Conformity assessment of UFCS against PEFC (2010).pdf - ITS Global
Conformity assessment of UFCS against PEFC (2010).pdf - ITS Global Conformity assessment of UFCS against PEFC (2010).pdf - ITS Global
Evaluation and assessment of Uruguayan Forest Certification scheme against the requirements of the PEFC Council 4.1 Criteria for Forest Certification 4.1.1 General Requirements 1) Are the criteria relevant to all types of forests and management systems, which exist in the nation/region and have they been elaborated for? (Annex 3, 3.6) The criteria for forest certification in the UFCS are relevant to all plantation forests and management systems in the unit of forest management (refer to GD01 and GD13, Section 1). Conforms 2) Do the criteria clearly express the objectives for forest management that can be unambiguously verified by different auditors? (Annex 3, 3.6) The UFCS Criteria and Indicators as detailed in UNIT 1152:2009 (refer to GD13) clearly state the objectives for forest management and are supported by explicit justifications, objectives and means of verification. The UFCS requirements can be implemented and unambiguously audited by different auditors based on the justification as the normative requirements. Conforms 3) Are management and performance requirements applicable at the level of a forest management unit? (Annex 3, 3.6) Management and performance requirements of the UFCS are applicable at the level of a forest management unit (FMU) (refer to GD13, Section 4.1). Conforms 4) Are management and performance requirements applicable optionally also at group and regional levels? (Annex 3, 3.6) Management and performance requirements for the UFCS are applicable at group and individual levels (refer to GD02). Conforms 4.1.2 Other Requirements for Forest Management Criteria 5) Does the scheme require that property rights and land tenure arrangements shall be clearly defined, documented and established for the relevant forest area? (Annex 3, 3.5) As a component of forest owner demonstrating legal compliance for forest management activities, Criteria 7 (UNIT 1152: 2009) requires property rights and land tenure to be defined, documented and legally established for all forest areas being assessed for certification. Conforms 6) Does the scheme require the clarification, recognition and respect of legal, customary and traditional rights related to the forest land in compliance with chapter 3.5 of Annex? (Annex 3, 3.5) UNIT 1152: 2009 requires the forest owner applying for certification to identify, recognise and respect legal, customary and traditional rights to forest land (Criteria 6, Indicator 6.6.3 and Criteria 7). Conforms www.itsglobal.net Page 24
Evaluation and assessment of Uruguayan Forest Certification scheme against the requirements of the PEFC Council 7) Does the scheme require that a summary of the forest management plan or its equivalent, which contains information about the forest management measures to be applied, is publicly available, except for confidential business and personal information? (Annex 3, 3.5) Scheme documentation as presented does not provide for copies of forest management plans to be made publicly available. During Field Visit representatives of forest companies indicated that current practice was to make available forest management plans to individuals and organisations who request copies. Does not Conform 4.1.3 Laws and Regulations 8) Are the national certification criteria in compliance with national laws, programs and policies? (Annex 3, 3.2, 3.6) The UFCS require compliance with national forest policy, legislation and relevant regulations as detailed in GD02, Section 5 and requirements of Criteria 7, UNIT 1152: 2009 (refer to GD13). Conforms 9) Are the references to national laws, programs and policies indicated in the scheme documentation when relevant, e.g. if the requirement of the PEOLG is not addressed in the certification criteria but is included in normative regulations? (Annex 3, 3.6) The UFCS documentation (UNIT 1152:2009, Criteria 7) requires groups or individuals seeking certification to compile a register of compliance with relevant policies, legislation and regulations (refer to GD13). Conforms 10) Does the scheme include the requirement that any apparent violation of the legislation shall be taken into consideration in internal and external audits? (Annex 3, 3.2) The UFCS requires the Applicant Entity to conform to relevant legislation. Conformity is to be verified in Conformity Audit (Criterion 7 – UNIT 1152) - “Any apparent violation of the legislation shall be considered during the auditing and certification processes” (GD02, Section 2). Conforms 4.1.4 International Labour Organization (ILO) Conventions 11) Are the Fundamental ILO Conventions ratified by the country and implemented through the legislative framework? (Annex 3, 3.3) Uruguay has ratified core ILO conventions as detailed below: ILO Convention Action No: 29 Forced Labour, 1930 Ratified – 6/9/1995 No 87: Freedom of Association and Protection of the Right to Ratified – 18/3/1954 Organise, 1948 No 98: Right to Organise and Collective Bargaining, 1949 Ratified – 18/3/1954 No 100: Equal Remuneration, 1951 Ratified – 16/11/1989 No 105: Abolition of Forced Labour 1957 Ratified - 22.11.1968 No 111: Discrimination (Employment and Occupation), 1958 Ratified – 16/11/1989 No 138: Minimum Age for Admission to Employment, 1973 Ratified – 2/6/1977 No 182: Worst Forms of Child Labour, 1999 Ratified – 3/8/2001 www.itsglobal.net Page 25
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Evaluation and <strong>assessment</strong> <strong>of</strong> Uruguayan Forest Certification scheme <strong>against</strong> the requirements <strong>of</strong> the <strong>PEFC</strong> Council<br />
7) Does the scheme require that a summary <strong>of</strong> the forest management plan or its<br />
equivalent, which contains information about the forest management measures to be<br />
applied, is publicly available, except for confidential business and personal information?<br />
(Annex 3, 3.5)<br />
Scheme documentation as presented does not provide for copies <strong>of</strong> forest management plans to<br />
be made publicly available. During Field Visit representatives <strong>of</strong> forest companies indicated<br />
that current practice was to make available forest management plans to individuals and<br />
organisations who request copies.<br />
Does not Conform<br />
4.1.3 Laws and Regulations<br />
8) Are the national certification criteria in compliance with national laws, programs and<br />
policies? (Annex 3, 3.2, 3.6)<br />
The <strong>UFCS</strong> require compliance with national forest policy, legislation and relevant regulations as<br />
detailed in GD02, Section 5 and requirements <strong>of</strong> Criteria 7, UNIT 1152: 2009 (refer to GD13).<br />
Conforms<br />
9) Are the references to national laws, programs and policies indicated in the scheme<br />
documentation when relevant, e.g. if the requirement <strong>of</strong> the PEOLG is not addressed in the<br />
certification criteria but is included in normative regulations? (Annex 3, 3.6)<br />
The <strong>UFCS</strong> documentation (UNIT 1152:2009, Criteria 7) requires groups or individuals seeking<br />
certification to compile a register <strong>of</strong> compliance with relevant policies, legislation and<br />
regulations (refer to GD13).<br />
Conforms<br />
10) Does the scheme include the requirement that any apparent violation <strong>of</strong> the legislation<br />
shall be taken into consideration in internal and external audits? (Annex 3, 3.2)<br />
The <strong>UFCS</strong> requires the Applicant Entity to conform to relevant legislation. <strong>Conformity</strong> is to be<br />
verified in <strong>Conformity</strong> Audit (Criterion 7 – UNIT 1152) - “Any apparent violation <strong>of</strong> the<br />
legislation shall be considered during the auditing and certification processes” (GD02, Section<br />
2).<br />
Conforms<br />
4.1.4 International Labour Organization (ILO) Conventions<br />
11) Are the Fundamental ILO Conventions ratified by the country and implemented through<br />
the legislative framework? (Annex 3, 3.3)<br />
Uruguay has ratified core ILO conventions as detailed below:<br />
ILO Convention<br />
Action<br />
No: 29 Forced Labour, 1930 Ratified – 6/9/1995<br />
No 87: Freedom <strong>of</strong> Association and Protection <strong>of</strong> the Right to Ratified – 18/3/1954<br />
Organise, 1948<br />
No 98: Right to Organise and Collective Bargaining, 1949 Ratified – 18/3/1954<br />
No 100: Equal Remuneration, 1951 Ratified – 16/11/1989<br />
No 105: Abolition <strong>of</strong> Forced Labour 1957 Ratified - 22.11.1968<br />
No 111: Discrimination (Employment and Occupation), 1958 Ratified – 16/11/1989<br />
No 138: Minimum Age for Admission to Employment, 1973 Ratified – 2/6/1977<br />
No 182: Worst Forms <strong>of</strong> Child Labour, 1999 Ratified – 3/8/2001<br />
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