CONAMA RESOLUTION 379, October 19, 2006
Published in Official Gazette 202 on October 20, 2006, Section 1, 175 and 176 pages
Creates and regulates the data and information system on forest management by the National Environment System (SISNAMA).
The NATIONAL ENVIRONMENTAL COUNCIL-CONAMA, pursuant to the powers vested on it by Law no 6,938, of August 31, 1981, regulated by Decree No. 99,274, of July 6, 1990, and in view of the provisions in its Internal Rules, annexed to Ordinance No. 168 of June 10, 2005; and
Considering the need to integrate the activities of the organs of the National System of Environment-SISNAMA in implementing the country’s forestry policy;
Considering the need to regulate the procedures and criteria of standardization and integration of systems, instruments and control, transport documents and forest products and by-products storage by the Union, the States and the Federal District, especially for the efficiency of environmental surveillance procedures;
Considering the provisions of the Laws No. 4,771, of September 15, 1965, No. 6,938, of August 31, 1981, and 11,284, of March 2, 2006;
Considering, moreover, the provisions of Law No. 10,650, of April 16, 2003, which provides for public access to data and information contained in the member agencies and entities the SISNAMA, resolves:
Art. 1 The members of the National System of Environment-SISNAMA shall make available on the World Wide Web- INTERNET information about forest management, within one hundred and eighty days, in compliance with the current forest regulations and, in particular:
I-authorizations from the Sustainable Forest Management Plan-PMFS, their georeferenced location and the results of technical inspections;
II-authorizations for the suppression of the natural arboreal vegetation for alternative use of the soil, which must be georeferenced, in accordance with the legislation in force as well as the location of the property, the areas of permanent preservation and legal reserve;
III-Integrated Forest Plan and Industry- PIFI or similar document;
IV. forest replacement with regard to:
a) concession transfer operations and compensation claims;
b) calculation and offsetting of debts;
V-document for the transport and storage of forest products and by-products of native origin;
VI-information relating to the applications of administrative sanctions, in the form of art. 4 of Law at 10,650, of April 16, 2003 and 61 of Decree No. 3,179 of September 21, 1999, including the processing of respective administrative processes, as well as the information contained in the reports of monitoring, control and surveillance of forestry activities;
VII-geo-referenced images and identification of conservation units are part of the National System of Conservation Units – SNUC, quilombo and indigenous lands demarcated and, when information is available, the Areas of Permanent Preservation -APPs;
IX-social evaluation and control mechanisms related to forest management; and
X-type, volume, number, and destination of seized forest products and by-products.
§ 1 Is waived georeferenced indication of location of the property, the areas of permanent preservation and legal reserve the item (II) of this article, the small country estate or rural family possession, pursuant to art. 1, § 2, item I of law No. 4,771, 1965.
§ 2 The bodies belonging to SISNAMA shall make available the information referred to in the caput of this article, to the National Information System on the Environment -SINIMA, established in the form of art. 9, subitem VII of law No. 6,938, of 1981.
§ 3 In addition to the information referred to in this article it shall be made available each year for advertising purposes those pertaining to forest management concerning:
I-institutions responsible for forest management;
II-human resources involved in forest management;
III-budgetary resources provided for and effectively applied to forest management;
IV. infrastructure and equipment used in forest management; and
V-endorsements for the institutional strengthening of the bodies.
§ 4 The members of SISNAMA shall prepare yearly an evaluation report on the performance related to licensing, control and monitoring of forest activities, that will be made available on the INTERNET.
§ 5 CONAMA shall, within one hundred and eighty days after the publication of this Resolution, define the criteria and procedures for monitoring and evaluating the process of shared forest management, after hearing the National Forest Commission-CONAFLOR.
§ 6 The environmental councils shall be responsible for the monitoring and assessment of forest management, without prejudice to any other existing forest management.
Art. 2 The Brazilian Institute of the Environment and Renewable Natural Resources -IBAMA will make available immediately, free of charge to the or members of SISNAMA, the system and issuance control of documents related to forestry activities, and support capacity building for its implementation, by signing of cooperation agreement with the interested Federation members.
Art. 3. It will be up to the members of SISNAMA responsible for forest management:
I- to facilitate and provide to all the federation entities access to systems and control documents of forestry activity, in particular those required for environmental monitoring activities;
II. to make available to the public, via the INTERNET, the information necessary to verify the origin of forest products and by-products;
III- to adopt the criteria set out in this Resolution and the minimum content of information on dispatch of documents for the control of the transport of forest products and by-products;
IV- to publish and keep updated and available on the INTERNET the list of forest products and by-products exempted from coverage of the transport document, within their jurisdiction.
§ 1. The compliance with the provisions of this article shall be within one hundred and eighty days from the date of publication of this Resolution.
§ 2 The electronic systems and document templates to control the transport and storage of forest products and by-products of native origin shall be registered with IBAMA.
Art. 4 the Ministry of the Environment and IBAMA will keep updated an INTERNET portal, which integrates and makes available the information about the control of forestry activity, in order to comply with the provisions of environmental legislation, in particular those dealing with the Interstate flow of forest products and by-products.
§ 1 The portal methodology should consider the identification and standardization of data and information, with a view to integrated operationalization, without prejudice to the systems and instruments adopted by the Federation’s entities.
§ 2 The information concerning authorizations, in particular on native vegetation suppression, licenses and documents for the transport and storage required to the inspection of forestry activities, in particular the flow of forest products and by-products, will remain available on the Web in an integrated system.
§ 3 The documents for cover, transport and storage of forest products and by-products of native origin issued by environmental agencies, in the form of the ANNEX of this Resolution will be valid throughout the national territory.
Art. 5 The information relating to authorizations, licenses and documents for the transport and storage of forest products and by-products of native origin shall comply with the following minimum guidelines:
I – guarantee of the control of the origin, destination and the respective transformations of forest products and by-products of native origin;
II- the guarantee of access to users, the Union, States, Federal District and municipalities and the general public to information through the INTERNET;
III- generation, issuance and control of documents via electronic and computerized system;
IV- issue, use and contents of the user’s responsibility;
V-transparency of the information made available on the INTERNET.
Art. 6 The documents for the transport and storage of forest products and by-products of native origin, imposed by the Union, States, Federal District and municipalities, shall contain the information and minimum requirements contained in the ANNEX to this Resolution.
§ 1. All information listed in the ANNEX to this Resolution shall contain electronic format and be available for consultation on the INTERNET in a system allowing for assessing their validity.
§ 2 The States, whose control of documents storage and transport of forest products comply with the ANNEX to this Resolution, may continue to use these instruments with validity throughout the country.
Art. 7. This Resolution shall enter into force on the date of its publication.
MARINA SILVA-Council President
This text does not replace the one published in the Official Gazette October 20, 2006.
ANNEX – Identification of the Institution issuing the document for transport