欧盟与印尼之间的自愿伙伴协议制定委员会实施联合决定No 3/2015，采用该协议附件I、II和V 的修订案[2015/1382]
技术法规类型：欧盟Eurlex法规 来源：tbtmap
EURLEX ID：22015D1382
OJ编号：OJ L 213, 12.8.2015, p. 11-64
中文标题：欧盟与印尼之间的自愿伙伴协议制定委员会实施联合决定No 3/2015，采用该协议附件I、II和V 的修订案[2015/1382]
原文标题：Decision No 3/2015 of the Joint Implementation Committee set up by the Voluntary Partnership Agreement between the European Union, of the one part, and the Republic of Indonesia, of the other part of 8 July 2015 adopting amendments to the Annexes I, II, and V of the Agreement [2015/1382]
分类：03.30.60_森林与林业;11.40.60_亚洲国家;11.60.30.20_共同进口管理
文件类型：外部关系 Decision|决定
生效日期：2015-08-01
废止日期：2058-12-31
法规全文：查看欧盟官方文件
| 12.8.2015 | EN | Official Journal of the European Union | L 213/11 |
DECISION No 3/2015 OF THE JOINT IMPLEMENTATION COMMITTEE SET UP BY THE VOLUNTARY PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION, OF THE ONE PART, AND THE REPUBLIC OF INDONESIA, OF THE OTHER PART
of 8 July 2015
adopting amendments to the Annexes I, II, and V of the Agreement [2015/1382]
THE JOINT IMPLEMENTATION COMMITTEE,
Having regard to the Voluntary Partnership Agreement between the European Union and the Republic of Indonesia (hereinafter referred to as the ‘Agreement’), which following ratification by the Parties entered into force on 1 May 2014,
Whereas:
| (1) | The Agreement provides in Article 22, paragraph 3 that the Joint Implementation Committee may adopt amendments to the Annexes to this Agreement, |
| (2) | The Parties have agreed that there is a need to update the Annexes I, II, and V to the agreement in order to reflect changes made after the conclusion of the Agreement in the relevant Indonesian legislation and guidelines concerning the application of the Indonesian Timber Legality Assurance System. |
| (3) | The proposed changes are aimed at further strengthening the TLAS and facilitate participation in the system by all economic operators. |
HAS DECIDED AS FOLLOWS:
Article 1
The Annexes I, II and V to the Agreement are replaced by amended version as set out in the Annex to this Decision.
Article 2
This Decision shall be drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Indonesian (Bahasa Indonesia) languages, each of these texts being authentic. In case of divergence of interpretation the English text shall prevail.
Article 3
This Decision shall enter into force on 1 August 2015.
Done in Jakarta, Indonesia, 8 July 2015.
For the Republic of Indonesia
Dr Ir. Ida Bagus Putera PARTHAMA, M.Sc
DG Sustainable Forest Management, MOEF
For the European Union
Colin CROOKS
Acting Head of the EU Delegation to the Republic of Indonesia
ANNEX
ANNEX I
PRODUCT COVERAGE
The list in this Annex refers to the Harmonised Commodity Description and Coding System established by the International Convention on the Harmonised Commodity Description and Coding System of the World Customs Union.
ANNEX IA
THE HARMONISED COMMODITY CODES FOR TIMBER AND TIMBER PRODUCTS COVERED UNDER THE FLEGT LICENSING SCHEME
Chapter 44:
| HS CODES | DESCRIPTION | ||
|
| Fuel wood, in logs, in billets, in twigs, in faggots or in similar forms; wood in chips or particles; sawdust and wood waste and scrap, whether or not agglomerated in logs, briquettes, pellets or similar forms. | ||
| 4401.21 |
| ||
| Ex. 4401.22 |
| ||
| 4403 | Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared. (Prohibited from export under the Indonesian law. In line with Article 3(3) of the VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). | ||
| Ex. 4404.10 | Chipwood and the like - coniferous | ||
| Ex. 4404.20 | Chipwood and the like - non-coniferous - - Chipwood | ||
| Ex. 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. (Prohibited from export under the Indonesian law. In line with Article 3(3) of the VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). | ||
| 4406 | Railway or tramway sleepers (cross-ties) of wood. (Prohibited from export under the Indonesian law. In line with Article 3(3) of the VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). | ||
| Ex.4407 | Wood sawn or chipped lengthwise, sliced or peeled, planed, sanded or end-jointed, of a thickness exceeding 6 mm. | ||
| Ex. 4407 | Wood sawn or chipped lengthwise, sliced or peeled, not planed, not sanded or not end-jointed, of a thickness exceeding 6 mm. (Prohibited from export under the Indonesian law. In line with Article 3(3) of the VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). | ||
|
| 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 | ||
| 4408.10 | Coniferous | ||
| 4408.31 | Dark Red Meranti, Light Red Meranti, and Meranti Bakau | ||
| 4408.39 | Other, except coniferous, Dark Red Meranti, Light Red Meranti, and Meranti Bakau | ||
| Ex. 4408.90 | Other, except coniferous and tropical wood specified in Subheading Note 2 to this chapter (not from bamboo nor rattan) | ||
|
| 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. | ||
| 4409.10 |
| ||
| Ex. 4409.29 |
| ||
|
| 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 | ||
| Ex. 4410.11 |
| ||
| Ex. 4410.12 |
| ||
| Ex. 4410.19 |
| ||
| Ex. 4411 | Fibreboard of wood or other ligneous materials, whether or not bonded with resins or other organic substances (not from bamboo nor rattan) | ||
|
| Plywood, veneered panels and similar laminated wood | ||
| 4412.31 |
| ||
| 4412.32 |
| ||
| 4412.39 |
| ||
| Ex. 4412.94 |
| ||
| Ex. 4412.99 |
| ||
| Ex. 4413 | Densified wood, in blocks, plates, strips or profile shapes (not from bamboo nor rattan) | ||
| Ex. 4414 | Wooden frames for paintings, photographs, mirrors or similar objects (not from bamboo nor rattan) | ||
| Ex. 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 (not from bamboo nor rattan) | ||
| Ex. 4416 | Casks, barrels, vats, tubs and other coopers' products and parts thereof, of wood, including staves (not from bamboo nor rattan) | ||
| Ex. 4417 | Tools, tool bodies, tool handles, broom or brush bodies and handles, of wood; boot or shoe lasts and trees, of wood (not from bamboo nor rattan) | ||
| Ex. 4418 | Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes (not from bamboo nor rattan) | ||
| Ex. 4419 | Tableware and kitchenware, of wood (not from bamboo and rattan) | ||
|
| Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similawr articles, of wood. | ||
| Ex. 4420.90 |
| ||
|
| Other articles of wood | ||
| Ex. 4421.90 |
| ||
| Ex. 4421.90 |
|
Chapter 47:
| HS CODES | DESCRIPTION |
|
| Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard: |
| 4701 | Mechanical wood pulp |
| 4702 | Chemical wood pulp, dissolving grades |
| 4703 | Chemical wood pulp, soda or sulphate, other than dissolving grades. |
| 4704 | Chemical wood pulp, sulphite, other than dissolving grades |
| 4705 | Wood pulp obtained by a combination of mechanical and chemical pulping processes |
Chapter 48:
| HS CODES | DESCRIPTION |
| Ex. 4802 | Uncoated paper and paperboard, of a kind used for writing, printing or other graphic purposes, and non-perforated punch-cards and punch tape paper, in rolls or rectangular (including square) sheets, of any size, other than paper of heading 4801 or 4803; hand-made paper and paperboard (not from non-wooden nor recycled material) |
| Ex. 4803 | Toilet or facial tissue stock, towel or napkin stock and similar paper of a kind used for household or sanitary purposes, cellulose wadding and webs of cellulose fibres, whether or not creped, crinkled, embossed, perforated, surface-coloured, surface-decorated or printed, in rolls or sheets (not from non-wooden nor recycled material) |
| Ex. 4804 | Uncoated kraft paper and paperboard, in rolls or sheets, other than that of heading 4802 or 4803 (not from non-wooden nor recycled material) |
| Ex. 4805 | Other Uncoated paper and paperboard, in rolls or sheets, not further worked or processed than as specify in Note 3 to this chapter (not from non-wooden nor recycled material) |
| Ex. 4806 | Vegetable parchment, greaseproof papers, tracing papers and glassine and other glazed transparent or translucent papers, in rolls or sheets (not from non-wooden nor recycled material) |
| Ex. 4807 | Composite paper and paperboard (made by sticking flat layers of paper or paperboard together with an adhesive), not surface-coated or impregnated, whether or not internally reinforced, in rolls or sheets (not from non-wooden nor recycled material) |
| Ex. 4808 | Paper and paperboard, corrugated (with or without glued flat surface sheets), creped, crinkled, embossed or perforated, in rolls or sheets, other than paper of the kind described in heading 4803 (not from non-wooden nor recycled material) |
| Ex. 4809 | Carbon paper, self-copy paper and other copying or transfer papers (including coated or impregnated paper for duplicator stencils or offset plates), whether or not printed, in rolls or sheets (not from non-wooden nor recycled material) |
| Ex. 4810 | Paper and paperboard, coated on one or both sides with kaolin (China clay) or other inorganic substances, with or without binder, and with no other coating, whether or not surface-coloured, surface-decorated or printed, in rolls or rectangular (including square) sheets, of any size (not from non-wooden nor recycled material) |
| Ex. 4811 | Paper, paperboard, cellulose wadding and webs of cellulose fibres, coated, impregnated, covered, surface-coloured, surface-decorated or printed, in rolls or rectangular (including square) sheets, of any size, other than goods of the kind described in heading 4803, 4809 or 4810 (not from non-wooden nor recycled material) |
| Ex. 4812 | Filter blocks, slabs and plates, of paper pulp (not from non-wooden nor recycled material) |
| Ex. 4813 | Cigarette paper, whether or not cut to size or in the form booklets or tubes (not from non-wooden nor recycled material) |
| Ex. 4814 | Wallpaper and similar wall covering; window transparencies of paper (not from non-wooden nor recycled material) |
| Ex. 4816 | Carbon paper, self-copy paper and other copying or transfer papers (other than those of heading 4809), duplicator stencils and offset plates, of paper, whether or not put up in boxes (not from non-wooden nor recycled material) |
| Ex. 4817 | Envelopes, letter cards, plain postcards and correspondence cards, of paper or paper board; boxes, pouches, wallets and writing compendiums, of paper or paperboard, containing an assortment of paper stationary (not from non-wooden nor recycled material) |
| Ex. 4818 | Toilet paper and similar paper, cellulose wadding or webs of cellulose fibres, of a kind used for household or sanitary purposes, in rolls of a width not exceeding 36 cm, or cut to size or shape; handkerchief, cleansing tissues, towels, tablecloths, serviettes, napkins for babies, tampons, bed sheets and similar household, sanitary or hospital articles, articles of apparel and clothing accessories, of paper pulp, paper, cellulose wadding or webs of cellulose fibres (not from non-wooden nor recycled material) |
| Ex. 4821 | Paper or paperboard labels of all kinds, whether or not printed (not from non-wooden nor recycled material) |
| Ex. 4822 | Bobbins, spools, cops and similar support of paper pulp, paper or paper board whether or not perforated or hardened (not from non-wooden nor recycled material) |
| Ex. 4823 | Other paper, paperboard, cellulose wadding and webs cellulose fibres, cut to size or shape; other articles of paper pulp, paper, paperboard, cellulose wadding or webs of cellulose fibres (not from non-wooden nor recycled material) |
| Note: Paper products originating from non-wooden or recycled material are accompanied by a formal letter from the Indonesian Ministry of Industry validating the use of non-wooden or recycled materials. Such products will not be FLEGT licensed. | |
Chapter 94:
| HS CODES | DESCRIPTION | ||
|
| Seats (other than those of heading 94.02), whether or not convertible into beds, and parts thereof | ||
| 9401.61 |
| ||
| 9401.69 |
| ||
|
| Other furniture and parts thereof | ||
| 9403.30 |
| ||
| 9403.40 |
| ||
| 9403.50 |
| ||
| 9403.60 |
| ||
| Ex. 9403.90 |
| ||
|
| Prefabricated buildings | ||
| Ex. 9406.00 |
|
Chapter 97:
| HS CODES | DESCRIPTION |
|
| Original engravings, prints and lithographs. |
| Ex. 9702.00 | Wood in the form of logs or squared logs with simple process in the surface, carved or finely threaded or painted, does not have significant added-value and no significant change in shape (HS Ex. 9702.00.00.00 in Indonesia) (Prohibited from export under the Indonesian law. In line with Article 3(3) of the VPA, products under this HS code may not be FLEGT licensed and therefore may not be imported into the Union). |
ANNEX IB
THE HARMONISED COMMODITY CODES FOR TIMBER PROHIBITED FROM EXPORT UNDER INDONESIAN LAW
Chapter 44:
| HS CODES | DESCRIPTION | ||
| 4403 | Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared. | ||
| Ex. 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. | ||
| 4406 | Railway or tramway sleepers (cross-ties) of wood. | ||
| Ex. 4407 | Wood sawn or chipped lengthwise, sliced or peeled, not planed, not sanded or not end-jointed, of a thickness exceeding 6 mm. | ||
|
| Wood marquetry and inlaid wood; caskets and cases for jewellery or cutlery, and similar articles, of wood. | ||
| Ex. 4420.90 |
| ||
|
| Other articles of wood. | ||
| Ex. 4421.90 |
| ||
|
| Original engravings, prints and lithographs. | ||
| Ex. 9702.00 | Wood in the form of logs or squared logs with simple process in the surface, carved or finely threaded or painted, does not have significant added-value and no significant change in shape (HS Ex. 9702.00.00.00 in Indonesia). |
ANNEX II
LEGALITY DEFINITION
INTRODUCTION
Indonesian timber is deemed legal when its origin and production process as well as subsequent processing, transport and trade activities are verified as meeting all applicable Indonesian laws and regulations.
Indonesia has five legality standards articulated through a series of principles, criteria, indicators and verifiers, all based on the underlying laws, regulations and procedures. These standards can be further divided into sub-standards as described in the TLAS Guidelines.
The Indonesian legal framework also includes sustainable forest management standards defined for permit holders operating within production forest zones on state-owned land. All permit holders must comply with the criteria of legality as stipulated in the legality standards. Not later than the date when their first legality certification expires, permit holders operating within production forest zones on state-owned land must comply with both the legality standard and the sustainable forest management standard, as stipulated in the TLAS Guidelines.
Indonesia is committed to regularly review and improve the legality standards through a multistakeholder process.
The five legality standards are:
— Legality Standard 1: the standard for concessions within production forest zones on state-owned lands: Natural Forests, Plantation Forest, Ecosystem Restoration, Forest Management Right (Hak Pengelolaan);
— Legality Standard 2: the standard for community plantation forests and community forests within production forest zones on state-owned lands;
— Legality Standard 3: the standard for privately-owned forests;
— Legality Standard 4: the standard for timber utilisation rights within non-forest zones or from convertible production forest on state-owned lands;
— Legality Standard 5: the standard for primary and downstream forest based industries and traders.
The five legality standards apply to different types of timber permits as set out in the following table:
| Permit type or Right | Description | Land ownership/resource management or utilisation | Applicable legality standard |
| IUPHHK-HA/HPH | Permit to utilise timber from natural production forests | State owned/company managed | 1 |
| IUPHHK-HTI/HPHTI | Permit to establish and manage industrial plantation forest | State owned/company managed | 1 |
| IUPHHK-RE | Permit for forest ecosystem restoration | State owned/company managed | 1 |
| Forest management right (Perum Perhutani) | Right to manage plantation forest | State owned/company managed (state company) | 1 |
| IUPHHK- HTR | Permit for community or private forest plantation | State owned/community or privately managed | 2 |
| IUPHHK-HKM | Permit for community forest management | State owned/community managed | 2 |
| IUPHHK-HD | Permit for village forest management | State owned/managed by a single village | 2 |
| IUPHHK-HTHR | Permit to utilize timber from reforestation areas | State owned/community or privately managed | 2 |
| Private Land | No permit required | Privately owned/privately utilised | 3 |
| IPK/ILS | Permit to utilise timber from non-forest zones or from convertible production forest | State owned/privately utilised | 4 |
| IUIPHHK | Permit for establishing and managing a primary processing company | Not applicable | 5 |
| IUI Lanjutan or IPKL | Permit for establishing and managing a secondary processing company | Not applicable | 5 |
| TPTs (TPT, TPT-KB, TPT-KO) | Registered timber/processed-timber depots | Not applicable | 5 |
| IRT | Household industry | Not applicable | 5 |
| ETPIK Non-Producer | Non-producer registered exporters | Not applicable | 5 |
LEGALITY STANDARD 1: THE STANDARDS FOR CONCESSIONS WITHIN PRODUCTION FOREST ZONES
| No | Principles | Criteria | Indicators | Verifiers | Related Regulations (1) | ||||||
| 1 |
|
|
| Forest concession right certificate. | Government Regulation PP72/2010 Regulation of the Minister for Forestry P12/2010 Regulation of the Minister for Forestry P.30/2014 Regulation of the Minister for Forestry P.31/2014 Regulation of the Minister for Forestry P.33/2014 Regulation of the Minister for Forestry P.76/2014 | ||||||
| Proof of payment for the timber forest product utilisation permit. | |||||||||||
| Proof of other legal area utilization permit (if any) | |||||||||||
| 2. |
|
|
| The approved master plan & attachments (drawn up based on a comprehensive forest inventory conducted by technically competent staff) | Regulation of the Minister for Forestry P62/2008 Regulation of the Minister for Forestry P56/2009 Regulation of the Minister for Forestry P60/2011 Regulation of the Minister for Forestry P.33/2014 | ||||||
| The approved annual work plan (drawn up based on the master plan) | |||||||||||
| Maps (drawn up by technically competent staff, which describe the layout and boundaries of the areas covered by the plan of work) | |||||||||||
| Map indicating logging exclusion zones within the Annual Work Plan and evidence of implementation on the ground. | |||||||||||
| Harvesting locations (blocks or compartments) on the map are clearly marked and verified on the ground. | |||||||||||
|
| Timber forest product utilisation master plan document & attachments (on going applications are acceptable). | Regulation of the Minister for Forestry P62/2008 Regulation of the Minister for Forestry P56/2009 Regulation of the Minister for Forestry P60/2011 | ||||||||
| The location and extractable volumes of natural forest logs within areas to be harvested correspond with the work plan. | |||||||||||
| 3. |
|
|
| Approved Timber Production Report documents | Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 | ||||||
| Valid transport documents and attachments accompany logs from the log yard to primary forest products industry or registered log trader, including via intermediate log yards | Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 | |||||||||
| Timber administration marks/barcode (PUHH) on logs | Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 | |||||||||
| The application of the timber administration marks/barcode. | |||||||||||
| Valid transport document | Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 | |||||||||
|
| Payment Orders for Reforestation Funds and/or Forest Resources Fee. | Government Regulation PP22/1997 Government Regulation PP51/1998 Government Regulation PP59/1998 Regulation of the Minister for Forestry P18/2007 Regulation of the Minister for Trade 22/2012 | ||||||||
| Proof of Deposit made for the Payment of Reforestation Fund and/or Forest Resources Fee and the Payment Slips. | |||||||||||
| Payment of the Reforestation Funds and/or Forest Resources Fee is consistent with log production and the applicable tariff. | |||||||||||
|
| PKAPT documents | Regulation of the Minister for Industry and Trade 68/2003 Joint Regulation of the Minister for Forestry, Minister for Transportation, and Minister for Industry and Trade 22/2003 | ||||||||
| Registration documents which show the identity of the vessel and valid permit. | Regulation of the Minister for Industry and Trade 68/2003 Joint Regulation of the Minister for Forestry, Minister for Transportation, and Minister for Industry and Trade 22/2003 | |||||||||
|
| V-Legal marking is applied accordingly | Regulation of the Minister for Forestry P43/2014 | ||||||||
| 4. |
|
|
| Applicable EIA documents | Government Regulation PP27/2012 Regulation of the Minister for Environment 05/2012 | ||||||
| Environmental management plan and environmental monitoring plan documents | Government Regulation PP27/2012 Regulation of the Minister for Environment 05/2012 | |||||||||
| Proof of implementation of the environmental management plan and monitoring of significant environmental and social impacts | |||||||||||
| 5. |
|
|
| Implementation of OSH procedures | Government Regulation PP50/2012 Regulation of the Minister for Manpower & Transmigration 8/2010 Regulation of the Minister for Manpower & Transmigration 609/2012 | ||||||
| OSH equipment | |||||||||||
| Accident records | |||||||||||
|
| Workers belong to workers unions or company policies allow workers to establish or get involved in union activities | Act 13/2003 Regulation of the Minister for Manpower & Transmigration 16/2011 | ||||||||
| Collective labour agreement documents or company policy documents on labour rights | Act 13/2003 Regulation of the Minister for Manpower & Transmigration 16/2011 | |||||||||
| There are no underage workers | Act 23/2002 Act 13/2003 |
LEGALITY STANDARD 2: THE STANDARD FOR COMMUNITY PLANTATION FORESTS AND COMMUNITY FORESTS WITHIN PRODUCTION FOREST ZONES
| No | Principles | Criteria | Indicators | Verifiers | Related Regulations | ||||||
| 1. |
|
|
| Forest concession right certificate | Regulation of the Minister for Forestry P37/2007 Regulation of the Minister for Forestry P49/2008 Regulation of the Minister for Forestry P12/2010 Regulation of the Minister for Forestry P55/2011 | ||||||
| Proof of payment for the timber forest product utilisation permit. | |||||||||||
|
| Deed or proof of establishment. | Regulation of the Minister for Forestry P43/2014 | ||||||||
| 2. |
|
|
| Approved annual work plan document. | Regulation of the Minister for Forestry P62/2008 | ||||||
| Map indicating logging exclusion zones in the annual work plan and evidence of implementation on the ground. | |||||||||||
| Harvesting block location are clearly marked and can be verified on the ground. | |||||||||||
|
| Timber Forest Product Utilisation Master Plan document and attachments (on-going applications are acceptable) | Regulation of the Minister for Forestry P62/2008 | ||||||||
| The location and extractable volumes of logs within the area to be established to timber estate are to correspond to the work plan. | |||||||||||
|
| Approved Timber Production Report documents | Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 | ||||||||
| Legal transport documents and relevant attachments from the Log Yard to the Intermediate Log Yard and from Intermediate Log Yard to primary industry and/or registered log trader. | Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 | |||||||||
| Timber administration marks/barcode (PUHH) on logs. | Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 | |||||||||
| Permit holder applies timber marking consistently. | |||||||||||
|
|
| Log Transport Document to which is attached a log list document. | Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 | ||||||||
|
| Payment Order for Forest Resources Fee | Regulation of the Minister for Forestry P18/2007 Regulation of the Minister for Trade 22/2012 | ||||||||
| Proof of Payment of Forest Resources Fee | |||||||||||
| Payment of the Forest Resources Fee is consistent with log production and the applicable tariff. | |||||||||||
|
| V-Legal marking is applied accordingly | Regulation of the Minister for Forestry P43/2014 | ||||||||
| 3. |
|
|
| Applicable EIA documents | Government Regulation PP27/2012 Regulation of the Minister for Environment 05/2012 | ||||||
| Relevant environmental management and monitoring documents | Government Regulation PP27/2012 Regulation of the Minister for Environment 05/2012 | |||||||||
| Proof of implementation of environmental management and monitoring of significant environmental and social impacts | |||||||||||
| 4 |
|
|
| Implementation of OSH procedures | Government Regulation PP50/2012 Regulation of the Minister for Manpower & Transmigration 8/2010 Regulation of the Minister for Manpower & Transmigration 609/2012 | ||||||
| OSH equipment | |||||||||||
|
| There are no underage workers | Act 23/2002 Act 13/2003 |
LEGALITY STANDARD 3: THE STANDARD FOR PRIVATELY-OWNED FORESTS
| No. | Principles | Criteria | Indicators | Verifiers | Related Regulations | ||||||
| 1. |
|
|
| Valid land ownership or land tenure documents (land title documents recognized by competent authorities) | Act 5/1960 Regulation of the Minister for Forestry P33/2010 Government Regulation PP12/1998 Regulation of the Minister for Trade 36/2007 Regulation of the Minister for Trade 37/2007 Act 6/1983 Regulation of the Minister for Forestry P43/2014 | ||||||
| Land Cultivation Right. Deed of Establishment of the Company Business licence for companies engaging in trading business (SIUP) Company registration (TDP) Tax payer registration (NPWP) OSH Document Collective labour agreement documents or company policy documents on labour rights | |||||||||||
| Map of the area of private forest and boundaries delineated on the ground. | |||||||||||
| Log Transport Document | Regulation of the Minister for Forestry P30/2012 | |||||||||
| Proof of payment of Reforestation Fund and/or Forest Resources Fee and compensation to the state for the value of stumpage cut. | Regulation of the Minister for Forestry P18/2007 | |||||||||
|
| Deed or proof of establishment | Regulation of the Minister for Forestry P43/2014 | ||||||||
|
| V-Legal marking is applied accordingly | Regulation of the Minister for Forestry P43/2014 | ||||||||
| 2. |
|
|
| Implementation of OSH procedures | Government Regulation PP50/2012 Regulation of the Minister for Manpower & Transmigration 8/2010 Regulation of the Minister for Manpower & Transmigration 609/2012 | ||||||
| OSH equipment | |||||||||||
| Accident records | |||||||||||
|
| Workers belong to workers unions or company policies allow workers to establish or get involved in union activities | Act 13/2003 Regulation of the Minister for Manpower & Transmigration 16/2001 | ||||||||
| Collective labour agreement documents or company policy documents on labour rights | Act 13/2003 Regulation of the Minister for Manpower & Transmigration 16/2011 | |||||||||
| There are no underage workers | Act 23/2002 Act 13/2003 | |||||||||
| 3 |
|
|
| Applicable EIA documents | Government Regulation PP27/2012 Regulation of the Minister for Environment 05/2012 | ||||||
| Environmental management plan and environmental monitoring plan documents | Government Regulation PP27/2012 Regulation of the Minister for Environment 05/2012 | |||||||||
| Proof of implementation of the environmental management plan and monitoring |
LEGALITY STANDARD 4: THE STANDARD FOR TIMBER UTILISATION RIGHTS WITHIN NON-FOREST ZONES OR FROM CONVERTIBLE PRODUCTION FOREST
| No. | Principles | Criteria | Indicators | Verifiers | Related Regulations | ||||||
| 1. |
|
|
| ILS/IPK permits for harvesting operations in the lease area (including applicable environmental impact assessment/EIA document of non forestry business) | Government Regulation PP27/2012 Regulation of the Minister for Forestry P18/2011 Regulation of the Minister for Forestry P59/2011 Regulation of the Minister for Environment 05/2012 | ||||||
| Maps attached to the ILS/IPK permits of the lease area and evidence of compliance on the ground. | |||||||||||
|
| Business permit and maps attached to the permit (including applicable environmental impact assessment/EIA document of non forestry business). | Government Regulation PP27/2012 Regulation of the Minister for Forestry P33/2010 Regulation of the Minister for Forestry P14/2011 Regulation of the Minister for Forestry P59/2011 Regulation of the Minister for Environment 05/2012 | ||||||||
| IPK in conversion areas | |||||||||||
| Maps attached to IPK | |||||||||||
| Documents authorising changes in the legal status of the forest (this requirement applies to both IPK permit holders and business permit holders) | |||||||||||
| IPK in conversion areas | Regulation of the Minister for Forestry P14/2011 | |||||||||
| Maps attached to IPK | |||||||||||
|
| Planning document of IPK | Government Regulation PP27/2012 Regulation of the Minister for Forestry P14/2011 Regulation of the Minister for Environment 05/2012 | ||||||||
| Business permit and maps attached to the permit (including applicable environmental impact assessment/EIA document of non forestry business). | |||||||||||
| IPK in conversion areas | |||||||||||
| Maps attached to IPK | |||||||||||
| IPK in conversion areas | Regulation of the Minister for Forestry P14/2011 | |||||||||
| Maps attached to IPK | |||||||||||
| 2. |
|
|
| IPK/ILS work plan documents | Regulation of the Minister for Forestry P62/2008 Regulation of the Minister for Forestry P53/2009 | ||||||
| Forest inventory documents | Regulation of the Minister for Forestry P62/2008 Regulation of the Minister for Forestry P41/2014 | |||||||||
| Timber Production Report documents (LHP) | |||||||||||
|
| Payment Order for Forest Resources Fee | Regulation of the Minister for Forestry P18/2007 | ||||||||
| Proof of payment of Forest Resources Fee | |||||||||||
| Payment of the Forest Resources Fee is consistent with log production and the applicable tariff. | |||||||||||
| Logs Transportation Invoice (FAKB) and log list for small diameter logs | Regulation of the Minister for Forestry P41/2014 | |||||||||
| Log Legality Document (SKSKB) and log list for large diameter logs | |||||||||||
|
| V-Legal marking is applied accordingly | Regulation of the Minister for Forestry P43/2014 | ||||||||
| 3. |
|
|
| OSH procedures | Government Regulation PP50/2012 Regulation of the Minister for Manpower & Transmigration 8/2010 Regulation of the Minister for Manpower & Transmigration 609/2012 | ||||||
| OSH equipment | |||||||||||
| Accident records | |||||||||||
|
| There are no underage workers | Act 23/2002 Act 13/2003 |
LEGALITY STANDARD 5: THE STANDARD FOR PRIMARY AND DOWNSTREAM FOREST-BASED INDUSTRIES AND TRADERS
| No. | Principles | Criteria | Indicators | Verifiers | Related Regulations | ||||||||||
| 1. |
|
|
| The deed of establishment of the company and latest amendments to the deed (the Company's Establishment Deed) | Act 6/1983 Act 3/2014 Government Regulation PP74/2011 Government Regulation PP27/2012 Regulation of the Minister for Law & Human Rights M.01-HT.10/2006 Regulation of the Minister for Trade 36/2007 Regulation of the Minister for Trade 37/2007 Regulation of the Minister for Industry 41/2008 Regulation of the Minister for Home Affairs 27/2009 Regulation of the Minister for Trade 39/2011 Regulation of the Minister for Environment 05/2012 Regulation of the Minister for Trade 77/2013 Regulation of the Minister for Forestry P9/2014 Regulation of the Minister for Forestry P55/2014 | ||||||||||
| Permit to engage in trading business (Business Licence/SIUP) or trading permit, which may be Industrial Business Permit (IUI) or Industrial Registration Certificate (TDI) | |||||||||||||||
| Nuisance/disturbance permit (permit issued to the company for affecting the environment around which it operates its business) | |||||||||||||||
| Company Registration Certificate (TDP) | |||||||||||||||
| Tax Payer Identification Number (NPWP) | |||||||||||||||
| Availability of applicable environmental impact assessment documents | |||||||||||||||
| Availability of Industrial Business Permit (IUI) or Permanent Business Permit (IUT) or Industrial Registration Certificate (TDI) | |||||||||||||||
| Availability of Raw Materials Stock Planning (RPBBI) for primary industry. | |||||||||||||||
| The exporters have the status of Registered Exporters of Forestry Industry Products (ETPIK). | Regulation of the Minister for Trade 97/2014 | |||||||||||||
|
| ID card | Regulation of the Minister for Forestry P.43/2014 | ||||||||||||
|
| The importers have the status of Registered Importers. | Regulation of the Minister for Trade 78/2014 | ||||||||||||
| The importers have the due diligence guidelines/procedures and proof of its implementation. | Regulation of the Minister for Forestry P.43/2014 | |||||||||||||
|
| Permit document from Head of Provincial/District Forestry office. | Regulation of the Minister for Forestry P30/2012 Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 | ||||||||||||
| The deed of establishment of the company and latest amendments to the deed (the Company's Establishment Deed) | Act 6/1983 Government Regulation PP74/2011 Regulation of the Minister for Law & Human Rights M.01-HT.10/2006 Regulation of the Minister for Trade 36/2007 Regulation of the Minister for Trade 37/2007 Regulation of the Minister for Trade 39/2011 Regulation of the Minister for Trade 77/2013 Regulation of the Minister for Forestry P43/2014 Regulation of the Minister for Trade 97/2014 | |||||||||||||
| Permit to engage in trading business (Business Licence/SIUP) or trading permit. | |||||||||||||||
| Company Registration Certificate (TDP) | |||||||||||||||
| Tax Payer Identification Number (NPWP) | |||||||||||||||
| Registration of the traders as Non-Producer Exporters of Forestry Industry Products (ETPIK Non-Produsen). | |||||||||||||||
| Supply agreement or contract with non-ETPIK small-scale industry which has timber legality certificate (S-LK) or Supplier's Declaration of Conformity/SDoC (DKP) | |||||||||||||||
| Applicable EIA documents | Government Regulation PP27/2012 Regulation of the Minister for Environment 13/2010 Regulation of the Minister for Environment 05/2012 | |||||||||||||
|
| Deed or proof of establishment | Regulation of the Minister for Forestry P.43/2014 | ||||||||||||
| Tax Payer Registration (NPWP) in the case of cooperatives | |||||||||||||||
| Cooperative decision on organizational structure | Regulation of the Minister for Forestry P.43/2014 | |||||||||||||
| Documents of the cooperative business plan or document that shown the cooperative type | Regulation of the Minister for Forestry P.43/2014 | |||||||||||||
| ID cards | Regulation of the Minister for Forestry P.43/2014 | |||||||||||||
| 2. |
|
|
| Sales and purchase documents and or contract of supply of materials and or proof of purchase. | Regulation of the Minister for Forestry P30/2012 Regulation of the Minister for Forestry P.9/2014 Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 Regulation of the Minister for Trade P78/2014 | ||||||||||
| Approved report on the transfer of timber and/or proof of transfer and or official report on the examination of timber; letter of attestation of the legality of forest products | |||||||||||||||
| Imported timber is accompanied by Supplier's Declaration of Conformity or legality certificate (S-LK). Note: Only applicable in the case of artisan/household industry. | |||||||||||||||
| Timber transport documents | |||||||||||||||
| Transport documents (Nota) with corresponding official reports from the officer of the local authority with respect to used timber from demolished buildings/structures, unearthed timber and buried timber. | |||||||||||||||
| Transport documents in the form of Nota for industrial waste wood | |||||||||||||||
| Documents/reports on changes in the stock of logs/timber/products. | |||||||||||||||
| Legality certificate (S-PHPL/S-LK) or suppliers declaration of conformity (DKP) | |||||||||||||||
| Supporting documents for, Raw Materials Stock Planning (RPBBI) for primary industry | |||||||||||||||
| Import Notification (PIB) | President Decree 43/1978 Regulation of the Minister for Trade 78/2014 | |||||||||||||
| Packing list | |||||||||||||||
| Invoice | |||||||||||||||
| B/L (bill of lading) | |||||||||||||||
| Import Declaration and Import Recommendation | |||||||||||||||
| Proof of payment of import duty. | |||||||||||||||
| Other relevant documents (including CITES permits) for types of wood whose trade is restricted | |||||||||||||||
| Proof of utilization of imported timber | |||||||||||||||
| Tally sheets on the use of raw materials and on production outputs. Note: Not applicable for artisan/household industry. | Regulation of the Minister for Industry 41/2008 Regulation of the Minister for Forestry P30/2012 Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 Regulation of the Minister for Forestry P55/2014 | |||||||||||||
| Output reports on the production of processed products. | |||||||||||||||
| The production of the unit does not exceed the permitted production capacity. Note: Not applicable for artisan/household industry. | |||||||||||||||
| Segregation/separation of produced products from impounded timbers. | |||||||||||||||
| Legality certificate (S-LK) or suppliers declaration of conformity (DKP) | Regulation of the Minister for Forestry P48/2006 Regulation of the Minister for Trade 36/2007 Regulation of the Minister for Industry 41/2008 Regulation of the Minister for Forestry P.43/2014 Regulation of the Minister for Forestry P55/2014 | |||||||||||||
| Service contract for product processing with another party | |||||||||||||||
| Letter of attestation of the raw material | |||||||||||||||
| Segregation/separation of produced products. | |||||||||||||||
| Documentation of raw materials, production processes, and where applicable if export is conducted through service agreement with other company. | |||||||||||||||
|
| Products are purchased from listed non-ETPIK industries partners that have legality certificate (S-LK) or SDoC (DKP). | Regulation of the Minister for Forestry P.43/2014 | ||||||||||||
| Transport document. | |||||||||||||||
| Documents/reports on changes in the stock of products. | |||||||||||||||
| 3. |
|
|
| Transport document | Joint Regulation of the Minister for Forestry22/2003, Minister for Transportation KM3/2003, and Minister for Industry and Trade 33/2003 Regulation of the Minister for Forestry P30/2012 Regulation of the Minister for Forestry P41/2014 Regulation of the Minister for Forestry P42/2014 | ||||||||||
|
| Products for export | Act 17/2006 (Customs) Presidential Decree 43/1978 Regulation of the Minister for Forestry 447/2003 Regulation of the Minister for Finance 223/2008 Regulation of the Directorate-General for Customs P-40/2008 Regulation of the Directorate-General for Customs P-06/2009 Regulation of the Minister of Trade P50/2013 Regulation of the Minister for Trade P97/2014 | ||||||||||||
| PEB | |||||||||||||||
| Packing list | |||||||||||||||
| Invoice | |||||||||||||||
| B/L (bill of lading) | |||||||||||||||
| Export licence documents (V-Legal) | |||||||||||||||
| Results of technical verification (Surveyor's Report) for products for which technical verification is mandatory | |||||||||||||||
| Proof of payment of export duty, where applicable. | |||||||||||||||
| Other relevant documents (including CITES permits) for types of wood whose trade is restricted | |||||||||||||||
|
| V-Legal marking is applied accordingly | Regulation of the Minister for Forestry P43/2014 | ||||||||||||
| 4. |
|
|
| OSH procedures or In the case of artisan/household industry, first aid and safety equipment | Government Regulation PP50/2012 Regulation of the Minister for Manpower & Transmigration 8/2010 Regulation of the Minister for Manpower & Transmigration 609/2012 | ||||||||||
| Implementation of OSH procedures. | |||||||||||||||
| Accident records Note: Not applicable for artisan/household industry. | |||||||||||||||
|
| Trade union or a company policy that allows employees/workers to establish a trade union or get involved in trade union activities | Regulation of the Minister for Manpower & Transmigration 16/2001 | ||||||||||||
| Availability of collective labour agreement or company policy documents on labour rights | Act 13/2003 Regulation of the Minister for Manpower & Transmigration 16/2011 | |||||||||||||
| There are no underage workers | Act 23/2002 Act 13/2003 |
ANNEX V
INDONESIAN TIMBER LEGALITY ASSURANCE SYSTEM
1. Introduction
Objective: To provide assurance that harvesting, transportation, processing and selling of round logs and processed timber products comply with all relevant Indonesian laws and regulations.
Known for its pioneering role in combating illegal logging and the trade in illegally harvested timber and timber products, Indonesia hosted the East Asia Ministerial Conference on Forest Law Enforcement and Governance (FLEG) in Bali, in September 2001, which resulted in the Declaration on Forest Law Enforcement and Governance (Bali Declaration). Since then, Indonesia has continued to be at the forefront of international cooperation in combating illegal logging and associated trade.
As part of international efforts to address these issues, a growing number of consumer countries have committed themselves to take measures to prevent trade in illegal timber on their markets, whilst producer countries have committed themselves to provide a mechanism assuring the legality of their timber products. It is important to establish a credible system to guarantee the legality of harvesting, transportation, processing and trade of timber and processed timber products.
The Indonesian Timber Legality Assurance System (TLAS) provides assurance that timber and timber products produced and processed in Indonesia come from legal sources and are in full compliance with relevant Indonesian laws and regulations, as verified by independent auditing and monitored by civil society.
1.1. Indonesian laws and regulations as foundation of the TLAS
The Indonesian regulation on the “Standards and Guidelines on the Assessment of Performance of Sustainable Forest Management and the Verification of Timber Legality in the State and Privately-owned Forests” (Forestry Minister's Regulation P.38/Menhut-II/2009) establish the TLAS. The TLAS also includes the Indonesian sustainability scheme and targets to improve forest governance, to suppress illegal logging and the associated timber trade to ensure credibility and to improve the image of Indonesia's timber products.
The TLAS comprises the following elements:
| 1. | Legality Standards, |
| 2. | Control of Supply Chain, |
| 3. | Verification Procedures, |
| 4. | Licensing Scheme, |
| 5. | Monitoring. |
TLAS is the basic system used to assure the legality of timber and timber products produced in Indonesia for export to the Union and to other markets.
1.2. Development of the TLAS: a multi-stakeholder process
Since 2003, a wide range of Indonesian forestry stakeholders have been actively engaged in developing, implementing and evaluating the TLAS, thereby providing better oversight, transparency and credibility in the process. In 2009, the multi-stakeholder process resulted in the issuance of Forestry Minister's Regulation P.38/Menhut-II/2009, followed by DG Forest Utilization Technical Guidelines No 6/VI-SET/2009 and No 02/VI-BPPHH/2010, which were revised by Forestry Minister's Regulation P.68/Menhut-II/2011, P.45/Menhut-II/2012, P.42/Menhut-II/2013, DG Forest Utilization Technical Guidelines P.8/VI-SET/2011 and P.8/VI-BPPHH/2012.
Based on lessons learned from initial TLAS implementation, the results of the joint assessment in accordance to Annex VIII of this Agreement, and recommendations from various stakeholders, the regulations were again revised through a multi-stakeholder process to become Forestry Minister's Regulation P.43/Menhut-II/2014 in June 2014 and P.95/Menhut-II/2014 in December 2014, followed by DG Forest Utilization Technical Guidelines No.P.14/VI-BPPHH/2014 in December 2014 and No.P.1/VI-BPPHH/2015 in January 2015 (hereinafter referred to as the TLAS Guidelines).
The process of engagement with all stakeholders will be continued during implementation of the TLAS.
2. Scope of the TLAS
Indonesian production forest resources can broadly be divided into two types of ownership: state forests and privately owned forests/lands. State forests consist of production forests for long-term sustainable timber production under a variety of permit types and forest areas that can be converted for non-forestry purposes such as for settlement or agricultural plantations. The application of TLAS on state forests and privately owned forests/lands is set out in Annex II.
The TLAS covers timber and timber products from all permit types as well as the operations of all timber traders, downstream processors, exporters and importers.
The TLAS covers timber products destined for domestic and international markets. All Indonesian producers, processors, and traders will be verified for legality, including those supplying the domestic market.
The TLAS requires that imported timber and timber products are cleared at customs and comply with Indonesia's import regulations. These regulations require that imported timber and timber products must be accompanied by documents and other pieces of evidence providing assurance of the legality of the timber in its country of harvest. All timber and timber products imported into Indonesia must be included in a supply chain whose controls comply fully with all relevant Indonesian regulations.
Certain timber products may contain recycled materials. Specific legality requirements for recycled timber are described in the legality standards and TLAS Guidelines.
Impounded timber may be sold for use exclusively on the domestic market, with the exception of impounded timber that was harvested in conservation forest, which must be destroyed. Any industry receiving impounded timber must implement measures to segregate that timber from other supplies and duly inform a conformity assessment body (CAB), which will promptly conduct a special audit to ensure that this timber does not enter the export supply chain. No impounded timber may be covered by an export licence.
Changes in the procedures for utilization and/or administration of timber from Customary Forests, to address implementation of Constitutional Court Decision (MK) No 35/PUU-X/2012, shall be introduced after the adoption of related implementing legislation.
Timber and timber products in transit are strictly kept outside the gazetted Principal Customs Areas (PCA). Thus, such transit timber does not enter the PCA and furthermore will not be included in the timber supply chains of Indonesia. No transit timber will be issued with an export licence.
2.1. TLAS legality standards
The TLAS is based on specific timber legality standards covering all types of timber sources (permits and operators) and all operators' activities. These standards and their verification guidelines are set out in Annex II.
The TLAS also incorporates the “Standard and Guidelines on Assessment of Performance in Sustainable Forest Management (SFM)”. The assessment of sustainable forest management using the SFM standard also verifies that the auditee complies with the relevant legality criteria of the TLAS. Permit holders operating within production forest zones on state-owned lands (permanent forest domain) must adhere to both relevant legality and SFM standards. They can opt for complying with the legality standard at first, but they must comply with both the legality standards and the sustainable forest management standards not later than the date when their initial legality certification expires.
3. Control of the Timber Supply Chain
The permit holder (in the case of concessions) or landowner (in the case of private land) or company (in the case of traders, processors and exporters) shall demonstrate that every node of their supply chain is controlled and documented as set out in the Minister for Forestry Regulations P.30/Menhut-II/2012, P.41/Menhut-II/2014 and P.42/Menhut-II/2014 (hereinafter referred to as the Regulations). These Regulations require provincial and district forestry officials to undertake field verification and validate the documents which are submitted by permit holders, landowners, or processors at each node of the supply chain.
The key documents for operational controls at each point in the supply chain are summarised in Diagram 1.
All consignments in a supply chain must be accompanied by relevant transport documents indicating whether the material is covered by a valid SVLK certificate, or declared legal by use of Suppliers' Declaration of Conformity (SDoC), or originates from impounded sources. The owner or custodian of any consignment of timber or timber products at each point in a supply chain must record whether that consignment is SVLK certified, declared legal by use of Suppliers' Declaration of Conformity, or from an impounded source. If a consignment includes any impounded timber, the owner or custodian of that consignment must apply an effective system to segregate timber or timber products from verified legal sources, from impounded timber or timber products, and maintain records that distinguish between these sources.
Operators in the supply chain are required to keep complete records on received, stored, processed and delivered timber and timber products. These records must be sufficient to enable subsequent reconciliation of quantitative data between and within nodes of the supply chain. Such data shall be made available for provincial and district forestry officials to carry out reconciliation. Main activities and procedures, including reconciliation, for each stage of the supply chain and the role of the CABs in assessing the integrity of the supply chain, are further explained in the Appendix of this Annex.
Diagram 1
Control of the supply chain which shows the required key documents at each point in the supply chain where data reconciliation takes place
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