Voluntary Partnership Agreement between the European Union and the Co-operati... (22023A0505(01))
Voluntary Partnership Agreement between the European Union and the Co-operati... (22023A0505(01))
VOLUNTARY PARTNERSHIP AGREEMENT BETWEEN THE EUROPEAN UNION AND THE CO-OPERATIVE REPUBLIC OF GUYANA 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 CO-OPERATIVE REPUBLIC OF GUYANA, hereinafter referred to as "Guyana",
hereinafter jointly referred to as "the Parties",
CONSIDERING the close working relationship between the Union and Guyana, particularly in the context of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 ( 1 ) , revised in Luxembourg on 25 June 2005 and in Ouagadougou on 22 June 2010 (hereinafter referred to as "the Cotonou Agreement"),
CONSIDERING the Joint Caribbean-EU Partnership Strategy developed on the basis of the decision of the May 2010 EU-Caribbean Forum of the African, Caribbean and Pacific Group of States (CARIFORUM) Summit held in Madrid and elaborated jointly by the Union and the CARIFORUM States,
CONSIDERING the regional agreement on access to information, public participation and justice in environmental matters in Latin America and the Caribbean adopted in Escazú, Costa Rica, on 4 March 2018,
CONSIDERING the Economic Partnership Agreement between the CARIFORUM States, of the one part, and the European Community and its Member States, of the other part ( 2 ) ,
CONSIDERING the communication from the Commission to the Council of the European Union and the European Parliament entitled "Forest Law Enforcement, Governance and Trade (FLEGT) – Proposal for an EU Action Plan" of 21 May 2003 as a first step towards addressing urgent issues of illegal logging and associated trade,
REAFFIRMING the commitment of the Parties to the Charter of the United Nations, signed in San Francisco on 26 June 1945, and having regard to the principles articulated in the Universal Declaration of Human Rights, adopted by the General Assembly of the United Nations on 10 December 1948, and the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the General Assembly of the United Nations on 13 September 2007,
REAFFIRMING the commitment of the Parties to the International Covenant on Civil and Political Rights, adopted by the General Assembly of the United Nations on 16 December 1996, the International Convention on the Elimination of All Forms of Racial Discrimination, adopted by the General Assembly of the United Nations on 21 December 1965, and the International Covenant on Economic, Social and Cultural Rights, adopted by the General Assembly of the United Nations on 16 December 1966,
REAFFIRMING the importance of the principles and commitments set out in the Declaration of the 2030 Agenda for Sustainable Development set out in the document entitled "Transforming our world: the 2030 Agenda for Sustainable Development" adopted by General Assembly of the United Nations on 25 September 2015 (hereinafter referred to as the "Agenda 2030"), in particular the commitment to achieve sustainable development in its three dimensions – economic, social and environmental – in a balanced and integrated manner,
RECALLING in this respect the Sustainable Development Goals set out in the Agenda 2030 and its targets, in particular target 15.2, namely, by 2020, to promote the implementation of sustainable management of all types of forests, halt deforestation, restore degraded forests and substantially increase afforestation and reforestation globally,
AWARE of the importance of the principles of sustainable forest management set out in the Rio Declaration on Environment and Development, adopted by the General Assembly of the United Nations on 14 June 1992, and, in particular, of Principle 10 concerning the importance of public awareness, involvement and participation in environmental issues, of Principle 20 concerning the role of women in environmental management and development, and of Principle 22 concerning the vital role of indigenous peoples and their communities and other local communities in environmental management and development,
RECOGNISING the role of forests as a key climate mitigation and adaptation solution and recalling in this context the Paris Agreement under the United Nations Framework Convention on Climate Change adopted on 12 December 2015, in particular Article 5 thereof, which calls for reducing emissions from deforestation and forest degradation, enhancing conservation and sustainable management,
HAVING REGARD to the Convention on International Trade in Endangered Species of Wild Fauna and Flora, signed at Washington, D.C., on 3 March 1973 (hereinafter referred to as "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 to CITES 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 that govern multilateral trade, in particular the rights and obligations laid down in the General Agreement on Tariffs and Trade 1994 ("GATT 1994") contained in Annex 1A of the Agreement Establishing the World Trade Organization, done at Marrakesh on 15 April 1994 and in other multilateral agreements listed in that Annex 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,
RECOGNISING the commitment of Guyana to continue promoting good governance, sustainable forest management, law enforcement and trade in legal timber,
RECOGNISING that the implementation of a forest law enforcement, governance and trade (FLEGT) voluntary partnership agreement will further reinforce sustainable forest management and contribute to combating climate change through reduced emissions from deforestation and forest degradation and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries (REDD+),
ACKNOWLEDGING that the Guyana Timber Legality Assurance System, adopted by the Guyana Forestry Commission of 26 September 2018, is designed to ensure the legality of all timber products covered by this Agreement irrespective of the destination,
ACKNOWLEDGING the importance of involving in the implementation of this Agreement all relevant stakeholders, through their own representative institutions, from both within and outside the forestry sector, regardless of gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status, including those from the private sector, civil society, and local and indigenous communities as well as other people dependent on forests,
RECOGNISING the commitment of Guyana to set up, in accordance with its Constitution, national legislation and international instruments, effective mechanisms to allow all relevant stakeholders to contribute to the implementation of this Agreement,
RECOGNISING that the publication of non-confidential information is essential in facilitating the full and effective participation of all relevant stakeholders within and outside the forestry sector, regardless of gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status, and that the provision of information is therefore central to the implementation of this Agreement,
RESOLVED to minimise any adverse effects on relevant stakeholders within and outside the forestry sector that may arise as a consequence of the implementation of this Agreement,
HAVE AGREED AS FOLLOWS:
ARTICLE 1
Objective
The objective of this Agreement, consistent with the Parties' common commitment to the sustainable management of all types of forest, is to provide a legal framework aimed at ensuring that all imports into the Union from Guyana of timber products covered by this Agreement have been legally produced and, thereby, to promote trade in timber products.
In addition, this Agreement provides a basis for dialogue and cooperation between the Parties to facilitate and promote full implementation of this Agreement and enhance forest law enforcement and governance.
ARTICLE 2
Definitions
For the purposes of this Agreement, the following definitions apply:
(a)
"competent authority" means the authority designated by a Member State of the Union to receive, verify and accept FLEGT licences;
(b)
"export" means the physical leaving or taking out of timber products from any part of the geographical territory of Guyana, except for timber products in transit through Guyana;
(c)
"FLEGT licence" means a document as set out in Appendix 1 to Annex IV which confirms that a shipment has been legally sourced and verified in accordance with the criteria laid down in this Agreement;
(d)
"HS code" refers to the four- or six-digit code 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, done at Brussels on 14 June 1983, including any subsequent amendments;
(e)
"import into the Union" means the release for free circulation in 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 laying down 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;
(f)
"Independent Auditor" means a natural or a legal person or a grouping thereof who shall, at agreed intervals, assess the operation, credibility and efficiency of the Guyana Timber Legality Assurance System;
(g)
"Joint Monitoring and Review Committee" or "JMRC" means the committee established by the Parties to facilitate the management, monitoring and review of this Agreement, including the management of the independent audit, and to facilitate dialogue and exchange of information between the Parties;
(h)
"legally produced timber" or "legal timber" means timber products acquired, harvested, produced, processed, transported, and traded in accordance with the legislation in force in Guyana, as set out in Annex II and other relevant provisions of this Agreement; and, in the case of imported timber, it means timber products harvested, produced, processed, transported and exported in accordance with the relevant legislation of the country of harvest and the procedures described in Annex V;
(i)
"licensing authority" means the authority designated by Guyana to issue and validate FLEGT licences;
(j)
"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), entailing 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;
(k)
"shipment" means a quantity of timber products covered by a FLEGT licence that is sent by a consignor or a shipper from Guyana and is presented for release for free circulation at a customs office in the Union;
(l)
"timber products in transit" means any timber product originating from a third country, which enters the territory of Guyana under customs control and leaves in the same form whilst retaining the country of origin;
(m)
"timber products" means the products listed in Annex I.
ARTICLE 3
FLEGT licensing scheme
1. A FLEGT licensing scheme is hereby established between the Parties. The FLEGT licensing scheme establishes a set of procedures and requirements aimed at verifying and attesting, by means of FLEGT licences, that timber products shipped to the Union from Guyana were legally produced. In accordance with Regulation (EC) No 2173/2005 and this Agreement, the Union shall accept such shipments from Guyana for import into the Union only if they are covered by FLEGT licences.
2. The FLEGT licensing scheme shall apply to timber products.
3. The Parties shall take all measures necessary to implement the FLEGT licensing scheme.
ARTICLE 4
Licensing authority
1. Guyana shall designate an authority to be the licensing authority and notify in writing the European Commission of its contact details. The Parties shall make that information available to the public.
2. The licensing authority shall verify that timber products have been legally produced in accordance with the legislation listed in Annex II. The licensing authority shall issue FLEGT licences covering each shipment of timber products that are legally produced in Guyana and are destined for export to the Union.
3. With respect to imported timber, the licensing authority shall not issue FLEGT licences for products that have not been harvested, produced or exported in accordance with the legislation of the country of harvest and of the country of production.
4. The licensing authority shall maintain and make publicly available its procedures for issuing FLEGT licences.
5. The licensing authority shall maintain records of all shipments covered by FLEGT licences in a manner consistent with various national laws and policies relating to data protection and confidentiality of information and shall provide these records for the purposes of an independent audit as referred to in Article 11, whilst respecting the confidentiality of exporters' proprietary information.
ARTICLE 5
Competent authorities
1. The European Commission shall inform Guyana in writing of the contact details of the competent authorities designated by the Member States of the Union. The 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 that shipment for free circulation in the Union. This release for free circulation may be withheld 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 annually publish a record of FLEGT licences received.
4. In accordance with national legislation on data protection, the competent authorities shall grant the person or body designated by Guyana as the Independent Auditor access to the relevant documents and data.
5. Paragraph 2 of this Article shall not apply to timber products from species listed in the Appendices to CITES insofar as these products are covered by 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. However, timber products covered by that examination are subject to the legality verification under the Guyana Timber Legality Assurance System referred to in Article 8 of this Agreement.
ARTICLE 6
FLEGT licences
1. The licensing authority shall issue FLEGT licences as a means of attesting that timber products have been legally produced.
2. FLEGT licences shall be drawn up and completed in English on the form specified in Annex IV.
3. The Parties may, by agreement, establish electronic systems for the issuing, transmission and receipt of FLEGT licences.
4. The technical specifications and the procedure for issuing FLEGT licences are set out in Annex IV.
ARTICLE 7
Definition of legally produced timber
1. For the purposes of this Agreement, a definition of "legally produced timber" is set out in Article 2, point (h), and specified in Annex II. Annex II sets out Guyana's national legal framework, as well as the principles, criteria, indicators and verifiers that must be complied with in order for timber products to be covered by a FLEGT licence.
2. Guyana will carry out a review of the national legal framework applicable to the forestry sector, as set out in Annex II, with the aim of strengthening, where necessary, and implementing relevant policies, laws, regulations, statutes, strategies, guidelines, voluntary measures and codes of practice.
ARTICLE 8
Guyana Timber Legality Assurance System (GTLAS)
1. Guyana shall use and improve where necessary the existing system for verifying that timber products have been legally produced and that only shipments verified as such are exported to the Union by establishing the Guyana Timber Legality Assurance System (GTLAS), as set out in Annex V.
2. The GTLAS shall include compliance checks in order to provide assurance that timber products have been legally produced, irrespective of the intended market, and that FLEGT licences are not issued for shipments of timber products that have not been legally harvested, or that are of unknown origin.
ARTICLE 9
Application of the GTLAS to timber products
1. Using the GTLAS, Guyana shall verify the legality of timber products exported to non-Union markets and timber products sold on its domestic market, and shall verify the legality of imported timber products using the system developed for implementing this Agreement.
2. In support of the application of the GTLAS, the Union shall encourage the use of the system with respect to trade in other international markets and with third countries.
3. The Union shall implement measures to prevent the placing on the Union market of illegally harvested timber and products derived therefrom in accordance with its applicable legislation.
ARTICLE 10
Release of shipments covered by a FLEGT licence
1. The conditions governing the release for free circulation in the Union of shipments covered by a FLEGT licence are set out in Annex III.
2. Where a competent authority has reasonable grounds to suspect that a licence is not valid or authentic or does not conform to the shipment it purports to cover, it may apply the procedures set out in Annex III.
3. Where persistent disagreements or difficulties arise between the licensing authority and competent authorities concerning FLEGT licences, the matter shall be referred to the JMRC
ARTICLE 11
Independent Auditor
1. The Parties agree on the need to call on the services of an Independent Auditor at agreed intervals to assess the operation, credibility and efficiency of the GTLAS, as set out in Annex V.
2. Guyana shall engage the services of an Independent Auditor, in consultation with the Union, for the purposes of the tasks listed in Annex VI.
3. The Independent Auditor shall be a natural or a legal person, or grouping thereof, with no conflict of interest, including conflicts resulting from an organisational or commercial relationship with:
(a)
the Union or with Guyana's forestry sector's regulatory authorities;
(b)
the licensing authority or anybody given the responsibility of verifying the legality of timber production; or
(c)
any operator exercising a commercial activity in the forestry sector of Guyana.
4. The Independent Auditor shall operate in accordance with a documented management structure, and with published policies, methods and procedures that correspond to internationally accepted best practices.
5. The Independent Auditor shall refer complaints arising from its work to the JMRC.
6. The Independent Auditor shall submit its observations to the Parties in reports in accordance with the manual of procedures for the independent audit described in Annex VI. Reports by the Independent Auditor shall be published in accordance with the procedures set out in Annex IX.
7. The Parties shall, in accordance with their respective various national laws and policies relating to data protection and confidentiality of information, facilitate the work of the Independent Auditor, ensuring in particular that it has access to, and is able to record and duplicate, documents, information and other materials necessary for the performance of its functions.
ARTICLE 12
Irregularities
The Parties shall notify each other in writing in accordance with Article 22 if they have reasonable suspicion or have evidence of any circumvention of the FLEGT licensing scheme, including the following:
(a)
circumvention of trade, including redirection of trade from Guyana to the Union via a third country, where there is reason to believe that this is done with the intention of avoiding licensing requirements;
(b)
FLEGT licences covering timber products that contain timber from third countries that is suspected of being illegally produced;
(c)
fraud in obtaining or using FLEGT licences.
ARTICLE 13
Date of operation of the FLEGT licensing scheme
1. The Parties shall notify each other through the JMRC when they consider that they have concluded the necessary preparations for the FLEGT licensing scheme to become fully operational.
2. The Parties shall, through the JMRC, commission an independent assessment of the FLEGT licensing scheme. The assessment shall determine whether the GTLAS fulfils its functions on the basis of the criteria set out in Annex VIII and whether the systems in the Union for receiving, verifying and accepting FLEGT licences are in place.
3. The JMRC shall, on the basis of the assessment referred to in paragraph 2, recommend the commencement or non-commencement of the FLEGT licensing scheme.
4. On the basis of a recommendation of the JMRC for the commencement of the FLEGT licensing scheme, the Parties shall notify each other in writing of the date on which the FLEGT licensing scheme shall become operational.
5. On the basis of a recommendation of the JMRC for the non-commencement of the FLEGT licensing scheme, the Parties shall agree through the JMRC on the measures necessary for commencement.
ARTICLE 14
Schedule for implementation of this Agreement
The JMRC shall develop a schedule for the implementation of this Agreement and shall evaluate the progress of implementation with reference to that schedule.
ARTICLE 15
Supporting measures
1. The Parties have identified areas, listed in Annex VII, where there is a need for additional technical and financial resources in order to implement this Agreement.
2. The provision of the resources referred to in paragraph 1 shall be subject to the normal procedures of the Union and its Member States for programming assistance to Guyana and to the budgetary procedures of Guyana.
3. Guyana shall ensure that the strengthening of its capacity to implement this Agreement is included in its national planning instruments, such as poverty reduction strategies and budgets.
4. The Parties shall ensure that activities associated with the implementation of this Agreement are coordinated with relevant existing and future development initiatives such as those supporting action to reduce emissions from deforestation and forest degradation and the role of conservation, sustainable management of forests and enhancement of forest carbon stocks in developing countries.
ARTICLE 16
Stakeholder involvement in implementation of this Agreement
1. Guyana shall ensure that the implementation and monitoring of this Agreement are done in a transparent and participatory manner together with all relevant stakeholders through their own institutions, regardless of gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status, including those from the private sector, civil society, and local and indigenous communities as well as other people dependent on forests.
2. Guyana shall ensure that the National Implementation Working Group (NIWG) is in place to monitor the implementation of this Agreement and is made up of representatives of relevant Government agencies and representatives of all relevant stakeholders.
3. Guyana shall hold regular consultations on the implementation of this Agreement with all relevant stakeholders, regardless of gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status, including those from the private sector, civil society, and local and indigenous communities as well as other people dependent on forests. In that regard, Guyana shall develop and employ strategies, modalities and programmes to meaningfully consult its stakeholders.
4. The Union shall hold regular consultations with its 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, done at Aarhus on 25 June 1998 (Aarhus Convention).
ARTICLE 17
Social safeguards
1. The Parties shall regularly assess the impact of this Agreement in order to minimise potential adverse effects on stakeholders within and outside the forestry sector, regardless of gender, age, location, religion or belief, ethnic origin, colour, language, disability or any other status.
2. The Parties shall monitor the impact of this Agreement on stakeholders and take reasonable and appropriate steps to mitigate any adverse effects and where necessary, the Parties shall agree on additional measures to address those adverse effects.
ARTICLE 18
Efforts to implement or ratify other agreements
The Parties reaffirm their commitment to the effective implementation of international and regional agreements, treaties and conventions to which they are party, including multilateral environmental agreements and agreements on climate action, treaties on human rights and indigenous people's rights and labour and trade agreements. The Parties will make continued and sustained efforts towards ratifying and implementing international and regional agreements, treaties and conventions.
ARTICLE 19
Market incentives
Taking into account this Agreement and other relevant international obligations, the Union shall strive to promote favourable access to its market for timber products. Such efforts shall include:
(a)
the encouragement of public and private procurement policies that recognise efforts to ensure a supply of legally produced timber products; and
(b)
a more favourable perception of FLEGT licensed products on the Union market.
ARTICLE 20
Joint Monitoring and Review Committee
1. The Parties shall establish within three months of the entry into force of this Agreement a Joint Monitoring and Review Committee (JMRC) to facilitate the management, monitoring and review of this Agreement, including the management of the independent audit. The JMRC shall also facilitate dialogue and exchanges of information between the Parties.
2. Each Party shall appoint its representatives on the JMRC, which shall take its decisions by consensus. The JMRC shall be co-chaired by two of its members, one designated by Guyana and the other designated by the Union.
3. The JMRC shall establish its own rules of procedure.
4. The JMRC shall meet at least twice a year on dates and at places agreed by the Parties.
5. The JMRC shall ensure that its work is transparent and that relevant information about its work and decisions is made available to the public.
6. The JMRC shall publish an annual report in accordance with the criteria set out in Annex IX.
7. The specific functions of the JMRC are described in Annex X.
ARTICLE 21
Reporting and public disclosure of information
1. Public access to information is essential to improve governance and therefore provision of relevant information to stakeholders shall be central to this Agreement. Information shall be made available to the public, as provided in Annex IX, in order to improve stakeholder and consumer confidence and to ensure that the Parties are accountable.
2. Each Party shall take into account the most appropriate mechanisms, including media, documents, Internet, workshops and annual reports, through which to disseminate the information referred to in paragraph 1 of this Article to the public. In particular, the Parties shall endeavour to provide the various stakeholders associated with the forestry sector with reliable, relevant and up-to-date information using the methods for implementation provided for in Annex IX.
ARTICLE 22
Communication on implementation of this Agreement
1. The representatives of the Parties responsible for official communications concerning the implementation of this Agreement shall be:
(a)
for Guyana: the Minister responsible for Finance;
(b)
for the Union: the Head of the Delegation of the Union in Guyana.
2. The Parties shall communicate to each other in a timely manner the information necessary for implementing this Agreement, including changes regarding the representatives referred to in paragraph 1.
ARTICLE 23
Confidential information
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 trade secrets or confidential commercial information exchanged under this Agreement.
ARTICLE 24
Territorial application
This Agreement shall apply to the 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 Guyana, on the other.
ARTICLE 25
Consultations and mediation
1. The Parties shall at all times endeavour to agree on the interpretation and application of this Agreement, and to resolve any dispute by first entering into consultations and, where necessary, mediation in good faith with the aim of reaching a mutually agreed solution.
2. A Party wishing to commence consultations shall notify the other Party and the JMRC in writing, including identification of the subject matter and summary arguments in support of the request.
3. Consultations shall be initiated within 40 days and be deemed concluded within 90 days of the date of the submission of the request, unless both Parties agree differently. Notwithstanding the foregoing consultations, either Party may in the case of urgent matters initiate consultations within 15 days. Such consultations shall be concluded within 30 days of the date of the submission of the request, unless both Parties agree differently.
4. If consultations fail to produce a mutually agreed solution, both Parties may agree to seek recourse to mediation. Nevertheless, either Party may submit the dispute to arbitration without recourse to mediation.
5. The Parties shall jointly select a mediator in accordance with the rules of procedure of the JMRC to seek recourse to mediation. The mediator shall receive submissions from both Parties and convene a mediation meeting. Unless both Parties agree differently, the mediator shall notify an opinion on how to resolve the dispute consistent with this Agreement no later than 60 days after having been selected.
6. The opinion of the mediator is non-binding.
ARTICLE 26
Arbitration
1. Where the Parties have failed to resolve the dispute by recourse to consultations and, where applicable, mediation as provided for in Article 25, a request is made by either Party for the establishment of an arbitration panel by notifying the other Party and the International Bureau of the Permanent Court of Arbitration (hereinafter referred to as the "PCA") in writing. The request shall identify the specific measures at issue, and it shall explain how such measures constitute a breach of this Agreement.
2. The arbitration panel shall be composed of three arbitrators appointed in accordance with the PCA arbitration rules 2012, effective from 17 December 2012, including any subsequent amendments.
3. The arbitration panel ruling shall be binding on the Parties that shall take any measures necessary to comply in good faith with the arbitration panel ruling.
4. The Parties shall inform each other and the JMRC of the measures they have taken to comply with the arbitration panel ruling. The JMRC shall review measures taken by the Parties to comply with the arbitration panel ruling and where needed recommend additional or corrective measures to ensure full compliance with the arbitration panel ruling. Either Party may request the arbitration panel to rule on compliance with the original ruling.
5. The JMRC shall establish the working procedures for arbitration.
ARTICLE 27
Amendments
1. A Party wishing to amend this Agreement shall submit a proposal to the other Party at least one month before the next meeting of the JMRC. The JMRC shall discuss the proposal and, if consensus is reached, shall make a recommendation on the proposed amendment. Each Party shall consider the recommendation and, if it agrees, approve it in accordance with its own legal procedures.
2. Any amendment approved by both Parties in accordance with paragraph 1 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 JMRC may adopt amendments to the Annexes to this Agreement.
4. Notification of any amendment shall be sent to the joint depositaries for this Agreement.
ARTICLE 28
Suspension
1. A Party wishing to suspend this Agreement shall notify the other Party in writing of its intention. The matter shall subsequently be discussed between the Parties within one month of receipt of such a notification.
2. Either Party may suspend the application of this Agreement in the event of a material breach of this Agreement by the other Party.
3. The decision on suspension and the reasons for that decision shall be notified to the other Party in writing.
4. This Agreement shall cease to apply 30 calendar days after a notification as referred to in paragraph 3 is made.
5. Application of this Agreement shall resume 30 calendar days after the Party that has suspended its application informs the other Party that the reasons for the suspension no longer apply.
ARTICLE 29
Termination
Either Party may notify in writing the other Party of its intention to terminate this Agreement and the matter shall be subsequently discussed by the JMRC.
This Agreement shall cease to apply 12 months after the date of such notification.
ARTICLE 30
Duration
1. This Agreement shall remain in force for a period of 10 years unless the Parties suspend or terminate it in accordance with Article 28 or 29 respectively.
2. This Agreement shall be automatically extended for consecutive periods of five years, unless a Party renounces the extension by notifying the other Party in writing at least 12 months before this Agreement expires.
ARTICLE 31
Annexes
The Annexes to this Agreement shall form an integral part thereof.
ARTICLE 32
Authentic texts
This Agreement shall be drawn up in duplicate in the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each text being equally authentic. In case of divergence, the English text shall prevail.
ARTICLE 33
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. The notification referred to in paragraph 1 shall be sent to the Minister responsible for Finance in Guyana and to the Secretary-General of the Council of the European Union, who shall be the joint depositaries for this Agreement.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorised to this effect, have signed this Agreement.
Съставено в Монреал на петнадесети декември две хиляди двадесет и втора година.
Hecho en Montreal, el quince de diciembre de dos mil veintidós.
V Montrealu dne patnáctého prosince dva tisíce dvacet dva.
Udfærdiget i Montréal den femtende december to tusind og toogtyve.
Geschehen zu Montreal am fünfzehnten Dezember zweitausendzweiundzwanzig.
Kahe tuhande kahekümne teise aasta detsembrikuu viieteistkümnendal päeval Montréalis.
Έγινε στο Μόντρεαλ, στις δέκα πέντε Δεκεμβρίου δύο χιλιάδες είκοσι δύο.
Done at Montreal on the fifteenth day of December in the year two thousand and twenty two.
Fait à Montréal, le quinze décembre deux mille vingt-deux.
Arna dhéanamh in Montréal, an cúigiú lá déag de mhí na Nollag sa bhliain dhá mhíle fiche a dó.
Sastavljeno u Montrealu petnaestog prosinca godine dvije tisuće dvadeset druge.
Fatto a Montreal, addì quindici dicembre duemilaventidue.
Monreālā, divi tūkstoši divdesmit otrā gada piecpadsmitajā decembrī.
Priimta du tūkstančiai dvidešimt antrų metų gruodžio penkioliktą dieną Monrealyje.
Kelt Montrealban, a kétezer-huszonkettedik év december havának tizenötödik napján.
Magħmul f'Montreal, fil-ħmistax-il jum ta’ Diċembru fis-sena elfejn u tnejn u għoxrin.
Gedaan te Montreal, vijftien december tweeduizend tweeëntwintig.
Sporządzono w Montrealu dnia piętnastego grudnia roku dwa tysiące dwudziestego drugiego.
Feito em Montreal, em quinze de dezembro de dois mil e vinte e dois.
Întocmit la Montreal la cincisprezece decembrie două mii douăzeci și doi.
V Montreale pätnásteho decembra dvetisícdvadsaťdva.
V Montrealu, dne petnajstega decembra leta dva tisoč dvaindvajset.
Tehty Montrealissa viidentenätoista päivänä joulukuuta vuonna kaksituhattakaksikymmentäkaksi.
Som skedde i Montreal den femtonde december år tjugohundratjugotvå.
[Bild bitte in Originalquelle ansehen]
( 1 ) OJ EC L 317, 15.12.2000, p. 3 .
( 2 ) OJ EU L 289, 30.10.2008, p. 3 .
ANNEXES
|
Annex I: |
Product coverage: the harmonised commodity codes for timber products covered under the FLEGT licensing scheme |
|
Annex II: |
Legality Definition |
|
Annex III: |
Conditions governing the release for free circulation in the Union of timber products exported from Guyana and covered by a FLEGT licence |
|
Annex IV: |
Requirements and technical specifications for FLEGT licences |
|
Annex V: |
The Guyana Timber Legality Assurance System (GTLAS) |
|
Annex VI: |
Terms of reference for the independent audit of the GTLAS |
|
Annex VII: |
Supporting measures and financing mechanisms |
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Annex VIII: |
Criteria for assessing the operationality of the Guyana Timber Legality Assurance System (GTLAS) |
|
Annex IX: |
Public access to information on the FLEGT licensing scheme |
|
Annex X: |
Joint Monitoring and Review Committee |
ANNEX I
PRODUCT COVERAGE: THE HARMONISED COMMODITY CODES FOR TIMBER PRODUCTS COVERED UNDER THE FLEGT LICENSING SCHEME
The list in this Annex 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.
|
HS Codes |
Description |
|
4403 |
Wood in the rough, whether or not stripped of bark or sapwood, or roughly squared. |
|
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. |
|
4406 |
Railway or tramway sleepers (cross-ties) of wood. |
|
4407 |
Wood sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded or end-jointed, of a thickness exceeding 6 mm. |
|
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. |
|
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. |
|
4412 |
Plywood, veneered panels and similar laminated wood. |
|
4418 |
Builders' joinery and carpentry of wood, including cellular wood panels, assembled flooring panels, shingles and shakes. |
ANNEX II
LEGALITY DEFINITION
1. List of acronyms
2. Introduction
3. Definition of terms
4. Legality matrices
4.1 Legality matrix A for an FSO to legally conduct forest operations
4.2 Legality matrix B for a State forest authorisation (large concession)
4.3 Legality matrix C for a State forest authorisation (small concession)
4.4 Legality matrix D for an Amerindian Village
4.5 Legality matrix E for private land
4.6 Legality matrix F for salvaged timber products from State land in conversion
4.7 Legality matrix G for seized timber products
4.8 Legality matrix H for the processing and sale of timber products
4.9 Legality matrix I for the export and import of timber products
5. Glossary
Appendix: Applicable legal references
1. List of acronyms
AOP
Annual operations plan
EPA
Environmental Protection Agency
EU
European Union
FCA
Forest concession agreement
FD
Finance Division
FLEGT
Forest Law Enforcement, Governance and Trade
FMP
Forest management plan
FMD
Forest Monitoring Division
FRMD
Forest Resource Management Division
FSO
Forest sector operator
GFC
Guyana Forestry Commission
GGMC
Guyana Geology and Mines Commission
GLSC
Guyana Lands and Surveys Commission
RA
Revenue Authority
GTLAS
Guyana Timber Legality Assurance System
LD
Legality Definition
MISD
Management information systems database
MOL
Ministry of Labour
MAA
Ministry responsible for Amerindian Affairs
MPW
Ministry of Public Works
NAREI
National Agriculture Research and Extension Institute
NIB
National Insurance Board
NPPO
National Plant Protection Organisation
NTWG
National Technical Working Group
PPE
Personal protective equipment
SFA
State forest authorisation
VC
Village Council
VPA
Voluntary Partnership Agreement
WTS
Wood Tracking System
2. Introduction
This Annex sets out the Legality Definition (LD) for 'legal timber' applicable to this Agreement. The LD may be updated as and when required during the implementation of this Agreement in accordance with Article 27 of this Agreement.
The LD forms an integral part of the Guyana Timber Legality Assurance System (GTLAS) described in Annex V.
The LD is based on the relevant national legal and regulatory framework in force and sets out principles, criteria, indicators and verifiers required to prove compliance with such framework.
The LD also includes additional legal references that are relevant for the implementation of this Agreement and the overall functioning of the GTLAS. These references and other applicable laws and regulations can be found in the Appendix to this Annex. The LD applies to all forest sector operators (FSOs) countrywide and for all timber products listed in Annex I and covers domestic and international trade.
The LD was developed through a multi-stakeholder participative process, coordinated by the National Technical Working Group (NTWG), in which a vast majority of the key stakeholders within Guyana's forestry sector as well as other interest groups were represented. Development of the LD involved several workshops nationwide, during which key stakeholders were provided with information on the Voluntary Partnership Agreement (VPA) process. Stakeholders were also consulted and their approval sought on the details of the various elements of the LD.
The targeted stakeholders included loggers, saw millers, manufacturers, timber dealers, timber exporters, timber importers, transporters, custom brokers, as well as representatives from logging associations, Amerindian Villages and Communities, non-governmental organisations, including indigenous ones, and Ministries and/or Government Agencies.
Structure and content of Legality Definition matrices
The LD is divided into nine matrices associated with the different types of operation. Each matrix comprises a set of principles that identify the primary legal obligations with corresponding criteria that detail the legal requirements assuring compliance with every principle. Each criterion includes indicators corresponding to the measures that fulfil the criterion. Further, verifiers provide the evidence to prove the fulfilment of every indicator and are underpinned by the national legal framework (legal references) which prescribes the legal and procedural requirements that need be observed for the attainment of the verifier.
An FSO's compliance with the indicators serves to demonstrate its compliance with the LD. The responsible agencies in the matrices below are the Ministries and/or Government Agencies that will undertake the verification of an FSO's compliance with the indicators of the LD.
Verifiers are associated with every indicator. There are two kinds of verifier:
—
Some verifiers are issued by Ministries and/or Government Agencies following their internal procedures and internal checks for their issuance. In these cases, the FSO complies with the indicators when it has the required valid verifier.
—
Other verifiers are also issued by the Ministries and/or Government Agencies as part of their mandate but through regular inspections of FSOs' operations. The inspection reports that are issued as a result of these inspections are the verifiers. In these cases, the indicators outline the requirements with which the FSO has to comply. Compliance is assessed through the inspection and the inspection report contains the result of the assessment.
To further facilitate the implementation of the GTLAS Manual of Procedures for verification, which will be elaborated during the development phase of the GTLAS, a distinction is made between static and dynamic verifiers:
—
Static verifiers support the demonstration of legal compliance for criteria of the LD that are not directly related to the movement of timber through the supply chain and/or are associated with long-term operations of the FSOs. They are issued either on a one-time basis or on a periodic basis and are valid for that period. Static verifiers will be verified for an entire period (lifetime of the concession or regulatory validity period).
—
Dynamic verifiers include those directly related to the movement of timber products along the supply chain within Guyana. They are subject to the applicable requirements at each critical control point of the supply chain. Dynamic verifiers are issued and valid for a single shipment and are therefore monitored and checked on a routine basis along the supply chain.
List of matrices detailing requirements of each FSO associated with the following types of operation:
|
Types of operation |
Matrix |
Title |
|
All FSOs |
A |
Legality matrix for an FSO to legally conduct forest operations |
|
Large concession |
B |
Legality matrix for a State forest authorisation (large concession) |
|
Small concession |
C |
Legality matrix for a State forest authorisation (small concession) |
|
Amerindian Village |
D |
Legality matrix for an Amerindian Village |
|
Private land |
E |
Legality matrix for private land |
|
Salvaged timber products from State land in conversion |
F |
Legality matrix for salvaged timber products from State land in conversion |
|
FSOs in breach of the Forests Act No 6 of 2009 |
G |
Legality matrix for seized timber products |
|
Processing and sale of timber products |
H |
Legality matrix for the processing and sale of timber products |
|
Export and import of timber |
I |
Legality matrix for the export and import of timber products |
All FSO categories shall comply with the relevant requirements outlined in legality matrix A for an FSO to legally conduct forest operations, and the other matrices that cover their operations. In case of seizure because of possible breaches of the Forests Act No 6 of 2009, the FSO must satisfy the relevant requirements outlined in legality matrix G for seized timber products.
3. Definition of terms
"FSO" means a natural person or body corporate registered with and approved by the Guyana Forestry Commission (GFC) to conduct forestry operations.
"Natural person or body corporate" may be defined as a sole trader or traders, and/or those registered under the Business Names (Registration) Act, Cap. 90:05, the Partnership Act, Cap. 89:02, the Companies Act, Cap. 89:01, the Friendly Societies Act, Cap. 36:04 or Co-operative Societies Act, Cap. 88:01.
The FSOs are categorised based on:
—
Large concessions – as defined in section 8 of the Forests Act No 6 of 2009 as being an area larger than 8 097 hectares.
FSOs of large concessions must have a State forest authorisation (SFA) granted by the GFC. These SFAs can be either a forest concession agreement (FCA) or an exploratory permit. FCAs can either be timber sales agreements or wood cutting leases, which are granted for up to 40 years or subject to conditional renewal. An FCA is only issued after the FSO has obtained an exploratory permit.
—
Small concessions – as defined in section 7 of the Forests Act No 6 of 2009 as being an area of 8 097 hectares or less.
FSOs of small concessions must have an SFA that can either be a State forest permission or a community forest management agreement. These SFAs are granted by the GFC for up to two years, subject to conditional renewal.
—
Amerindian Village – Section 2 of the Amerindian Act, Cap 29:01 defines "Village or Amerindian Village" as a group of Amerindians occupying or using Village lands and defines "Village lands" as lands owned communally by a Village under title granted to a Village Council to hold for the benefit of the Village.
An absolute grant or a certificate of title is granted to a Village Council to demonstrate land ownership. An Amerindian Village becomes an FSO when it enters into a contract with the GFC to conduct commercial harvesting within the boundaries of the Amerindian Village.
—
Private land – Section 2 of the Forests Act No 6 of 2009 defines "private land" as land that is neither public land nor Village land.
Private land is legally held by either an individual or body corporate by registered title, transport or absolute grant. A private landowner becomes an FSO when it enters into a contract with the GFC to conduct commercial harvesting within the boundaries of the private land.
—
State lands in conversion – timber products can be salvaged from State lands that are approved by the relevant Ministries and/or Government Agencies to be converted to non-forest land uses under the following authorisations:
a)
mining licence or permit – a mining licence or permit is issued by the Guyana Geology and Mines Commission over an area within State lands to prospect, mine for, take and appropriate any minerals. A holder of a mining licence or permit becomes an FSO when authorised by the GFC to salvage timber products within the boundaries of that area;
b)
leases – a lease is issued by the Guyana Lands and Surveys Commission over an area within State lands for the purposes of agriculture or other activities; a holder of a lease becomes an FSO when authorised by the GFC to salvage timber products within the boundaries of that area;
c)
infrastructure (roads, hydropower plant, dams, etc.) – the Office of the President grants approval to construct hydropower plants while the Ministry of Public Works grants authorisations to conduct all other infrastructural works, such as works on roads and bridges. A holder of an infrastructural approval becomes an FSO when authorised by the GFC to salvage timber products within the boundaries of that area.
—
A third party – a natural person or body corporate that has a legal agreement with the FSO to conduct commercial forestry operations within the boundaries of the approved area. The FSO is responsible for ensuring that the third party complies with the requirements of the LD.
4. Legality matrices
4.1 Legality matrix A for an FSO to legally conduct forest operations
|
Principle 1 |
The natural person or body corporate is legal |
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Criterion 1.1 |
The natural person or body corporate has a legal identity |
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Indicator number |
Indicator |
Verifiers (responsible agency) |
Legislative/Administrative references |
Type of verifier |
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|
A.1.1.1 (mandatory) (1) |
The natural person or body corporate has a tax identification number. |
Valid tax identification number certificate (Revenue Authority) |
Section 60A of the Income Tax Act, Cap 81:01 |
Static |
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A.1.1.2 Optional (in addition to A.1.1.1) |
The natural person or body corporate has a business name registered under the Business Names (Registration) Act, Cap 90:05. |
Certificate of registration (Deeds and Commercial Registries Authority) |
Sections 5 and 13 of the Business Names (Registration) Act, Cap 90:05, Sections 3 and 6 of the Partnership Act, Cap 89:02 |
Static |
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|
A.1.1.3 Optional (in addition to A.1.1.1) |
In case of a local company: the body corporate has a certificate of incorporation In case of a foreign company: the body corporate has a certificate of registration |
(ii)
Certificate of registration (foreign company) (Deeds and Commercial Registries Authority)
(i)
Section 8 of the Companies Act, Cap 89:01
(ii)
Section 321 of the Companies Act, Cap 89:01
Static
A.1.1.4
Optional (in addition to A.1.1.1)
The Village Council is lawfully appointed in accordance with the Amerindian Act, Cap 29:01.
Statement of elections results (Ministry of Amerindian Affairs)
Section 72(13) of the Amerindian Act, Cap 29:01
Static
A.1.1.5
Optional (in addition to A.1.1.1)
The friendly society has an acknowledgment of registration.
Acknowledgment of registration (Friendly Societies Registry)
Section 15 of the Friendly Societies Act, Cap 36:04
Static
A.1.1.6
Optional (in addition to A.1.1.1)
The co-operative society has a certificate of registration.
Certificate of registration (Commissioner of Co-operative Societies)
Sections 7 and 9 of the Co-operative Societies Act, Cap 88:01
Static
4.2 Legality matrix B for a State forest authorisation (large concession)
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