CONAMA Resolution 411/09

RESOLUTION 411, May 6, 2009
Published in Official Gazette 86 on 05/08/2009, pp. 93-96
Establishes provisions for inspection procedures related to industries that consume or process natural forest products and sub-products, as well as setting the respective nomenclature standards and volume yield coefficients, including vegetal coal and saw mill wastes .

The NATIONAL ENVIRONMENTAL COUNCIL-CONAMA, pursuant to the powers vested on it by art. 8, subitem VII of Law No. 6,938 dated August 31, 1981 and in view of the provisions of its internal rules, annexed to Ordinance No. 168, of June 10, 2005; and

Considering the need of establishing naming patterns for forest products and by-products that enables the integration of electronic control systems, provided for in the resolution of the National Environment Council-CONAMA No. 379, of October 19, 2006, and enforcement actions throughout the national territory, Considering that the need to define minimum technical inspection procedures in industries that utilize forest materials of native origin, resolves:

Art. 1 The object of this Resolution is to define procedures for consumer industries or manufacturing inspection of forest timber products and by-products of native origin, as well as their respective naming standards and volumetric efficiency coefficients, including charcoal and sawmill waste.

Sole paragraph. The inspection referred to in the caput of this article aims to prove the information declared to the competent environmental agency.

Art. 2 The environmental agency should establish routine of inspection criteria from mesh criteria defined by the environment agency or by public draw.

§ 1. The conduction of the public draw may me from stratification by region and size of the companies.

§ 2 The Brazilian Institute of the Environment and Renewable Natural Resources –IBAMA and the other agencies of the National System of Environment-SISNAMA may provide procedures for conducting the draw, based on technical cooperation agreements signed among themselves.

Art. 3 For the conduction of the inspection, the technicians of the environmental agency must raise information for the period of review established as per the script of ANNEX I of this Resolution.

§ 1. For the conduction of the inspection, technicians of the environmental agency shall prepare the respective opening and closing terms.

§ 2 The environmental agency will establish specific act for establishing deadlines for the presentation of required documents.

Art. 4 The environmental agency may, as applicable, require of the industries under inspection:

I- space suitable for the checking of documents;
II- the presence of a full-time representative to monitor all stages of the work;
III- presentation of the documentation listed in ANNEX I to this Resolution;
IV-detailed information of equipment regarding the ability to pitsawing/ consumption of raw material in the period of study;
V-detailed information about the electric energy consumption of the industrial unit in the period of study;
VI-forklift, tractor or other equipment, if necessary, with operator for moving logs and or batches of sawn or milled wood in the deposits;
VII-team free access both in the office and in the production line and storage yards, respecting the safety regulations; and
VIII-separation of logs by species, with batch properly identified.

Sole paragraph. The competent environmental agency should perform inspection during the hours of operation of the company.

Art. 5. During the inspection, the technicians of the environmental agency must accompany all conversion processes of wood, firewood or charcoal.

Art. 6 The conversion of forest products or by-products by industrial processing must be informed on the System-DOF or in the state electronic integrated system, respecting the volumetric coefficient of each industry

§ 1. For the purposes of the conversion dealt with in the caput, the competent environmental agency will adopt the volumetric efficiency coefficient table set out in ANNEX II within 180 days of the publication of this Resolution.

§ 2. The period referred to in paragraph 1 may be extended only once for an equal period, when duly justified.

§ 3. For yield coefficients lower than the set out in ANNEX II, the entrepreneur must present technical study according to simplified Term of Reference (ANNEXes V and VI), with the immediate adoption by the competent environmental agency.

§ 4. For yield coefficients above the set out in ANNEX II the entrepreneur must present technical study according to the standard Term of Reference (ANNEXes III and IV), with the immediate adoption by the competent environmental agency.

§5 For yield coefficients other not predicted in this Resolution, the competent environmental agency may establish a specific term of reference for the study.

§ 6 The environmental agency will consider the coefficient of volumetric efficiency as laid down in ANNEX II in cases of non-submission of specific studies.

§ 7 The entrepreneur may, at any time, submit a new technical study for modification of the yield coefficient.

§ 8 The conversion must indicate the transformation to the main product at the limit of the yield coefficient provided for in ANNEX II, including by-products of timber obtained from the trimmings, borders, chips and other debris from processing and industrialization of wood.

§ 9 Whenever there is processing, the conversion must be reported, including when it occurs on the farm.

§ 10. The conversion must be informed on the system, a maximum of 5 working days after processing, unless by force majeure duly justified.

§ 11. The conversion of products and by-products, including when in the operating area, will be allowed only for entrepreneurs duly licensed for that activity.

§ 12. Technical inspection should consider the current yield coefficient at the time of processing, as indicated in the system.

Art. 7 The proof of yield coefficients

§ 8 The conversion must indicate the transformation to the main product at the limit of the yield coefficient provided for in ANNEX II, including by-products of timber obtained from the trimmings, borders, chips and other debris from processing and industrialization of wood.

§ 9 Whenever there is processing, the conversion must be reported, including when it occurs on the farm.

§ 10. The conversion must be informed on the system, a maximum of 5 working days after processing, unless by force majeure duly justified.

§ 11. The conversion of products and by-products, including when in the operating area, will be allowed only for entrepreneurs duly licensed for that activity.

§ 12. Technical inspection should consider the current yield coefficient at the time of processing, as indicated in the system.

Art. 7 The proof of volumetric yield coefficients shall occur by inspection

Sole paragraph. If proven volumetric yield coefficient other than that used by the company, considered the confidence interval set out in the study, the competent environmental agency will apply the sanctions provided for in the environmental legislation and promote the change of coefficient as detected during the inspection.

Art. 8 the competent environmental agency will promote training of its technicians to carry out the technical inspections.

Art. 9. The forest products and by-products registered loggers electronic control systems shall observe the glossary of technical terms as ANNEX VII.

§ 1. The classification of wood products and by-products shall comply with the scientific name of the species concerned and the member states should adopt the standardized and updated list by IBAMA.

§ 2 The competent environmental agency can forward the IBAMA list update request cited in the previous paragraph.

§ 3 the environmental agency, in line with the business sector, may subclass the products and by-products according to the degree of processing, without prejudice to the classification established in this Resolution.

§ 4 During the inspection of the environmental agency or the technical inspection, products classified in the electronic control system non-compliant with the technical glossary will be subject to the penalties provided for in the environmental legislation.

§ 5 The penalties provided for in the preceding paragraph shall not apply in cases of sub-classifications.

§ 6 IBAMA, in conjunction with the competent environmental agencies and the business sector, will establish definition for products and by-products other than those referred to in ANNEX VII of this Resolution Art. 10. Technical cooperation agreements between IBAMA and other agencies members of SISNAMA, may be signed in the area of forest management and inspection, with the aim of joint actions, exchange of information, especially those relating to the environmental licensing and monitoring developments.

Art. 11. This Resolution shall not apply to forest products and by-products from plantations.

Art. 12. The environmental agency must draw up inspection manuals from the guidelines contained in this Resolution.

Art. 13. This Resolution shall enter into force on the date of its publication.

CARLOS MINC-Council President

This text does not replace the one published in the Official Gazette of 05/08/2009


 

Annex I – Industrial Inspection Guidance Roadmap

Annex II – Volumetric Yield Coefficient (CRV)

Annex III – Studies to determine the highest volumetric yield coefficient of commercial log in sawn timber valid for yield coefficient greater than the one set out in Annex II

Annex IV – Studies for determination of the volumetric yield coefficient of commercial log in laminated wood for a coefficient greater than the one established in Annex II

Annex V – Studies for determining the volumetric yield coefficient of commercial log in sawn timber valid for a coefficient lower than the one laid down in Annex II

Annex VI – Roadmap for determination of the volumetric yield coefficient of commercial log in laminated wood valid for a coefficient lower then that laid down in Annex II

Annex VII – Glossary of Wood Products