Draft 1-0<br/> Principiul 1

Principle 1: Compliance with Laws

The Organization* shall* comply with all applicable laws, regulations and nationally-ratified international treaties, conventions and agreements. (P1 V4)

Form for Public Consultation on Draft 1-0

Criterion 1.1

The Organization* shall* be a legally defined entity with clear, documented and unchallenged legal registration, with written authorization from the legally competent* authority for specific activities. (C1.1 V4)

Indicator 1.1.1

Legal registration* to carry out all activities within the scope of the certificate is documented and unchallenged.

Verifiers 1.1.1

a. Registration certificate
b. License for operation

Indicator 1.1.2

Legal registration* is granted by a legally competent* authority according to legally prescribed processes.

Verifiers 1.1.2

a. The Registration certificate is issued by the National Office of Commerce Registry
b. License for operation is issued by the National Public Authority for Silviculture

Criterion 1.2

The Organization* shall* demonstrate that the legal status of the Management Unit, including tenure and use rights, and its boundaries, are clearly defined. (C2.1 V4)

Indicator 1.2.1

Legal* tenure* to manage and use resources within the scope of the certificate is documented.

Verifiers 1.2.1

a. Contract for forest administration or for provision of forestry services
b. Local council decision for public local forest service units
c. Government decision for National Forest Administration ROMSILVA
d. Decision of the General Assembly for associations of private owners

Indicator 1.2.2

Legal tenure is granted by a legally competent authority according to legally prescribed processes.

Verifiers 1.2.2

a. For state forests: Romanian Government
b. For public property of community: Local Council
c. For private property of community: mayor or local council
d. For private property: the individual owner or company

Indicator 1.2.3

The boundaries of all Management Units* within the scope of the certificate are clearly marked or documented and clearly shown on maps.

Verifiers 1.2.3

a. Field visits to check marking of limits in the field
b. Maps of the management plans or maps resulted from measurements (from documents proving forestland ownership)

Criterion 1.3

The Organization* shall have legal rights to operate in the Management Unit*, which fit the legal status of The Organization* and of the Management Unit*, and shall* comply with the associated legal obligations in applicable national and local laws and regulations and administrative requirements. The legal* rights shall provide for harvest of products and/or supply of ecosystem services* from within the Management Unit*. The Organization* shall pay the legally prescribed charges associated with such rights and obligations. (C1.1, 1.2, 1.3 V4)

Indicator 1.3.1

All activities undertaken in the Management Unit are carried out in compliance with:

Verifiers 1.3.1

1. Applicable laws* and regulations and administrative requirements

a. Interviews with personnel
b. Personal job position sheet
c. Register of control actions and associated documents (Control report, Report of findings)
d. Register of claims and grievances and associated documents

2. Legal* and customary rights*

a. Interviews with personnel
b. Interviews with stakeholders
c. Written register with notices, claims and other related documents

3. Obligatory codes of practice

a. Interviews with managers regarding application of obligatory codes of practice *

Indicator 1.3.2

Payment is made in a timely manner of all applicable legally prescribed charges connected with forest* management.

Verifiers 1.3.2

a. Accounting documents *

Indicator 1.3.3

Activities covered by the management plan* are designed to comply with all applicable laws*.

Verifiers 1.3.3

a. Forest management plan approved by Ministry Order or (depending on the stage of development) accepted by legal authorities

Criterion 1.4

The Organization* shall develop and implement measures, and/or shall engage with regulatory agencies, to systematically protect the Management Unit* from unauthorized or illegal resource use, settlement and other illegal activities. (C1.5 V4)

Indicator 1.4.1

Measures are implemented to provide protection* from unauthorized or illegal harvesting, hunting, fishing, trapping, collecting, settlement and other unauthorized activities.

Verifiers 1.4.1

a. Personal job description sheet
b. Plan for Illegal Logging Control
c. Illegal logging control regulation/ internal procedures
d. Timetable for Illegal logging control patrols, written evidence of patrols
e. Field visits

Indicator 1.4.2

Where protection* is the legal responsibility of regulatory bodies, a system is implemented to work with regulatory bodies to identify, report, control and discourage unauthorized or illegal activities.

Verifiers 1.4.2

a. Collaboration protocols with legal authorities, legally responsible organizations (administrators, services providers etc.)
b. Contracts for provision of services on this topic
c. Written evidence of common actions

Indicator 1.4.3

If illegal or unauthorized activities are detected, measures are implemented to address them.

Verifiers 1.4.3

a. Individual Reports on illegal events
b. Written notices to the legal authorities on illegal events

Criterion 1.5

The Organization* shall comply with the applicable national laws*, local laws, ratified international conventions and obligatory codes of practice, relating to the transportation and trade of forest products within and from the Management Unit*, and/or up to the point of first sale. (C1.1, 1.3)

Indicator 1.5.1

Compliance with applicable national laws*, local laws, ratified* international conventions and obligatory codes of practice, relating to the transportation and trade of forest products up to the point of first sale is demonstrated.

Verifiers 1.5.1

a. Bills and/or transportation slips for timber
b. The Due Diligence System (DDS) of the Organization
NOTE: When the Organizations sells standing timber, the DDS system is not required

Indicator 1.5.2

Compliance with CITES provisions is demonstrated, including through possession of certificates for harvest and trade in any CITES species.

Criterion 1.6

The Organization* shall identify, prevent and resolve disputes over issues of statutory or customary law, which can be settled out of court in a timely manner, through engagement with affected stakeholders. (C2.3 V4)

Indicator 1.6.1

A publically available dispute resolution process is in place; developed through culturally appropriate engagement* with affected stakeholders*.

Verifiers 1.6.1

a. Internal procedures
b. Legal procedures
c. Proof of consultations with interested and affected stakeholders

Indicator 1.6.2

Disputes related to issues of applicable laws* or customary law* that can be settled out of court rare responded to in a timely manner, and are either resolved or are in the dispute resolution process.

Verifiers 1.6.2

a. Mediation decisions or agreements between parts
b. Written reports
c. Correspondence on this topic

Indicator 1.6.3

Up to date records of disputes related to issues of applicable laws* or customary law are held including:
1. Steps taken to resolve disputes
2. Outcomes of all dispute resolution processes; and

Verifiers 1.6.3

3. Unresolved disputes, the reasons they are not resolved, and how they will be resolved.

a. Written register with notices, claims and other related documents

Indicator 1.6.4

Operations cease in areas while disputes exist:
1. Of substantial magnitude
2. Of substantial duration
3. Involving a significant* number of interests

Criterion 1.7

The Organization* shall* publicize a commitment not to offer or receive bribes in money or any other form of corruption, and shall comply with anti-corruption legislation where this exists. In the absence of anti-corruption legislation, The Organization* shall* implement other anti-corruption measures proportionate to the scale* and intensity* of management activities and the risk* of corruption. (New)

Indicator 1.7.1

A policy is implemented that includes a commitment not to offer or receive bribes of any description.

Verifiers 1.7.1

a. Policies on fraud and corruption

Indicator 1.7.2

The policy meets or exceeds related legislation.

Verifiers 1.7.2

a. Internal Procedures

Indicator 1.7.3

The policy is publicly available at no cost.

Verifiers 1.7.3

a. Website
b. Official bulletin board

Indicator 1.7.4

Bribery, coercion and other acts of corruption do not occur.

Verifiers 1.7.4

a. Final decisions of competent authorities
b. Other relevant legal documents

Indicator 1.7.5

Corrective measures are implemented if corruption does occur.

Verifiers 1.7.5

a. Application in practice of internal procedures

Criterion 1.8

The Organization* shall* demonstrate a long-term commitment to adhere to the FSC Principles* and Criteria* in the Management Unit*, and to related FSC Policies and Standards. A statement of this commitment shall be contained in a publicly available document made freely available. (C1.6)

Indicator 1.8.1

A written policy endorsed by an individual with authority to implement the policy, includes a long- term commitment to forest* management practices consistent with the FSC Principles* and Criteria* and related Policies and Standards.

Verifiers 1.8.1

a. Signed policy of senior management, publicly available

Indicator 1.8.2