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Forest Standards in Public Procurement Four key messages

BMZ Conference Forest for the Future 11-12 June, 2013 Berlin Forest Standards in Public Procurement and Sustainable Building Policies I S A F O R Erik Lammerts van Bueren. Forest Standards in Public Procurement Four key messages.

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Forest Standards in Public Procurement Four key messages

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  1. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin BMZ Conference Forest for the Future11-12 June, 2013 BerlinForest Standards in Public ProcurementandSustainable Building PoliciesI S A F O R Erik Lammerts van Bueren

  2. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementFour key messages • In order to create solid ground for implementing their TPP,Governments have to establish their own reference framework including SFM criteria • Harmonisation, among MS, of criteria and ways of assessment of (Certification systems for) sustainably produced timber is highly desirable and effective. • Unbridled proliferation of source and product oriented standards can impose unequal requirements on the management of the forest. Equal requirements is a must • Legislation/regulation is keyfor turning demand towards legal and sustainably produced timber and biomass and for effectively influencing SFM(Self binding rules for Governments, EUTR,RED)

  3. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementHistory • Deforestation and degradation of Tropical Rain Forests was main trigger for private sector initiatives to certify timber • FSC 1993 • PEFC 1999

  4. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementProcurement Policies • Procurement policies are driven strongly in countries with: • Powerful NGO movement • Substantial tropical timberimport volume, • Two governmental roles: • Government as legal entity; self binding • Government as public legislator; regulations binding for all or selected actors in the country (sanctions)

  5. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementRequirements for a Sound TPP Policy must be compatible with: • WTO, EU and National legislation EU treaty • Non-discrimination, equal treatment, transparency, proportionality EU Procurement Directives 2004/17/EC and 2004/18 • Art 23: prohibits to refer to standards of CS as a bench mark for SFM Simply referring to FSC/PEFC or similar is not allowed • To create solid ground for implementing their TPPGovernments have to establish their own criteria and reference framework

  6. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementThe Netherlands experiment • The Dutch Government established in 1997 "Minimum requirements for SFM” • Parliament decided to elaborate the Minimum requirements into a standard of P & C. • It took 5 years to agree on a Standard in a consultative process. Requirements for certification protocols were added. • Ad hoc committee assessed Certification systems against the Dutch standard. No CS passed!!!! Standard was simplified.

  7. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementTimber Procurement Assessment System (1) TPAS • TPAS components: • Timber Procurement Assessment Committee (TPAC), 5 independent members plus a secretary. • 3 normative documents as its reference framework: • SFM standard; • CoC standard; • DAM standard; Development, Application and Management of certification systems,. • In addition: PEM standard; the Procedure on Endorsement of Certification Systems by a Meta-System • User Manual, including a scoring system and objection and appeal procedure

  8. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementTimber Procurement Assessment System (2) TPAS • Assessment by 2 step approach: • 1) Analysis: if and in what way is each TPAS criterion being addressed by the CS. • 2) Judgement: TPAC evaluates the way each TPAS criterion is being addressed. Review by the System manager at least two times. • Actual performance of the CS or Umbrella system is taken into account (practice test). • Stakeholder forum • Audit reports • Final decision by responsible Minister

  9. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementThe Netherlands experienceconclusions • TPAC judgement recognised in BREAM protocol • Consumption of certified sawn woodincluding plywood and boardshas risen substantially: • 200833,5%of total consumption (6,6 mil m3) • 201166,7%of total consumption (5.8 mil m3) • Compliance market is best guaranteefor growth of demand • Implementation of TPP based on a solid reference framework keeps Certification systems sharp

  10. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementThe Netherlands experienceconsumption of sustainable wood • Consumption 2011 sawn wood and plywood and boards 5.8 million m3 r.e. • Construction 38%; • Packaging sector 23%; • Road and water works 12%; • Furniture 12%; • DIY and Garden sector 11%; • other 4%; • PEFC 2.5 million M3 FSC 1.4 million M3

  11. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementThe International Context (MS) • Most EU member states lack a transparent reference framework for the justification of accepting FSC and PEFC certificates as evidence for SFM • Differences in sustainability requirements and assessment procedures between EU member states cause confusion and constraints with the timber trade and certification systems. • Harmonization of reference frameworks and assessment procedures is therefore highly desirable. • Cooperation in assessing certification systems and category B evidence avoids double efforts and saves financial and human resources.

  12. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementThe International Context (EC) • ADWG 2010,"Public procurement of wood and wood based products“ concluded: • “sustainable produced timber” can qualify as subject matter • criteria of all three pillars of sustainable production, including criteria regarding use and tenure rights of the forest, are appropriate in the technical specification and/or the award stage of wood and wood products. • EC GPP Communication 2008 “Public Procurement for a Better Environment”advices: • legally harvested forests as minimum technical specification for supply contracts and as contract performance clauses for work contracts. • compliance with sustainability criteria which are linked to the subject matter of the contract is proposed as award criteria. • Reference standards PEOLG, UNCED principles, ITTO, et c

  13. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementThe International Context • EUTRT Legal • FLEGT Legal • EU-RED Sustainable Biomass • REDD+ Carbon

  14. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Proliferation of standards In 4) not every forest can fulfil all the social functions which are given as examples

  15. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementProliferation of standards Complete standards have two components to safeguard the conservation of biodiversity: • Spatial component: criteria with a spatial dimension (separation of functions within the FMU) • Component addressing the quality of the intervention: process criteria and/or criteria describing a characteristic of the ecosystem (integration of functions)

  16. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public Procurement Thank you for your attention

  17. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementProliferation of standardssource oriented standards Legal forest management/ legal wood • SGS: TLTV (VLO and VLC) • Smart Wood: LO and LC • Bureau Veritas: OLB • FSC: CW • etc. Sustainable forest management / sustainably produced wood • FSC • PEFC and systems endorsed by PEFC (CSA; SFI; MTCS; FFCS; etc.) • ISO Environmental management system • RIL standard, Tropical Forest Foundation (USA) • etc.

  18. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementProliferation of standardsproduct oriented standards Sustainable biomass • Criteria for Sustainable Bioenergy use on a global scale (Germany) • Testing Framework for sustainable biomass (NTA) (Netherlands) • Round Table for Sustainable Biofuels (RSB) • Round table for Sustainable Palm Oil (RSPO) • etc CO2 storage • Clean Development Mechanism (CDM A/R) • Gold standard (GS) • Climate, Community & Biodiversity Standards (CCBS) • Voluntary carbon Standard (VCS) • Chicago climate exchange (CCX) • Voluntary Offset Standard (VOS) • Plan Vivo • etc

  19. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementFLEGT • Definition of Legally produced timber(compliance with Legislation relevant for SFM and timber trade) • rights to harvest • requirements regarding forest management, including compliance with relevant environmental, labour and community welfarelegislation • taxes, duties, royalties and fees related to harvesting and timber trade • respect for tenure and use rights to land and resources • requirements for trade and exports

  20. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementFLEGT (2) • Definition of Legally produced timber • Legality Assurance System (LAS) • Timber Licensing Scheme

  21. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementEUTR (regulation 995/2010) • Definition of applicable legislation(country of harvest): - rights to harvest timber within legally gazettes boundaries - payments for harvest rights and timber including duties related to timber harvesting - timber harvesting, including environmental and forest legislation including forest management and biodiversity conservation, where directly related to timber harvesting - third parties' legal rights concerning use and tenure that are affected by timber harvesting, - trade and customs, in so far as the forest sector is concerned

  22. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementEUTR (regulation 995/2010)(2) • Obligations of operators: (placing timber on the market) • risk mitigation procedures • risk assessment • access to information • Obligations of traders: they shall be able to identify: • the operators or traders who have supplied the timber • traders to whom they have supplied timber and timber products

  23. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementEU-RED (regulation) • Art.17 Biofuels and bioliquids shall not be made from raw material obtained from: • primary forest • areas designated for nature protection purposes

  24. I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin Forest Standards in Public ProcurementTimber Procurement Assessment System (3) TPAS • Category B evidence = • Any credible documentary evidence, other than a certificate, that provides assurance that the timber has been sustainably produced. • TPAC assists government procurement officers in assessing category B evidence for sustainably produced timber and for legal timber.

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