3 4 14061 1 2559 TIS 14061 2559

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มอก. 14061 เลม 1 -2559 TIS 14061 -2559 กรมปาไม Royal Forest Department 17 July, 2017 5

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Timber Production and legislation Forestry Act A. D. 1941 NRF Act A. D. 1964 sources Custom 2017 process Import export 1979 transport Trading Export permit Import export 1979 Land code 1955 Revenue code 10 Customs duty

ขอตกลง สญญา Sanitary and Phytosanitary (SPS) will have to comply with WTO-SPS agreement under the respective authority. Formaldehyde emission for plywood products. average value of 5. 0 mg/l and maximum value of 7. 0 mg/l 26

Thai Legislation. Forest Act, 1941: Section 7 Teak, Yang, Rose wood, Ked-Daeng wood (Dalbergia Oliveri Gamble), E-Meng wood (Dalbergia Oliveri Gamble), e. g. . Wherever in the Kingdom that it grew up, it is type A restricted plants, other woods in the forest are which types of restricted plants will be identify by Royal decree. Section 11 Whoever desires to do logging, drilling, chopping, burning or injuring by any manner whatsoever to restricted timber shall have license granted by competence officer Section 14 A licensee shall pay a royalty 27

Thai Legislation. Forest Act, 1941: Section 39 Any person who transports timber or forest product shall have and bring a transportation certificate given by a competence officer Section 48 Within transformed timber control area, no person shall transform timber, establish transformed timber factory, establish transformed timber trading place, possess transformed teak, or possess other transformed timber more than 0. 20 cubic meter, except by license of a competence officer 28

Thai Legislation. Ministerial Regulation No. 25 (1976) issued under Forest Act, 1941 on transformation of timber and possession of transformed timber Ministerial Regulation No. 26 (1985) issued under the Forest Act, 1941 on transportation of timber or forestry product. Ministerial Regulation No. 27 (1987) issued under Forest Act, 1941 on trading or possession for trading of timber products, equipment or anything derive from Restricted Species. Rule of Royal Forest Department laying down for checking, sealing, collection the royalty of timber, firewood or charcoal, 1967 Circular Notice of RFD No. Gor Sor 0704. 3/540 issuing on 23 January 2003 29

Thai Legislation. 1 Economic 1. 1 Forest Act, 1941 1. 2 National Reserved Forest Act, 1964 1. 3 Forest Plantation Act, 1992 1. 4 Agricultural Land Reform Act, 1975 1. 5 Land for the Livelihood Act, 1968 30

Thai Legislation. 1. 6 State Land Act, 1975 1. 7 Land Code 1. 8 Civil and Commercial Code 1. 9 Export and Import of Goods Act, 1979 1. 10 1. 11 The Customs Tariff Decree, 1987 Customs Act, 1926 31

Thai Legislation. 2. Social 2. 1 State Enterprise Labour Relations Act, 2000 2. 2 Labour Protection Act, 1998 2. 3 Occupational Safety, Health and Environment Act, 2011 2. 4 The Establishment of Labour Court and Procedure Act, 1979 2. 5 Alien Working Act, 2008 2. 6 Land Transportation Act, 1979 32

Thai Legislation. 3. Environment 3. 1 Chainsaw Act, 2002 3. 2 National Reserved Forest Act, 1964 3. 3 Hazardous Substance Act, 1992 3. 4 Factory Act, 1992 3. 5 The Enhancement and Conservation of National Environmental Quality Act, 1992 33

Criteria and Indicators for AMS 35

The ASEAN’s six elements of Legality (1) Compliance with all relevant forest laws and regulations (2) Payment of all statutory charges (3) CITES compliance (4) Implementation of a system that allows for the tracking of logs to the forest of origin 36

The ASEAN’s six elements of Legality (5) The timber must be harvested by parties who have the legal rights to carry out the logging at the designated forest area based on an approved cut (6) The party which harvests the timber shall comply with the laws governing social and environmental aspects, i. e. workers’ safety and health, as well as environmental impact assessment 37

ASEAN Timber Legality Standard • ASEAN Guidelines on Phased-approaches to Forest Certification (PACt), Version April 2008 • Strategic Schedule for ASEAN Economic Community 20082015 (FOOD, AGRICULTURE AND FORESTRY), Version August 2008 • ASEAN Criteria and Indicators for Sustainable Management of Tropical Forests • Framework for ASEAN Regional Criteria and Indicators for Sustainable Management of Natural Tropical Forests (ASEAN Forestry Publication Series No. 1) 38

ASEAN Timber Legality Standard • Malaysian Timber Legality Assurance System (draft developed within the EU Malaysian VPA negotiations) • Indonesian System of Timber Legality Verification (draft) • Recommendations given at the ASEAN Training Workshop on Timber Verification of Legality Systems in Brunei on 21 -23. 7. 2008. 39

Publicly available standards of timber legality verification • Generic standard for verification of legal origin developed by Smart. Wood (SW VL-01, November 2007) • Generic standard for verification of legal compliance developed by Smart. Wood (SW VL-02, November 2007) • Timber Legality & Traceability Verification (TLTV) developed by SGS (ADTLTV-33_S-02, January 2008) 40

Publicly available standards of timber legality verification • Principles, Criteria and Indicators of Legality for Forestry Operations and Timber Processing developed by the Global Forest Trade Network • FLEGT Briefing Note No. 2 (Legality) • Revised ITTO criteria and indicators for the sustainable management of tropical forests including reporting format. ITTO Policy Development Series No. 15, 2005 • UK Government Timber Procurement Policy: Criteria for Evaluating Certification Schemes: Category A Evidence (CPET, May 2006) 41

6 Criteria and 13 Indicators ASEAN Timber Legality Standard 42

Criterion 1: The Forest Management Enterprise holds the legal right to operate and to harvest timber at the designated forest area. Indicator 1. 1: The FME has legal authorization to conduct forestry -related business in accordance with the requirements of the country where it operates. Indicator 1. 2: The FME has legal authorization to harvest in the FMU under verification, as proven by a valid permit or license issued pursuant to the laws and regulations governing the management of forest resources, including customary laws where legally recognized. Indicator 1. 3: The FMU is unambiguously delineated and dedicated to forest utilization. 43

Criterion 2: The Forest Management Enterprise holds approved authorization for its harvesting operations, based on an approved cut Indicator 2. 1: The FME can demonstrate that it has received a valid approval by the relevant authorities for its current harvesting operations and other related activities, based on a proper planning process. 44

Criterion 3: The Forest Management Enterprise fulfils CITES compliance and the requirements of relevant environmental laws and regulations. Indicator 3. 1: The FME conducts environmental impact assessments where and when appropriate. Indicator 3. 2: The FME implements mitigation measures to minimize negative environmental impacts in accordance with its own assessments and relevant laws and regulations. Indicator 3. 3: The FME complies with the applicable provisions and requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). 45

Criterion 3: The Forest Management Enterprise fulfils CITES compliance and the requirements of relevant environmental laws and regulations. Indicator 3. 4: The FME fulfils required procedures for protected tree species within the FMU in accordance with the relevant laws and regulations. Indicator 3. 5: The FME cooperates with relevant agencies in implementing adequate measures to prevent any unauthorised activities by third parties within the FMU. 46

Criterion 4: The Forest Management Enterprise fulfils the requirements of relevant social laws and regulations. Indicator 4. 1: The FME fully observes the use rights of local communities in accordance with relevant laws and regulations. Indicator 4. 2: The FME complies with the relevant laws and regulations on employees’ and workers’ occupational health and safety requirements. 47

Criterion 5: The Forest Management Enterprise has paid all statutory charges directly related to timber harvesting and timber trade. Indicator 5. 1: The FME has paid all applicable and legally prescribed fees, royalties, taxes and other charges to the appropriate authority in a timely manner, as documented through clear evidence. 48

Criterion 6: The Forest Management Enterprise implements a traceability system that allows for the tracking of all logs from the forest gate to the relevant harvesting sites. Indicator 6. 1: The FME applies a traceability system which properly controls and documents all timber flows from the harvesting area to the forest gate. Indicator 6. 2: The traceability system effectively controls the risk of mixing verified legal and non-verified forest products within the remit of the FME. Indicator 6. 3: Forest products verified as legal can be properly identified at the forest gate through a clear system of documentation and marking. 49