DEFINITION OF LEGALITY. Legally produced timber needs to be defined on the basis of the laws applicable in Liberia. The definition used must be unambiguous, objectively verifiable and operationally workable and, as a minimum, include those laws which cover:
DEFINITION OF LEGALITY. The legality of timber under this Agreement is defined in Annex II. This Annex is closely linked to the other Annexes as part of the Honduran Legality Assurance System for Timber Products (LAS). It includes a definition of the legal requirements applied under the Voluntary Partnership Agreement that are linked to the challenges to forest governance identified by the actors in the sector in a national dialogue. The detailed definition of legality in the legality matrices provides the basis for checking the various supply‑chain operators’ compliance with the indicators, means of verification and traceability requirements and the respective monitoring and control by the relevant institutions. Independent audits ensure that the system is as effective and efficient as it should be.
DEFINITION OF LEGALITY. For the purposes of this Agreement, the definition of legal timber is the one given in Annex II. Legal timber is defined on the basis of the laws and legal instruments in force in Honduras at the time of issuing the FLEGT licences. The definition used must be unambiguous, objectively verifiable and operationally workable, at least for the laws which regulate the following areas: Felling and harvesting rights: allocating legal rights to felling and harvesting/extracting timber in a legally determined area with an ICF (Forest Conservation Institute) authorisation. Forestry operations: complying with legal requirements for forest management, in particular compliance with the relevant environmental and labour laws at all stages of the forest‑products supply chain. Fees and taxes: paying legally established fees and taxes on timber imports, at municipal and national level, as a prerequisite for obtaining felling, harvesting, transport, large‑scale production, processing and marketing rights for timber. Other users: respecting other parties’ tenure or rights to use land and other natural resources, where such rights may be claimed by other parties who may be affected by the felling and harvesting of timber and other natural resources. Trade and customs: complying with legal requirements and trade and customs procedures, including paying import tariffs on forest products and export duties. The audit of the LAS should include the following questions:
DEFINITION OF LEGALITY. Legally produced timber should be defined on the basis of the laws applicable in Guyana. The definition used must be unambiguous, objectively verifiable and operationally workable and, as a minimum, include the legislation which cover: • Harvesting rights:the allocation of forest concessions and the granting of legal rights to harvest timber within legally gazetted boundaries. • Forestry operations:compliance with legal requirements regarding forest management including compliance with relevant environmental and employment legislation. • Fees and taxes:compliance with legal requirements concerning taxes, royalties, and fees 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:
DEFINITION OF LEGALITY. Legally produced timber should be defined on the basis of the laws applicable in Guyana. The definition used must be unambiguous, objectively verifiable and operationally workable and, as a minimum, include the legislaion which cover: Harvesting rights:-the allocation of forest concessions and the granting of legal rights to harvest timber within legally gazetted boundaries. Forestry operations:-compliance with legal requirements regarding forest management including compliance with relevant environmental and employment legislation. Fees and taxes:-compliance with legal requirements concerning taxes and fees 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: Have the definition of legality and the legality verification standards been amended since this VPA was concluded? Has the relevant labour legislation been included in the Legality Definitions as per Xxxxx XX? In the event of amendments to the Legality Definition, key questions will include: Were all relevant stakeholders consulted about these amendments, and were any subsequent changes to the legality verification system done through a process that took adequate account of their viewpoints? Is it clear what legal instrument underpins each new element of the definition? Are criteria and indicators that can be used to test compliance with each element of the definition specified? Are the criteria and indicators clear, objective and operationally workable? Do the criteria and indicators clearly identify the roles and responsibilities of all relevant parties and does the verification assess their performance? Does the definition of legality include the main areas of existing law and regulations outlined above? If not, why were certain areas of law and regulations left out from the definition?
DEFINITION OF LEGALITY. The legality of timber under this Agreement is defined in Annex II. That Annex is closely linked to the other Annexes as part of the LAS. It includes a definition of the legal requirements applied under the Voluntary Partnership Agreement that are linked to the challenges to forest governance identified by the actors in the sector in a national dialogue. The detailed definition of legality in the Legality Matrices provides the basis for checking the various supply- chain operators' compliance with the indicators, means of verification and traceability requirements and the respective monitoring and control by the relevant institutions. Independent audits ensure that the system is as effective and efficient as it should be.
