Persons interested in participating in the "Madera Legal Costa Rica" certification system must comply with the requirements detailed below:
- a)General requirements 1. Be up to date with tax obligations, as established by Law No. 9428. This information shall be verified by the ONF, on the Website of the Ministry of Finance (Virtual Tax Administration).
2. Be up to date in the payment of employer and worker contributions to the Costa Rican Social Security Fund, or have an approved payment arrangement, as established by Law No. 9686. This information shall be verified by the ONF, on the Website of the Costa Rican Social Security Fund.
3. Have mandatory work risk insurance (RT), as established by Law No. 2, except for the cases indicated in Article 194 of the Labor Code.
- b)Specific requirements for the timber harvesting (aprovechamiento maderable) category.
In addition to the general requirements, interested persons must comply with the following requirements:
1. Commit, through a sworn statement, to developing the activity in accordance with the principles, criteria, and indicators of forest sustainability as applicable (DE No. 34559, Article 2; DE No. 39952, Article 5; DE No. 27388 Article 2, and its amendments). In the case of forest plantations, compliance with the principles, criteria, and indicators is voluntary.
2. Have a forestry management (regencia forestal) form duly registered before the CIAGRO and in force, or a resolution issued by CIAGRO (for online registrations), except for projects that do not have PSA, in which case it must be submitted after the approval of registration by the ONF.
3. Present a technical study carried out by a forestry professional, whose content will depend on the sub-category and modality of certification and is detailed below:
i. For the sub-category of projects in the forest plantation modality: administrative location, registered adjacent properties, location of the project area with respect to protected wild areas, current use, site description, access to the property, slope, stoniness, soil depth, access within the estate, results of the soil samples and their interpretation, and indicate, when applicable, the recommendations or required actions, evaluation of the physical-environmental, ecological, and silvicultural factors, with which it must recommend the species, planting sites, and management of the same, species, planting density, rotation cycle (turno de corta), maintenance activity program and silvicultural management, and land preparation before establishment, type of reforestation material to be used, effective area per species, survival, phytosanitary status, annual schedule of silvicultural activities to carry out until the final harvest, location and quantification of the surfaces occupied by other land uses (existing infrastructure, protection zones, etc.), perimeter of the estate and the area to be certified, boundary lines (linderos), and fire prevention activities, property domain, others.
ii. For the sub-category of projects in the forest modality: owner's name of the property, identification number, registered estate number(s) (folio(s) real(es)), plan number(s), total area(s) of the registered estate(s) (folio(s)), current use, administrative location, and the exact address of the estate(s), registered adjacent properties, indicate if the area to be submitted is located within a protected wild area, noting its name, detail the protection areas, quantify and deduct from the effective area the areas occupied by primary roads and log yards (patios de acopio), infrastructure, and other uses, indicate if eventually silvicultural works were planned after the closure of the management plan, provide the digital files of the perimeter of the estate and the area to be certified, indicate whether the area or areas to be certified are within leased sites or not, status of boundary lines (linderos), and the fire prevention activities executed.
- c)Specific requirements for the categories of primary wood industry, sawn wood marketing with third-party sawmilling, and secondary wood industry. In addition to the general requirements, interested persons must comply with the following requirements:
1. Have the sanitary operating permit in accordance with Executive Decree 39472.
2. Have the municipal business license up to date.
3. Be registered in the SINAC industry registry, in accordance with Executive Decree 25721, Article 72. (applies only to primary transformation industries).
4. Have a management (regencia) contract, which must be submitted after the approval of registration by the ONF.
- d)The documents to be submitted are the following:
1. Express request by the interested and legitimized individual or legal entity, containing the following information:
i. Date and place.
ii. Company name (fantasy or trade name, when applicable).
iii. Full name of the owner(s), co-owner(s), applicant's qualities (marital status, occupation, exact domicile) and identification card number, passport, or residence card; as the case may be.
iv. Administrative location of the property where the timber harvesting (aprovechamiento maderable), primary transformation industry, or sawn wood marketer with third-party sawmilling service is being developed.
v. Means for receiving notifications.
vi. Indicate the property ownership status of the real estate where the productive activity is developed (owner, possessor, lessee, etc.).
vii. Signature of the owner or legitimized person. When it concerns an applicant unable to sign and must do so by fingerprint, it must be authenticated by a notary public. In-person submission will be valid with a notation made by the ONF official attesting to authenticity.
viii. In case of easements (servidumbres) on private property, the application must be submitted by the titleholder(s) of the property over which the easement (servidumbre) is constituted, duly registered in the estate's registration volume.
ix. Indicate the certification category to which they wish to apply (timber harvesting project (proyecto de aprovechamiento maderable), primary transformation industries, sawn wood marketers, or secondary transformation industry).
x. Indicate if the individual or legal entity is the owner of other properties where harvesting (aprovechamiento) has occurred in the last year, is occurring, or will occur (indicate estate number, location, and status of the harvesting (aprovechamiento)), this for the purpose of knowing if the individual or legal entity has other properties where timber harvesting (aprovechamiento maderable) has taken place or will take place, which are not registered in the certification. Applies to the timber harvesting (aprovechamiento maderable) category.
xi. Indicate if the individual or legal entity is the owner of other primary transformation industries in addition to the one being registered for certification (indicate name and location). Applies to the primary transformation industries categories.
xii. Indicate if the individual or legal entity is the owner of other sawn wood marketers with third-party sawmilling services (indicate name and location). Applies to the category of sawn wood marketers with third-party sawmilling services.
xiii. In case of reforestation projects and forests submitted to the Payment for Environmental Services (Pago de Servicios Ambientales) program, the contract number must be indicated.
xiv. In case of industries and marketers that have environmental viability from SETENA, the resolution number must be indicated.
xv. Indicate the resolution number of the SINAC industry registry (applies only to the primary transformation industries category).
2. If the request is made by a third party, they must submit a physical or digital Special Power of Attorney, in accordance with the provisions of Article 1256 of the Civil Code, specifying the act or acts for which they have been authorized.
3. For properties where the registration stage with the National Registry has not been completed, it is necessary to submit a certified copy of the final judgment of the concluded possessory information. The certification of this document may be by a notary public or the corresponding Court.
4. When it concerns properties whose tenure situation is to be resolved through a probate process, the corresponding certified copy of the judicial resolution on the appointment of the executor, issued less than three months ago, by the corresponding court or by a Notary, must be submitted.
5. Sanitary operating permit issued by the corresponding municipality: Applies for primary wood transformation industries and sawn wood marketers with third-party sawmilling services. A copy of the valid sanitary operating permit must be submitted.
6. Municipal license: In the case of primary wood transformation industries and sawn wood marketers with third-party sawmilling services. A copy of the valid municipal license must be submitted.
7. Certificate of single tax registry (payment arrangement): This document must be submitted only if the applicant (individual or legal entity) has a payment arrangement with the Ministry of Finance.
8. Worker- employer obligations (payment arrangement): This document must be submitted only if the applicant (individual or legal entity) has a payment arrangement with the CCSS.
9. Copy of the risk insurance policy: The applicant (individual or legal entity) must submit proof of the valid work risk insurance policy.
10. Copy of the registered forestry management (regencia forestal) form or resolution issued by the CIAGRO in case of online registrations through the SIGEREFO (applies to the timber harvesting (aprovechamiento maderable) category, except for projects without PSA).
11. Technical study prepared by a forestry professional (applies to forest plantations and forests).
12. Sworn statement: The applicant (individual or legal entity) must submit a sworn statement indicating the following:
i. Commitment to comply with the principles, criteria, and indicators and/or sustainability standards that guarantee sustainable forest management (in the case of the timber harvesting (aprovechamiento maderable) category in forests and plantations).
ii. Indicate that the salaries and other working conditions of the collaborators are at least the legal minimum.
iii. Indicate the average annual volume of roundwood and sawn wood consumption in the case of primary transformation industries and sawn wood marketers with third-party sawmilling services. The volume to be reported must be the average volume of the last four years of operation of the company. In the case of companies that have been operating for less than 4 years, they must indicate the average annual wood consumption according to the operating time. For companies with less than 1 year of operation, a projection of the volume to be consumed in the certification year must be indicated.
The previously described documents, as applicable, must be attached to the application form for registration to the "Madera Legal Costa Rica" certification system, which may be done online or in person through the ONF.