2012/374/EU: Council Decision of 14 May 2012 on the… ANNEX V

ANNEX VSupplementary provisions

ANNEX V LEGALITY ASSURANCE SYSTEM (LAS) I.   INTRODUCTION 1.1.   Background (a)   Presentation of the sector The CAR covers a total area of 623 000 km 2 , and comprises different ecosystems, including 54 000 km 2 of equatorial forest found in two blocks: the forest mass in the south-west, covering 3 800 000 ha and the forest mass in the south-east, covering 1 600 000 ha. Only the forest mass in the south-west is currently under industrial exploitation. Eleven logging companies are currently operating there with an average annual production of approx. 600 000 m 3 of logs and 200 000 m 3 of sawn timber (source: MEFCP statistical yearbook). The main destinations for the CAR’s timber are: Europe, Asia, America and Africa. (b)   The structures currently responsible for control The control structures that currently carry out control functions in the different ministerial departments, both at central and decentralised level, are given below. — The Ministry for Water, Forests, Hunting and Fisheries At central level: documentary verification is undertaken on a daily basis, whilst field checks are of variable frequency (quarterly or six-monthly): — the General Directorate for Water, Forests, Hunting and Fisheries (DGEFCP), through two departments: the forest logging and industry department (DEIF) and the forest inventory and land-use department (DIAF); — the Central Inspectorate for Water and Forests (ICEF); — the Forestry Data Centre (CDF); — the mobile intervention and verification brigade (BMIV), made up of the following ministerial elements: — Ministry for Water, Forests, Hunting and Fisheries — Ministry of Finances — Ministry of National Defence (police); — the Department for Legal Affairs and Litigation (DAJC). At decentralised level: the frequency of decentralised controls is not as regulated. Checks may be quarterly or six-monthly. Border post controls are undertaken on a daily basis, however, every time a loaded lorry passes: — the General Directorate for Regional Services, through the regional water and forests departments, the prefectural-level inspectorates and the border inspectorates; — the Ministry for the Environment and Ecology: — the General Directorate for the Environment; — the Central Inspectorate for the Environment and Ecology; — the Ministry of Finances and Budgets: — General Inspectorate of Finances; — General Directorate for Customs; — General Directorate for Taxes; — the Ministry of Trade and Industry: — Central Inspectorate for Trade; — General Directorate for Trade and Competition; — decentralised department of the Ministry of Trade through the ‘One Stop Shop’ ( guichet unique ); — the Ministry of the Civil Service, Social Security and Youth Employment: — Central Inspectorate for Labour; — Labour inspection unit of the administrative district; — Department for recovery and litigation within the National Social Security Office (CNSS); — General Directorate of ACFPE; — the Ministry of Agriculture and Rural Development; — the Ministry of Justice: — judicial inspection unit; — President of the Trade Court; — Clerk to the Trade Court; — the Ministry for the Civil Service and Regional Administration: — traffic police. (c)   Identifying areas for improvement Implementation of the LAS requires improvements in the following areas: — Legal framework: several regulatory texts, above all laws on different codes (Environment Code, December 2007; Forest Code, 2008) exist in the CAR to improve its forest sector governance. Nonetheless, analysis and preparation work for the Agreement has shown that the CAR’s forestry regulations need further additions. — Institutional framework: The Ministry for Water and Forests, which is primarily responsible for management, suffers from a number of problems in terms of implementing its policies efficiently. These difficulties explain the irregularity of the controls: — human resources are currently insufficient and lacking in qualifications; — material resources: a lack of appropriate equipment for verification work, logistical needs in terms of data gathering, processing and management, and the working environment; — financial resources: the CAR is experiencing financial difficulties due to the enormous needs. The CAS-DF, which is one of the sector’s financial support mechanisms, is useful but insufficient to cover these needs and respond to the challenges of forest governance. Moreover, it is sometimes called on to respond to unplanned needs outside of the forest sector. Independent monitoring Civil society is organised in a platform but skills and resources are currently limited and prevent it from undertaking independent monitoring. Independent audit The CAR does not currently have an external audit system or one that would cast an ‘independent’ eye over its forest system. Annex IX proposes, in particular, additional measures to remedy a number of these observations. 1.2.   Coverage of the LAS The products covered by the LAS are given in Annex I. The LAS applies to all current sources of timber and derived products open to export. In 2010, this relates to: — exploitation and land-use permits (PEAs); — plantations (also known as ‘reforestation areas’). Timber in transit and imported timber are covered by the LAS. Imported timber is also used for timber and derived products exported to markets outside of the Union. In contrast, the LAS does not apply to timber from: — community forests; or — artisanal logging permits. In fact, to date, and although these provisions are anticipated in the Forestry Code, there are not yet any community forests or artisanal logging permits in the CAR. These sources are therefore not considered in the LAS. Timber and derived products could soon be coming from community forests or artisanal logging permits, however, and could be exported to the Union in the future. They will then be taken into account in the LAS. The domestic consumer market for timber is not covered by the LAS described in this Agreement. Local activities that supply national consumption of timber and derived products are properly monitored, according to provisions external to this Agreement. The LAS described in this Agreement guarantees that exported products do not include products coming from the domestic market. 2.   DEFINITION OF LEGALITY AND VERIFICATION OF THE LEGALITY OF TIMBER 2.1.   Legality matrices The CAR has legislation (Forestry Code, Environment Code, CEMAC Customs Code, General Tax Code, Labour Code and social laws, etc.) and implementing regulations, the provisions of which concerning forest activities have been broken down into principles, criteria and indicators in two legality matrices (PEAs and plantations) given in Annex II. Some of the indicators in this matrices have no legal reference at the date of signing this Agreement. Appropriate legal or regulatory references (in particular those referred to in Annex IX) will be created during the Agreement implementation phase and prior to the CAR issuing its first FLEGT licence. The matrices and, more generally, the LAS, will be updated in line with regulatory changes. The annexes to the Agreement will be amended as a consequence of any decision of the Joint Implementation Committee, in accordance with Article 26 of the Agreement. No community forests or artisanal permits have been approved in the CAR. The matrices relating to community forests and artisanal permits will be developed when the is implemented Agreement and prior to the first allocations of these concessions. 2.2.   Verification of the legality matrices Verification of legality is done by a number of centralised and decentralised ministerial bodies, which may be supported in their tasks by an independent civil society monitor. These ministerial bodies are the following: — the General Directorate for Water, Forests, Hunting and Fisheries (DGEFCP) through two departments: the forest logging and industry department (DEIF) and the forest inventory and land-use department (DIAF), which carry out a variety of checks at central level; — the General Directorate for Regional Services (DGSR), through the regional departments (DR), the prefectural-level inspectorates and the border inspectorates, carried out a variety of checks at regional level; — the CDF collects, centralises and processes data, within a database management system (SGBD); — the Central Inspectorate for Water and Forests (ICEF) supervises and guarantees the proper functioning of legality assurance; — the mobile intervention and verification brigade (BMIV) carries out spontaneous verification missions; — the Department for Legal Affairs and Disputes within the Ministry for Water and Forests verifies the register of infringements and transaction payments; — the regional Departments of Labour verify compliance with employment and social protection rules; — the General Directorate for Taxes ensures tax registration (NIF) and regular payment of taxes; — the General Directorate for Urban Planning and Housing is involved through the issuing of land titles (relating to plantations); — the President of the Trade Court verifies that the company has not been convicted by any court; — the Clerks to the Trade Court verify that the company is properly registered; — the Department for Collection, Control and Disputes (of the National Social Security Fund (CNSS)) verifies the payment of social contributions; — the Department of Studies, Planning and Employment verifies that staff files are up-to-date. The independent civil society monitor: this is formed of several CAR NGOs that make up the civil society platform for forest governance. This monitor supports the ministerial departments involved in verification. The following table describes the methods for verifying the legality of timber and derived products. Explanation of table: 1st column : legality matrix indicators that must be fulfilled before a shipment can be considered legal and a licence issued. 2nd column : verifiers showing that the indicator has indeed been fulfilled. 3rd and 4th columns : departments and structures responsible for verifying the indicator. 5th column : verification methodology to be confirmed during the Agreement implementation phase. 6th column : bodies responsible for checking verification and methodology. IND Indicators (1) Verifiers (2) Departments (3) Verification structures (4) Verification methodology (5) Bodies responsible for checking verification and methodology (6) 1.1.1 Registration with the economic administration: Ministry of Trade and Industry 1.1.1.1: Ministerial decision giving authorisation for logging operations Ministry of Trade and Industry General Directorate for Trade, Competition and Consumption/Department for Competition/Competition and Anti-Fraud Service; Methodology: Body responsible:           1 - Check commercial authorisation Central Inspectorate for Trade         Decentralised department of the Ministry of Trade through the ‘One Stop Shop’ (‘ guichet unique ’) Commercial authorisation is issued once only; traditionally it is verified at the same time as the professional trader’s card. Central Inspectorate for Water and Forests (ICEF)         Department for Domestic Trade   Methodology:           2 - Check renewal of the Professional Trader’s Card Cent. Insp. Ministry of Trade           1 - Renewal of the trader’s card must be undertaken during the first half of the year (from 1 January to 30 June) 1 - Receives summary report from the Department of Trade and provides documentary check           2 - Verification of renewal is thus done each year systematically through visits to all commercial establishments from 1 July onwards 2 - Checks a sample group and produces an official report             3 - Sends information on samples checked to CDF c/o ICEF     1.1.1.2. Professional trader’s licence     3 - Should this not be renewed, the DGCCC sends notification to the trader ICEF           4 - Official report drawn up once the trader’s opinion has been heard and             5 - Fine notified (letter signed by Minister of Trade) 1 - Checks that CDF inputs information into the SGBD           Frequency: Frequency:           1.1.1.1: once only 1.1.1.1: once only           1.1.1.2: annual 1.1.1.2: annual           Back-up of result: Back-up of result:           1.1.1.1: Cent. Insp. Ministry of Trade           1 - Entry in the database of the decentralised department of the Ministry of Trade, through the ‘One Stop Shop’ 1 - Produces an official report (PV)           2 - CDF informs SGBD ICEF:           1.1.1.2: 1 - SGBD informed of results of check           1 - Official report (hard copy) produced for the General Directorate of Trade and filed             2 - CDF informs SGBD             Flows: Flows:           Flow 1: Registration (commercial authorisation) 1 - From Central Inspectorate for Trade to CDF c/o the Central Inspectorate for Water and Forests           1 - Department of Domestic Trade sends quarterly list (electronic and paper versions) of new companies or activities registered that affect the forest/timber sector to the CDF (formality through the One Stop Shop) 2 - From ICEF to the FLEGT licensing authority (form for transferring verification result to be defined)           2 - CDF informs SGBD             3 - Paper-based version of list sent to ICEF             Flow 2: Renewal of registration             DGCC:             Annual report on the situation of all forest-timber sector companies sent to the Central Inspectorate for Trade, with copy to CDF c/o ICEF (form for information exchange to be developed)             CDF:             1 - Receives summary report             2 - Informs SGBD   1.1.2 Registration with the tax administration (Ministry of Finances and Budget, General Department of Taxation) 1.1.2.1 Valid taxpayer’s card Ministry for Water, Forests, Hunting and Fisheries Forestry Data Centre (CDF) Methodology: Body responsible: Central Inspectorate for Water and Forests       Ministry of Finances and Budgets Tax Registration Department (Department of Studies, Tax Legislation, Registration and Disputes) 1 - Tax Registration Department (Department of Studies, Tax Legislation, Registration and Disputes) sends quarterly list (electronic and paper versions) of new companies or activities registered that affect the forest-timber sector to the CDF c/o ICEF, with the following information: name of the company or individual, tax registration number (NIF) and date of registration (information exchange form to be developed) Methodology:     1.1.2.2: Slip bearing tax registration number (NIF)     2 - CDF receives list 1 - Receive list sent by the CDF           3 - SGBD informed 2 - Verify company compliance             3 - SGBD informed of each company’s results           Frequency: once only for a given company Frequency: once only for a given company           Back-up of result: Back-up of result:           1 - CDF informs SGBD 1 - SGBD informed of results of verification check           2 - Files (paper copy) of the list             Flows: Paper copy of list sent to ICEF Flows: ICEF to the FLEGT licensing authority 1.1.3 Registration with the National Social Security Office (CNSS). 1.1.3.1: Proof of CNSS registration Ministry of Labour Department for Collection, Control and Disputes/Collections Section Methodology: Body responsible: ICEF           1 - Registration request submitted to the One Stop Shop (Department for Collection, Control and Disputes/Registration Section) Methodology:             1 - Receive list sent by CDF           2 - File sent to the National Social Security Office (CNSS) to verify previous registrations and allocate registration number 2 - Verify company compliance 3 - SGBD informed of each company’s results           3 - Visit to company premises to check veracity of declaration: actual start-up date, number of staff and wage bill             4 - Produce rectification report in the event of false declaration             NB: currently, 48 hours after registration with the Tax Dept., the CNSS automatically opens an employer file, gathering information directly from the Tax Department.             Frequency: on each registration Frequency: once only for a given company           Back-up of result: Back-up of result:           Ministry of Labour             1 - Enters on the database of the One Stop Shop (digital)             2 - Opens an employer file (paper version)             3 - Registers the employer file (paper version)             4 - Backs up on a punched card at CNSS (digital) SGBD informed           In the event of false declaration:             1 - Rectification report (paper format)             2 - Control report from collections department             Ministry of Forests/CDF             1 - Files (paper copy) list of companies and their situations             2 - SGBD informed             Flows: Flows:           1 - Quarterly list of registered employers sent with their registration number to the CDF c/o ICEF (electronic and paper) for inputting into SGBD (information exchange procedures to be developed) From ICEF to the FLEGT licensing authority           2 - CDF sends a copy of the list of the situation of each company to ICEF   1.1.4 Registration with the forest administration following a valid award procedure 1.1.4.1: Report of the PEA award committee under the responsibility of the Ministry responsible for forests Ministry responsible for forests General Directorate for Water, Forests, Hunting and Fisheries (DGEFCP) Methodology: Body responsible: Central Inspectorate for Water, Forests, Hunting and Fishing             Methodology:           For companies in existence in 2010             1 - Verification in the forest ledger for each PEA 1 - Receive report sent by the DGEF           2 - Report produced with the key information: (PEA No, award date, beneficiary) 2 - Check the validity of information for all PEAs     1.1.4.2: Report of the independent monitor under the responsibility of the Ministry responsible for forests     3 - Report sent to CDF c/o ICEF with paper copies of the decrees approving the award (form to be developed) 3 - SGBD informed of verification check           For new companies       1.1.4.3: Decree allocating exploitation and land-use permits (PEAs)     1 - Key data sent as received along with a paper copy of the decree to CDF c/o ICEF and to ICEF             Frequency: once only for a given company Frequency: once only for a given company           Back-up of result: Back-up of result:           1 - Input key data into SGBD SGBD informed           2 - Digitise decree and include in SGBD             3 - File in paper format             4 - Update information             Flows: DGEF to CDF and ICEF Flows: ICEF to the FLEGT licensing authority 1.1.5 Registration with the judicial administration (Ministry of Justice, Trade Court) 1.1.5.1: Trade and Secured Loans Register (RCCM) Ministry of Justice Clerk to the Trade Court and President of the Trade Court   Body responsible: Clerk to the Trade Court and President of the Trade Court/ICEF           Methodology: Methodology:     1.1.5.2. Minutes of notarised formation     1 - Regular checks of the register and registration documents, calling the interested party to the Trade Court should it be suspended 1 - Regular checks of the register and registration documents, calling the interested Party to the Trade Court should it be suspended           2 - Verification of document 2 - Verification of document     1.1.5.3: Notification of registration number by the Clerk to the Trade Court     Frequency: as necessary: change in capital, demerger, change of manager, additional activities, etc., Frequency: as necessary: change in capital, demerger, change of manager, additional activities, etc.           Back-up of result: Back-up of result:           Registration in the ‘national file’ Registration in the ‘national file’           SGBD informed SGBD informed of results of verification check           Flows: Flows:           1 - Quarterly list sent of companies registered and results of verifications conducted over the course of the year (the procedure for information exchange has to be developed) ICEF to the FLEGT licensing authority           2 - CDF informs SGBD   1.1.6 Registration with the labour and employment administration. 1.1.6.1: Employer records numbered and signed off by the labour inspector for the administrative district Ministry of Labour Labour inspectorate of the administrative district Methodology: Body responsible: Department of Labour and Social Security / Ministry responsible for forests   (Ministry for Labour and Employment, Labour Inspectorate)     General Directorate for Labour and Social Security Employer register signed off annually Methodology:             Ministry of Labour             1 - Examines activity reports of the Regional Labour and Social Security Inspector             2 - Summarises the general situation of each company for the past year and sends to CDF c/o ICEF, according to a procedure to be developed             Ministry responsible for forests             1 - CDF receives documents             2 - Informs SGBD             3 - Sends hard copy to ICEF             4 - Checks that ICEF has input it           Frequency: once only for a given company but updated annually Frequency: once only for a given company but updated annually           Back-up of result: Back-up of result:             Ministry of Labour           Annual report sent to the Department for Labour and Social Security (DTPS) Annual report sent to the General Directorate for Labour and Social Security (DGTPS)             Ministry responsible for forests             1 - CDF informs SGBD             2 - CDF files paper copy             3 - ICEF informs SGBD of the results of CDF’s inputting           Flows: Flows:           Inspectorate to DTPS DTPS to DGTPS and to CDF/ICEF             ICEF to the FLEGT licensing authority 1.1.7 Registration with the consular chambers: Chamber of Commerce and Industry 1.1.7.1: Consular attestation Ministry responsible for forests Forestry Data Centre (CDF)   Body responsible: Central Inspectorate for Water and Forests           Methodology: Methodology:       Ministry of Trade Company registration section (Chamber of Commerce) through the ‘One Stop Shop’ 1 - Company registration section (Chamber of Commerce) to send quarterly copies of the consular attestations (ACs) and the list of companies registered by the company registration section (Chamber of Commerce) to the CDF c/o ICEF, through the ‘One Stop Shop’ Inform SGBD of the results of the verification check           2 - Received by CDF             3 - SGBD informed             4 - Verification of company compliance             5 - Each company’s results input into SGBD             6 - SGBD updated quarterly             Frequency: once only for a given company Frequency: once only for a given company           Back-up of result: Back-up of result:           CDF informs SGBD SGBD updated           File (paper copy)             Flows: Flows:           Send copy of ACs to ICEF ICEF to the FLEGT licensing authority 1.1.8 Registration with the Central African Agency for Vocational Training and Employment (ACFPE). 1.1.8.1: Numbered and stamped request for employer’s registration Ministry of Labour General Directorate of ACFPE: Department of Financial Affairs (dispute monitoring section) Methodology: Body responsible:         Regional Labour Inspectorate               Regular verification by ACPFE is undertaken at the same time as the verifications of the relevant regional Labour Inspectorate and according to the same procedures Department for Labour and Social Security / General Directorate of ACFPE           The following is proposed: Methodology           1 - List of new companies or activities registered that affect the forest-timber sector sent quarterly to CDF (electronic and paper versions) Ministry of Labour           2 - CDF receives list 1 - Examines activity reports of the Regional Labour and Social Security Inspector           3 - SGBD informed 2 - Summarises the general situation of each company for the past year and send to CDF c/o ICEF, according to a procedure to be developed             Ministry responsible for forests             1 - CDF receives documents             2 - Informs SGBD             3 - Sends hard copy to ICEF             4 - Checks that ICEF has input it           Frequency: once only for a given company Frequency: once only for a given company           Back-up of result: Back-up of result:           CDF informs SGBD SGBD informed of results of verification check           File (paper copy)             Flows: Flows:           Paper copy of list sent to ICEF ICEF to the FLEGT licensing authority 1.2.1 Payment of CNSS contributions 1.2.1.1: CNSS certification or receipt Ministry of Labour Collections Section of the Department for Collection, Control and Disputes (DRCC) Methodology: Body responsible: Department for Collection, Control and Disputes/Collections Section/ Central Inspectorate for Water and Forests           1 - Update employer file at end of period             Periods:             Large employers (20 staff or more) pay contributions monthly and have one month to declare the previous month Methodology:           Small employers (less than 20 staff) pay contributions quarterly and have 15 days to pay Department for Collection, Control and Disputes           2 - Send follow-up letter to offenders specifying the fine to be paid (10 % of total amount) Regular verification in case of suspicion or complaint Produces a control report (PV)           3 - Triggering of a legal procedure 10 days after the follow-up, in the event of non-payment ICEF 1 - Receives list sent by CDF           4 - Produce a quarterly report 2 - Verifies the compliance of CDF’s inputting, and the status of each employer             3 - Informs SGBD of the results           Frequency: quarterly Frequency: quarterly             DRCC: as necessary             ICEF: monthly           Back-up of result: Back-up of result:           Follow-up report (PV) (paper format) DRCC: Control report           Filing by the CDF ICEF: SGBD informed           Flows: Flows:           List of companies and their situation sent quarterly to CDF c/o ICEF (paper format on a form to be developed) in order to inform SGBD; the CDF informs SGBD, sends a paper copy to ICEF and files the document (paper format) DRCC sends control reports to ICEF, which sends them on to CDF for inputting ICEF presents the situation of each company to the licensing authority 1.2.2 Payment of ACPFE contributions 1.2.2.1: Quarterly declaration of salaries paid Ministry of Labour Department of Studies, Planning and Employment (DEPE) Methodology: Body responsible:         ACFPE 1 - Check work contracts and ACFPE stamp to ensure compliance with the minimum wage for each socio-professional category Department for Labour and Social Security         Administrative and Financial Department (DAF) 2 - Verification of staff files ICEF           3 - Quarterly verification of pay slips Methodology:         Regional Inspectorate for the relevant administrative district 4 - Write mission report Ministry of Labour           5 - Produce quarterly report giving the situation of each company, according to a procedure to be developed 1 - Receives information on staff declaration from DAF 2 - Verifies stamp           6 - Send quarterly report to CDF c/o ICEF 3 - Sends request to DAF via the collections section for payment of the employer contribution             4 - Annual report with copy to CDF c/o ICEF     1.2.1.2: Proof of payment of employers’ contributions     Frequency: Frequency: — annual, for the last 4 quarters (Ministry of Labour)           quarterly — quarterly - Ministry responsible for forests (ICEF)           Back-up of result: Back-up of result:           Mission reports Annual Reports           Quarterly Reports SGBD informed           Flows: Flows:           DEPE/DAF to CDF c/o ICEF DGTPS to ICEF             ICEF to the licensing authority 1.3.1 The company’s activities have not been suspended following a court ruling. 1.3.1.1: Records of court rulings Ministry of Justice The clerks Methodology: Body responsible:           Clerks: Ministry of Justice: High Court (TGI)       Ministry responsible for forests Department for Legal Affairs and Litigation of the Ministry responsible for forests (DAJC). 1 - Enter infringements committed on the register of each regional court MEFCP: General Directorate for Support Services (DGSA)           2 - Produce a report (paper format according to a template to be developed) for each infringement and an annual report Methodology:         Regional Department for Water and Forests (DR) 3 - Send report(s) and a copy of the record of the judgment to the Regional Department for Water and Forests (DR) of the administrative district, for the Prefectural Courts, according to a procedure to be developed. High Court: 1 - Checks that the register of judgments is properly maintained 2 - Produces an annual report, a copy of which is sent to CDF c/o ICEF           4 - Send report and a copy of the record of the judgment to the DAFC with copy to CDF c/o ICEF either through the DREF or through the court clerks in Bangui             DAJC: DGSA:           1 - Enters on the infringements register (document to be established as it is not kept at the moment) Checks the infringements register is properly maintained           CDF: ICEF:           1 - Informs database Checks CDF has informed SGBD           File report             Frequency: Frequency:           on each suspension annually     1.3.1.2.: Registers of infringements held by the Ministry responsible for forests Ministry responsible for forests   Back-up of result: Back-up of result:           Clerks: ICEF:           Enter on the register of regional court judgments Informs SGBD of results of control           Produce a report filed in paper format             DAJC:             Keeps an infringements register             CDF:             Informs SGBD             Files a paper copy of the report and record of the judgment             Flows: Flows:           Prefectural-level courts:             1 - Report from clerks to the court to the DREF ICEF to the licensing authority           2 - Send report to the DAJC with copy to CDF c/o ICEF             Bangui Courts:             1 - Report from clerks to the court to DAJC with copy to CDF c/o ICEF   1.3.2 The company’s activities have not been suspended following an administrative sanction. 1.3.2.1: Registers of infringements held by the Ministry responsible for forests Ministry responsible for forests Department for Legal Affairs and Litigation of the Ministry responsible for forests (DAJC). Methodology: 1.3.2.1: idem 1.3.1 Body responsible: ICEF             Methodology:           1.3.2.2:       1.3.2.2: Suspension decision of the Minister for the Environment     1 - DAJC updates the infringements register 2 - Write report DGSA: Checks the infringements register is properly maintained           3 - Send report and decision to CDF c/o ICEF               ICEF: Checks CDF has informed SGBD           Frequency: at each suspension Frequency: annual           Back-up of results: Back-up of results:           DAJC: ICEF:           Keeps an infringements register SGBD informed of results of check           CDF:             Informs SGBD             Files report and suspension decision in paper format             Flows: Flows:           DAJC to CDF c/o ICEF ICEF to the FLEGT licensing authority 1.4 .1 The company is up-to-date with payments of fines and penalties incurred for infringements 1.4.1.1: Receipt for payment of transaction or fine/penalty amount Ministry responsible for forests DGEF, the mobile intervention and verification brigade (BMIV) Methodology: 1 - Prior verification of the infringements register before each regular visit of the BMIV and the General Directorate of Water and Forests Body responsible: Central Inspectorate for Water, Forests, Hunting and Fishing           2 - Visit of the accounting services             3 - Writing of report Methodology:           4 - Send report to ICEF in 2 copies, one of which is sent directly to the CDF Check CDF has informed SGBD and SGBD informed of the result           Frequency: quarterly Frequency: six-monthly           Back-up of result: Back-up of result:           Visit report in paper and digital formats filed at the CDF and DGEF Inform SGBD           Inform SGBD             Flows: Flows:           DGEF to CDF c/o ICEF and to this latter ICEF to the FLEGT licensing authority 2.1.1 All stages (informing population, tender, request for concession, award committee, including the independent monitor) leading to the award of a forest logging concession have been properly followed by the company,observing the deadlines set by the laws and regulations of the CAR, before and after enactment of Law No 08.022 on the Forestry Code. 2.1.1.1: Report of the PEA award committee under the responsibility of the Ministry responsible for forests 2.1.1.2: Report of the independent monitor under the responsibility of the Ministry responsible for forests Ministry responsible for forests General Directorate for Water and Forests (DGEFCP) Methodology: 1 - Verify the existence of the award decree in the MEFCP’s archives for all licences already allocated and date of award 2 - Verify the existence of the contractual document (final and/or provisional agreement depending on the date of award) 3 - Produce a report with the key information: (PEA No, award date, beneficiary, nature of contractual document and date of signing) Body responsible: Central Inspectorate for Water, Forests, Hunting and Fishing     2.1.1.3.: Decree allocating exploitation and land-use permits (PEAs)     4 - Send report to ICEF and to CDF c/o the former, with copies in paper format of the award decree and the contractual document(s) Methodology:             1 - Receive report sent by DGEF     2.1.1.4: Provisional agreement in the three months following the signing of the decree       2 - Check the validity of information for all PEAs 3 - Inform SGBD of the verification check     2.1.1.5: Final agreement in the three years following signing of the provisional agreement                   Frequency: once only for a given PEA Frequency: once only for a given PEA           Back-up of result: Back-up of result:           Input key data into SGBD Inform SGBD           Digitisation and inclusion of decree in SGBD             Filing in paper format             Updating of information at time of each new award or return to State domain             Flows: DGEF to ICEF Flows: From ICEF to the FLEGT licensing authority 2.1.2 The company has paid all the costs involved in each stage of the award process. 2.1.2.1: Proof of payment of the application’s costs Ministry responsible for forests General Directorate for Water and Forests (DGEFCP) Methodology: Body responsible: Central Inspectorate for Water, Forests, Hunting and Fishing     2.1.2.2: Proof of payment of the pre-recognition fee     1 - Verify the existence of receipts for the costs of the files, of the pre-recognition fee and three years’ rent (company established after 2003) in the MEFCP’s archives Methodology:           2 - Produce a report with the key information: PEA number, award date, beneficiary, number of receipts and amounts paid 1 - Receive report sent by DGEF     2.1.2.3: Receipt for payment of three years’ rental within 15 days of notification of award (for licences allocated after 2003)     3 - Send report to CDF under the ICEF’s responsibility and to this latter, with paper copies of receipts 2 - Check the validity of information for all PEAs             3 - Inform SGBD of the verification check           Frequency: once only for a given award Frequency: once only for a given award           Back-up of result: Back-up of result:           Input into the SGBD Inform SGBD           Digitisation and inclusion of decree in SGBD             Filing in paper format             Updating of information at time of each new award or return to domain             Flows: DGEF to ICEF Flows: From ICEF to the FLEGT licensing authority 2.1.3 In the case of plantations belonging to a private individual or community, the individual or community has a property title. 2.1.3.1: Land title in the name of the individual or community Ministry of Planning (land register) Ministry of Finances and Budgets General Directorate of Planning General Directorate for Taxes and Domains (DGID) Methodology: Verify the existence of a record of the land ownership title Frequency: once only Back-up of results: Input into the SGBD Body responsible: Central Planning Inspectorate Inform the SGBD           Flows: From the General Directorate for Planning to the General Directorate for Taxes and Domains Flows: From the Central Planning Inspectorate to ICEF and from ICEF to the licensing authority           From the General Directorate for Taxes to DGEF             From DGEF to ICEF   2.2.1 The company has an annual felling authorisation duly issued by the Forests Administration. 2.2.1.1: Approval note for management plan for PEAs with a final agreement. Ministry responsible for forests General Directorate for Water and Forests (DGEFCP) Methodology: Body responsible: ICEF     2.2.1.2: Approval note for annual operating plan for PEAs with a final agreement     PEA with a final agreement 1 - Documentary examination, by a committee established to this effect, of the management plan and PAO submitted by the company in the context of the MEFCP’s rating system Methodology:     2.2.1.3: Provisional felling agreement signed by the relevant authority     2 - Letter of PAO approval, if submission satisfactory PEA with a provisional logging agreement Verify the existence of the approval letter for the PG and PAO and minutes of the meeting           Verification already undertaken in 2.1.1             Frequency: Frequency:           annual for PAO and five-yearly for PG annual for PAO and five-yearly for PG           Back-up of result: Back-up of result:           DGEF files PAO approval letter in the SGBD and in the archives in paper format Inform the SGBD that the point has been verified           Flows: Flows:           1 - Approval letter sent by DGEF to the company, ICEF, PARPAF ( projet d’appui à la réalisation des plans d’aménagements forestiers ), DGSR and meeting minutes with rating to CDF c/o ICEF and to the latter From ICEF to the FLEGT licensing authority 2.2.2 In the case of plantations belonging to the State, the company has authorisation from the Ministry responsible for forests to log a plantation 2.2.2.1: Agreement of the Minister for Forests 2.2.2.2: Exploration authorisation 2.2.2.3: Exploration report 2.2.2.4: Simple management plan for plantations of 50 ha or more, in line with the General Conditions Ministry responsible for forests General Directorate for Water and Forests (DGEFCP) Methodology 2.2.2.1 to 2.2.2.3: Request sent to the Minister for Forests Exploration authorisation given by DGEF Exploration undertaken by the company or individual and submission of report to DGEF Documentary and field verification by DGET and granting of ministerial agreement Body responsible: ICEF Methodology: Verify the existence of the exploration report and ministerial agreement           Frequency: on each request Frequency: quarterly           Back up Result backup:           Filing, in paper format (DGEF and CDF) and electronic format (CDF), of the request, the exploration authorisation and the ministerial agreement Inform the SGBD that the point has been verified           Flows: From applicant to DGEF Flows: From ICEF to the FLEGT licensing authority           From DGEF to applicant and ICEF (CDF)   2.2.3 In the case of plantations belonging to a private individual or community, the individual or community has felling authorisations 2.2.3.1: Felling authorisation issued to the operator (owner or contracted operator) by the Ministry 2.2.3.2: Simple management plan for plantations of 50 ha or more, in line with the General Conditions 2.2.3.3: Where appropriate, a contract between the individual or community and operating company. Ministry responsible for forests General Directorate for Water and Forests (DGEFCP) Methodology 2.2.3.1: Request sent to the Minister for Forests Exploration authorisation given by DGEF Exploration undertaken by the company or individual and submission of report to DGEF Documentary and field verification by DGET and granting of felling authorisation Body responsible: ICEF Methodology: Verify the existence of the exploration report and felling authorisation           Frequency: on each request Frequency: quarterly           Back up Back-up of result:           Filing, in paper format (DGEF and CDF) and digital format (CDF), of the request, the exploration authorisation and the felling authorisation Inform the SGBD that the point has been verified           Flows: From applicant to DGEF Flows:           From DGEF to applicant and ICEF (CDF) From ICEF to the FLEGT licensing authority 2.3.1 The company informs the local and indigenous communities, local authorities and all interested parties of the signing of the provisional agreement and the opening up of the provisional cutting area. 2.3.1.1: Reports of awareness-raising meetings written by the company and jointly approved with the different stakeholders. Ministry responsible for forests General Directorate for Regional Services (DGSR)/Regional Director (DR) Methodology: Regular verification of the existence of minutes by the regional departments Body responsible: Director General for Regional Services (DGSR)             Methodology:             Verify the existence of the report           Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           Write mission report Inform SGBD           Send report to DGSR             DGSR sends report to DGEF and CDF             Flows: Flows:           From regional departments to DGSR From ICEF to the licensing authority           From DGSR to DGEF and CDF (ICEF)   3.1.1 Environmental impact assessments have been conducted. 3.1.1.1: Reports of environmental impact assessments approved for each production site (PEA + sawmill, including living quarters) 3.1.1.2: Environmental compliance certificate issued by the competent authority Ministry of the Environment and Ecology Ministry responsible for forests General Directorate for the Environment (DGE) Methodology: 1 - Documentary examination of the environmental impact assessment (EIA) submitted by the company 2 - On-site verification 3 - Letter approving the EIA, if satisfactory verification Body responsible: Department for Environmental Surveillance (DSE) / ICEF Methodology: DSE: 1 - If any suspicion, verifies some points of the documentary examination and on-site verification             2 - Produces and sends a report with copy to ICEF             ICEF:             Verifies the existence of the letter approving the EIA           Frequency: five-yearly Frequency: five-yearly           Back-up of result: Back-up of result:           DGE files approval letter and EIA in the SGBD and in paper format in the archives DSE: Files control report ICEF: Informs the database of the verification check           Flows: Letter of approval sent to company with copy to CDF and ICEF Flows: From ICEF to the FLEGT licensing authority 3.2.1 The measures aimed at protecting the biodiversity resources, given in the approved impact assessments, are implemented. 3.2.1.1: Monitoring reports from the environmental administration Ministry of the Environment and Ecology Department for Environmental Surveillance (DSE) Methodology: 1 - On-site evaluation of implementation of measures contained in EIA Body responsible: ICEF           2 - Evaluation report and letter of compliance, if evaluation satisfactory Methodology:           3 - Inform SGBD of verification results Verify the existence of the report and letter           Frequency: ongoing (depending on the nature of the EIA measures) Frequency: ongoing (depending on the nature of the EIA measures)           Back-up of result: Back-up of result:           File evaluation report and letter in the DSE archives Inform database of the results of the verification control           Flows: Flows:           Letter of approval sent to company with copy to ICEF and CDF From ICEF to the FLEGT licensing authority 3.3.1 Waste (as defined in Art. 3 of the CAR’s Environment Code and implementing regulations) resulting from the company’s activities is treated in line with the legal requirements. 3.3.1.1: Monitoring reports from the environmental administration Ministry of the Environment and Ecology (DGE) Department for Environmental Monitoring Methodology: 1 - On-site evaluation of the existence of a waste treatment system 2 - Evaluation report and letter of compliance, if evaluation satisfactory 3 - Inform SGBD of results of verification Body responsible DGE Methodology Verify the existence of the report and letter           Frequency: six-monthly Frequency: six-monthly           Back-up of result: Back-up of result:           File report and letter in the DSE archives Inform database of results of the verification check           Flows: Flows:           Letter of approval sent to company with copy to ICEF and CDF From ICEF to the FLEGT licensing authority 3.3.2 Legal provisions with regard to air and water pollution are being observed. 3.3.2.1: Audit report from the environmental administration. Ministry of the Environment and Ecology Department for Environmental Monitoring (DSE) Methodology: Body responsible: DGE           1 - On-site evaluation of the existence of a system for dealing with water and air pollution Methodology:           2 - Evaluation report and letter of compliance, if evaluation satisfactory Verify the existence of the report and letter           3 - Inform SGBD of verification results             Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           File report and letter in the DSE archives Inform database of results of the verification check           Flows: Flows:           1 - Letter of approval sent to company with copy to ICEF and CDF From ICEF to the FLEGT licensing authority 4.1.1 Freedom of union organisation is guaranteed within the company. 4.1.1.1: Briefing note on guarantee of freedom of unionisation stamped by the competent authority and displayed Ministry of Labour Labour inspectorate of the relevant administrative district Methodology: Body responsible: Department of Labour and Employment (DTE)       Ministry responsible for forests BMIV 1 - Regular on-site verification at least once per year or in case of suspicion or complaint The Central Inspectorate for Water and Forests           2 - Check the worker register Methodology:           3 - Meet with staff and employer DTE:     4.1.1.2: Minutes of union meetings (if employees are union members).     4 - Stamp and/or annotate register Receives the annual reports from each regional inspectorate           5 - Produce a report Examines the reports and sends a summary to the General Directorate for Labour and Employment             Sends a summary for the forest-timber sector companies to CDF c/o ICEF (to be developed)           NB: The mobile brigade (BMIV) may carry out the same verification and send the results directly to ICEF (this is valid for 4.1 and 4.2) May conduct an unscheduled check of the verification conducted by the inspectorates and write a report, a copy of which is sent to CDF c/o ICEF             ICEF             Checks that the CDF informs the SGBD every year           Frequency: annual Checks company compliance             Frequency: annual           Back-up of result: Back-up of result:           Mission report filed with the district inspectorate CDF informs SGBD of the verification results           Annual report filed with the district inspectorate ICEF informs SGBD of verification check           Flows: Flows:           Mission report sent to company DTE to CDF           Annual reports sent to Department of Labour ICEF to the FLEGT licensing authority 4.1.2 Staff delegates, elected in accordance with current legislation, have the necessary skills to fulfil their role 4.1.2.1: Report of the general assembly at which staff delegates were elected, stamped by the labour inspector Ministry of Labour Labour inspectorate of the relevant administrative district Methodology: Body responsible: Department of Labour and Employment ICEF     4.1.2.2: Training certificates stamped by the labour inspector     1 - Regular on-site verification at least once per year or in case of suspicion or complaint Methodology: DTE:           2 - Meeting with staff delegates Receives the annual reports from each regional inspectorate           3 - Produce a report Examines the reports and sends a summary to the General Directorate for Labour and Employment             Sends a summary for forest-timber companies to CDF c/o ICEF             May conduct an unscheduled check of the verification conducted by the inspectorates and write a report, a copy of which is sent to CDF c/o ICEF             ICEF             Checks that the CDF informs the SGBD annually             Checks company compliance           Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           Mission report filed with the district inspectorate CDF inputs SGBD of verification results           Annual report filed with the district inspectorate ICEF informs SGBD of verification check           Flows: Flows:           Mission report sent to company DTE to CDF           Annual reports sent to Department of Labour ICEF to the FLEGT licensing authority 4.1.3 The company’s employees are informed of documents relating to employment rights. 4.1.3.1: Briefing notes displayed Ministry of Labour Labour inspectorate of the relevant administrative district Methodology: Body responsible: Department of Labour and Employment (DTE)           1 - Regular on-site verification at least once per year ICEF     4.1.3.2: Report of meetings between staff delegates and employees     2 - Check that the elements required by law are displayed Methodology: DTE:           3 - Produce a report Receives the annual reports from each regional inspectorate     4.1.3.3: Internal regulations displayed       Examines the reports and sends a summary to the General Directorate for Labour and Employment             Sends a summary for forest-timber companies to CDF c/o ICEF             May conduct an unscheduled check of the verification conducted by the inspectorates and write a report, a copy of which is sent to CDF c/o ICEF             ICEF             Checks that the CDF informs the SGBD every year             Checks company compliance           Frequency: annual Frequency: annual           Back-up of result Back-up of result           Mission report filed with the district inspectorate CDF informs SGBD of verification results           Annual report filed with the district inspectorate ICEF informs SGBD of verification check           Flows: Flows:           Mission report sent to company DTE to CDF           Annual reports sent to Department of Labour ICEF to the FLEGT licensing authority 4.2.1 Relations between the company and its staff are formally established according to the legal requirements. 4.2.1.1: Copy of the collective agreement held by the logging company and by the staff delegates Ministry of Labour Labour inspectorate of the relevant administrative district Methodology: Body responsible: Department of Labour and Employment ICEF           1 - Regular on-site verification at least once per year Methodology:           2 - Check the employer register and files for each employee DTE           3 - Produce a report Receives the annual reports from each regional inspectorate             Examines the reports and sends a summary to the General Directorate for Labour and Employment             Sends a summary for forest-timber companies to CDF c/o ICEF     4.2.1.2: Employer’s records numbered and signed off by the labour inspector       May conduct an unscheduled check of the verification conducted by the inspectorates and write a report, a copy of which is sent to CDF c/o ICEF             ICEF             Checks that the CDF informs the SGBD annually             Checks company compliance           Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           Mission report filed with the district inspectorate CDF informs SGBD of verification results           Annual report filed with the district inspectorate ICEF informs SGBD of verification check           Flows: Flows:           Mission report sent to company DTE to CDF           Annual reports sent to Department of Labour ICEF to the FLEGT licensing authority 4.2.2 The company’s staff are paid in accordance with current regulations for their sector of activities and without discrimination 4.2.2.1: - Pay slips and salary reports Ministry of Labour Labour inspectorate of the relevant administrative district Methodology: Body responsible: Department of Labour and Employment (DTE)           1 - Regular on-site verification at least once per year ICEF     4.2.2.2: - Employment contract signed by all parties     2 - Compare work contracts and pay slips with the collective agreement for forest operators Methodology: DTE:           3 - Produce a report Receives the annual reports from each regional inspectorate             Examines the reports and sends a summary to the General Directorate for Labour and Employment             Sends a summary for forest-timber companies to CDF c/o ICEF             May conduct an unscheduled check of the verification conducted by the inspectorates and write a report, a copy of which is sent to CDF c/o ICEF             ICEF:             Checks that the CDF informs the SGBD annually             Checks company compliance           Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           Mission report filed with the district inspectorate CDF informs SGBD of verification results           Annual report filed with the district inspectorate ICEF informs SGBD of verification check           Flows: Flows:           Mission report sent to company DTE to CDF           Annual reports sent to Department of Labour ICEF to the FLEGT licensing authority 4.2.3 Health and safety conditions for workers are in accordance with current legislation 4.2.3.1: Reports of health and safety committee meetings Ministry of Labour Labour inspectorate of the relevant administrative district Methodology: Body responsible: Department of Labour and Employment/ICEF             Methodology:             DTE           1 - Regular on-site verification at least once per year Receives the annual reports from each regional inspectorate           2 - Check equipment and health and safety measures in place on sites and in the forest Examines the reports and sends a summary to the General Directorate for Labour and Employment           3 - Produce a report Sends a summary for the forest-timber companies to CDF c/o ICEF     4.2.3.2: List of staff health and safety equipment       May conduct an unscheduled check of the verification conducted by the inspectorates and write a report, a copy of which is sent to CDF c/o ICEF             ICEF             Checks that the CDF informs the SGBD annually             Checks company compliance           Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           Mission report filed with the district inspectorate CDF informs SGBD of verification results           Annual report filed with the district inspectorate ICEF informs SGBD of verification check           Flows: Flows:           Mission report sent to company DTE to CDF           Monthly reports sent to the Department of Labour ICEF to the FLEGT licensing authority 4.2.4 The working hours applied by the company are in accordance with legal provisions 4.2.4.1: Workers’ timekeeping system Ministry of Labour Labour inspectorate of the relevant administrative district Methodology: Body responsible: Department of Labour and Employment ICEF             Methodology: DTE     4.2.4.2: Workers’ timekeeping cards     1 - Regular on-site verification at least once per year Receives the annual reports from each regional inspectorate     4.2.4.3.: Company service notes displayed     2 - Check the content and display of the company’s internal regulations and related system Examines the reports and sends a summary to the General Directorate for Labour and Employment           3 - Produce a report Sends a summary for forest-timber companies to CDF c/o ICEF     4.2.4.4: Pay slips       May conduct an unscheduled check of the verification conducted by the inspectorates and write a report, a copy of which is sent to CDF c/o ICEF             ICEF: Checks that the CDF informs the SGBD annually             Checks company compliance           Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           Mission report filed with the district inspectorate CDF informs SGBD of verification results           Annual report filed with the district inspectorate ICEF informs SGBD of verification check           Flows: Flows:           Mission report sent to company DTE to CDF           Annual reports sent to Department of Labour ICEF to the FLEGT licensing authority 4.2.5 Staff recruitment is in line with the age restrictions established by national legislation and the International Labour Organisation (ILO) 4.2.5.1: Employment contracts signed by all Parties Ministry of Labour Labour inspectorate of the relevant administrative district Methodology: Body responsible: Department of Labour and Employment ICEF             Methodology:           1 - Regular on-site verification at least once per year DTE:           2 - Verify staff files Receives the annual reports from each regional inspectorate           3 - Produce a report Examines the reports and sends a summary to the General Directorate for Labour and Employment             Sends a summary for the forest-timber companies to CDF c/o ICEF             May conduct an unscheduled check of the verification conducted by the inspectorates and write a report, a copy of which is sent to CDF c/o ICEF             ICEF             Checks that the CDF informs the SGBD annually             Checks company compliance           Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           Mission report filed with the district inspectorate CDF informs SGBD of verification results           Annual report filed with the district inspectorate ICEF informs SGBD of verification check           Flows: Flows:           Mission report sent to company DTE to CDF           Annual reports sent to Department of Labour ICEF to the FLEGT licensing authority 4.3.1 Local and indigenous communities’ customary rights of access and use in forest concessions are recognised and respected by the company 4.3.1.1: Land-use plan approved by the relevant authority (the socio-economic report in particular) Ministry responsible for forests General Directorate for Regional Services Regional departments Methodology: Body responsible: General Directorate for Regional Services ICEF to DGSR             Methodology: DGSR     4.3.1.2: Provisional agreement signed by the relevant authority (PEA under provisional agreement)     1 - Regular verification at the company’s offices by the Regional Department for Forests for the administrative district Receives the annual reports from each regional department             Examines the reports and sends a summary to CDF c/o ICEF     4.3.1.3: Report of findings of the forest administration, countersigned by the parties     2 - Production of a quarterly verification report to be sent to the General Directorate for Regional Services in Bangui May conduct an unscheduled check of the verification conducted by the regional departments and write a report, a copy of which is sent to CDF c/o ICEF             ICEF verifies that CDF is informing the SGBD annually             Checks company compliance           Frequency: at least once per year Frequency: annual             Back-up of result:           Back-up of result: CDF informs SGBD of verification results           Mission reports filed with the relevant regional department ICEF informs SGBD of verification check           Flows: Flows:           Mission report sent to company DGSR to CDF           Annual reports sent to General Directorate for Regional Services ICEF to the FLEGT licensing authority 4.3.2 If assets belonging to local or indigenous communities are destroyed by the company, compensation is provided in accordance with current regulations 4.3.2.1: Official reports of findings (PVC) read and approved by the parties Ministry responsible for forests Regional department Methodology: Body responsible: General Directorate for Regional Services (DGSR) ICEF Methodology:             DGSR     4.3.2.2: Proof of compensation     1 - Regular verification at the company’s offices by the Regional Department for Forests for the administrative district Receives the annual reports from each regional department Examines the reports and sends a summary to CDF c/o ICEF           2 - Production of a quarterly verification report to be sent to the General Directorate for Regional Services in Bangui May conduct an unscheduled check of the verification conducted by the regional departments and write a report, a copy of which is sent to CDF c/o ICEF             ICEF             Checks that the CDF informs the SGBD annually             Checks company compliance           Frequency: at least once per year Frequency: annual           Back-up of result: Back-up of result:           Mission reports filed with the relevant regional department CDF informs SGBD of verification results ICEF informs SGBD of verification check           Flows: Flows:           Mission report sent to company DGSR to CDF           Annual reports sent to General Directorate for Regional Services ICEF to the FLEGT licensing authority 5.1.1 The local communities, local authorities, NGOs, decentralised State structures and other development partners interested in forest resource management in the area in question are informed of the award of the PEA. 5.1.1.1: Minutes of sensitisation meetings written by the company and jointly approved by the stakeholders. Ministry responsible for forests DGEF Methodology: Send information report signed by the stakeholders, including a company representative, to CDF Inform database (digital copy) Body responsible ICEF Methodology Verify that SGBD updated           Frequency: once only for a given PEA award Frequency: once only for a given PEA award           Back-up of result: Update database. File hard copy Back-up of result: Inform SGBD of the results of the inputting check for this document           Flows: Send a copy to ICEF and CDF Flows: ICEF to the FLEGT licensing authority 5.2.1 The company respects the stipulations of the provisional agreement during its period of validity (three years) 5.2.1.1: Administration’s monitoring report Ministry responsible for forests Regional Department for the area, DGEF, BMIV ( brigade mobile d’intervention et de verification ) Methodology 1 - Regular verification by the Regional Department for the administrative district, the BMIV and the General Directorate for Water and Forests Body responsible: ICEF           2 - Visit forest office and worksite Methodology:           3 - Verify operations compliance Check CDF has informed SGBD and SGBD informed of verification check           4 - Produce a report Verification check of the different bodies on the basis of a sample           Frequency: quarterly Frequency: six-monthly           Back-up of result: Back-up of result:           DR: control report sent to DGSR with copy to ICEF Inform SGBD           BMIV: control report sent to firm with copy to ICEF Control report (PV)           DGEF: control report sent to DG with copy to ICEF   5.3.1 The prior studies have been conducted according to the rules set out by the forest administration. 5.3.1.1: Inventory report(s) Land-use report(s) Ministry responsible for forests DGEF Methodology: DGEF verifies and validates on the basis of an evaluation matrix to be developed Body responsible: ICEF     5.3.1.2: Report(s) of the socio-economic assessment(s)     Minutes of the evaluation meeting Methodology: Verification of existence of minutes           Frequency: for each land-use period or at each revision Frequency: for each land-use period or at each revision           Back-up: in the SGBD Back-up: inform SGBD           Flows: Flows:           From the assessment committee to DGEF ICEF to the FLEGT licensing authority           From DGEF to ICEF and CDF   5.3.2 The land-use plan has been produced according to the rules set out by the forest administration. 5.3.2.1: Final exploitation and land-use agreement Ministry responsible for forests Department for Inventory and Forest Planning (DIAF) and BMIV, DR Methodology: DGEF verifies and validates on the basis of an evaluation matrix to be developed Body responsible: General Directorate for Ministry for Water, Forests, Hunting and Fisheries           Minutes of the evaluation meeting Methodology: Verification of existence of minutes           Frequency: for each land-use period or at each revision Frequency: for each land-use period or at each revision           Back-up of result: back-up in the SGBD Back-up of result: SGBD informed           Flows: From the assessment committee to DGEF Flows: ICEF to the FLEGT licensing authority           From DGEF to ICEF and CDF   5.3.3 The management plan (PG) complies with the regulations. 5.3.3.1: Letter officially approving the PG Minister for Forests DGEF Methodology: Body responsible: ICEF           1 - Documentary examination, by a committee established to this effect, of the management plan submitted by the company in the context of the MEFCP’s rating system (cf. annexed document) Methodology: Verification of the existence of the approval letter for the PG and minutes of the meeting           2 - Letter of PG approval, if submission satisfactory             Frequency: five-yearly Frequency: five-yearly           Back-up of result: Back-up of result:           DGEF files PG letter of approval in the SGBD and in paper format in the archives Inform the SGBD that the point has been verified           Flows: Flows:           1 - DGEF sends approval letter to the company, ICEF/CDF, PARPAF, DGSR and meeting minutes with rating to the ICEF From ICEF to the FLEGT licensing authority 5.3.4 The annual operating plan, including maps, complies with the regulations. 5.3.4.1: Letter of submission of annual operating plan (PAO) to the office of the Minister for Forests. Minister for Forests DGEF Methodology: Body responsible: ICEF     5.3.4.2: Letter officially approving the PAO     1 - Documentary examination, by a committee established to this effect, of the PAO submitted by the company in the context of the MEFCP’s rating system Methodology: Verification of the existence of the approval letter for the PAO and minutes of the meeting           2 - Letter of PAO approval, if submission satisfactory             Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           DGEF files PAO approval letter in the SGBD and in the archives in paper format Inform the SGBD that the point has been verified           Flows: Flows:           1 - DGEF sends approval letter to the company, IC EFCP/CDF, PARPAF, DGSR and meeting minutes with rating to IC From ICEF to the FLEGT licensing authority 5.3.5 A plantation or reforested area of 50 ha or more has a simple management plan in line with current regulations. 5.3.5.1: Simple management plan for plantations of 50 ha or more, in line with the General Conditions 5.3.5.2: Letter approving the simple management plan Ministry responsible for forests General Directorate for Water and Forests (DGEFCP) Methodology: There are currently no exploitable plantations of 50 ha or more and so the verification methodology will be developed during the Agreement implementation phase.   5.4.1 The boundaries of the annual cutting area or provisional areas anticipated on the maps are concretely mapped out and respected, in accordance with the regulations. 5.4.1.1: Inspection visit reports from the forestry administration Minister for Forests Regional department, DGEFCP, BMIV Methodology: 1 - Verification by the applicable regional department, at the time of the harvest inventory, of the conformity of the actual boundaries with the rules specified in volume 3 of the land-use regulations. Body responsible: ICEF           2 - Verification of conformity of boundaries with the approved maps for the PAO Methodology: Check CDF has informed SGBD and that SGBD is informed of verification check           3 - Verification by the regional department, DGEF, BMIV, at the time of logging, of compliance with the boundaries set during the harvest inventory. Check the different bodies’ verification on the basis of a sample           4 - Production of verification reports             Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           Verification reports written SGBD informed             Paper filing by the CDF           Flows: Flows:           Copy of report sent to ICEF and CDF ICEF to CDF and ICEF to the FLEGT licensing authority 5.5.1 The service road network is planned and created in accordance with current regulations. 5.5.1.1: Annual operating plan approved by the forest administration Ministry responsible for forests DGEF Methodology: Body responsible: ICEF     5.5.1.2: Plan for the network of service roads for the provisional area     1 - Documentary verification of the road map and the administrative authorisation for opening up roads in the PAO submitted by the company in the context of the MEFCP’s rating system Methodology: Verification of the existence of the approval letter for the PAO and minutes of the meeting     5.5.1.3: Administrative authorisation to clear access roads (if access roads needed outside the AAC)     2 - Letter of PAO approval, if submission satisfactory             Frequency: Frequency:           annual for each PAO annual for each PAO           Back-up of result: Back-up of result:     5.5.1.4: Inspection reports from the forest administration     DGEF files the letter of approval and the PAO in the SGBD and in hard copy. Inform the SGBD that state that the point has been verified     5.5.1.5: Authorisation to open up tracks for an AAC     Flows: 1 - DGEF sends an approval letter to the company, to the IC EFCP/CDF, DGSR, along with the meeting minutes and the rating to the IC Flows: From ICEF to the FLEGT licensing authority 5.6.1 The minimum managed diameters (DMA) for final agreements or the minimum administrative maturity diameters (DME) for provisional agreements are respected during felling operations. 5.6.1.1: Worksite books 5.6.1.2: Inspection visit reports Ministry responsible for forests Regional department, DGEFCP, BMIV Methodology: Check worksite record book and site visit Body responsible: ICEF DSGR Methodology:             Check CDF has informed SGBD and SGBD informed of verification result             Check the different bodies’ verification on the basis of a sample           Frequency: quarterly for the regional departments and six-monthly for the BMIV Frequency: six-monthly           Back-up of result: Regular monitoring reports Back-up of result: Inform SGBD Control report (PV)           Flows: Flows:           DR: control report sent to DGSR with copy to ICEF ICEF to the FLEGT licensing authority           BMIV: control report sent to firm with copy to ICEF Send control report to CDF           DGEF: control report sent to DG with copy to ICEF   5.6.2 The species logged are authorised in the land-use plan, the PAO or the implementing regulations of the Forestry Code. 5.6.2.1: Land-use Plan 5.6.2.2: Worksite books Ministry responsible for forests Regional department, DGEFCP, BMIV Methodology: 1 - Regular verification by the Regional Department, BMIV and DGEFCP Body responsible: ICEF     5.6.2.3: ‘Timber movement’ form     2 - Visit forest office and worksite Methodology:     5.6.2.4: Special authorisation for unauthorised species     3 - Compare the list of species logged with those authorised in the land-use plan, the PAO and the list of species protected by the implementing regulations of the Forestry Code. Check CDF has informed SGBD and SGBD is informed of verification result Check the different bodies’ verification on the basis of a sample           4 - Produce a report             Frequency: quarterly Frequency: six-monthly           Back-up of result: Back-up of result:           DR: control report sent to DGSR with copy to ICEF Inform SGBD           BMIV: control report sent to firm with copy to ICEF Control report (PV)           DGEF: Control report sent to DG with copy to ICEF             ICEF: copy of each report and original sent to CDF to inform SGBD and file             Flows: Flows:           Receipt of verification reports from the three previous bodies ICEF to the FLEGT licensing authority           Send to ICEF/CDF for SGBD information Send control report to CDF 5.7.1 Timber that is felled and abandoned in the forest is in line with current regulations. 5.7.1.1: Worksite books 5.7.1.2: Report on the findings of abandoned wood by the forest administration Ministry responsible for forests Regional department for the administrative district, DGEF, BMIV Methodology: 1 - Regular verification by the Regional Department for the administrative district, the BMIV and the General Directorate for Water and Forests Body responsible: ICEF           2 - Visit forest office and worksite Methodology:     5.7.1.3: Control reports from forestry administration     3 - Verification in the worksite record book of the haulage of felled trees within regulatory deadlines (six months) Check CDF has updated SGBD and SGBD informed of verification result           4 - Visit to forest depots in case of doubt or suspicion Check the different bodies’ verification on the basis of a sample           5 - Produce a report             Frequency: quarterly Frequency: six-monthly           Back-up of result: Back-up of result:           DR: control report sent to DGSR with copy to ICEF Inform SGBD           BMIV: control report sent to firm with copy to ICEF Control report (PV)           DGEF: control report sent to DG with copy to ICEF             ICEF: Copy of each report and original sent to CDF to inform SGBD and file             Flows: Flows:           Receipt of verification reports from the three previous bodies ICEF to the FLEGT licensing authority           Send to ICEF/CDF for SGBD information Send control report to CDF 6.1.1 The company has at least one processing facility in accordance with the regulatory provisions, three years after award of the PEA. 6.1.1.1: Processing facility licence Ministry responsible for forests DGEFCP Methodology: 1 - Verify the existence of at least three ‘processing facility’ timber movement forms at the end of the fourth month (no more than three years after award of PEA) Body responsible: ICEF Methodology:           2 - Produce a report to send to the ICEF and CDF On-site investigation Produce a control report with copy to CDF for filing Inform SGBD           Frequency: just once for a given PEA Frequency: just once for a given PEA           Back-up of result: Back-up of result:           1 - Produce a report to send to the ICEF with copy to CDF Control report           2 - CDF informs SGBD Inform SGBD           3 - File report             Flows: Flows:           DGEF to ICEF and CDF ICEF to CDF and to the FLEGT licensing authority 6.1.2 The company has proof that it is respecting the minimum annual processing quota (70 %) set by the State. 6.1.2.1: ‘Timber movement’ form or statistics yearbook Ministry responsible for forests Forestry Data Centre (CDF) Methodology: 1 - Ongoing information of volumes felled and volumes processed from the CDF Body responsible: General Directorate for Ministry for Water, Forests, Hunting and Fisheries           2 - Verification of this verifier can be undertaken annually, automatically by the SGBD by comparing, to begin with and for each company, the volume of target species processed with the volume of same species felled Methodology:           3 - The list of species could gradually change over time and could be updated at a frequency of around every five years (deadline to be decided by the Ministry responsible for forests) Verification each year, no later than 30 January for the previous year, of the compliance of companies in the SGBD after consideration of the CDF’s report           4 - Verification each year of the compliance of companies and produce a report, by 30 January, to be sent to the ICEF/CDF with filing of hard copy             Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           1 - Inform SGBD Inform the SGBD that the point has been verified           2 - CDF writes annual report noting the situation of each company’s PEAs             Flows: Flows:           1 - Send logging companies’ operating data to CDF in electronic format From ICEF to the FLEGT licensing authority           2 - Send annual reports to ICEF   6.2.1 Logs and timber products imported for processing are registered in line with regulatory provisions 6.2.1.1: Commercial import declaration Customs Office and BARC (Central African Road Haulage Office) Ministry of Finances Methodology: 1 - Verification of timber-based products at point of entry by Central African Republic’s customs and Ministry for Water and Forests Body responsible: General Directorate for Customs and Indirect Taxes (DGDDI) General Directorate for Water, Forests, Hunting and Fisheries     6.2.1.2: ‘Timber movement’ form Department for Forest Logging and Industry (DEIF), Mobile Intervention and Verification Brigade (BMIV) Minister for Forests 2 - Allocation of a code and inclusion in the SYDONIA database for customs and the SGBD for the Ministry for Water and Forests Methodology: Monthly verification of the volumes imported and reconciliation of data, bearing in mind the exporting company’s own production             Produce a control report to be filed at the CDF             Send explanatory request to company           Frequency: on each import Frequency: monthly           Back-up of result: Back-up of result:           Inform SGBD Inform SGBD           Flows: Border posts to CDF c/o ICEF Flows: ICEF to company (request for explanation)             ICEF to CDF (control report)             From ICEF to the FLEGT licensing authority 6.2.2 Purchases of logs and timber products for processing, including imported, are of a known and legal origin. 6.2.2.1: FLEGT licence from country of origin accompanies imported products Ministry of Finances and Budgets General Directorate for Customs and Indirect Taxes (DGDDI) Methodology: 1 - Verification of timber-based products at point of entry by Central African Republic’s customs and Ministry for Water and Forests Body responsible:   General Directorate for Customs and Indirect Taxes (DGDDI),   General Directorate for Water, Forests, Hunting and Fisheries     6.2.2.2: Sustainable management certificate or certificate of legal origin     2 - Allocation of a code and inclusion in SYDONIA for customs and the SGBD for the Ministry for Water and Forests Methodology: Monthly verification of the volumes imported and reconciliation of data, bearing in mind the exporting company’s own production             Produce a control report to be filed at the CDF             Send explanatory request to company           Frequency: on each import Frequency: monthly           Back-up of result: Back-up of result:           Inform SGBD Inform SGBD           Flows: Flows:           Border posts to CDF c/o ICEF ICEF to company (request for explanation)             ICEF to CDF (control report)             From ICEF to the FLEGT licensing authority 7.1.1 The declaration on timber production is held in line with the regulatory provisions of the Forestry Code. 7.1.1.1: ‘Timber movement’ form Ministry responsible for forests Forestry Data Centre (CDF) Methodology: 1 - Receive monthly timber movement forms sent by each company Body responsible: General Directorate for Water, Forests, Hunting and Fisheries           2 - Verify form and content Methodology:           3 - Inform SGBD and automatic reconciliation with SGBD data sent by the company at a frequency to be established. 1 - Verify monthly data inputting and of the conformity of its data with that of the SGBD           4 - Exchange views in order to clear up any inconsistencies 2 - Inform SGBD of verification check results in this regard           Frequency: monthly Frequency: monthly           Back-up of result: Back-up of result:           Filing of timber movement forms by the CDF Inform SGBD           Inform SGBD             Flows: Flows:           Company to CDF ICEF to the monitoring body           CDF Company   7.1.2 The declaration on timber processing is in line with the ‘timber movement’ forms. 7.1.2.1: ‘Timber movement’ form Ministry responsible for forests DGEFCP Methodology: Verification of production data in relation to the ‘timber movement’ forms declared Body responsible ICEF Methodology             Documentary investigation of DGEF reports           Frequency: once a year for a given processing facility Production of a control report with copy to CDF for filing           Back-up of result: Inform SGBD           1 - Produce a report to send to ICEF with copy to CDF Frequency: once a year for a given processing unit           2 - CDF informs SGBD Result backup           3 - Filing of report Control report           Flows: Inform SGBD           DGEF to ICEF and CDF Flows             ICEF to CDF and to the FLEGT licensing authority 7.1.3 Declarations on timber sales and export of products are produced in line with the regulatory provisions. 7.1.3.1: ‘Timber movement’ form 7.1.3.2: Customs declaration Ministry of Finances and Budgets Regional Customs Department Methodology: 7.1.3.2.: 1 - Movement through customs with customs documents (customs declaration); arranged Body responsible: General Directorate for Customs and Indirect Taxes (DGDDI)/ Department for Investigations, Prosecutions and Fraud/A posteriori Control Department)     7.1.3.3: Commercial export declaration (DEC) Ministry of Trade General Directorate for Customs 2 - Study of form, to judge admissibility Methodology:         General Directorate for Trade 3 - If admissible, input into database A posteriori documentary check of the form of the documents and their content         Department for Customs Legislation/Exemptions and Franchises Department 4 - Documentary verification of content and form (basic, in-depth, integral - including vehicle)             5 - Issuing of release warrant for export or transit             7.1.3.3: 1 - Comparison of the DEC’s proforma invoice with the final invoice for the E 101 declaration             2 - Verification with the General Directorate for Trade in case of doubt             Frequency: at each declaration Frequency: in case of suspicion           Back-up of result: Back-up of result:           Local customs database (electronic and paper format) / SYDONIA (central level) / Manual filing Customs: Production of official report (on site, findings on non-compliance, input) Entry in disputes ledger           Inform SGBD Inform SGBD           Continual flows: Flows:           1 - From company to customs 2 - From customs to company 1 - From customs to the Ministry responsible for forests (CDF c/o ICEF) according to a procedure to be developed           3 - From customs to the Ministry responsible for forests according to a procedure to be developed 2 - From ICEF to the FLEGT licensing authority           Figures sent to the Statistics Department   7.1.4 Tax/customs declarations are made in line with the regulatory provisions. 7.1.4.1: Receipt for licence payment Ministry of Finances Revenue Stamps Department Methodology: 7.1.4.1: Body responsible: DGEFCP & DGID (General Directorate for Taxes and Domains)             Methodology:     7.1.4.2: Receipt for IMF (minimum set tax) payment     1 - Observance of customs clearance procedures and entry on the NIF register Observance of customs clearance procedures and entry on the NIF register           2 - On-site visit       7.1.4.3: Receipt for IS/IR (corporation/income tax) payment     3 - Declaration (verbal or in writing) of turnover by the company accounts department to the Financial Department of the company in Bangui       7.1.4.4: Receipt for value added tax (VAT) payment     4 - Check turnover in the Financial Department of the company in Bangui             5 - Allocation of a quota, prorata or not, of turnover             Frequency: Frequency:           7.1.4.1: for each financial year Idem           7.1.4.2: annual             Back-up of result: Back-up of result:           1 - Entry in tax identification system (SYSTEMIF) 1 - Entry in tax identification system (SYSTEMIF)           2 - Manual filing of documents at customs 2 - Manual filing at tax department           3 - Entry into SGBD 3 - Entry into SGBD           Continual flows: Flows:           1 - From company to taxes: declaration 1 - From taxes to CDF c/o ICEF           2 - From taxes to CDF c/o ICEF 2 - From ICEF to the FLEGT licensing authority 7.2.1 All forest taxes and fees are paid within the stipulated deadlines. 7.2.1.1: Receipt for payment of rental tax Ministry of Finances DGEFCP DGID (General Directorate for Taxes and Domains) Methodology: 1 - Documentary verification (felling, rental and reforestation taxes) by the Ministry of Forests and physical verification (reforestation tax) by the structure delegated by the administration (BIVAC) for export production Body responsible: Central Inspectorate for Water, Forests, Hunting and Fishing     7.2.1.2: Receipt for payment of felling tax Ministry responsible for forests   2 - Production of revenue orders by the administration for each beneficiary (State, communes, CAS-DF) and for a given tax (rental, felling, reforestation), after company declaration, with the exception of rental. Central Inspectorate for Finances     7.2.1.3: Receipt for payment of reforestation tax     Declaration deadlines: Felling and reforestation tax: Currently: monthly production and dispatch (within 21 days for the previous month) of timber movement forms Methodology: Central Inspectorate for Finances 1 - A posteriori documentary control of the form of the documents and their content     7.2.1.4: Notification stipulating exceptional measures relating to payment of company taxes and fees     In the context of the national tracking system (NTS): constant exchange of operating data between companies and the forest administration, according to a procedure to be defined, hence a shortening of this deadline. ICEF 1 - Regular verification of declarations (six-monthly) and production of a report according to a procedure to be developed           Rental: payment during January each year on the basis of the area in use; the amount per hectare of the tax is set each year by the Finance Law 2 - Verification of monthly data inputting and of the conformity of its data with that of the SGBD             3 - Inform SGBD of verification control results in this regard           3 - Payment by the company within the given deadlines either to the Public Treasury (State) or to the Bank of Central African States (BEAC) (communes) or to the CAS DF ( compte d’affectation special pour le développement forestier )             Frequency: Frequency:           Rental: yearly Central Inspectorate for Finances           Reforesting and felling: quarterly Ongoing, in case of suspicion             ICEF             Rental: yearly             Reforesting and felling: quarterly           Back-up of result: Back-up of result:           1 - Order to collect revenue filed with DGEFCP Registration in the tax identification system (SYSTEMIF)           2 - Registration in the tax identification system (SYSTEMIF) Inform SGBD Manual filing           3 - Entry in the SGBD             Flows: Flows:           1 - Company to DGEFCP: timber movement forms in electronic or paper format From IC Finances to CDF c/o ICEF           2 - DGEFCP to DGID, communes, CAS-DF: order to collect in paper format ICEF to the monitoring body           3 - From Treasury, the BEAC and the CAS-DF to CDF c/o ICEF according to a procedure to be developed   7.2.2 All fees and taxes linked to timber exports are paid on time. 7.2.2.1: Receipt for DS (exit fee) payment Ministry of Finances Regional Customs Department Secure export revenues structure Methodology: Body responsible: General Directorate for Customs and Indirect Taxes (DGDDI)     7.2.2.2: Receipt for IMF (minimum set tax) payment Ministry responsible for forests General Directorate for Taxes and Domains (DGID) Verification by the main cash office of the transit centre in Bangui or by the regional customs departments in the provinces: Central Inspectorate for Water, Forests, Hunting and Fishing (ICEF)           1 - Physical check on-site by customs (mandated structure: BIVAC) after each receipt of the company’s specifications       7.2.2.3: Receipt for REIF (Ministry of Finance tax on provision of computer tools) payment     2 - Establish specifications (mandated structure: BIVAC), issue other necessary documents: certificate of verification, DEC, etc.             3 - Customs declaration Methodology:           4 - Examination and ‘good for dispatch’ stamp DGDDI: Systematic a posteriori verification of the declaration           5 - Exchange of information with ICEF/CDF according to a procedure to be defined ICEF: Check CDF has informed SGBD           6 - CDF informs SGBD             Frequency: on each export Frequency: ongoing           Back-up of result: Back-up of result:           Inputting into SYDONIA Inputting into SYDONIA           Filing of declaration documents in paper format Production of activity reports and official reports           Flows: Flows:           From main cash office and regional departments to ICEF/CDF DGDDI to ICEF/CDF according to a procedure to be established             ICEF to the FLEGT licensing authority 7.2.3 All fees and taxes linked to imports of equipment used by the company (other products) are paid before the ‘good for dispatch’. 7.2.3.1: Receipt for customs duties (import) payments Ministry of Finances Main cash office of the transit centre and regional department DGID Methodology: 1 - Customs declaration 2 - Consideration of file Body responsible: DGDDI Central Inspectorate for Water, Forests, Hunting and Fishing     7.2.3.2: Receipt for value added tax (VAT) payment Ministry responsible for forests DGEFCP 3 - Where appropriate, physical verification depending on channel Methodology:     7.2.3.3: Receipt for TCI (community integration tax) payment     4 - ‘Good for dispatch’ stamp (BAE) Systematic a posteriori verification of the declaration     7.2.3.4: Receipt or CCI (community integration contribution) payment     5 - Exchange of information with ICEF/CDF according to a procedure to be defined       7.2.3.5: Receipt for REIF (tax on provision of financial computer tools) payment     6 - CDF informs SGBD             Frequency: at each declaration Frequency: ongoing           Back-up of result: Back-up of result:           Inputting into SYDONIA Inputting into SYDONIA           Filing in paper format of declaration documents Production of activity reports and official reports     7.2.3.6: Receipt for OHADA payment (OHADA fee)             7.2.3.7 Receipt for CMF payment (Central Africa Forests Commission fee)     Flows: From main cash office and regional departments to ICEF/CDF Flows: DGDDI to ICEF/CDF according to a procedure to be established ICEF to the FLEGT licensing authority 7.2.4 The company has repatriated the ‘free on truck’ (FOT) values of products declared for export outside of CEMAC to a local bank within 30 days of the deadline stipulated in the contract. 7.2.4.1: Certificate of bank debit order Ministry of Finances Unit responsible for monitoring repatriation of export revenues (CCCRRE) Methodology: 1 - Send export documents (FOT values) and proof of repatriation to the CCCRRE (unit responsible for monitoring repatriation of export revenues) Body responsible: ICEF     7.2.4.2: Funds transfer document Ministry responsible for forests ICEF/CDF 2 - Gather information on customs and taxes declarations Methodology:           3 - Verify capital repatriated to the banks and reconcile with customs and tax information (the repatriation must be undertaken within a maximum of 30 days following payment deadline) Check CDF has informed SGBD           4 - Produce an annual situation report for each company and send to CDF c/o ICEF via a procedure to be established             Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           1 - Control reports relating to each mission filed with the joint tax-customs unit SGBD informed of control results           2 - Annual report with copy to CDF c/o ICEF             3 - CDF to inform SGBD             Flows: Flows:           Company sends tax declaration (DSF) to tax/customs unit. ICEF to the FLEGT licensing authority           Tax/customs unit sends annual report to CDF c/o ICEF   8.1.1 The lorries and other vehicles for transporting timber products are correctly registered and licensed. 8.1.1.1: Vehicle registration documents 8.1.1.2: Technical data sheet Ministry of Defence Ministry of the Interior Traffic Police/Border Police/Customs Methodology: Presentation of documents during road formalities Body responsible: Traffic Police/Border Police/Customs Verification of control is undertaken by the same bodies at different geographical points (different checkpoints)     8.1.1.3.: Insurance 8.1.1.4: Transport licence Ministry of Finances and Budgets     Methodology: Idem     8.1.1.5: If forest produce is being transported for export: haulage authorisation     Frequency: at each checkpoint for a given load (lorry) Frequency: at each checkpoint for a given load (lorry)           Back-up of result: Back-up of result:           Official report in paper form if an infringement is noted Official report in paper form if an infringement is noted           Reports according to a procedure to be established Reports according to a procedure to be established           Flows: Flows:           Procedure for exchanging information to be developed after consultation between the departments in question Procedure for exchanging information to be developed after consultation between the departments in question 8.1.2 Transport documents for timber and derived products for export are in line with current regulations. 8.1.2.1.: Waybill or route map Ministry of Transport Traffic Police/Border Police/Customs/BARC/Water and Forests Methodology: Body responsible: Traffic Police/Border Police/Customs/BARC (Central African Road Haulage Office) / Water and Forests     8.1.2.2: Dispatch note, accompanied by: specifications, D15, commercial export declaration, invoice, certificate of origin Ministry responsible for forests Ministry of Trade   Presentation of documents during forest and customs formalities prior to departure and during road and border formalities Methodology: Presentation of documents during forest and customs formalities prior to departure and during road and border formalities       Ministry of Finances   Frequency: at departure and at each checkpoint for a given load (lorry) Frequency: at departure and at each checkpoint for a given load (lorry)           Back-up of result: Official report in paper form if an infringement is noted Result backup: Official report in paper form if an infringement is noted           Flows: Flows:           Verification by Water and Forests Department staff: send monthly report to ICEF Verification by Water and Forests Department staff: send monthly report to ICEF           Other department staff: procedure for exchanging information to be developed after consultation between the departments in question Other department staff: procedure for exchanging information to be developed after consultation between the departments in question 8.1.3 The company is implementing measures to apply the ban on the transportation of persons. 8.1.3.1.: Company’s internal regulations Ministry responsible for forests Regional department for the administrative district, DGEF, BMIV Methodology: 1 - Verify a ban on transporting people in the internal regulations Body responsible: ICEF     8.1.3.2: Service note     2 - Verify a service note specifying this ban displayed and noted on lorries used for transporting wood Methodology: Verification control has been conducted           3 - Produce a report Inform SGBD           4 - Send copy of report to CDF to inform SGBD and file             Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           Verification report filed and SGBD informed Inform SGBD           Flows: Reports to ICEF/CDF Flows: ICEF to the FLEGT licensing authority 8.2.1 The logs and stumps of felled trees are hammered and marked in line with regulatory requirements. 8.2.1.1: Inspection visit report from the forestry administration Ministry responsible for forests Regional department (DR), DGEFCP, BMIV Methodology: 1 - Regular verification by the Regional Department, BMIV and DGEFCP Body responsible: ICEF           2 - Visit to worksite office and log yards Methodology:           3 - Verify marking of logs and stumps Check CDF has informed SGBD and SGBD informed of verification result           4 - Produce a report Check different bodies’ verification on the basis of a sample           Frequency: quarterly Frequency: quarterly           Back-up of result: DR: control report sent to DGSR with copy to ICEF BMIV: control report sent to firm with copy to ICEF DGEF: control report sent to DG with certified copy to ICEF/CDF Back-up of result: 8.2.2 In forest depots, logs are hammered and marked according to current regulations. 8.2.2.1.: Inspection visit report from the forestry administration Ministry responsible for forests Regional department for the administrative district Methodology: Body responsible:         DGEFCP Verification of compliance with national tracking system (NTS)           BMIV 1 - Regular verification by the Regional Department, BMIV and DGEFCP             2. Office visit to log yards Methodology:           3 - Verify marking of logs Inform SGBD           4 - Produce a report Control report (PV)           ICEF/CDF: documentary examination, inform SGBD and filing             Flows: Flows:           Receipt of verification reports from the three previous bodies ICEF to the FLEGT licensing authority Send official report to ICEF/CDF           Send to ICEF/CDF for SGBD information   8.2.3 Log transport documents are filled in prior to leaving the worksite. 8.2.3.1: Waybill (also known as a delivery note or removal note) Ministry responsible for forests Regional department Methodology: Body responsible: Central Inspectorate for Water, Forests, Hunting and Fishing           NB: in 2010 this control was not systematic, indeed virtually absent. The DGEF must develop a procedure to this end Methodology           Frequency:             Back-up of result: Back-up of result:           Flows: Flows: 8.2.4 Log and log bundle documents are filled in prior to leaving the log depot or factory. 8.2.4.1: Waybill (also known as a delivery note or removal note) Ministry of Forests/ Ministry of Finances   Methodology: 1 - Physical on-site check by customs (BIVAC) after each receipt of company specifications Body responsible: General Directorate for Customs and Indirect Taxes (DGDDI) ICEF           2 - Specifications established by the mandated structure (BIVAC), other necessary documents issued: certificate of verification, DEC, etc. Methodology: DGDDI: verification control by customs after customs declaration             ICEF           Frequency: at each declaration Frequency: at each declaration           Back-up of result: Back-up of result:           1 - Specifications in the database by the mandated structure (BIVAC) 1 - Inputting into SYDONIA 2 - Manual filing           2 - Manual filing 3 - Inform SGBD           3 - Inform SGBD             Flows: Flows:           1 - Company to mandated structure (BIVAC) 1 - DGDDI to CDF c/o ICEF according to a procedure to be developed           2 - Mandated structure (BIVAC) to CDF c/o ICEF according to a procedure to be developed 2 - ICEF to the FLEGT licensing authority 9.1.1 The amounts allocated to community budgets are regularly paid by the company. 9.1.1.1: Receipt proving payment of revenue orders Ministry responsible for forests Central Inspectorate/Administration and Finances (MEFCP) Methodology: Body responsible: ICEF           DGEF to send a copy of revenue orders to CDF Methodology:     9.1.1.2: Administrative authorisation for staggered payment of taxes     Systematic dispatch of a copy of payment receipts to CDF c/o ICEF for filing and SGBD information Verify that CDF has input the information Verify compliance of receipts with corresponding revenue orders             Input control results           Frequency: monthly Frequency: monthly           Back-up of result: Back-up of result:           Filing of revenue orders and copies of receipts by CDF once SGBD informed Inform SGBD           Flows: Flows:           DGEF to CDF Company to ICEF/CDF ICEF to the FLEGT licensing authority 9.1.2 The social actions planned by the company and appearing in the PAO and PG or in the provisional agreements have been implemented. 9.1.2.1: PAO approved by the forest administration (each PAO comprises a description of the social activities undertaken the previous year) Ministry responsible for forests General Directorate for Water and Forests Methodology: 1 - Documentary examination, by a committee established to this effect, of the management plan and PAO submitted by the company in the context of the MEFCP’s rating system Body responsible: Central Inspectorate for Water, Forests, Hunting and Fishing (ICEF)           2 - Assess company’s social report       9.1.2.2: Provisional agreement signed by the company and the Ministry responsible for forests     3 - Letter of approval, if submission satisfactory Methodology: Verify the existence of an approval letter for the PG and PAO and minutes of the meeting:           Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           DGEF files PAO approval letter in the SGBD and in the archives in paper format Inform the SGBD that the point has been verified           Flows: Flows:           1 - Approval letter sent by DGEF to the company, ICEF/CDF, DGSR and meeting minutes with rating to ICEF From ICEF to the FLEGT licensing authority 9.2.1 The commitments made by the company in the PG, the terms and conditions, the PAO or the provisional agreement to contribute to preventing poaching and illegal forest logging in its area of intervention are respected. 9.2.1.1: Worksite inspection reports from the administration Ministry responsible for forests General Directorate for Water and Forests (DGEFCP) Regional department Methodology: Verification of this point was not conducted in 2010; it is important that it is included in a verification procedures manual to be developed by the DGEF Body responsible: Central Inspectorate for Water, Forests, Hunting and Fishing (ICEF)     9.2.1.2: Company reports on information, education and awareness raising campaigns       Methodology:     9.2.1.3: PAO approved by the forest administration     Frequency: Frequency:           Back-up of result: Back-up of result:     9.2.1.4: Internal regulations     Flows: Flows: 10.1.1 The company (and, in the case of private plantations, the individual or community) ensures that all its sub-contractors and suppliers are authorised to exercise their activity. 10.1.1.1: Accreditation of valid profession Ministry of Trade Formalities section (‘One Stop Shop’) Methodology: 1 - Each company sends a list of its sub-contractors to the CDF. 2 - Their authorisation is checked with the Ministry of Trade (‘One Stop Shop’) Body responsible: ICEF     10.1.1.2: Sub-contracts registered Ministry responsible for forests Forestry Data Centre (CDF) Inform SGBD Methodology: Verify data input             Inform SGBD of control results in this regard           Frequency: ongoing, according to changes in each supplier’s list Frequency: after each updating by the CDF           Back-up of result: Back-up of result:           Inform SGBD Inform SGBD           Flows: Flows:           Company to CDF             CDF to Min. of Trade (‘One Stop Shop’) ICEF to the FLEGT licensing authority           Min. of Trade to CDF   10.2.1 The company (and, in the case of private plantations, the individual or community) is duly paying for the services anticipated in the contract. 10.2.1.1: Invoices Ministry responsible for forests Department for Legal Affairs and Litigation of the Ministry responsible for forests (DAJC). Methodology: 1 - Court clerks to verify no disputes underway in relation to payment for services Body responsible: ICEF     10.2.1.2: Transfer document or cheque or receipt proving payment of the corresponding invoices     2 - Produce a report and entry on the infringements register, as appropriate 3 - Report sent to ICEF/CDF Methodology: Check the infringements register is properly maintained Check information in SGBD           Frequency: annual Frequency: annual           Back-up of result: Back-up of result:           Annual Report Inform SGBD of the results of this point of control           Registration in the infringements register held by the Ministry responsible for forests             Inform SGBD             Flows: Flows:           Court clerks to DAJC DAJC to ICEF/CDF ICEF to the FLEGT licensing authority 2.3.   Recognition of forest certification mechanisms There are currently no companies with private forest certification in the CAR. The LAS will need to take into account coordination between private certification systems and the LAS and promote synergies, particularly in order to avoid unnecessary checks. In this context, recognition of private certificates of legality and sustainable management will be provided by the Ministry responsible for forests, subject to a check of the audit results of private certification by ICEF. The private certification audit results will need to be sent to ICEF. A regulatory text will be implemented by the Ministry responsible for forests in order to clarify the information flows relating to certification. 2.4.   Cases of non-compliance with legal requirements In the context of the LAS, non-compliance will be handled in accordance with the legal and regulatory provisions in force in the CAR. In the context of issuing FLEGT licences, a procedures manual for handling non-compliances and sanctions, aimed at strengthening the control system, will be developed during the Agreement implementation period, prior to the issuing of the first FLEGT licence by the CAR. 3.   WOOD TRACKING SYSTEM AND CONTROL OF THE SUPPLY CHAIN 3.1.   Operational demands of traceability There is currently no national tracking system. Nonetheless, there are systems that have been developed internally by each logging company. Export transport documents are stipulated by law; however, at national level and on the worksites, there is no regulatory text in force in 2010. Consequently, during the implementation period and prior to issuing of the first licence, a regulatory text will need to specify the provisions relating to the national tracking system and the transport of timber and derived products. The traceability chain will be managed by a national tracking system (NTS) to be established, the data of which will be centrally held in the database management system (SGBD), managed by the Forestry Data Centre (which reports institutionally to ICEF), and fed by the logging companies and the secure customs revenues structure (currently BIVAC). A national numbering system will be adopted in order to classify each product. A number of bodies will participate in the tracking system. These bodies are: — the companies responsible for all activities, from harvest inventory to exporting the rough and processed timber; — the Ministry for Water and Forests, which provides verification and verification checks for logging and processing along the whole supply chain through its centralised departments (DGEF, DGSR, ICEF and the CDF and BMIV); — the secure customs revenues structure (currently BIVAC), which checks specifications, identifies species and establishes volumes. It also issues the commercial import declaration for timber imported for processing; — the Ministry of Trade, which is responsible for countersigning the commercial import declaration (DIC) for timber imported for processing and the commercial export declaration (DEC); — the Ministry of Finances, through its centralised and decentralised customs departments, which check customs clearance, issue receipts for fees and taxes received and register timber in transit; — border inspectors from the Ministry for Water and Forests who check transport documents. 3.1.1.   Case of timber and derived products coming from PEAs and plantations The following table gives the principles and requirements of the traceability chain for timber and derived products coming from PEAs. The specific requirements for forest plantations are also specified. The following table gives the requirements of the traceability chain: 1st column : describes the stages in the supply chain, 2nd column : describes the responsibilities and activities of each actor, 3rd column : describes the necessary data and its collection methods, 4th column : specifies the verification structures and methodology used by each structure to validate or reconcile the data. These principles and requirements may be adjusted during implementation of the Agreement, without these adjustments damaging the quality of the traceability chain. INVENTORY Supply stage or chain Responsibility and activities Necessary data and its collection method Verification Validation Reconciliation HARVEST INVENTORY Body responsible: COMPANY Activities: — Marking out of cutting area — Opening up of forest paths — Measuring of trees — Positioning and mapping of trees — Numbering and marking of trees NB: For plantations: (a) a simple management plan must be produced for plantations of more than 50 ha; (b) a prospecting report and simplified map (location on a topographical map) must be submitted to the DIAF for plantations of less than 50 ha; (c) the following information must, however, be provided for plantations of more than 50 ha: (i) age of tree population, (ii) average height of tree population, (iii) GPS location, (iv) area, (v) simplified map with plot shown on the ground, (vi) number of standing trees, (vii) class of circumference or diameter; (d) the systematic marking of standing timber is not compulsory; (e) the DIAF issues a logging permit. Declaration document: Annual Operating Plan (PAO) Data: — Permit Number — Number of Forest Management Unit (UFG), exploitation and land-use permit (PEA) or plantation — Number of annual cutting area (AAC) — Inventory number — Species name — DMA (minimum diameter defined in the land-use plan) — UTM (Universal Transverse Mercator) positioning. Flows: Inform SGBD (electronic format to be included in volume 3 of the land-use regulations) Methodology: Coordination of the six bodies below is provided by ICEF: 1. Department for Forestry Inventory and Land-use (DIAF):   Conformity of inventoried data in relation to previous PAO.   Verification of AAC maps. 2. Regional department:   Verification of road networks and cartography of the resource.   Sends reports to DGSR. 3. General Directorate for Regional Services (DGSR):   Verification of regional departments’ activities.   Harvesting information sent to DGEF. 4. Department for Forest Logging and Industry (DEIF):   Verification of road networks and cartography of the resource   Sends data to CDF. 5. General Directorate for Water and Forests (DGEF):   Verification and validation of reports from DGSR, DIAF and DEIIF   Sends data to CDF   Sends reports to ICEF. 6. Forestry Data Centre (CDF): Compilation of data at MEFCP level.   LOGGING OPERATIONS Supply stage or chain Responsibility and activities Necessary data and its collection method Verification Validation Reconciliation FELLING Body responsible: COMPANY Activities: — Selection and cutting of trees. — Hammering of felling number on stump and roots. — Copying of inventory numbers onto stumps. — Stump marking. — Data registration and storage. NB: For plantations of more than 50 ha:   Cutting is undertaken by area.   All logs are marked.   Use of a worksite record. Declaration document:   Worksite record (paper and/or electronic)   Timber movement form Data: — Permit number — UFG (PEA or plantation) number — AAC number — Inventory number — Felling number — Species — Size and volume of the tree felled — As an attachment, the updated map of the logging area — DMA — UTM positioning Flows:   Company submits worksite records and timber movement declarations to DGEFCP   Company sends logging data to CDF to input into SGBD. Methodology:   Regional Department for Water and Forests:   Verification:   Worksite record   Evacuation slips   On-site verification of: — positions of felled trees, boundaries of AAC — DMA   Verification reports sent to DGSR.   Joint Control Brigade (BMC):   Verification checks — Worksite record — Evacuation slips — Respect for boundaries of AACs — Respect for DMA — Marking of UFG, plantation and AAC boundaries   List of infringements   Reports sent to litigation department   Control reports sent to ICEF. NB: For verification in plantations: DGEF reconciles volumes felled with volumes declared on the inventory by the logger for a particular plot. No individual traceability up to stump. CDF: In charge of supervising reconciliation in SGBD between (i) information available from harvest inventories and (ii) information available on felling (logging). The information to be reconciled at this stage must, as a minimum, include: 1. For each tree felled: (a) the inventory number declared on the land-use plan in relation to this same number declared on the worksite record; (b) the position of the declared tree on the land-use plan in relation to this same felled tree declared on the worksite record; (c) the species of tree declared on the land-use plan in relation to the species of felled tree. 2. By management unit: (i) AACs of PEAs and (ii) forest plantations: (a) the number of harvestable trees per species declared on the harvest inventory in relation to the number of trees per species felled; (b) the volume per species declared on the harvest inventory in relation to the volume per species felled; (c) the inventory numbers of the trees felled and declared on the worksite records in relation to all the numbers of harvestable trees declared on the harvest inventory. HAULAGE AND PREPARATION AT FOREST DEPOT Body responsible: COMPANY Activities: — Initial sorting — First calculation of cubic volume of logs — Marking and numbering of logs — Sectioning of logs for transport — Copying of inventory numbers onto sheets. Declaration document: — Daily haulage list — Haulage sheets — Forest depot record (Worksite record) — Inter-forest transport note Data: — Permit number — UFG (PEA or plantation) number — AAC number — Species — Number of standing trees — Felling number — Number of log sections — Description of forest marking hatchet — Dimensions and volume of logs Flows:   Company submits worksite records and timber movement declarations to DGEFCP   Company sends logging data to CDF to input into database. Methodology:   DEIF and Regional Department for Water and Forests:   Verification: — Worksite record — Evacuation slips — DMA.   Transmission of verification reports to DGEFCP. CDF: Responsible for supervising reconciliation in SGBD between (i) information available from production data and (ii) information gathered upstream in the sector. The information to be reconciled at this stage must, as a minimum, include: 1. For each tree felled: (a) the numbers of the sections (secondary logs) in relation to the number of the primary sawn log declared on the worksite record; (b) the species of the sections in relation to the species of the primary sawn log declared on the worksite record; (c) the cumulative length of the sections in relation to the total length of the primary sawn log; (d) the diameter of each section in relation to the diameter of the primary log; (e) the logging data appearing on the worksite record in relation to the AAC’s validity dates. PREPARATION AND EXPORT OF LOGS Body responsible: COMPANY Activities: — Sorting of sectioned logs — Storage by species by contract or without contract — Sawing — Calculation of volume of sections (diameter, length, volume) — Marking and numbering of sections. Body responsible: Service commissioned by the administration. Activities: Placing of labels/bar codes. Declaration document: — Depot register — Entry list — Preparation record — Specifications Data — PEA or plantation number — Felling number — Sizes of logs — Species — Number of log sections — Contract number — Client name — Label Flows:   Company sends timber movement forms to CDF   DGEFCP issues revenue orders and sends reports to CDF   BMC’s report sent to ICEF Methodology:   DEIF and Regional Department for Water and Forests:   Verification: — DMA — List of authorised species   List of infringements, if necessary   Verification reports sent to DGEFC   Joint Control Brigade (BMC):   Label check   List of infringements, if necessary   Control reports sent to ICEF   DGEFCP   Verification of production data. CDF: Responsible for supervising reconciliation in SGBD between (i) information available from timber movement forms and (ii) information gathered upstream in the sector. The information to be reconciled at this stage must, as a minimum, include: 1. For each log: (a) the log number declared in the worksite record in relation to the log number declared in the entry list for the log depot; (b) the species of log declared in the worksite record in relation to the species of log declared in the entry list for the log depot; (c) the dimensions of the log declared in the worksite record in relation to the dimensions of the log declared in the entry list for the log depot. 2. For each lorry load: (a) the numbers of logs declared on the inter-forest transport note in relation to the numbers of logs declared in the worksite records; (b) the species of logs declared on the inter-forest transport note in relation to the species of logs declared in the worksite records; (c) the dimensions of the logs declared on the inter-forest transport note in relation to the dimensions of the logs declared in the worksite records; (d) the dates of the inter-forest transport notes in relation to the dates on the worksite entry list. 3. For each monthly movement form: (a) the volumes by species declared on the form, in relation to the volumes declared in the worksite records for the same period. 4. For each DGEFCP order to collect revenue: (a) the amounts due per species calculated by the SGBD in relation to the corresponding amounts given on the DGEFCP’s revenue orders. PREPARING FOR LOG (LOG SECTION) PROCESSING Body responsible: COMPANY Activities: — Sectioning. — Measuring, calculating volume of sections. — Marking and numbering of sections. — Inputting section species. Declaration document: Stock form for the ‘sawmill/factory’ depot Data: — Species — Numbers of log sections — Dimensions and volumes of log sections Flows: Preparation report sent to CDF. Methodology:   Regional Department for Water and Forests   Verification of stock lists CDF: Responsible for supervising reconciliation in SGBD between (i) information available from processing data and (ii) information gathered upstream in the sector. The information to be reconciled at this stage must, as a minimum, include: 1. For each log: (a) the characteristics (number, species, dimensions) appearing on the log depot stock list in relation to the same characteristics on the depot entry list; (b) the species of the sections in relation to the species of the primary sawn log declared on the stock list; (c) the cumulative length of the sections in relation to the total length of the primary sawn log. 2. By month: (a) Volumes per species entering the depot in relation to volumes per species entering production. PROCESSING Supply stage or chain Responsibility and activities Necessary data and its collection method Verification Validation Reconciliation LOG SECTION PROCESSING FOR EXPORT Body responsible: COMPANY Activities: On entering the processing plant Inputting of sawn log/section numbers. Inputting of volumes of sawn logs/sections entering the factory by number and species. On exiting the processing plant Measurement and calculation of volumes of bundles of sawn timber (or other processed product). Numbering of bundles by contract. Calculation of sawn timber yield. Body responsible: Service commissioned by the administration. Activities: Marking of processed products (labelling). Declaration document: — Production report: — Factory entry form (processing plant) — Log consumption sheet for sawing or other processing — Cut depot stock list. Data: — Numbers of log sections — Species — Volume of sawn logs = volume of log sections — Sawn timber yield — Bundle numbers — Number of bundles — Dimensions of items and volumes of bundles — Company name — Place of storage of stocks of processed products Flows:   Company sends sawn timber movement forms to DGEFCP   BMC, DR and DEIF reports sent to ICEF. Methodology:   Department for Forest Logging and Industry (DEIF) / Regional Department for Water and Forests: verification — Cut timber depot stock list — Specifications for export — Labels — Processing rate   BMC: Verification check — Cut timber depot stock list — Specifications — Labelling by the service commissioned by the administration:   Processing rate List of infringements, if necessary ICEF: Check SGBD CDF: Responsible for supervising reconciliation in SGBD between (i) information available from timber movement forms and (ii) previous stages upstream in the sector. The information to be reconciled at this stage must, as a minimum, include: 1. For each processed log section: (a) the characteristics (number, species, dimensions) of processed sections (factory entry list) in relation to the same information on the depot stock list; 2. For each kind of processed product, by species, monthly: (a) the volumes of log sections entering production in relation to the volumes of processed products (material yield); (b) the volumes of processed products by species declared on the sawn timber movement forms in relation to the stock lists. PROCESSING FOR THE LOCAL MARKET Body responsible: COMPANY Activities: On entering the production line: Inputting of log section numbers Inputting of log section volumes by species. On exiting the production line:   Calculation of volume and measurements of sawn timber bundles   Numbering of bundles   Storage place on site:   Indicate depot in Bangui or another town.   Calculation of sawn timber yield. Declaration document:   Local market production report   Transport note for timber destined for the local market. Data: — Numbers of log sections, species and volume on entering the production line — Numbers of bundles, volumes on exiting the production line. Flows: Sent by the company: — Local market production report to DGEF — Data registration and gathering forms. Methodology: Department for Forest Logging and Industry (DEIF) / Regional Department for Water and Forests: Verification of sales slips. BMC:   Checks verification of sales slips.   Checks sales invoices. ICEF: Checks SGBD. CDF: Responsible for supervising reconciliation in SGBD between information available from the local sales declarations and stages upstream in the sector. The information to be reconciled at this stage must, as a minimum, include: 1. For each type of processed product intended for local consumption, monthly: (a) the volumes of log sections entering local production in relation to the volumes of products processed for the local market (material yields); (b) the volumes declared in the local market production reports in relation to the transport notes for timber destined for the local market. EXPORT Supply stage or chain Responsibility and activities Necessary data and its collection method Verification Validation Reconciliation EXPORT OF LOGS, SAWN TIMBER AND OTHER PRODUCTS Body responsible: COMPANY Activities: — Preparation of product specifications. — Commercial export declaration (DEC). — Draw up consignment note (bearing label number from the service commissioned by the administration) — Draw up certificate of origin and phytosanitary certificate — Request FLEGT licence. Body responsible: Service commissioned by the administration Activities: Place labels/bar codes Declaration document: — Specifications — Sales invoice — DEC — EUR 1 — BAE (‘Good for dispatch’ stamp) — Waybill — Prior favourable recommendation — FLEGT licence Data: — Species — Number of log sections or bundles — Volume per species for logs — Volume of product for sawing and other — Numbers of labels — Name of export company — Client name — Client contract number — Place of loading — Destination — Amounts taxed Flows:   Company sends timber movement forms to DGEF   DGEFCP issues revenue orders and sends reports to CDF.   DEC   Processing of FLEGT licence request and responses Methodology:   Department for Forest Logging and Industry (DEIF): verification — Timber movement forms already submitted — Dispatch note for export timber — Consistency between export notes and worksite records   Regional Department for Water and Forests and Border Inspectors: — Verification at borders — Verification of certificate of origin and phytosanitary certificate — Physical and documentary checks — Registration   Joint brigade: — Checks customs documents: — Reconciliation of harvesting and export data with worksite record. — Worksite record and timber movement declarations. — Check values of volumes declared.   ICEF: — Reconciliation of data from other departments — Checks SGBD — Confirms conformity to FLEGT licensing authority.   ICEF: — Checks specifications — Payment of taxes related to export of timber.   Service commissioned by the administration: — Checks specification — Inspection: identification of species, measuring, determination of volume according to ATIBT standards — Placing of two plastic labels (blue and red) with specific company code for each log section.   Load check by the on-site service commissioned by the administration: — Issues load check forms — Hand back file to driver with the DEC, two check forms from the service commissioned by the administration, the specification, customs documents.   Border check by the service commissioned by the administration (physical and documentary check): — Verification of the private operator’s check form and specification — Checks DEC export documents, customs documents — Removes the strip from one of the labels on the log or bundle — Sends back the check form and strips to the secure revenues structure (BIVAC) at Berberati for reconciliation — Records label information in a register — Check by private operator at Douala port: — Removes strip from the 2nd label — Sends back the Douala arrival report to the secure revenues structure (BIVAC) at Berberati — Certificate of export verification (AVE).   FLEGT licensing authority — Issues FLEGT licences The Central Inspectorate for Water and Forests - CDF: Responsible for supervising reconciliation in SGBD between information available from timber movement forms, exports and the information gathered in previous stages of the chain. The information to be reconciled at this stage must, as a minimum, include: 1. For each log: (a) the characteristics (number, species, dimensions) appearing on the specification in relation to the same characteristics on (i) the depot entry list, (ii) the worksite records for the corresponding period and (iii) the inter-forest transport notes. 2. For each load: (a) the information on the load available at the Ministry of Finances in relation to the information also available on this same load at the Ministry of Forests. FLEGT licensing authority Responsible for supervising the reconciliation between the information declared (i) in the FLEGT licensing request, (ii) the provisional licence and (iii) the physical checks conducted at the border, (iv) the physical checks conducted in Douala. IMPORT AND TRANSIT Supply stage or chain Responsibility and activities Necessary data and its collection method Verification Validation Reconciliation IMPORT OF WOOD FOR PROCESSING Body responsible: COMPANY Activities: — Timber import request — Order — Invoice — Nature of product — Customs clearance Declaration document: — Commercial import declaration (DIC) — Legality compliance authorisation from country of origin — MEFCP’s authorisation to import timber for processing. Data: — Company name — Number of log sections — Species — Volumes — Labels/Barcodes — Log identifying number Flows: — Company sends DIC to Ministry of Trade — Min. of Trade sends copy of DIC to customs and MEFCP — MEFCP issues authorisation to company — Sends to CDF — Company sends production report to DGEFCP. Methodology:   Min. of Trade: — Issues DICs   Service commissioned by the administration: — Inspects products to be imported, in country of origin — Checks values declared — Issues import verification certificates   Customs: — Checks customs clearance — Issues receipts for fees and taxes received — Sends data to Ministry for Water and Forests.   FLEGT licensing authority: — Checks legality of product imported.   MEFCP: — Issues authorisation to import timber for processing. ICEF/ CDF: Responsible for supervising reconciliation in SGBD between information available from timber movement forms and the information gathered by customs. The information to be reconciled at this stage must, as a minimum, include: 1. For each load: (a) the information provided to customs at the border in relation to the information contained in the depot entry register. MOVEMENT OF TIMBER AROUND THE CENTRAL AFRICAN REPUBLIC Body responsible: CUSTOMS Activities: — Customs registration on entry (D15) — Inputs into SYDONIA database — Records exit. Declaration document: — D15 Data: — Number — Species — Number of logs or bundles — Gross and total weight — Commercial name — Price — Volume Flows: Report sent to CDF on products in transit. Methodology:   Customs: Registration.   Border inspection: Registration. CUSTOMS: CDF: Responsible for supervising reconciliation in SGBD between information available on products entering and leaving the CAR’s territory. The information to be reconciled at this stage must, as a minimum, include: 1. For each load: information collected on entering the country (lorry registration number, origin of timber, species, volume, log registration numbers, date, time, place) in relation to the same information collected on leaving the country. 3.1.2.   Physical tracking system and method for checking volume consistency A unique alphanumerical national identification system for all forestry companies, from the moment of harvest inventory, will be established during the Agreement implementation phase and prior to issuing of the first FLEGT licence by the CAR. The national tracking system (NTS) enables the following to be reconciled: — the units (standing trees, logs, log sections, bundles of processed products) at the different stages in the control chain, — the volumes produced by unit at the different stages in the chain (PEA, UFG, AAC, etc.). For processed products, a system for reconciling data on entering and exiting the production line at the processing facilities will be put in place during the Agreement implementation phase and prior to issuing of the first FLEGT licence by the CAR. This system will also take into account volumes entering and exiting the factory (including the factory log depot). The table given in 3.1.1 shows the points where reconciliation of volumes will take place. 3.1.3.   Method of product identification The current identification method is that of two-colour labels (blue and red). A bar code method will be developed in the context of Agreement implementation, prior to the issuing of the first FLEGT licence by the CAR. 3.1.4.   Monitoring and approval of tasks delegated to operators The inspection of all wood for export is delegated to a private operator, currently BIVAC Export. The activities of this operator are audited by the administration. In the context of Agreement implementation, it is envisaged that the contractual relationship with a private export timber inspection operator will be updated. In the context of the LAS, the company responsible for inspecting timber for export will send the results of its checks to the ICEF, which will inform the licensing authority. Methods for passing on the information will be defined during the Agreement implementation phase and prior to issuing of the first FLEGT licence by the CAR. 3.1.5.   Cases of non-compliance in the supply chain The different non-compliances will be handled in accordance with the legal and regulatory provisions in force in the CAR. In the case of a non-compliance that gives rise to tax adjustments, these will be undertaken by the finance administration on the basis of the inspection report from the company in charge of export timber inspection or the border inspectors and decentralised departments of the forestry administration. In the context of issuing FLEGT licences, a procedures manual on managing non-compliances and sanctions for strengthening the control system will be developed during the Agreement implementation period, prior to the issuing of the first FLEGT licence by the CAR. 3.2.   Checking supply chain requirements (a)   Inspections The different levels of responsibility, the frequency and methods used for supply chain control are defined in the national tracking system noted in the table, in point 3.1.1. Data exchange between the operators and the database management system (housed at and managed by the Forestry Data Centre) must be carried out in line with a frequency to be established. Verification of supply chain requirements shall be conducted for every FLEGT licensing request, taking into account the reports and records of the departments involved. (b)   Management and analysis of data verification Management and analysis of supply chain data shall be done with the aid of a centralised database management system (SGBD) within the Forestry Data Centre (CDF). This management involves: — developing information management software adapted to the traceability requirements; — an Internet connection giving network access to all actors involved, under guaranteed secure conditions. Data management will be defined during the Agreement implementation phase and prior to issuing of the first FLEGT licence by the CAR. 4.   ISSUING FLEGT LICENCES The FLEGT licensing authority is a body appointed by the Minister for Forests and attached to his office. It is therefore a separate structure that operates independently but reports back to the Minister for Water and Forests. Issuing of a FLEGT licence to an operator wishing to export their products is subject to a written application sent in hard copy to the licensing authority. This application must provide all the information and references referred to in Appendix I of Annex IV. The licence will be issued in a model format to be produced and circulated by the forest administration during the Agreement implementation phase and prior to issuing of the first FLEGT licence by the CAR. Once the licensing authority receives an application, it asks the Central Inspectorate for Water and Forests and the Forestry Data Centre for verification of the legality of the company and of the products for export via the database management system. Data is fed into the system by all of the departments involved and responsible for assuring and controlling all aspects related to the legality of companies and their operations. These departments will be supported in their work by civil society organisations, who will provide independent monitoring of the system. Its proper functioning will be regularly evaluated by an external auditor whose functions are described in Section 5 of this Annex. On the basis of information provided by the CDF, the Central Inspectorate will respond favourably to the licensing authority if the company and the declared products comply with the LAS requirements. There are then two possibilities: the licence may be issued in Bangui or in Douala. In fact, some consignments, notably cargoes of logs, are not known until the point of embarkation, that is, Douala. In this case, the operator does not know what the cargo is on departure from the CAR. The products leave the CAR on several lorries that will form a single shipment in Douala. The Central African Republic has designed a specific mechanism for this case. When making the application, the operator has to indicate whether the licence should be issued in Bangui or Douala. When the licence is issued in Douala In this case, an official document setting out the prior favourable opinion is given to the company by the licensing authority. This document is produced for each lorry transporting all or part of the cargo so that each of the lorries in question can be checked at the border. It is issued in the CAR (Bangui or other places to be established, e.g. Berberati) by the licensing authority. A copy of the favourable opinion is sent to the licensing authority in Douala, which is a local office of the licensing authority. Once the opinion has been issued, the licensing authority retains all documents justifying the decision whether or not to issue the FLEGT licence. These documents are filed for a period of at least five years. With the official document confirming the favourable opinion issued by the licensing authority, the operator can send the products in question to the port of Douala for export. The products are inspected once more at Douala by the FLEGT licensing authority, which checks for consistency between the favourable opinion received from the licensing authority and the products arriving in Douala. This department sends the results of its verification electronically to the licensing authority, which sends back its final opinion by the same means. On receipt of this opinion, and having reconciled the volume prior to embarkation, the licensing authority issues a signed authorisation. The following diagram describes the procedure for requesting and issuing FLEGT licences. When the licence is issued in Bangui If the products leave via a port other than Douala, legality assurance is carried out (c.f. Stages 1 to 7 of the diagram below) and the licence is issued in Bangui (instead of Stage 8 in the diagram below). Inspection bodies working under the Central Inspectorate for Water and Forests will be based at the country’s exit points in order to check the compliance of the cargo with the FLEGT licence and to report back on its compliance to the licensing authority. In the case of a refusal due to non-compliance with the LAS requirements, an unfavourable opinion will be sent to the company within a reasonable timeframe. Information on numbers of licences, by type and destination of the products, will be published regularly. This information will be made public, in accordance with Annex X. Annex IV describes the procedures for issuing FLEGT licences and their technical specifications in more detail. Figure 1 Diagram showing the procedure for issuing FLEGT licences and data flows between the control and verification departments Civil society organisation - independent monitor 1 Specifications Logging company 2 DEC approved Secure fiscal revenues structure (BIVAC) e Favourable opinion of licensing authority 5 3 4 DS + IMF + REIF receipts General Directorate WF Regional Departments 8 FLEGT request form DEC approved + declaration + D15 Customs Customs (BIVAC) Mobile Brigade a FLEGT licensing authority 7 14 6 Central Inspectorate for Water and Forests (Legality) c Forestry Data Centre (Traceability) d SGBD CAR <<< 11 9 10 Favourable opinion 13 Environment Court Clerk CNSS Trade ACFPE Taxes FLEGT licensing authority Douala office 12 FLEGT licence issued to company DOUALA-CAMEROON Diagram showing the procedure for issuing FLEGT licences at Douala Arrow No Description Place a, b and e Exchanges of information and data between ICEF (CDF/SGBD) and the departments involved in legality assurance and traceability and forestry companies. Bangui and provinces c and d Exchanges of information between ICEF and CDF: ICEF sends the data available to it; CDF feeds and manages the SGBD and sends the contents to ICEF for each FLEGT licence application. Bangui 1 Based on the specification, the company sends an application for a commercial export declaration (DEC) to the body in charge of tax assessment (BIVAC). Bangui 2 DEC issued to forestry company, DEC validated by Ministry of Trade. Bangui 3 Customs declaration by the company. Bangui 4 Customs clearance receipt issued (exit fee + min. fixed tax + fee for finance computer tools) by customs. Bangui 5 FLEGT licence application made by logging company using the form. Bangui 6 The FLEGT licensing authority asks ICEF for verification of cargo compliance. Bangui 7 ICEF recommendation to FLEGT licensing authority. Bangui 8 Notification of favourable opinion to company. Bangui or other (Berberati, at the border) 9 Favourable opinion sent to the Douala department of the licensing authority. Bangui to Douala 10 Licensing department in Douala sends the results of the physical and documentary verification to the licensing authority. Douala to Bangui 11 Order to issue FLEGT licence given to licensing department in Douala. Bangui to Douala 12 FLEGT licence issued by the licensing department (Douala branch). Douala 13 Licensing department sends copies of licence to the licensing authority. Douala to Bangui 14 Licensing authority sends copy of licence to ICEF for filing. Bangui 5.   INDEPENDENT AUDIT OF LAS The aim of the Independent System Audit (ISA) is to assure all stakeholders of the reliability and credibility of the FLEGT licences issued in the CAR. The functions of the independent audit are to: (1) regularly assess the implementation of all aspects of the LAS, in particular: — adherence to the principles and criteria of the legality matrix; — the effectiveness of supply chain verification; — the effectiveness of verifications and verification checks; — the reliability of the system for issuing FLEGT licences; — the complaints management mechanism (registration of stakeholders’ grievances concerning: (i) LAS implementation and (ii) independent audit activities); — the synergy between all elements of the LAS; — the synergy between all actors concerned and involved in the process (communication flows, filing, procedures, etc.); (2) assess the adequacy of the data management systems supporting the LAS; (3) identify weaknesses and failings in the system (proposing corrective action is the responsibility of the Joint Committee); (4) verify, where appropriate, the implementation of any corrective action decided by the Joint Committee following identification of weaknesses and failings, and assess their effectiveness; (5) verify the use of FLEGT licences when timber products coming from the CAR are released for free circulation within the European Union; (6) draft and submit a report to the Joint Committee following each audit. Annex VI describes the independent auditor’s terms of reference.