17/01/54. A definition of legally-produced timber (1) A definition of legally-produced timber (2) A definition of legally-produced timber (4)

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1 A timber legality assurance system (TLAS) of Thailand Subtopic 18 ASEAN MARD - EU FLEGT ASIA TLAS Training Workshop Hanoi, November 2010 A timber legality assurance system (TLAS) of Thailand 5 Elements Verification issuance of licenses independent monitoring of the systems by a third-party 1 (1) (2) Forest Act, B.E (1941): Concerns logging operations and nonwood forest (NWFP) collection, Transportation of timber and non-timber s and sawnwood ion Forest Act, B.E (1941): Section 4(2) Definition of wood: All species of woody tree, shrub, vine, import wood, bamboo, palm, rattan, including its parts such as stump, branch, knot, and scraps of wood etc. (3) Legally-produced timber 1. Forest Tree /Farm 2. Agricultural Tree /Farm 3. Rubber Tree /Farm [1, 2, 3 must be planted in legal land tenure: Private land & Permitted degraded forest land] 4. country: Legal import (4) Logging Ban from 1989 onwards No concession No harvesting in natural forest Illegal logging Harvesting in natural forest Harvesting legal timber without permit (some cases required by forest law and/or regulation, not for Fruit tree logging) 1

2 (5) Summary: Timber, Lumber, sawnwood (raw material) much have official evidence to verify its legality Wood (in case for trade) much have official evidence to verify its legality (6) Summary: Legal wood without evidence may be considered as illegal wood if owner can not prove its legality In some cases need an expert (on wood identification & investigation) to solve its legality Law and Regulation (1) Law and Regulation (2) Under Section 48 of the Forest Act, 1941, Establishment of sawmill, wood store are prohibited without permit of a competent officer in accordance with the terms specified in the ministerial regulations. Under Section of the Forest Act, 1941, whoever moves timber or forest s shall have a special pass issued by a competent officer in accordance with the terms specified in the ministerial regulations. Law and Regulation (3) Law and Regulation (4) Under item 6 of the ministerial regulation No. 25, B.E (1976): Permitted sawmill or Sawnwood store much provides complete accounting of wood stocks for inspecting by competent officer. Under item 5 of the ministerial regulation No. 27, B.E (1987): Permitted wood furniture factory or store much provides complete accounting of wood stocks (wood raw material and wood furniture) for inspecting by competent officer. 2

3 Law and Regulation (5) Under Section 14 item 43 of the RFD regulation, B.E (1998) on Controlling of wood processing: All kind of permitted wood processing facility, wood-based store will be inspected regularly by competent officer. Current paper-based system (6) Register & Verification of wood raw material (lumber, sawnwood) (information by Customs Department [CD]) (RFD) Control of wood raw material movement A Special pass Type I (document issued by competent officer) Forest station (office of RFD along destination for verifying of transporting wood) Current paper-based system (7) Control of wood processing facility and wood (RFD officer) Establishment and expansion of running all wood facility for processing and/or trade much be permitted by competent officer. 1 year expiry permit Inspected monthly or randomly by competent officer Current paper-based system (8) Control of wood processing facility and wood (owner performs due care/diligent) Keep updating wood account and its balance Don t let any wood out-of-account being in those facility area. Don t let any wood without its legality evidence being in those facility area. Current paper-based system (9) Control of wood and/or processed wood movement A special pass Type 2: A template registered and issued by competent officer giving to company for identifying its wood and its evidence of legality Used by fill up description & quantity of wood, owner and its evidence (special pass Type 1) Current paper-based system (10) Certification of wood based for export Document issued by competent officer for export purpose Request from exporter (in case of import country needs and may be for EU FLEGT in the initial stage) Under RFD regulation B.E 2551 (2008) Certification of wood based Verification of all supply chain 3

4 Current paper-based system (11) Special Pass Type 1: For wood material move from Source to / er / owner Current paper-based system (12) Example: Wood move from A to B (ex: port to facility) Pass Forest Station X, Y, Z (verifying, stamped-pass) A B x y z x _ z Current paper-based system (13) Special Pass Type 2: For Product move from to Buyer Filled up by company Current paper-based system (14) Case 1: using P2 itself To export (need no Certification) Verified by competent officer at port (Forest station) Approved (on [P2]) To process Customs procedures Approved Current paper-based system (15) Case 2: issuing Certification To export (need Certification) Verified by competent officer at port (Forest station) Issues Certification To process Customs procedures Current paper-based system (16) Certification of wood based For export purpose Issued by competent officer Under RFD regulation B.E 2551 (2008) 4

5 Verification Current paper-based system (1) Verification of all supply chain Before issues any evident document Verification Current paper-based system (2) Verification before Certification (Verification of all supply chain) / er / owner / er / owner Verification Current paper-based system (3) Weakness - Human error - Fake document - Much of paper - Unclear copy - Duplicated data - Loss of document - etc. Control of supply chain new digital-based system (1) Customs initiative program ASEAN Single Window National Single Window Agreement to developing paperless system for customs procedures Government agency involved import or export procedures Royal Forest Department (RFD) Control of supply chain new digital-based system (2) Collaboration between Customs Department (CD) and RFD Data interchange (digital) For Customs procedures CD s import information/data to RFD (digital) RFD s information/data to CD (digital) RFD s License, Certification to CD (digital) Control of supply chain new digital-based system (3) RFD developed digital systems Transferring import information/data to RFD databases of custody information/data License/Certification Installation/configuration delayed Expected to start testing system in next few months (January 2011) 5

6 of Custody (CoCI) Paper & digital - based system (1) / er / owner of Custody (CoCI) new digital -based system (2) S1: from CD DB - S2 & F: in RFD DB - D: to CD DB - Issuing P1 & P2 & C - Web-based application - Inputting its data to RFD DB - Generating Barcode - Attaching on P1, P2, C For ID, getting links of Custody (CoCI) new digital -based system (3) C can track back to S = Complete chain C cannot can not track back to S = Incomplete chain of Custody (CoCI) new digital -based system (4) Remark: RFD to RFD internet CD to RFD intranet CD s requirement Transferring data on Government Interchange Network (GIN: Intranet) - HS Code - RFD requests for CD inspection 0=no inspection 1=random inspection 2=full inspection - RFD digital signature - etc. Issuance of licenses (1) Issuance of licenses (2) Complete C: Certification can be used as License Verified by Complete chain only Illustrated by CoCI System (click on object To see its detail) Incomplete 6

7 Independent Monitoring of the systems by a third-party (1) Providing grant To access CoCI website For Monitoring Using C Barcode Complete Incomplete Independent Monitoring of the systems by a third-party (2) C-Barcode accompanied by a shipment to export Third-party can be - Consumer countries - EU FLEGT authority - International organization - etc. (Depending on RFD s policy) C-Barcode can be used as Link Thailand (link) China EU (EU can track back to Thailand) Thank you Prepared by Thada Suwannawimon Royal Forest Department thada46@hotmail.com 7