine forest. Observations: Two types of plantation certificate exist: CPROTE (for protection) and CPLANTA (for harvesting). Annex VIII includes a supplementary measure to regulate harvesting in certified plantations. 4. Harvesting of trees and production of roundwood and sawn timber Marking of the boundaries of the harvesting site and details of the trees to be felled in the harvesting application. The holder of the AOP, AFP, rescue plan, recovery plan or forest plantation certificate submits the harvesting application to the ICF. The harvesting application includes: geographical location of the site geographical coordinates of the trees to be harvested number of to fell volume to extract geographical location of the stockpiles. The ICF compares information from field visits against the information submitted in the harvesting application: (1) Geographical location of the harvesting site. (2) Sample of The ICF progressively reconciles the volume harvested with the volume authorised according to the transport permits reported using the reconciliation tools provided by the Timber Traceability IT System
sector. High Strengthening coordination Coordinate the drafting of the legislation required for implementation of the LAS complaint procedures. ICF, SIIAVA 1.11 High Strengthening coordination Strengthen and put on official footing public participation aimed at improving forest governance. ICF 1.12 Medium Strengthening coordination Create and implement a public information management system. SIIAVA 2.1 High Capacitybuilding Develop and implement a capacitybuilding programme for institutions involved in the implementation of this Agreement. ICF, SIIAVA, ESNACIFOR and academic institutions. Medium Capacitybuilding Develop and implement a capacitybuilding plan for operators in the forestry sector. ICF 3.1 High Strategic action Streamline and simplify procedures for the activities of government institutions concerning the forest sector. ICF, SAR, SAG, IHSS, STSS 3.2 High Strategic action Evaluate and update the procedures in institutions involved in the implementation of this Agreement for handling infringements and imposing penalties. SIIAVA 3.3 High Strategic action Establish and implement a riskbased checking and verification procedure. ICF, MiAmbiente, PNP, MP 3.4 High Strategic action Update, maintain and implement the National Timber Traceability IT System (SIRMA). ICF 3.5 High Strategic action Create and implement new modules in the National Forestry Information System (SNIF). ICF 3.6 Medium Strategic action Draw up and implement policies to decentralise and devolve administrative procedures relating to the forestry sector in government institutions. ICF, SAR, SAG, IHSS, STSS
4.4 High Studies Carry out a baseline study on the level of compliance of forestry sector operators, including the environmental, social and economic aspects covered by the principles, criteria and indicators of this Agreement. ICF, SIIAVA 4.5 Medium Studies Study performance in primary and secondary industry processing as a basis for establishing controls in traceability systems. ICF, AMADHO, ESNACIFOR and other academic institutions. 4.6 Medium Studies Update the census of primary and secondary forestry companies and timber yards in order to implement control and verification mechanisms. ICF 5.1 High Legal instruments Create and institutionalise the SIIAVA. SDE, ICF, IP, INA, DINAFROH, MiAmbiente, SAG, SAR, DARA, IAIP, Police, FFAA, PGR, IHSS, STSS, ESNACIFOR and other academic institutions. 5.2 High Legal instruments Create and implement a legal instrument for due diligence in the national timber product market. ICF, PGR, MP 5.3 High Legal instruments Create and implement a legal instrument for due diligence in imports of timber products. ICF, DARA, BCH 5.4 High Legal instruments Assess, update and implement the rules on control mechanisms for timber and timber products in transit and timber and timber products imported into the country. DARA, ICF, SAR 5.5 High Legal instruments Create and implement a regulation to define the procedures for issuing legality certificates and FLEGT and HLegal licences. ICF 5.6 High Legal instruments Create and implement rules for the harvesting of scattered trees outside forests. ICF