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Sub-Regional Training Workshop on Timber Legality Assurance Towards a Credible Timber Legality Assurance System in the Mekong Region 24 - 26 November 2010 Ha Noi, Viet Nam WORKSHOP DOCUMENT International Cooperation Department (ICD), Ministry of Agriculture and Rural Development (MARD) of Viet Nam EFIs EU FLEGT Asia Regional Support Programme (FLEGT Asia) ASEAN Secretariat
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Page 1: Sub regional workshop on timber legality assurance systems - 2010

Sub-Regional Training Workshop on Timber Legality Assurance Towards a Credible Timber Legality Assurance System in the Mekong Region

24 - 26 November 2010 Ha Noi, Viet Nam

WORKSHOP DOCUMENT

International Cooperation Department (ICD),

Ministry of Agriculture and Rural Development (MARD) of Viet Nam

EFI’s EU FLEGT Asia Regional Support Programme (FLEGT Asia)

ASEAN Secretariat

Page 2: Sub regional workshop on timber legality assurance systems - 2010

Table of Contents

1. Workshop Summary 2. Programme 3. Presentations

3.1. Introduction Alexander Hinrichs

3.2. International Government and Private Sector Initiatives in Timber Trade Alexander Hinrichs

3.3. Changing markets the emerging trade in legal, sustainable timber and implications for Mekong countries To Xuan Phuc

3.4. Key elements of credible Timber Legality Assurance Systems (TLAS) European Forest Institute

3.5. ASEAN trade measures and the regional reference framework on timber legality and Chain of Custody Dian Sukmajaya

3.6. The Indonesian Timber Legality Assurance System and related experience from VPA negotiations Agus Setyarso

3.7. The Malaysian Timber Legality Assurance System and Related Experience From VPA Negotiations B.C.Y Freezailah

3.8. Timber Legality Assurance System in Vietnam Directorate of Forestry Vietnam

3.9. Timber Legality Assurance System in Cambodia Suon Sovann

3.10. Issues regarding Timber Legality in Lao PDR Representative of Lao PDR

3.11. Timber Legality in Myanmar Myo Myint & Zaw Win

3.12. A timber legality assurance system (TLAS) of Thailand Jirawat Tangkijngamwong

3.13. Issues Related to Timber Legality Assurance in China Gao Ya

4. Group Work Presentations

4.1. Thailand 4.2. Myanmar 4.3. Lao PDR 4.4. Cambodia 4.5. Vietnam

5. Overview Table 6. Fieldtrip to Woodsland Annex A: List of Participants Annex B: Questionnaire Results

Page 3: Sub regional workshop on timber legality assurance systems - 2010

1. Workshop Summary

Sub-Regional Training Workshop on Timber Legality Assurance System, 24-26 Nov. 2010

Ha Noi, Viet Nam

Towards a Credible Timber Legality Assurance System in the Mekong Region

Co-organized by the International Cooperation Department of the Ministry of Agriculture and Rural

Development of Viet Nam, ASEAN and the EU FLEGT Asia Support Programme implemented by the

European Forest Institute, a training workshop for participants from Cambodia, Laos, Myanmar,

Thailand and Vietnam was held in Ha Noi from 24-26 Nov 2010 which included a field visit. The event

was additionally supported by the Vietnamese-German Forestry Programme and the ASEAN-German

Regional Forestry Programme, both implemented by GTZ Germany. The more than 50 participants

included government officials, members of civil society and the private sector.

In response to the serious global concern on illegal logging and its associated timber trade, initiatives

and regulations are being implemented to combat such malpractices including, among others, the

EU FLEGT Action Plan, EU Timber Regulation, the US Lacey Act and Public Procurement Policies.

These markets demand the importation of timber and timber products which have been verified

through a credible Timber Legality Assurance System (TLAS). Such a system is central to the EU

FLEGT Voluntary Partnership Agreement (VPA), which has been signed with Ghana, Cameroon and

Republic of Congo. In the ASEAN region, negotiations with the EU are in an advanced stage in

Indonesia and Malaysia, whilst formal negotiation with Vietnam will commence on 29 Nov 2010.

In November 2009, the ASEAN member states adopted a reference framework for timber legality

which define the criteria and indicators for legal timber, as part of a phased approach for timber

certification for sustainability. This ASEAN initiative is a significant contribution to the development

of a credible system for the verification of timber legality. It is within this context that the Sub-

regional Training Workshop on TLAS was convened with the following objectives:

Provide an overview of the policies related to timber legality and market initiatives

Exchange experiences on TLAS between ASEAN member countries

Enhance the capacity of participating countries to develop and implement TLAS based on

the ASEAN framework and other initiatives

Discuss options and elaborate initial steps for sub-regional and/or national level processes in

the Mekong region

Page 4: Sub regional workshop on timber legality assurance systems - 2010

During the workshop presentations were made by resource persons and representatives of the

participating countries, which outlined relevant international initiatives and the situation in each

country respectively. This demonstrates the recognition of the importance of TLAS by all

participants. At the end of the presentations, participants broke up into national working groups to

formulate a roadmap on how their respective countries may make progress to develop a credible

TLAS. Each national working group presented their proposal in plenary. From these presentations

made by the representatives from Cambodia, Laos, Myanmar, Thailand and Vietnam, the following

was highlighted:

a strong commitment towards the development of a credible TLAS within the framework of

the EU FLEGT VPA

the need to establish or strengthen institutional arrangements to facilitate the development

of TLAS

the need for resources and technical support to facilitate capacity building in order to

undertake awareness raising, consultations, training and studies in relation to the

development of TLAS and subsequent negotiation and implementation of EU FLEGT VPA

the need for close sub-regional coordination and exchange of knowledge and experiences

within the framework of ASEAN

the need to identify gaps in the existing systems in order to develop a credible TLAS

The enthusiasm of all participants and the formulation of national roadmaps towards the

development of the TLAS, in which there was broad consensus and commonality on the elements

independently indentified, augurs well for the future. These roadmaps will need further reflection

and elaboration by each country, but they will nevertheless form the basis for internal consultations,

not only with relevant government authorities but also with other stakeholders, to ensure a well

balanced approach when embarking on formal negotiation with the EU. The role of ASEAN in these

initiatives is well appreciated by all participating countries.

The success of the workshop is attributable to the active participation of all participants, the very

informative presentations by resource persons and the general conduct and structure of the

workshop in addition to the hospitality of the host government. All participants wish to convey their

appreciation to the sponsors of the workshop, Dr. Alex Hinrichs as workshop facilitator, the

contributions of the resource persons from ASEAN Secretariat, European Forest Institute, Indonesia

and Malaysia, and the excellent logistical arrangements made by the secretariat. The workshop was

held in the traditional ASEAN spirit of cooperation and solidarity.

Ha Noi, Vietnam

26 Nov, 2010

Page 5: Sub regional workshop on timber legality assurance systems - 2010

2. Programme

Programme for “Sub-Regional Training Workshop on Timber Legality Assurance”

24 – 26 November 2010, Ha Noi, Viet Nam

Day Session & Time

Topic Sub Topic Method

Responsible Person

(1) (2) (3) (4) (5) (6)

Wed

nes

day (

24.1

1.1

0)

0. 8:00 – 8:30

Registration 0. Registration by participants (arrival should be on 23.11)

Vietnam/MARD (host country)

1. 8:30 – 10:00

Introduction to event

1. Opening Ceremony 2. Participants round (background, expectations) 3. Introduction to programme (20 min)

=>Tea break (9:45 – 10:00)

1. Formal ceremony 2. Group round 3. Presentation

1.MARD, EU Delegation and ASEAN Sec 2/3. Alexander Hinrichs (EFI)

2. 10:00 – 11:10

Markets and market initiatives: international perspective

4. International Government and Private Sector initiatives in timber trade: Timber import regulations, FLEGT, public procurement policies, and forest certification (30 min)

5. Changing markets: the emerging trade in legal and sustainable timber (25 min)

6. Questions and Answers (15 min)

Presentations and discussion

4. Alexander Hinrichs 5. Phuc Xuan To (Forest Trends Vietnam)

3. 11:10 – 13:30

Background: Introduction to TLAS

7. Key elements of credible timber legality assurance systems (40 min) 8. Questions and Answers (10 min)

=> Lunch (12:00 – 13:30)

Presentation and discussion

7. Thomas Pichet and Jussi Viitanen (EFI)

4. 13:30 – 14:20

Regional framework: ASEAN perspective

9. ASEAN trade measures and the regional reference framework on timber legality and Chain of Custody - current status and next steps (30 min)

10. Questions and Answers (20 min)

Presentation and discussion

9. Dian Sukmajaya/ ASEAN Sec

5a. 14:20 – 17:00

State run timber legality verification in ASEAN Member States

11. The Indonesian Timber Legality Assurance System SVLK and related experience from VPA negotiations (30 min)

12. The Malaysian Timber Legality Assurance System and related experience from VPA negotiations (30 min)

13. Issues related to Timber Legality Assurance in Vietnam (30 min) 14. Discussion (30 min) =>Tea break (15:30 – 16:00) => Wrap-up (by selected participant)

Presentation and discussion

11. Dr. Agus Setyarso/ Indonesia (resource person) 12. Dr. Freezailah bin Che Yeom/ Malaysia (resource person) 13. NN/Vietnam

19:00 – 21:00

Dinner at the Intercontinental Hotel for all participants and selected invitees

Page 6: Sub regional workshop on timber legality assurance systems - 2010

Day Session & Time

Topic Sub Topic Method

Responsible Person

(1) (2) (3) (4) (5) (6)

5b. 8:30 – 10:00

State run timber legality verification in ASEAN Member States

15. Issues related to Timber Legality Assurance in Cambodia (15 min and 5 min discussion)

16. Issues related to Timber Legality Assurance in Laos (15 min and 5 min discussion)

17. Issues related to Timber Legality Assurance in Myanmar (15 min and 5 min discussion)

18. Inputs from other ASEAN member states (Thailand)/other participants =>Tea break (10:00 – 10:15)

Presentation and discussion

Participants

Th

urs

day (

25.1

1.1

0)

6a. 10:15 – 15:30

Options for TLAS development in participating countries

19. Steps towards credible Timber Legality Assurance Systems: group work

=> Lunch (12:00 – 13:30) =>Tea break (15:00 – 15:30)

Group work (5 groups, by country)

Alexander Hinrichs and all resource persons

6b. 15:30 – 16:30

Options for TLAS development in participating countries

20. Steps towards credible Timber Legality Assurance Systems: group presentations and discussions

Presentation by each group and discussion in plenum

Participants

7. 16:30 – 17:30

Wrap-up & Preparation of field day

21. Formulation of recommendations to ASEAN and participating countries 22. Preparation of field trip

Discussion

MARD/ Vietnamese – German Forestry Programme (field trip)

Fri

day (

26.1

1.1

0)

8. 8:30 – 14:00

Implementing timber verification in Vietnam

23. Field trip to timber processing site (Woodlands Company), approx. 30 min away from Hanoi (by bus): Topics:

Supply chain control by private sector

Issues of legality definition

=> Lunch close to industry site. End of training workshop after lunch.

Field trip, discussions MARD/ Vietnamese – German Forestry Programme and Woodlands Company

Page 7: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.1 Introduction

Alexander Hinrichs

Page 8: Sub regional workshop on timber legality assurance systems - 2010

17/01/2011

1

1

Introduction to Programme

Alexander Hinrichs

Consultant to EU FLEGT Asia, Workshop Coordinator

- Subtopic 3 -

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

Organizers & Supporters

Organizers

EU FLEGT Asia Programme (EFI) Hai Ly (FLEGT Advisor for VN)

Anne Anantom, Gao Ya and Tom ter Horst from FLEGT Asia office in Kuala Lumpur

MARD International Cooperation Department Tran Kim Long and Pham Ngoc Mau

ASEAN Secretariat Dian Sukmajaya

Supporters

ASEAN-German Forestry Programme

Vietnamese – German Forestry Programme

Workshop team

Resource persons from Indonesia,

Malaysia, Forest Trends and EFI

Dr. Agus Setyarso

Dr. Freezailah Che' Yeom

Dr. To Xuan Phuc

Mr. Jussi Viitanen and Mr. Thomas Pichet

Observers from EU and Vietnam

Ms. Guiliana Torta (EC)

Mr. Thanh Hoang (EU VN)

Target group

Forestry officials, representatives of the

private sector and Civil Society

Organizations

Persons involved in timber trade and

control/verification tasks

Objectives

Provide an overview of policies related to timber

legality and market based initiatives

Exchange experience on timber legality assurance

between ASEAN MS

Enhance the capacity of the CMLV countries and

Thailand to develop and implement timber legality

assurance systems based on the ASEAN

framework and other initiatives

Discuss options and elaborate initial steps for sub-

regional and/or national level processes in the

Mekong region

Agenda

See programme in folder

Day 1:

Markets and Initiatives

TLAS

ASEAN

TLAS in ASEAN MS

Day 2:

TLAS in ASEAN MS

Group work on national and sub-

regional TLAS options, group

presentations and discussions

Day 3:

Visit of Woodsland (Joint Venture

Company)

Page 9: Sub regional workshop on timber legality assurance systems - 2010

17/01/2011

2

Documentation

Folder eventually contains

Programme

Participants list

Copy of presentations

USB stick

Programme

Participants list

All presentations

Background reading

material

Workshop report

Organizational matters

Breakfast: 7:00

Lunch: 12:00 – 13:30

Dinner Today: 19:00

Other days: free

All organizational matters: Ms. Anne Anantom, Gao

Ya & Hua Que Lam (FLEGT Asia)

Ms. Thu Hang & Diem Lan (MARD ICD)

Ms. Quach Hong Nhung & Le Thi Van Anh (GTZ)

Room for adjustments

Any changes to agenda

or schedule needed?

Page 10: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.2 International Government and

Private Sector Initiatives in Timber Trade

Alexander Hinrichs

Page 11: Sub regional workshop on timber legality assurance systems - 2010

17/01/2011

1

1

International Government and

Private Sector Initiatives in

Timber Trade

Dr. Alexander Hinrichs

Consultant to EU FLEGT Asia, Workshop Coordinator

- Subtopic 4 -

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

Verification of Timber Legality -

Response to the Illegal Logging Problem

► In developing nations, illegal logging alone results in losses of assets and revenue over US$10 billion annually

► Illegal logging contributes to deforestation and degradation Loss of biodiversity, increase in GHG emissions, poverty

► A number of governmental and private sector initiatives were developed during the last years to tackle the problem

► Initiatives have started to change the timber trade and triggered new developments in the field of verification of timber sources and supply chain control

Overall Government Responses► Relevant conventions

United Nations Convention on Biological Diversity

► COP 9 (2008): Strong support for national and international measures against illegal logging and trade in illegal timber

United Nations Framework Convention on Climate Change -> REDD+

Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

► United Nations Forum on Forests process UNFF-7 (2007): Non-Legally Binding Instrument on All Types of Forests

(NLBI) -> defines SFM

Country lead initiatives

► Vietnam in 2011: Enhancing the Legality of the International Timber Trade

► Multi-lateral initiatives FLEG process to create regional commitments to address illegal logging

(East Asia FLEG 2001- Indonesia)

Regional partnerships (Asia Forest Partnership, 2002)

Forest carbon initiatives – REDD+ FLEGT link in development

Trade related Government Responses

►Initiatives by EU

FLEGT Action plan (2003), incl. mechanisms for trade in legally verified forest products entering the EU

►Voluntary Partnership Agreement: FLEGT licensed timber has a “green line” to the EU market

►Core of VPAs is a robust TLAS

EU Timber Regulation (2010)►Requires “due diligence” by operators first placing timber

on the EU market

►Operators need to know the legality of their sources

►FLEGT and CITES timber guaranteed legal

►Criteria for “due diligence” in development

►All timber products included

FLEGT licenses (not yet)

System development

Formal negotiations

Moving to negotiations

Preparation, in-country consensus building

Introduction to VPAs

Congo

C.A.R.

Malaysia

Indonesia

Cameroon

Ghana

Liberia

Gabon DRC

Vietnam

Progress on FLEGT VPAs

6

EU Timber Regulation

will be fully applicable on

3 March 2013

"With this, we are sending a signal to the world that the EU

will no longer serve as a market for illegally harvested

timber."European Environment Commissioner Janez Potocnik

• Private sector (operators/

traders) need to implement their

own due diligence systems

• All timber first placed on the EU

market (all 27 Member States)

• Monitoring institutions will

oversee implementation

• System of criminal penalties and

fines in each country to be

developed

Page 12: Sub regional workshop on timber legality assurance systems - 2010

17/01/2011

2

Trade related Government Responses

►Other trade related initiatives

Bi-lateral MoUs to combat illegal logging and

associated trade

Free trade agreements with provisions on

transparency, customs cooperation, and rules of

origin

Green building codes

Regulations to exclude illegal timber from entering

the national market (e.g. EU Timber regulation, US

Lacey Act)

Public timber procurement policies

US Trade Relevant Legislation

►US Lacey Act (1900, 2008)

Illegal to import, export, transport, sell, receive or possess plants, fish or wildlife taken, possessed, transported, or sold in violation of U.S. state, federal, tribal, or foreign laws

►Importers to ensure that the products they handle are legally sourced

►Lacey offenses are prosecuted in the US (system of penalties and fines)

2 types of offenses►False labeling of timber; trafficking of illegal timber

Declaration requirements for timber exporters

Green Public Procurement Policies

► Promotion of use of legal and sustainable produced timber in public buildings, mainly on central level In line with international commitments and initiatives

►OECD Council Recommendation “to improve the environmental performance of public procurement”, 2001

►Part of FLEGT Action Plan

► EU Member States Policies for timber in place: Belgium, Denmark, France,

Germany, Netherlands, UK

Under development: Spain, Italy, Sweden, Finland

EU Guidance: Buying Green Handbook (2004, DG Trade); EU directives; efforts on harmonisation

Spending of public authorities in EU = 16-18% of GDP

► US, Canada, Japan, Norway, New Zealand, China,…

Private Sector Responses

► Businesses working to eliminate illegal forest products from their supply chains since 1990s Promotion of sustainability initiatives like voluntary forest

certification (FSC, PEFC) and verification of legal timber (VLO/VLC)

Green purchasing policies and sourcing programmes (Code of Conduct) by timber associations and individual companies

Financial sector initiatives (Equator principles)

► Common understanding what constitutes legality and credible legality verification in consumer countries Difference in schemes and systems, but less fundamental

Strong support to trade related measures from all sides

Increase in transparency and governance targeted

Between 1994 and 2009, 8% of the worlds forest were certified

> 350 Million Ha in > 80 countries (2010)

Certification of SFMWhat does all this mean to you?

► Private sector: Your markets are changing! Documenting the origin and legality of your timber

becomes an increasingly important task ►Global demand side measures to exclude non-verified timber in

consumer markets become seemingly effective

►Legality is the entry point to many markets

►Demand for sustainable timber will also increase

► Government: You can help your forest sector by developing robust schemes for control of legal timber flows! Control not anymore an instrument to oversee forest

management and ensure tax & royalty payment, but a tool to maintain/increase market access for the timber industry and to increase sector transparency

Page 13: Sub regional workshop on timber legality assurance systems - 2010

17/01/2011

3

What needs to be done?

► Private sector either implements its own control of supply chains through Voluntary forest certification

Voluntary verification of legality

Voluntary BtB arrangements

► And/or the government provides a robust national TLAS framework and gets it accepted by the market (e.g. via a FLEGT VPA)

► Benefits if the government takes the lead Consensus building and harmonisation

Country wide recognition (branding of country)

Support by EU possible

Clearly linked to ASEAN commitments (SFM)

ASEAN position (1)

► ASEAN Economic Community Blueprint (2007)

Strengthen efforts to combat illegal logging

Develop a regional reference framework on phased-

approach to forest certification by 2015

► ASEAN Working Group on a Pan ASEAN Timber

Certification Initiative (since 2002)

Phased approach already in 2004 discussed, with legality

as entry level

Regional Reference Framework

►ASEAN C&I for timber legality, endorsed by AMAF in 2009

►6 elements of legality for a phased approach to forest certification

(forest enterprise level)

►Draft ASEAN CoC Guideline

ASEAN position (2)

► Need for knowledge exchange and

capacity building

ASEAN Knowledge Network on FLEG

ASEAN Working Group on a Pan ASEAN

Timber Certification Initiative promotes

capacity building on TLAS elements

► Partnered with MARD, EU FLEGT Asia and ReFoP

for this event

► More support to be defined with FLEGT Asia and

others

Presentation Outline ???

Defining Legality

►Responsibility of each country to define

which part of its laws and regulations shall

be considered

►EU proposes a

Pragmatic approach (manageable selection)

►In line with ASEAN framework

Inclusive approach (stakeholder involvement)

Documented approach (clear set of regulations

and responsible agencies)

Controlling Legality

►Robust Timber Legality Assurance System to ensure the market that the timber traded comes from a verified legal source

Elements of a credible TLAS►Legality definition

►Verifiable control of the production/supply chain (traceability system similar to Chain of Custody, including imports)

►Sufficient capacity and appropriate tools to safeguard verification

►Independent monitoring of the entire system by a third-party

►For market access: licensing authority

Page 14: Sub regional workshop on timber legality assurance systems - 2010

17/01/2011

4

Thank you for

your time

Contact:

[email protected]

Page 15: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.3 Changing markets:

The emerging trade in legal, sustainable timber and

implications for Mekong countries

To Xuan Phuc

Page 16: Sub regional workshop on timber legality assurance systems - 2010

1

1

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

Changing markets: the emerging

trade in legal, sustainable timber and

implications for Mekong countries

Subtopic 4

To Xuan Phuc

Forest Trends, Vietnam

2

Outline

• Timber markets and associated trade in the Mekong

• Emerging trade in legal and sustainable timber in EU and US

• Drivers of certified wood products

•Implications for Mekong countries

3

Vietnamese wood industry: an overview

• 2500 companies, 229 companies with CoC

• Export oriented, $2.8 billion US export revenue

• 80% raw material imported, 4.5 million m3 RWE.

• Volume of FSC wood imported unknown

• Only 5 companies with FM-CoC, 15,720 ha certified

• Timber import: • Top 4 countries of log import to Vietnam: Malaysia, Myanmar, Laos, USA

• Top 5 countries of sawn wood import to Vietnam: NZ, USA, Brazil, Cambodia, Laos

4

Vietnam timber product import from Laos

0.00

0.05

0.10

0.15

0.20

0.25

0.30

0.35

0.40

2000 2001 2002 2003 2004 2005 2006 2007 2008

Vo

lum

e (m

illio

n m

3 R

WE)

Sawn wood Logs

5

Vietnam timber product import from Cambodia

0

50

100

150

200

250

2000 2001 2002 2003 2004 2005 2006 2007 2008

Vo

lum

e (T

ho

usa

nd

m3

RW

E)

Sawn wood Logs Other wood

6

0

20

40

60

80

100

120

140

2000 2001 2002 2003 2004 2005 2006 2007 2008

Vo

lum

e (

tho

usa

nd

m3

RW

E)

Logs Sawnwood Other Wood

Vietnam timber product import from Myanmar

Page 17: Sub regional workshop on timber legality assurance systems - 2010

2

7

Laos timber product export

0.0

0.2

0.4

0.6

0.8

1.0

1.2

2000 2001 2002 2003 2004 2005 2006 2007

Vo

lum

e (m

illio

n m

3 R

WE)

Thailand Vietnam China Japan Taiwan European Union Others

8

Cambodia timber product export

0

50

100

150

200

250

300

350

400

2000 2001 2002 2003 2004 2005 2006 2007 2008

Vol

ume

(tho

usan

d m

3 RW

E)

Vietnam China Thailand Taiwan

Japan Malaysia European Union Others

9

Myanmar timber product export

0.0

0.5

1.0

1.5

2.0

2.5

3.0

3.5

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

Estim

ated

RW

E Vo

lum

e

(mill

ion

cubi

c m

eter

s)

India China Thailand

Vietnam Bangladesh South Korea

European Union Others

10

Source: UNECE, FAO 2010

TRENDS IN CERTIFIED WOOD

11

TREND IN FSC CERTIFIED WOOD

Source: FSC 2010

12

- CoC certification: sharp increase between Jan 2009 - May 2010 (88%)- Trade interest in certification- Certification to demostrate high environmental performance

Source: UNECE, FAO 2010

GROWTH OF CoC 2004-2010

Page 18: Sub regional workshop on timber legality assurance systems - 2010

3

13

Source: FSC 2010

GROWTH OF FM & FM/CoC since 2008

14

Source: FSC 2010

GROWTH OF CoC since 2008

15

Demand drivers of certified wood products

Illegal logging legislation EU Timber Regulation 2010 Lacey Act (2008) System in place to verify compliance of origin and

legality

Paper, publishing, printing and packaging Large publishing houses committed to increased use of

responsible paper sources At least 1/3 of 3,600 FSC CoC certificates issued in the

US by May 2010 were printing + publishing companies

16

Demand drivers of certified wood products

Green building The development of certified wood markets in

construction is driven by green building programs for the use of certified wood

Green Globes (US, Canada), BREEAM (UK), CASBEE (Japan), etc. all recognize multiple forest certification standards (FSC, PEFC)

Green public procurements By May 2010 at least 12 national governments had

operational green procurement policies (8 in EU; China, Japan, Mexico, NZ)

Significant developments at local levels re. adoption of green procurement policies

17

Countries Minimum requirements

Schemes accepted

Denmark Legal required, prefer sustainable

FSC, PEFC, MTCS

Belgium Sustainable FSC, PEFC

France Legal, sustainable Any certification, FLEGT-licensed as legality

Germany Sustainable sources FSC, PEFC

Netherlands Legal required, prefer sustainable

FSC, PEFC

UK Legal, sustainable, FLEGT-licensed

FSC, PEFC, FLEGT-licensed.

Others (Au. Switz, NZ) Legal is minimum, FSC, PEFC, etc.

PUBLIC PROCUREMENT POLICIES: EU

18

DEMAND FOR CERTIFIED WOOD PRODUCTS IN US

• FSC wood is most desirable in the certified wood by retailers and building projects ($ 30 billion US/2010)

•US Green Building Council: Green building is booming in the US. By 2013 green building is expected to represent 25% of all commercial and institutional building starts and 20% of residential construction, up from 2% in 2005.

• Corporate social responsibility issues are becoming a core component of corporate brands.

Page 19: Sub regional workshop on timber legality assurance systems - 2010

4

19

PRIVATE SECTOR POLICIES

• Retailers introduce responsible purchasing policies (B&Q, IKEA, Walmart, Home Depot, Castorama, Carrefour, and ScanCom): ‘stepwise approach’ to gradually eliminate unwanted timber and increase the proportion of certified timber.

• The minimum entry level: timber is from a known legal source

• The ultimate goal: to move to certified timber and timber products.

• Many companies have a specific requirement of 100% FSC certified for garden furniture.

20

Certified forest area (ha) as of November 2010

Company with CoC as of November 2010

Vietnam: 5 (15,720 ha)

Thailand: 25 (8,871 ha)

Laos: 1 (81,618 ha)

Cambodia, Myanmar: 0

Vietnam: 229

Thailand: 43

Laos: 1

Cambodia: 1

Implications for Mekong: FSC FM/ CoC

Mekong Region

21

0.0

0.5

1.0

1.5

2.0

2.5

3.0

3.5

2000 2001 2002 2003 2004 2005 2006 2007 2008

US$

Bill

ion

United States European Union Japan China

Taiwan South Korea Australia Others

Vulnerability to export industry?Vietnam Forest Product Exports (US$ billion)

80%

22

Vulnerability to export industry?

VIETNAM

CAMBODIA

LAOS

MYANMAR

EU

USA

- Green public

procurement

- Illegal logging

legislation

(Lacey Act,

DDR)

- Responsible

purchasing

policies

Certified wood

23

Vulnerability• Can you show due diligence systems in place – showing your

due diligence?

• no longer a question of high vs. low risk, legal vs. illegal wood, it is a question of documented vs. un-documented

• How much of your wood product is certified or verified legal, and to which standards?

• What standards do these buyers want? Legality or sustainability?

• Proof of legality is useful, but not enough as proof of sustainability (ie certification) is required by customers

• What is the likelihood your product will be targeted for prosecution?

24

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

Thank you for your time

[email protected]

www.forest-trends.org

Page 20: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.4 Key elements of credible

Timber Legality Assurance Systems (TLAS)

European Forest Institute

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1

1

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

Key elements of credible Timber

Legality Assurance Systems

(TLAS)

Jussi Viitanen & Thomas Pichet

European Forest institute

1. Legality Definition

2. Control of the supply chain

3. Verification (supply chain and Legality Definition)

4. Independent monitoring of the entire system

Timber Legality Assurance Systems elements:

1. Legality Definition

• Based on existing regulations/legislation

• Makes clear and visible what is legal timber

• Identifies what will be routinely verified to demonstrate timber is legal

• Ability to focus attention where current legislative enforcement challenges exist

• Based on a consultative process including stakeholderpreparation of LD dialogue to define priorities.

What is a legality definition?

Balanced Definition Based on Principles of Sustainability

SOCIAL

ENVIRONMENT

ECONOMIC

Environmental

Requirements

Forest Management

requirements

Worker health, safety,

and labor,

requirements;

Customary and access

right requirements

Trade and Export

Taxes, registration, fee

requirements

General expectations of Legality Definitions

A definition of legality should cover laws relating to:

Rights to harvest : Harvesting timber within legally defined boundaries by the legal holder of rights to harvest.

Forest operations/processing: Compliance with laws regarding forest management/processing including relevant legislation covering environment, labor and community welfare.

Fees and taxes: Compliance with laws concerning taxes, importation, royalties and fees directly related to timber harvesting and harvest rights.

Other users: Respect for other parties’ legal tenure or use rights to land and other resources that may be affected by timber harvest rights.

Trade and customs: Compliance with legal requirements for trade and customs procedures.

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2

http://ec.europa.eu/development/policies/9interventionareas/environment/forest/flegt_en.cfm

Verifier(s)

Principle

Type

of

title

Legislative

reference

Indicator

Criteria

Example of Legality Definition Legality Definition Development

National consultation process consisting of multiple stakeholders and interests

• Promotes a multi stakeholder debate and analysis resulting in a more realistic and operational Definition

• Process helps identify gaps and inconsistencies that may exist in legislation could lead to a reform process

• Should integrate stakeholders affected by forestry legislation and operations

• Multi stakeholder process brings more credibility in the markets

VPA stakeholder processes to date have involved the following groups in stakeholder dialogues:

• Community members/indigenous peoples involved in or located near logging operations

• Communities/indigenous peoples dependent upon forest resources for their livelihoods

• Workers that provide labour for timber, timber transport, timber processing companies

• Private sector forest users and others within the timber supply chain

• Government agencies both at the central and local levels

• Political representatives (traditional authorities, parliamentarians, local/regional Representatives)

• Civil society organizations and other NGOs

• University representatives or researchers

FLEGT VPA experiences - Who are Stakeholders? Ghana VPA: Where did stakeholders agree?

• ‘Legality’ was a step towards sustainability

• A shared understanding of ‘legality’ was essential

• Regulation of the forest sector needed strengthening

• There needed to be a greater contribution of commercial logging to Ghana’s socio-economic development

Ghana VPA: Where did they disagree?

• Minor disagreements throughout the process to define

‘legal’ timber. Mainly linked to what titles could be

included for commercial use

• The Government wanted to replace their paper-based

timber-tracking system with an electronic one. The

private sector thought this was unnecessary

Ghana’s initial roadmap, January 2007

Taken from presentation by Chris Beeko,

of the Ghana Forestry Commission,

Chatham House, January 2007

Step 1Formalisation

Of Negotiations

Dec. 2006

Step 3Legality Defined

April, 2007

Step 4Verification System

Designed

May. 2007

Step 5Impact Studies

Conducted

June 2007

Step 6Negotiations

Concluded

Dec. 2007

Step 21st Preparatory

Meeting on N. E.

Feb. 2007

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STAKEHOLDER CONSULTATION

Legality Definition

Verification System

Impact Studies

Key Lessons 1/3

Each country must manage this process in a way that fits

its own context

0 6 12 18

VPA processes in Ghana and Cameroon (Time in months)

Pre-

negotiation

Key Lessons 2/3

Public Information (Annex in VPA agreement)

• Active transparency enhances credibility and confidence

in the sector

• Opportunity for VPA countries to make visible important

information wanted by markets/stakeholders

• Mechanism to advertise what forest sector information is

available and how to access it.

Key Lessons 3/3

• Each stakeholder group must recognise a clear agenda

that can be served by entering into negotiations in order

to sustain their interest in and commitment to the

process

• As well as negotiations with the EU, there is an internal negotiation process in-country that needs to be carefully managed

• “Contribution of various actors in the process [should be] recognised and taken on board, discussed and clearly seen to inform outcomes”

(Government of Ghana rep., Chatham House, January 2009)

2. Control of the supply chain

The supply chain control system routinely ensures the

integrity of timber product flows from the stump or the point of

import to the point of export using traceability technologies,

preventing unverified timber products from entering the supply

chain.

Principles of a supply chain control system 1/2

• for timber producing countries: mapping of the forest resource (back to stump traceability)

• for processing and transit countries: documented imported timber. Origin of each log/bundle of timber products identified

• Border controls including physical and documentary verifications

• Verification at different steps of the supply (including verification of transport and change of ownership)

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4

Principles of a supply chain control system 2/2

• Prevent mixing with unverified timber

• Collect and reconciliation of information at different steps of the supply chain through an information system

• Monitoring of recovery rates at mill sites (input/output)

• Unique timber product marking and numbering systems

• Accessible to a third-party monitoring body

Forest Transport Processing Port

Control ControlControl Control

1 2 3 4

Supply Chain Control System

Description of supply chain control systems

Border post

Forest

Supply Chain Control System

StatisticsTraceability Invoicing

Revenue

collection timber products

verificationtimber industry

planning

Applications of supply chain control system

3. Verification

(supply chain and Legality Definition)

The verification system ensures the enforcement of the

supply chain control system and the compliance of operators

with each element of the Legality Definition

Verification at different steps of the chain is based on

documented procedures and involved different

people/administrations for cross-checking

Organisation: Carried out by one or several organisations which have adequate resources, management systems and skilled and trained personnel

Verification of legality: There is a clear scope setting out what has to be verified in the forest and at processing units. Documented verification methodology including both documentary and field verifications.

Timber Legality Assurance System Verification 1/2

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5

Verification of systems to control the supply chain: There is a clear scope setting out what has to be verified (where?, when?, how?) covering the entire supply chain from harvesting or import to export for both timber products and documented methodology.

Non-compliance: There is an effective and functioning mechanism based on the national law enforcement systems for requiring and enforcing appropriate corrective actions where non-compliances are identified.

Endorsement of voluntary certification schemes: Certification standards must be compliant with TLAS standards. Complementary verification measures must be envisaged in case the scope of certification schemes does not entirely covers TLAS.

Timber Legality Assurance System Verification 2/2

TLAS verification functions can be organized through

different configurations, involving government agencies and

the private sector

Applicability

• Well-resourced government inspection services and other monitoring

in place

• The private sector has not largely invested in certified control systems

Key implications

• Capacity building needs for developing and implementing verification

procedures and training of verification staff

• National timber tracking system to be established for controlling and

verifying the timber supply chain

• Might imply external support to design, set up and operate the TLAS

for the first years

• Government agencies would have direct control over the forest sectors

Option 1: Verification by governmentApplicability

• Government agencies face resources mobilisation challenges

• The private sector operators have third-party certified control systems

Key implications

• The reliability of operators’ control systems and/or certification schemes

to be assessed and ensured

• Forest management, control of environmental and social impacts, timber

processing, etc.

• Supply chain control system management

• Less verification-related work load and costs for government agencies

• Government to rely on audits by the private certifiers

• All operators must be certified

Option 2: Verification by private sector

verification system:

The example of Cameroon

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6

• Legal compliance introduced for operators (mills) to source timber from

approved sources

• timber must provide evidence of legal compliance in 3rd party countries

• Gvt of Cameroon will assess different private sector certification

schemes to ensure they provide required assurance of legality

• FLEGT licensed timber from neighbouring countries recognized as

compliant

• Traceability system will track imports from the border with unique codes

and timber in transit (supported by customs procedures) to ensure no

mixing on Cameroon territory

• Will reinforce regional integration and regional law enforcement

VPA Cameroon – Dealing with imports

1. Verification of

compliance with

forest management,

tax and processing

regulations

2. Verification of

chain of custody

compliance

Emission of FLEGT

licenses

Independent audit

system

FLEGT

License

Logging

Transport

Processing

Export

Central database

Inventory

Control systemChain of custody

Legality assurance system (LAS) – applies to all timber exported and traded

Verification and monitoring control

Enforcement of

the national forest

control strategy

Legality

certificate

verification system:

The example of Indonesian

verification in Indonesia is based on 2 components

Legality of forest sector operators

timber companies must receive an annual legality certificates to

operate (provided by accredited private third-party verification bodies).

Legality of timber flows

timber flows and payment of associated taxes are routinely verified at

all steps of the supply chain, from the forest to the point of export

through transport, processing and change of ownership.

Timber products can be exported if both components are compliant

LOGS LANDING

FOREST LOGYARD/LOGPOND

TRANSIT LOGYARD/ LOGPOND

PORT

FELLING

COMPARTMENT

LOGS LANDING

supply chain from natural forests

TIMBER

INDUSTRY

FELLING

COMPARTMENT

FELLING SITE LOG-LANDING LOG-YARD TRANSIT LOG-POND MILL-YARD

STA

RT

Indonesia supply chain verification structure

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7

Felling

compartmentLog Landing

Forest Log yard Transit Log yard log yard/log pond

primery industry

Online System interface

Indonesia timber tagging system

Lessons learnt

• The online tracking system is not easy to implement across the country.

Important resources need to be mobilized to adjust to complex supply

chains, train and equip government agencies and companies staff

• Positive impacts of the online system include improved revenue

collection, near real time control of supply chains, better access to

information

• Online system contributes to improve the reputation of Indonesian timber

on the EU market

4. Independent Monitoring

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Third-party organization appointed by Governments

• monitor the implementation of the Timber Legality Assurance

System, identify possible system weaknesses, suggest

improvements

• Report the monitoring results to the Ministry in charge of forest

• Make available to the general public a report on its findings

A third-party monitoring organisation is

• A non-political, national or international conformity assessment body that monitors full implementation of the Timber Legality Assurance System according to specific terms of references.

Independent Monitoring 1/2

THE THIRD-PARTY MONITOR assesses

• harvesting operations, processing of timber, transport of timber and

timber products and export activities

• Verification activities carried out by the government agencies and/or

through certified control systems of the private sector

Clear independence from organisations and individuals involved in management or regulation of the forest resource and the forest industry

Transparent mechanism for appointment of the Third Party Monitor

Opportunity for civil society involvement

Independent Monitoring 2/2

• Independent Monitoring under the responsibility of NGOs:

• ensuring legal compliance of private third-party verification bodies

issuing legality certificates to timber companies.

• ensuring that the regulation is adequately supporting SFM

• Periodic Evaluations take place about once a year. Independent

assessment of the VPA involving both the Government of Indonesia and the

EU

2 types of Independent Monitoring for Indonesia VPA

Thank You

For more information, contact

jussi.viitanen@ efi.int [email protected]

or

visit the EFI website

www.euflegt.efi.int

Page 29: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.5 ASEAN trade measures and

the regional reference framework on timber legality

and Chain of Custody

Dian Sukmajaya

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1

1

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

ASEAN trade measures and the regional reference

framework on timber legality and Chain of Custody –

An Update

Subtopic No. 9

Dian Sukmajaya

ASEAN Secretariat

Outline Introduction

Regional Policy Framework

Enhancing intra- and extra- ASEAN Trade and competitiveness of forestry products / commodities

Promoting cooperation, joint approaches and technology transfer among ASEAN Members and international, regional organizations and private sector

Next Steps and Way Forward

Introduction

ASEAN countries are heading to community building process in all sectors

Illegal logging and its associated trade has serious social, economic and ecological consequences. Also, risk loss of reputation and competitiveness in export markets.

Growing demand by companies and consumers worldwide for guarantees that timber has been legally harvested.

ASEAN Community 2015

E

C

O

N

O

M

I

C

I

A

I

W

O

R

K

P

L

A

N

2

P

O

L

I

T

I

C

A

L

S

E

C

U

R

I

T

Y

ASEAN Community Building

S

O

C

I

O

C

U

L

T

U

R

A

L

ASEAN Cooperation in Forestry: Brief View

Regional Policy Framework Vientiane Action Programme (2004-2010)

“… to eradicate unsustainable forest management practices by 2010 ...”

Realisation of ASEAN Community by 2015“…Ensuring regional competitiveness and full integration into the

global community while minimizing social impacts…”

Blueprint“Enhance competitiveness of ASEAN’s Forest Products….” (AEC Blueprint)

“Promote Cooperation, joint approaches…..” (AEC Blueprint)“….Enhance Market Access…..” (AEC Blueprint)“Promoting Sustainable Forest Management” (ASCC Blueprint)

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Enhancing intra- and extra- ASEAN Trade and competitiveness of forestry products / commodities

Develop a regional reference framework on phased approaches to forest certification by 2015

1. ASEAN guidelines on Phased Approach to forest Certification (adopted in 2009)

2. ASEAN Criteria and Indicators for Legality of Timber (adopted in 2009)

3. ASEAN Guidelines for Chain-of-Custody for legal timber (adopted in 2010)

4. ASEAN Guidelines for Chain-of-Custody for sustainable timber (adopted in 2010)

Country-specific Verifiers for legal timber

Regional Criteria and Indicators for Legality

of Timber

Guidelines on Phased Approach to forest

Certification

Regional Framework on Forest Certification

Guidelines for Chain-of-Custody for legal

and sustainable timber

National standards (and guidelines) for forest

certification

National standards for Chain-of-Custody for

legal and sustainable timber

Field testing, implementation

Promoting cooperation, joint approaches and technology transfer among ASEAN Members and international, regional organizations and private sector

2. Strengthen efforts to combat illegal logging and its associated trade

ASEAN Ministerial Statement on strengthening FLEG (adopted and issued on 1 November 2007)

Work Plan on Strengthening FLEG in ASEAN 2009-2015 (adopted on 23 October 2008)

ASEAN C and I on Legality of Timber6 Criteria, 15 Indicators:

The Forest Management Enterprise holds the legal right to operate and to harvest timber at the designated forest area.

The Forest Management Enterprise holds approved authorization for its harvesting operations, based on an approved cut

The Forest Management Enterprise fulfils CITES compliance and the requirements of relevant environmental laws and regulations.

The Forest Management Enterprise fulfils the requirements of relevant social laws and regulations.

The Forest Management Enterprise has paid all statutory charges directly related to timber harvesting and timber trade.

The Forest Management Enterprise implements a traceability system that allows for the tracking of all logs from the forest gate to the relevant harvesting sites.

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Next Steps

At national level, to define and finalise country-specific verifiers for legal timber (2010-2011)

At national level, to further develop national standard for legal timber into a national standard for forest certification by incorporating additional Criteria, Indicators and Verifiers, using the ASEAN Criteria and Indicators for Sustainable Management of Tropical Forest as a guide (2012-2014)

At national level, to finalise national standard for Chain-of-Custody for Legal Timber (2010)

At national level, to finalise national standard for chain-of-custody for sustainable timber (2010)

The Way Forwards

ASEAN welcomes partnership with stakeholders/partners to support capacity building in this area with the ultimate objective of FLEG

Enhance sharing experience and knowledge to narrowing development gap among AMS

Continue Policy Dialogue to support national policy making and implementation

Thank You!

The ASEAN Secretariat

70A, Jl. Sisingamangaraja, Jakarta 12110

http://www.asean.org/

http://mar.aseanforest-chm.org/

ASEAN CoC Guidelines on Sustainable Timber and Legal Timber

FLEG Dialogue in ASEAN The Ministerial Statement on Strengthening FLEG in

ASEAN

ASEAN Declaration on Environmental Sustainability

Singapore Declaration on Climate Change, Energy and the Environment

11th ASOF Meeting agreed to the Workplan in Strengthening FLEG in ASEAN

Page 33: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.6 The Indonesian Timber

Legality Assurance System and related experience from VPA

negotiations

Agus Setyarso

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1

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

The Indonesian Timber Legality

Assurance System and related

experience from VPA negotiations

Subtopic No. 11

Agus Setyarso

Indonesia Ecolabeling Institute

[email protected]

Outline of the Presentation

1. Stakeholder Consultation Processes for Indonesian Legality Definition

2. The construct of Legality Standard

3. Governing Timber Legality Verification System (SVLK)

4. SVLK in the VPA negotiation

5. Impacts to Forest Based SMEs

6. Lessons learned

Stakeholder Consultation Processes for Indonesian Legality Definition

• Issue on wood legality verification was brought out during the preparation of a collaborative program between The governments of Indonesia and United Kingdom in 2002, which was a response to the Bali Ministerial Meeting on FLEG in 2001.

• It was argued that the existing mechanism –which is heavily relied on document issued by the Forest Authority (SKSHH) – did not effectively serve the purpose as legal proof.

• Decided to go for the standard-setting by stakeholder consultation process – facilitated byMoU Team

• Indonesia-UK MoU team (2003) worked along two parallel tracks: identification of relevant laws and regulations (formal and traditional), and identification of main concerns in wood legality. The main findings of this work are:– Strong discrepancies between national, provincial and

regional legislation exist.– Two varieties of stakeholders are identified: primary

stakeholders (i.e. government bodies, concessionaires and local communities) and secondary stakeholders (e.g. international agencies, non-governmental and civil-society organizations and academics).

– stakeholder consultations at district, provincial and national level revealed different views on and confusion over wood legality among government bodies, industries, civil society and local communities

“Timber is legal when the validity of its origin, logging permit, logging system and procedures, administration and transport documentation, processing, and trade or transfer are verified as meeting all applicable legal requirements”

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The construct of Legality Standard

• The Academic Draft of timber legality standard was prepared by an expert team under facilitation of TNC (2003-2004).

• In 2005 LEI took over the facilitation of stakeholder consultation processes in the finalisation of the timber legality standard.

• LEI established a small team represented by major stakeholders in complying this mission. Multistakeholder dialogue was conducted till 2007, when the standards were haded over to the Ministry of Forestry

Structure of the standards1. A1. Standard Of Timber Legality Verification For Timber Sourced From

Management Units – Based State Forests Managed By National Privately-Owned Companies, And State/Regional-Owned Companies

2. A2. Legality Standard for Timber Sourced from Community-managed Stated Forests (CBFM)

3. B. Legality Standard for Timber Sourced from Non Management-unit Based operating on State Forests

4. C. Legality Standard for Private Forests and Non-forest Areas

5. D. Standard for Legal Timber Tracking in Log Transportation, Manufacturing, and Transportation of Manufactured Products

Every standard is hierarchically structured into principles (P), criteria (K), indicators (I) and means of verification or verifiers (V) in different composition

Governing the Standards:Timber Legality Assurance System

Components

• National Accreditation Authority

• Certification/verification Body

• Timber Legality Auditor

• Forest Business unit

• Independent Monitoring Agent

Roles of parties1. KAN or National Accreditation Committee (PP 102/2000 on

the National Standardization, Keppres 78/2001 on the

establishment of KAN; Character: Independent, based on

ISO 17011-General Requirements for Accreditation Body;

Recognition: (Pacific Accreditation Cooperation-PAC,

International Accreditation Forum (IAF), Asia Pacific

Laboratory Accreditation Cooperation (APLAC), International

Laboratory Accreditation Cooperation (ILAC)

2. Assessment bodies/verification bodies: Accredited by KAN

under ISO/IEC 17021 and ISO Guide 65; having sufficient

auditor; audit based on the principle, criteria & indicator as

regulated by P.38; issue certificates (SFM/Legality)

3. Independent monitoring: carried out by civil societies; file

complaint directly to the assessment/verification bodies, who

will have to settle the complaint in 20 days.

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National Accreditation Committe (KAN)

Independent certification Bodies (LP&VI)

Complaint

Corrective Action

Request

Standards

FOREST BUSINESS UNITS

Forest/timber

certificates

Reports

Scheme for timber legality verification

Independent Monitoring (CSO)

IFM training, East kalimantan, 2010

Possible structure of IFM organisation

1. Code of conduct2. IFM procedure on System Design for

TLAS3. IFM procedure on TLAS procedure4. IFM procedure on TLAS field

implementation5. Working standard on IFM reporting6. Standard protocol on the use of IFM

information7. IFM procedure on IFM follow ups

IFM Working Standard

TLAS - VPA

Five Components of a VPA:

1.Legality Definition

2.Control of the Supply Chain

3.Verification System

4.FLEGT Licensing

5.Independent Monitoring

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Current status of VPA components1. Definition of Timber Legality OK. Summarize P.38 and

related regulations

2. Control of Supply Chain OK. Summarize the regulations on Timber Administration (P.55 and P.51)

3. Verification System OK. Accredited assessment/ verification bodies by KAN

4. Licensing System Ideally OK, until the regulation(s) on the conduct of the issuance of certificate are issued/ finalized

5. Independent Monitoring System IM Indonesia OK. Periodic Evaluation (PE) to replace IM as expected by EU is agreeable as a joint effort to monitor and review the implementation of the VPA.

VPA negotiation path

• First negotiation (SOM Level), Jakarta, March 2007 common understanding VPA as as an instrument to promote forest law enforcement and SFM, “Legality” based on the rules and regulations in producer country, establishment of working groups on standard & system and capacity building, reciprocity.

• Second negotiation, Brussels, June 2007discusses Indonesian efforts to finalize the TLAS, legislative measures to prevent the entrance of illegally harvested timber to EU markets and circumvention, explores product coverage, incentive.

VPA-technical level discussion

• TWG-1 (Jakarta, April 2008) discusses: Indo-TLAS concepts, capacity building, Study of Trade Impact of VPA to Indonesia, legislation options in EU, VPA in other countries.

• TWG-2 (Jakarta, Dec 2009) discusses: template text VPA, 5-components of TLAS and compatibility of the Indo TLAS and the EU VPA.

• TWG-3 (Jakarta, 1-2 March 2010): JEM to help review SVLK (IM, Licensing Sch, V&E R, Control of Supply Ch, SFM & LV Standards). INA to further study VPA Legal Text.

• TWG-4 (Brussels, 20-21 June 2010): Observes high-compatibility of the Indo-TLAS with the VPA, discusses most articles of the draft VPA, assigns JEM to help prepare the draft VPA annexes, fixs schedule to conclude the negotiation by end of 2010.

• In support of the technical discussion, Joint EU-Indonesia Experts Meeting (JEM) was held.

• 1st Joint Experts Meeting-JEM (September 2009) observes gap between Indo-TLAS and the VPA and the need to provide clarity and additional guidelines to ensure the compatibility of Indo-TLAS and VPA in terms of legality definition, chain of custody control, verification, FLEGT Licence and independent monitoring.

• 2nd JEM (January 2010) explores proposals to narrow the gap between Indo-TLAS and the VPA.

• 3rd JEM (6-11 May 2010) Proposes “PE” in lieu of “IM”, clarifies “SFM” vs “legality” standards & VER, discusses the proposed “Licensing Scheme”

• 4th JEM (12-19 Aug 2010) Prepares (1) Summary of the Control of Supply Chain, and (2) TOR for Periodic Evaluation, as parts of VPA annexes.

• 5th JEM (28 Oct-3 Nov 2010) Finalizes Summary of the Control of Supply Chain & TOR for Periodic Evaluation. Prepares draft (1) Licencing Scheme, and (2) Legality Defiinition.

Impacts to Forest

Based SMes

Private/community forests: Java Island

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Timber standing stock at private/ community forests at Java Island

Economic performance of FB-SMEs

• Export earning of more than USD 2.5 Billion/yr – 25% of timber product export earning

• Mostly represented by furniture and wood working industry – more than 20,000 units at Java only

• Involving more than 250,000 workers

• Creating more than 100,000 small business units on backward and forward linkages along supply chain

Impacts of certification to SMEs and VPA

• Less control in supply chain – more vulnerable to certificates demanded by buyers

• Less capacity in preparing requirements for certification/legal verification

• Having less financial resources in conducting training and securing forest/timber certificates

• Less access to get involved in the process of negotiation of VPA

• Current products are not in the product coverage of VPA but soon they will be – more risks in the future

The Needs for Capacity Building Types of capacity building• Socialization – awareness

• Trainings for trainers

• Trainings for auditors of timber legality

• Trainings for internal auditors for forest business units

• Trainings for Independent monitoring agents

• Institutional capacity building for IFM

• Coaching for Forest Based SMEs

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Lessons learned Related with TLAS

• Full participatory approach took more time to complete, but effectively improve quality of the TLAS, and practice of its governance

• Problematical regulations identified – lead to the decision to cancel or replace or amend them

• Needs for incentives converged to rational demand

Related with VPA

• Participatory approach in preparing TLAS made negotiation more effective

• The structure of the negotiation: Policy decision level – SOM - TWG – JEM turned out as the most rational and effective structure

• Negotiation may be made as fair when mechanism to address concerns on both sides is clearly outlined

• International incentives have yet to find strong ground

Related with capacity building

• Capacity building was identified and designed more comprehensively

• Program/working load on capacity building becomes enormous, but necessary

• Capacity building on SMEs and IFM will simultaneously bring enhancement of forestry govenance

Thank you

Page 40: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.7 The Malaysian Timber Legality Assurance System and Related

Experience From VPA Negotiations

B.C.Y Freezailah

Page 41: Sub regional workshop on timber legality assurance systems - 2010

1

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

THE MALAYSIAN TIMBER LEGALITY

ASSURANCE SYSTEM AND RELATED

EXPERIENCE FROM VPA NEGOTIATIONS

Subtopic No. 12

B.C.Y Freezailah

1

SCOPE Forestry in Malaysia

Illegal logging

Emerging market requirements

Timber legality & Sustainability

Importance of FLEGT VPA

Voluntary Partnership Agreement (VPA)

VPA FLEGT Process

Further work

Verification of Legal Timber under VPA & Certification of Sustainable Timber

Conclusions

2 3

MALAYSIA IN BRIEF

Land area – 32.95 million ha

Multiethnic population of about 24.8 million

Federation of 13 States & 3 Federal Territories

Forestry – State responsibility

Coordination by NLC

4

Source: Forestry Departments of Peninsular Malaysia, Sabah & Sarawak

Ministry of Natural Resources and Environment

1.53

National Parks/Wildlife

& Bird Sanctuaries

(8.3%)

Permanent Reserved

Forests

(73.2%)

State land/

Alienated Land

(18.5%)

Production

(SFM)

Totally

ProtectedTotally ProtectedProduction

(Conversion)

TOTAL FOREST AREA

18.35

(55.7%)

13.433.39

1.533.39 2.6210.81

FOREST LAND USE IN MALAYSIA 2006 (million ha)

5

SOCIAL CONTRIBUTION

A major sector in Malaysia’s economic growth, revenue earning and employment

Total exports USD 6.28 billion (2009)

Accounts for 3.9% of GDP

Empoyment about 337,000 workers

6

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2

HISTORY OF FOREST MANAGEMENT IN MALAYSIA

First Forest Officer appointed in 1901

Matang mangroves managed since 1904

Bukit Nanas Forest Reserve gazetted in 1906

Forest Ordinance enacted in 1907

7

Others

2,170

(11%)

Mouldings

686

(4%) Logs

2,021

(10%)

Sawntimber

2,345

(12%)

Fibreboard

1,033

(5%)

Plywood

4,987

(26%)

Furniture

6,248

(32%)

Source : MTIBTOTAL : RM 19.49 Billion

USD 6.28 Billion

EXPORT OF TIMBER PRODUCTS – 2009(RM Million)

8

EXPORT BY DESTINATION – 2009(RM Million)

Others

4,553

24%

China

667

3%

Singapore

721

4%

Australia

801

4%

Taiwan

838

4%

South Korea

1,141

6%

India

1,336

7%

USA

2,393

12%

EU

2,706

14%

UAE

599

3%

Japan

3,736

19%

Source : DOS & MTIB

9

Source : MTIB

TOTAL : RM 2.7 Billion

USD 871 Million

10

Major Timber Products Exported to EU-2009 ( in RM Million)

10

Global concern - loss of assets and revenue, environmental impact, biodiversity loss

Illegal logging estimated at $23 billion annually (8-10% of global total)

Recent study by WWF of illegal timber in EU market (July 2008)

16-19% illegal largest quantity from Russia Top exporters of illegal wood into the EU;

oRussia (10.4); Indonesia (4.2);China (3.7); Brazil (2.8); Belarus (1.5); Ukraine(1.5);Bosnia H (1.2); Cameroon (0.645); Gabon (0.590) million m³ of RWE.

Malaysia 0.28 million m³ of RWE. About 1.4 %

Negative perceptions about Malaysia

ILLEGAL LOGGING

11

EMERGING MARKET REQUIREMENTS

Green consumerism

Increasing demand for timber and timber products from a sustainable or legal source

Efforts directed to combat illegal logging and its associated trade

Markets and public procurement policies in many developed countries now demand legal timber assured through due diligence or credible verification system (TLAS)

EU Timber Regulation / VPA

US Lacey Act

Public Procurement Policies on Timber Products of other countries

12

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3

Sustainable timber product of SFM (social, environmental & economic factors)

Sustainable timber assured through certification schemes, e.g., PEFC, FSC, LEI, MTCS etc.

SFM / certification long-term goal

Legal timber milestone on journey to attain SFM / sustainable timber

Legal timber embraces relevant legislation dealing with social, environmental & economic aspects with lesser number of criteria and indicators

Verification of legal timber through TLAS

TIMBER LEGALITY & SUSTAINABILITY

13

Sustainability & Legality Of Malaysian Timber

• Logs harvested from 3 land categories:

Permanent Reserved Forests (PRF)

State Land (SL)

Alienated Land (AL)

• PRF under SFM

1/3 certified mainly under MTCS and logs are legal & sustainable

logs from uncertified PRF are legal

• SL & AL not under SFM but logs harvested are legal

• 80% of Malaysia’s total log production are harvested from uncertified PRF, SL & AL

• Need for TLAS to assure legality of logs harvested from SL / AL and uncertified PRF

• VPA recognises timber from uncertified PRF, SL and AL as legal license under FLEGT VPA

FLEGT Licensed Timber is recognized as legal timber by EU and public procurement policies of various EU Member Countries

Provide an assurance system that can address the demand for legal timber in other environment-sensitive markets

IMPORTANCE OF FLEGT VPA

14

2003 EU FLEGT Action Plan

Bilateral Partnership Agreements between EU and Timber Exporting countries

VPA focus on legal timber

Legality definition based on existing laws of exporting country

TLAS based on existing control and licensing system

VPA legally binding

TPM

Market benefits

Capacity building assistance

VOLUNTARY PARTNERSHIP AGREEMENT(VPA)

15

Informal consultations since April 2004

Formal negotiations announced September 2006

Negotiations through SOM supported by TWG; 2 SOMs and 9 TWG meetings held; several video-conferences

Preparations by Malaysia

• NSC - Mandate to the Negotiating Team

• WG I - Legal drafting & General provisions

• WG II – TLAS

• WG III - Market Benefits and Capacity Building

Major issues subjected to Stakeholder Consultations; TLAS, Market Benefits

VPA PROCESS

16

Senior Officials Meeting (SOM)

Technical Working

Group (TWG)

Negotiating Team

National Steering

Committee (NSC)

3 Working Groups (WGs)

NationalMalaysia-EU

Negotiations

Stakeholder Consultations

NEGOTIATING STRUCTURE

17

Market study on impact of a FLEGT VPA between Malaysia and the EU by Forest Industries Intelligence Ltd.

Undertaken in 6 major EU markets

Analysis of trade data and structured interviews

• 80 Timber trade and industry companies

• 21 Trade associations

• 29 Government departments

• 21 NGO’s

NGO’s supportive of VPA but some concerns on Malaysian forestry

Little willingness by EU private sector to pay premium for VPA timber

Public procurement 25% of overall trade

Potential for premiums

MARKET STUDY

18

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4

Malaysia’s request for market benefits include: Full acceptance

Harmonisation of PPP

Incentives for use of VPA timber

Green premium

IMM

Measures by EU Communication on public procurement

Due diligence regulation (DDR)

Initiatives with other major markets

VPA product visibility campaign

Capacity building assistance

MARKET BENEFITS & PROMOTION

19

Development of TLAS involved extensive consultations with stakeholders

Components

• Product coverage

• Definition of Legal Timber

• Principles & Criteria of Legal Timber (Annex A)

• Control Procedures (Annex B)

• Sources of Timber (Annex C)

• Third Party Monitoring (Annex D)

• Management of Seized Timber (Annex E)

TIMBER LEGALITY ASSURANCE SYSTEM(TLAS)

20

Regional basis; Peninsular Malaysia, Sabah, Sarawak

Annex A lists relevant legislation throughout the production chain to be complied clustered under 6 principles; Right to harvest, forest operations, statutory charges, other users’ rights, mill operations, trade and customs

Principle divided into criteria with corresponding control procedures in tabulated form to facilitate monitoring by TPM

Annex B provides control procedures for each criterion in a tabulated manner indicating principle and legislation addressed, enforcement agency and means of verification

STRUCTURE OF TLAS

21

International & 3 Malaysian Consultants; 2 Sept – 9 Oct 2008

Assess auditability, adequacy, capacity building needs, effectiveness TPM and cost implications

Based on Consultants’ Report, EU raised some issues to be addressed

Malaysia in general agreement; the issues raised clustered into: Issues addressed before signing VPA Issues to be addressed with EU assistance for

capacity building Issues for further reflection

TECHNICAL EVALUATION OF TLAS

22

Licensing of VPA timber by existing authorities

TPM to verify implementation of TLAS

IMM to monitor market benefits

Roles of RB and JIC

Mid-term Review

IMPLEMENTATION / MONITORINGOF VPA

23

Development of TLAS 6 stakeholder consultations / briefings Informal meetings Meetings with Minister Written submissions

Technical evaluation of TLAS• Discussions with consultants • Written submissions• Presentation and discussion of consultants’ Draft Report and

further written submissionsDuring implementation of TLAS

• Public summary of TPM’s reports• RB to seek and receive views from stakeholders on the TLAS

and its implementation• Consideration of report by JIC

Review of TLAS

INPUTS BY STAKEHOLDERS

24

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5

Substantial progress

Finalisation of TLAS

Capacity building projects

Market benefits

Legal drafting

Administrative & funding arrangements

Market promotion

FURTHER WORK

25

Verification of Legal Timber under VPA & Certification of Sustainable Timber

LEGAL TIMBER SUSTAINABLE TIMBER

ScopeP&C on social, environmental &

economic issues required by law

P&C on social, environmental &

economic issues required by law &

forest sustainability

ApplicationBilateral Agreement (VPA); Legally

bindingVoluntary

Status Governmental Non-governmental

Supporting Legislation EU DDR PPP in certain countries

Institutional Arrangement JIC/RB NGB (e.g. MTCC)

Assessment Third party monitor Certification body

Issuance of Compliance

DocumentLicensing authority for timber export Certification body

Market Performance Independent market monitor -

Development Process Relevant authorities & stakeholders Stakeholders

Funding Government Private sector

Source of Timber All forest land Permanent Forest Estate

Level of Application System-based / Operator-based Operator-based

Benefits of Implementation

Entry into all EU countries

Acceptance under PPP of certain

countries (e.g. UK)

Acceptance under PPP (public &

private)26

VPA is on legal & not sustainable timber

Strategic and catalytic role of VPA to achieve timber legality and SFM in the long-term

EU approach; consultations, assistance for capacity building, market benefits

Stakeholder inputs and concerns

VPA cannot solve all problems; some outside scope of VPA/forestry sector

Success depends on stakeholder cooperation; assistance for capacity building; and market response

VPA unprecedented and legally binding; steep learning curve

Need for pragmatism

CONCLUSIONS

27

28

Page 46: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.8 Timber Legality Assurance

System in Vietnam

Directorate of Forestry Vietnam

Page 47: Sub regional workshop on timber legality assurance systems - 2010

17/01/2011

1

TIMBER LEGALITY ASSURANCE

SYSTEM IN VIETNAM

Directorate of forestry Vietnam

- Vietnam wood industry for export has sharply

increased in recent years with the export

turnover of 2.8 billion USD in 2009.

- Vietnam export markets are USA (50%) and

EU (30%).

- Market requirements indicate wooden products

should be sourced from legal timber: USA

Lacey Act 2008 (1.4.2010) and EU FLEGT

2003 & Due Diligence Regulation (2013) and

public procurement policies

I. BACKGROUND

1. Sources of raw material

1.1. Imported timber

- 80% of raw materials for wood industry are

imported, equivalent to more than 4 million

m3 of round logs per year (valued 1 billion

USD)

- From 40 countries and territories all around the

world..

1.2. Domestic timber

Raw materials coming from natural forest with

small volume are mainly used for domestic

market

- Raw materials coming from plantations are mainly used for manufacturing woodchip, paper pulp, artificial board and partly furniture for export. The output is approximately 5 million m3 per year.

- Plantations belong to ownership of different sectors (Forest Management Board, State Enterprise, Private sector, joint venture, military, local authorities, etc.) and households (1.3 million ha)

- Harvesting, transport procedures depending on types of ownership are described in wide range of legal documents

2. Legality related laws and regulations

- Forest protection and development law (amended) 2004;

- Land law (amended) 2003;

- Natural resource tax law (amended) 2009;

- Prime Minister’s decision 186 on forest management regulation

- MARD’s decision 40 on harvesting regulation;

- MARD’s decision 59 on control of forest products

- MARD’s decision 44 on tree marking and log hammering

- Some other regulations from Customs Department and MARD

TIMBER LEGALITY ASSURANCE SYSTEM

Legal timber should ensure the following principles:

• Use rights and tenure

• Harvestng regulations

• Processing and transportation regulations

• Import Export regulations

• Environmental and conservation regulations

• Social regulations

• Taxes, Fees and Royalties

Principles are structured into criteria and indicators

Page 48: Sub regional workshop on timber legality assurance systems - 2010

17/01/2011

2

1. Harvesting of domestic timber

1.1. Timber harvesting from natural forest

- Forest owners are organizations/companies

- Forest owners are households, communities

No Owners of natural

forest

Laws and

regulations

Specific conditions

1 * Organizations

- Forestry

company;

- Forest

Management

Board;

-…

* Households/

communities

Decision 186,

decision 40,

Circula 87, Legal

Doc 2577

- Decision on

organization

establishment;

-Being allocated or leased

by the government with

forest ( land used right);

- Approved forest

management plan in place

- Harvesting is allowed in

their forest;

- Harvesting quota in

place

No Owners of

natural forest

Laws and

regulations

Specific conditions

(con.) - Circular 87;

- Natural

resource tax law

- Compliance to technical

regulations on harvesting;

- Compliance to regulation

on monitoring and

controlling in harvesting

- Having issues on

environment protection

dealt;

- Having issues on social

aspects dealt;

- Pay natural resource taxes

1.2. Timber harvesting from plantations

- Forest owners invest and finance plantation;

- Forest owners plant, manage, investment

comes from the government;

- Plantations in programme/projects (gov

budget)

No Forest managers Legal

documents

Specific conditions

1 State budget

* Companies,

organizations

* Households,

communities

Decision 186,

40

- Decision on organization

establishment;

-Being allocated or leased

by the government with

forest;

- Harvesting dossiers

approved by the province

(for companies,

organization);

- Harvesting dossiers

approved by the province

(for households)

No Forest managers Legal documents Specific conditions

2 Own budget/

investment

* Companies,

organizations

* Households,

communities

Decision 186, 40 -Being allocated or

leased by the

government with forest;

- Free to harvest;

- Land tax should be

paid (tax free for

households)

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17/01/2011

3

1.3. Gaps

No FLEGT principles Gaps

1 Use right and tenure - Unallocated forest

(managed by commune

authorities, …).

2

….

Harvesting regulation - Harvesting procedures

are not available

(environment, work safety)

3 …

2. Imported timber

Regulation on import

- Sales contract;

- Commercial invoice

- Log lists (name, volume, dimension)

- Bill of lading

- If belonging to CITES list, CITEs should

certify

3. Monitoring and controlling system (from logs

landing at the forests to mills)

3.1. Timber harvested for natural forest

a. For organization/companies

- Forest protection department to develop log

list and hammer those logs which are

appropriate to harvesting designs.

- Documents for transport: invoice, log list with

hammering codes

b. For households, communities

- Log list certified by commune authorities;

- Hammering by forest protection department

3.2 Timber harvested from plantations

a. Organizations/companies

- Sales invoice

- Log lists with hammering codes of forest

protection department

If the traders procure the timber from households,

commune authorities should certify

b. Households: commune authorities certify timber

source

3.3. Imported timber

- Custom declaration (Customs Department

certifies that import procedures is completed);

- Log lists with Latin names of species are

developed by export countries. If the sellers

from export countries don’t develop the log

list, the importers should do and be in charge

of their own developed log list.

- Timbers are hammered by export countries or

by Vietnam forest protection department;

- Commercial invoice

Trees marking hammer

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4

Búa Kiểm lâm (Logs hammer) Búa kiểm lâm cho gỗ NK ( imported timbers

hammer)

MARD

… VN DOF

… FPDDARD

Sub -FPD Sub-DOF

District FPD

Staffs

Recommendations for TLAS within FLEGT

framework (from 2011)

1. Vietnam Timber legality is appropriate to FLEGT

principles

2. A set of criteria and indicators to verify legality

should be developed;

Principles Criteria and

indicatorsVerifiers References Types of

licenses

3. Monitoring system should be developed

- Harvesting procedure;

- Imported timber procedure;

- Logs transportation procedure;

- Processing;

- Sales and Transport of wooden products (incl. export)

THANK YOU FOR YOUR ATTENTION

Page 51: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.9 Timber Legality Assurance

System in Cambodia

Suon Sovann

Page 52: Sub regional workshop on timber legality assurance systems - 2010

1

1

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

Subtopic 15

By

Suon Sovann

Forestry Administration

Cambodia

TIMBER LEGALITY ASSURANCE

SYSTEM

IN CAMBODIA

Presentation Outline

To be known about Cambodia

Legality of Timber

Issues and Challenges on TLAS

National Efforts to TLAS

Conclusion

To be known about Cambodia

Total country areas : 181,035Km²

01Capital, 23 Provinces, 185 Districts, 1,621 Communes and 14,073 Villages

Population: 13,388,910 in 2008

Population density: 75/Km²

Annual population growth: 1.54%

Race: Khmer(minority ethnic 10%)

Official language: Khmer

Religions: Buddhist 95%,other 5%

Currency: Riel (USD1=4,000Riels)

Forest Cover in 2006

No FOREST TYPE AREA (Ha) %

I FOREST 10,730,781 59.09

1 Evergreen 3,668,902 20.20

2 Semi-Evergreen 1,362,638 7.50

3 Deciduous 4,692,098 25.84

4 Bamboo 35,802 0.20

5Wood Shrubland

Evergreen37,028 0.20

6Wood Shrubland

Dry96,387 0.50

7 Other Forest 837,926 4.65

II NON-FOREST 7,296,456 40.20

Forest Cover Change

6

Forest Cover Change

73.04%

59.09%

61.15%

58.6%59.82%

50

55

60

65

70

75

1965 1992/93 1996/97 2002 2005/06 Year

PE

RC

EN

TA

GE

Page 53: Sub regional workshop on timber legality assurance systems - 2010

2

Forestland Uses

Protection Forests 4,534,032 ha = 25%

Protected areas3,100,000 ha = 17 %

Protected Forests 1,434,032 ha = 8 %

Production Forests 6,196,749 ha = 34%

Forest Concessions 3,068,888 ha = 17%

Community Forestry 309,354 ha = 2%

Other forests unclassified 1,919,225ha= 10%

Land Economic Concessions 899,282ha =5%

Timber and NTFP Export, 2000-2009

Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

M3 74,309 41,573 12,739 1,586 133 4,827 337 432 294 3,875

T 0 0 0 0 0 0 6,000 0 7,000 10

Std 0 0 0 243 1,261 4,755 200 910 643 993

74,309

41,573

12,739

1,586 1334,827

337 432 2943,875

0

10,000

20,000

30,000

40,000

50,000

60,000

70,000

80,000

2000 2001 2002 2003 2004 2005 2006 2007 2008 2009

M3 Timber and NTFP Export, 2000-2009 (M3)

Source: FA statistic book 2009

9

Legality of Timber

The legality of timber sources :

Forest concessions

Annual bidding coupes

Land economic concessions

State and private forest plantations

Community forestry

Hydropower development

Confiscated illegal timber by court decision

10

Measure Governing Timber

FA Hammer-Stamp

Mark legal logs prior to transport from log

landing

Mark illegal logs that are evidence of forest

offenses

Logs permitted to be transported from log

stockpile to the final destination shall possess

four or more stamp marks

Illegal logs are confiscated shall possess three

stamp marks

All trees in permanent forest reserve that are

permitted to be felled shall have stamp marks

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3

Private Hammer-stamp

Forest concessionaire or forest coupe owner may

have private hammer-stamp for personal use on

timber products

It is registered and approved by FA

All forest products and by-products transported

within the country shall be accompanied by

transport permit issued by FA

All forest products and by-products must be

moved from the forest to the stockpile at the

permanent log landing within one month after

harvest, and shall be accompanied by a

transport permit issued by FA

Transportation Permit

All forest products and by-products that have

been stocked anywhere in Cambodia shall be

accompanied by an authorized transport or

stock permit issued by FA

Transportation or stockpiling of forest products

and by-products without a required permit or

not in compliance with the terms and restrictions

stated in the permit (s) shall be illegal

Export of forest products and by-products shall be

consistent with annual quota set by government

upon request of MAFF

Specification for forest products and by-products

allowed to be exported or imported has been

determined by Sub-decree

License for export/import of forest products and

by-products shall be issued by Ministry of

Commerce, after issuance of a Visa by FA

Export Licenses

Forest products and by-products for export shall

be inspected during their loading into containers

and sealed by FA official prior to transport to

custom’s warehouse and stockpile area

Export/import tax, and other duty tax, shall be

paid for export/import of forest products and

by-products to national budget

It has been established since 1999 with a Focal

Point at Council of Ministers and Independent

Monitor of forest crime by third party

It has been used a case tracking system

Forest Crime Monitoring and Reporting Unit

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4

Cambodia had developed the monitoring,

assessment and reporting on SFM (MAR-SFM)

format for national application since 2007

This was further refined for the both national

and FMU level in 2010

It had also developed offline MAR-SFM for the

both levels

Sustainable Forest Management Cambodia C&I for SFM

Criteria Indicators

National FMU

(i) Extent of forest resources 6 6

(ii) Biological diversity 7 5

(iii) Forest health and vitality 2 2

(iv) Productive functions of forest resources 12 12

(v) Protective functions of forest resources 5 4

(vi) Socio-economic functions 14 13

(vii) Legal, policy and institutional framework 13 11

Total 59 53

Forest Certification

National forest certification program was

included in NFP and it also adapted

National Forest Certification Scheme is being

carried out in accordance with NFP

Harvesting Log landing Transportation

Export point Sawmill

FA

Inventory

Harvesting Permits

FA

Royalty and Premium

FA Hammer-Stamp

Customs

Export License

FA

Sawmill Prakas

Transportation

FA, Polices, MP and

other authorities

Transportation Permit

Sealing by FA

FA, Polices, MP and

other authorities

Transportation Permit

Flow of Logs to Sawmill and Export PointIssues and Challenges in TLAS

Utilize existed the national timber legality

system

TLAS and VPA are major issues to be

strengthened capacity building

Some cases of illegal timber trade at border is

out of control

Promotion on domestic timber consumption and

REDD+ would be rather than export

National Efforts to TLAS

Complying with NFP

VPA

TLAS

The communication between FA and EU tosupport FLEG Program (Letter No. 2157FA.TWG-F&E, 15 Dec 2009) and NFPimplementation (Letter No. 191 FA.TWG-F&E,03 Feb 2010)

Activities had been carried out as follow:

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5

FA and EU conducted FLEGT ASEM Conferenceon “Forests, Forest Governance and TimberProduct Trade: Scenarios and Challenges forEurope and Asia” in Phnom Penh, 04-05 May2010

FA and EU conducted Informative Seminar on FLEGTInitiative: “New EU Market Requirements andPosition of Cambodia in International Trade” inPhnom Penh, 02 October 2010

MAFF and MARD (Vietnam) signed the cooperationto combat illegal wildlife and timber trade since2003

Cambodia in cooperation with Lao PDR andThailand to share information on wildlife andtimber trade at the border

Conclusion

TLAS and VPA were included in the nfp to

promote for legal and sustainable timber in

order to fulfill SFM

Existed national legality timber procedures are

in place but it would be further refined

TLAS and VPA are new process and technical

context need to be developed

Thank You Very Much!

Page 57: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.10 Issues regarding Timber

Legality in Lao PDR

Representative of Lao PDR

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1

1

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

Issues regarding Timber Legality in Lao PDR

Subtopic 16

Representative of Lao PDR

Little know about Laos

Total area 236,800 km2

Population: estimated 6,000,000 people

Capital City: Vientiane

Provinces: 16 provinces

Production Management Areas: 3,100,000 ha

81,000 ha (FSC certification)

239,000 ha (FSC Control Wood)

1/17/2011Department of Import and Export, MOIC.2

Exportation of Lao timber product

1/17/2011Department of Import and Export, MOIC.3

ASEAN92%

China3%

Japan2%

S. Korea0%

Taiwan0%

Hong Kong1%

Australia0% America

1%

EU1%

Report of year 2008/2009, by country

ASEAN

China

Japan

S. Korea

Taiwan

Hong Kong

Australia

America

EU

List of Regulations and Applied Guidelines

PO 35, 31 May 1997: Law on LandTransportation

PO 47, 25 May 2005: Law on Customs & Decree

Article 60 of Forest Law, No. 13/NA, 9/11/2005: Right and Duty of MAF

MAF 0174/AF 07, 6 September 2007: Instructions of the Minister to the Ministry of Agriculture & Forestry

pertaining to the implementation of The Order of The Prime Minister, in relation to the enhancement of the restrictions

on the management of forest and forestry business for FY 2007-2008 NO.30/PM, dated 17/08/2007

MAF 0221, 13 October 2000: Regulation of MAF on Forest and Forest Produces Harvesting

PM 135, 25 May 2009: Decree of Prime Minister on State Land Lease or Concession

PM 59, 22 May 2002: Decree of Prime Minister on Sustainable Forest Management

Decision 54, 7 March 1996: Decision of the Minister of Agriculture on the Customary Rights and the Use of Forest

Resources

MOF Guideline 0092, 13 January 2009: Guideline on the administration of revenue collection from sales proceeds

of wood and non-timber forestry product

MOIC Regulation 157 onTimber Business Activities (2008)

MOIC Regulation 1976 on Sales of Logs at Field II (2007)

1/17/2011Department of Import and Export, MOIC.4

Continue

PMO 31, 23 August 2006: Order of Prime Minister on increasing control in forest management,

conservation,wood business and promoting the production of finished products in wood processing industry

Forestry Law (1996; amended 2007)

Business and Enterprise Law (2005)

Tax Law (2005)

Environmental Law (1996)

Water andWater Resources Law (1996)

Land Law (1997; amended 2003)

Prime Minister Decree 59 on Sustainable Forest Management of Production Forest Areas

(2003)

Prime Minister Order 17 on Strengthening Forest Management (2008)

MOIC Regulation 51 on Form and Size ofWood Products (2009)

MOIC Regulation 1415 on Form and Size ofWood Products (2008)

MOIC Regulation 719 onWood Processing Factories (2009)

MOIC Regulation 488 onWood Quota Application (2009)

1/17/2011Department of Import and Export, MOIC.5

MOF Guideline 92 on Revenue Collection of Sales fromWood and NTFP Products (2009)

MOIC Regulation 710 onWood Fees for Small Logs (2008)

MOIC Regulation 2056 onWood Quota Allocation (2008)

MOIC Regulation 359 onTimber Products and NTFPTransport and Export (2008)

MOIC Regulation 157 onTransport of Logs,Wood Products and NTFP and Export (2008)

MOIC Regulation 1963 onWood Sales (2008)

MOIC Regulation 1601 onTransport of Logs,Wood Products and NTFP and Export (2008)

MOIC Regulation 97 onWood Fees at Field II (2009)

MAF Regulation 535 on Management ofVillage Forests (2001)

MAF Order 54 on Customary User Rights (1996)

MAF Instruction 377 on Customary Use of Forest Resources (1996)

MAF Guideline 0962 on Chain of Custody (CoC) Control of Timber Harvesting &Transport in

Production Forest (2010)

MOIC Decision on the procedures regarding Chain-of-Custody in Timber Sales and Transport

(2010)

1/17/2011Department of Import and Export, MOIC.6

Continue

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Current status regarding the assurance of timber

legality and traceability.

Under the SUFORD project:

Establishment of the Department of Forest Inspection.

The Notice of the MAF regarding CoC, applies for timberin Production Forest Areas to Landing II.

The Notice of the MoIC regarding FSC Standards. This is2nd step of CoC. MOIC will monitor from Landing II tothe factory or export to the international market.

1/17/2011Department of Import and Export, MOIC.7

Custody of Timber by Process and Applied Guideline

Process Guideline Custody

Forest management planning DOF COC Guideline The State, Forest management

unit (district)

Pre-harvest inventory and tree

marking

DOF COC Guideline The State, Forest management

unit (district)

Harvesting: felling, forest

transport

DOF COC Guideline The State, Forest management

unit (district)

Scaling and grading at landing II DOF COC Guideline The State, Forest management

unit (district)

Timber sales (bidding) MOIC Guideline and Instruction The State, Provincial Trade

Department

Sales contract and registration MOIC Guideline and Instruction The State, Provincial Trade

Department

Invoicing MOIC Guideline and Instruction The State, Provincial Trade

Department

Transport permit MOIC Guideline and Instruction PFS

Loading MOIC Guideline and Instruction Buyer

Transport to mill MOIC Guideline and Instruction Buyer

Mill gate operations MOIC Guideline and Instruction Buyer, MOIC

Processing Company COC system Buyer

1/17/2011Department of Import and Export, MOIC.8

PAFO collects the quotas and submit to

DOF

Submission of the quotas for the Approval from the government

Dissemination of the quotas to the provincial

Timber extraction

(1st Phrase of CoCsystem: from Feeling areas to Landing II)

Timber sale

(2nd Phase of CoCsystem: Landing II to

factory)

Wood processing/Exportation

(3rd phrase of CoCsystem: Factory)

1/17/2011Department of Import and Export, MOIC.9

Timber sale committee

Representative from MOIC

Representative from MAF

Representative from MOF

Local/Provincial administrative

1/17/201110 Department of Import and Export, MOIC.

Remark:

There are 16 provincial

committees in Laos.

Our action today and way forwardMOIC and the Wood Industry Association encourage member

of the Association to establish the CoC system in theirsfactories. So far, only one company meets FSC certification.

Goal at less 10 companies have CoC system by end 2010.

Identify the critical control points at national level forgovernment agencies to audit & monitor to demonstrateTLAS development

1/17/2011Department of Import and Export, MOIC.11

Next Steps regarding the assurance of timber

legality and traceability.

The ASEAN and EU process calls for IndependentVerification the Department of Forest Inspection(DOFI) is developing the capacity for this oversightrole:

Carrying out a review of complete CoC framework toensure continuity between transition from DOF to MoICcontrol.

Develop independent auditing and verification capacity.

1/17/2011Department of Import and Export, MOIC.12

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Challenges and Needs

Challenges

Enforcement

Limited Experiences

Limited Human resources

Needs

Financial Support and Capacity Building

Sharing Experiences with experiences country like Malaysia,

Indonesia, Vietnam regarding the TLAS and VPA negotiation.

1/17/2011Department of Import and Export, MOIC.13

Cooperation

The MoCI & MAF plan to coordinate support of

agencies and donors in preparingTLAS

SUFORD

ASEAN

EU FLEGT Asia

WWF /TFT

TNC RAFT

The Ministries want to ensure common objectives

1/17/2011Department of Import and Export, MOIC.14

Thank you very much

1/17/2011Department of Import and Export, MOIC.15

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3. Presentations

3.11 Timber Legality in Myanmar

Myo Myint & Zaw Win

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1

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

Timber Legality in Myanmar

Subtopic 17

Myo Myint & Zaw Win

BACKGROUND

Formalizes the commitment and intent of Gov: to ensure sustainable development of forest resources (Social + Economic and Environmental Purposes)Six imperatives indentified in the policy are:

Soil, Water, wildlife, biodiversityProtection

Supply of the forest for present & future generationSustainability

Fuel, shelter, food & recreationBasic needs

To harness, in the socio-environmentally friendly, manner, the full economic potential of the forest

Efficiency

Conservation & utilization of forestParticipation

About the vital role of forest & a social-economic development

Public awareness

Myanmar Forest Policy

BACKGROUNDManagement System of Myanmar

Myanmar Selection System (MSS) has been the principle management

system since 1856.

Formation of felling series, each of which is divided into 30 annual

coupes.

Under MSS, only mature trees are selected & harvested.

Harvesting of tree is controlled by girth limits prescribed species-wise.

Felling of exploitable trees is within the bounds of carefully calculated

Annual Allowable Cut (AAC).

AAC is thus a tool that ensures the harvest of timber yield on a

sustainable basis.

M O F(Ministry of Forestry)

PSD(Planning and Statistic

Department)

FD(Forest Department)

MTE(Myanma Timber

Enterprise)

DZGD(Dry Zone Greening

Department)

Coordinates & facilitates the task of

FD, MTE & DZGD.

Mainly policy matter & issues related to

forestry.

Protection & conservation of biodiversity &

sustainable management of forest

resources.

Timber harvesting milling downstream

processing & marketing.

Reforestation, protection,

conservation & restoration of the

environment in the Dry Zone Area.

BACKGROUNDInstitutional Arrangement

BACKGROUNDTimber Harvesting

MTE is the sole institution take charge of timber harvesting.

Not only exploitation but also to support growth of forest &

improvement & upkeep of genetic diversity.

Use of elephant in skidding, the environmental-friendly method.

National Code of Harvesting Practice are being applied.

Myanmar's timber harvesting practice has been recognized as the

least impact logging system.

(FD responsible for inspection the harvesting works, measurement of

Royalty Assessment, hammering the royalty mark on log).

MTE handover the harvested area to FD with prescribe form

(FD carry out post harvest survey).

MTE applied sound Chain of Custody System.

BACKGROUNDTransportation Processing & Trade

FD controlled movement of forest products.

Removal pass from FD is require to move from one place to another

place.

Detailed instruction for upkeep of daily registers for incoming raw &

outturn of products are in place.

FD checks and monitor the saw mills & processing plants regularly.

Private sector needs licence from Ministry of Trade to export value-

added forest products.

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Forest Department (FD)

i. Wild Elephants Protection Act (1879)

ii. Forest Act (1902)

iii. Wildlife Protection Act (1936)

iv. Forest Law (1992) (Replaced 1902 Law)

v. Protection of Wildlife, Wild Plants &

Conservation of Natural Areas Law (1994) (Replaced 1936 Law)

vi. Forest Policy (1995)

vii. Forest Rule (1995)

viii. Community Forestry Instructions (1995)

LAW AND REGULATIONSMyanmar Timber Enterprise (MTE)

i. The Extraction Manual (1936)

ii. Standing Order for Extraction Staff (1974)

iii. Departmental Instructions (1957/Present)

iv. Rules for Jungle Rejection of Teak Logs and

Logging Rules (1939)

v. Classification & Grading of Teak Logs (1939)

vi. Reduced Impact Logging Guidelines (2008)

LAW AND REGULATIONSFD / MTE

i. Criteria & Indication for SFM (1990) (Revised 2005)

ii. National Code of Forest Harvesting

Practices in Myanmar (2000) (Revised 2003)

iii. ASEAN Criteria & Indicators for

Legality of Timber (2009)

LAW AND REGULATIONS

CRITERIA & INDICATOR FOR LEGALITY

Based on ASEAN criteria.

If is part of the Phased-approach to Forest Certification (PACt)

Programme.

Targeting at the step-wise implementation of sustainable forest

management.

CRITERION (1)

The Forest Management Enterprise holds the legal right to operate and to harvest timber at the designated forest area

The Forest Management Enterprise (FME) shall prove that it is formally registered with relevant government authorities and has validly obtained the legal right to operate within the Forest Management Unit (FMU) under verification. The legal of the FMU shall be clearly defined and boundaries delineated.

Indicators Activities Standard of Performance

1.1 The FME has legal

authorization to conduct

forest-related business in

accordance with the law

and regulations of

Myanmar.

- Provide the legal authorization of

Forest Department (FD) to conduct

forest-related business in accordance

with the laws and regulations of

Myanmar.

- Forest Law entrusted the Forest

Department to manage the forest

lands.

Continue …

Indicators Activities Standard of Performance

1.2 The FME has legal

authorization to harvest in

the FMU under

verification, as proven by a

valid permit or license

issued pursuant to the

laws and regulations

governing the

management of forest

resources, including

customary laws where

legally recognized.

1.3 The FMU is unambiguously

delineated and dedicated

to forest utilization.

- Provide the legal authorization of

Myanmar Timber Enterprise (MTE) to

harvest in the FMU by the Forest

Management authorities.

- Describe the delineations of the

boundaries of FMU by the

Management Plan.

- The State Timber Board Act, 1950

- Organization of State Timber

Board by order No 134 in 1948 of

Ministry of Agriculture and

Forests.

- Management Plan of FMU.

Part I.

2. Base-line Information

2.1.1 Location, Area and legal

right.

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CRITERION (2)

The Forest Management Enterprise holds approved authorization for its harvesting operations, based on an approved cut

The FME shall have received the necessary approvals for its utilization activities based on the relevant planning requirements legislated by the relevant authorities.

Indicators Activities Standard of Performance

2.1 The FME can demonstrate

that it has received a valid

approval by the relevant

authorities for its current

harvesting operations and

other related activities,

based on a proper

planning process.

- Describe the procedure to receive the

valid approval from the Forest

Department for its current harvesting

operations.

- Departmental Instructions for

Forest Officers in Myanmar (DI).

- MTE Extraction Manual.

CRITERION (3)

The Forest Management Enterprise fulfils CITES compliance and the requirements of relevant environmental laws and regulations

The FME shall demonstrate compliance with the applicable of CITES and the relevant laws and regulations relating to environmental obligation of a forest management operation.

Indicators Activities Standard of Performance3.1 The FME conducts

environmental impact assessments where and when appropriates.

3.2 The FME implements mitigation measures to minimize negative environmental impacts in accordance with its own assessments and relevant laws and regulations.

3.3 The FME complies with the applicable provision and requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

- Describe the implementation of the Environmental Impact Assessment.

- Provide the mitigation measures to minimize negative environmental impacts due to harvesting of timber.

- Describe the protection of wild species of both flora and fauna and respective ecosystems in accordance with CITES.

- Forest Management Plan Section 9.10.15

- National code of Forest Harvesting practices

- Reduced Impact Logging guideline.

- The protection of wildlife, wild plants and Protect Areas Law and Rule.

- List of reserved trees declared by Forest Department.

- Forest Department Notification No.583/94 “Wildlife species which are to be protected from extinction”

Continue …

Indicators Activities Standard of Performance

3.4 The FME fulfils required

procedures for protected

tree species within the

FMU in accordance with

the relevant laws and

regulations.

3.5 The FME cooperates with

relevant agencies in

implementing adequate

measures to prevent any

unauthorised activities by

third parties within the

FMU.

- Describe the protection of teak and

other tree species declared as

reserved tree.

- List the reserved tree species which

can be found in this FMU

- Describe the implementation of

adequate measures carried out by FD

in cooperation of Myanmar Police

Force and MTE.

- Forest Law, Section 9(d)

- Forest Rule, Section 27

- Forest Law

- Departmental Instructions of FD

and MTE.

CRITERION (4)

The Forest Management Enterprise fulfils the requirements of relevant social laws and regulations

The FME shall demonstrate compliance within relevant laws and regulations relating to the social obligations of a forest management operation.

Indicators Activities Standard of Performance4.1 The FME fully observes the

use rights of local communities in accordance with relevant laws and regulations.

4.2 The FME complies with the relevant laws and regulations on employees’ and workers’ occupational health and safety requirements.

- Describe the extraction of forest produce for domestic, agricultural or piscatorial purposes without obtaining a permit.

- Provide the establishment of local supply and village firewood plantations in the forest areas.

- Describe the mechanisms to ensure the health and safety of forest workers.

- Forest Law, Section 17.

- Forest Law, Section 13.

- Workman’s Compensation Act (1923)

- FD and MTE Reports on the measures undertaken the health and safety of forest workers.

CRITERION (5)

The Forest Management Enterprise has paid all statutory charges directly related to timber harvesting and timber trade

The FME consistently settles all due payments of obligatory taxes, fees and/or royalties associated with maintaining the legal right to harvest and permitted harvesting volumes to the appropriate authority in a timely manner.

Indicators Activities Standard of Performance

5.1 The FME has paid all

applicable and legally

prescribed fees, royalties,

taxes and other charges to

the appropriate authority

in a timely manner, as

documented through clear

evidence.

- Describe the procedure of marking of

timber for royalty assessment and

Payment made by MTE to FD.

- Describe the procedure of the

collection of royalty for timber and

other forest produces extracted by

individuals other than MTE.

- Departmental Instructions, annual

reports and returns of FD and

MTE.

- Departmental Instruction of FD.

CRITERION (6)The Forest Management Enterprise implements a traceability

system that allows for the tracking of all logs from the forest gate to the relevant harvesting sites.

Chain-of-custody provides a link between verified/certified material in a product or product line and the forest source of origin. Documented control of this chain is a fundamental requirement to ensure that separation is maintained between verified (legal) and non-verified products. Criterion 6 describes the requirements from the forest gate back to the point of harvest (log tracking requirements). Chain-of-custody or timber tracking of all later steps in the supply chain (manufacturing and trading steps) are specified in the ASEAN Chain-of-Custody Guideline.

Indicators Activities Standard of Performance

6.1 The FME applies a

traceability system which

properly controls and

documents all timber flows

from the harvesting area

to the forest gate.

- Describe the timer tracking system

from the forest gate to the harvesting

area.

- Departmental Instructions of FD

and MTE.

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Continue …

Indicators Activities Standard of Performance

6.2 The traceability system

effectively controls the risk

of mixing verified legal and

non-verified forest

products within the remit

of the FME.

6.3 Forest products verified as

legal can be properly

identified at the forest gate

through a clear system of

documentation and

marking.

- Describe the checking of forest

products at the critical control points.

- Describe the system of marking on the

logs and related documents to control

the risk of mixing verified and non-

verified forest products.

- Departmental Instruction of FD

and MTE

- Departmental Instructions of FD

and MTE.

LEGALITY OF TIMBER HARVESTING IN MYANMAR

FDSilvicultural System

Myanmar Selection System

Selective Marking of Teak & Hardwoods that have Reached the Prescribed Girth(GBH)

TeakGBH – 6'-6”

HardwoodGBH – 5'-6”

LeavingSeed Tree

LEGALITY OF TIMBER HARVESTING IN MYANMAR

System of Selective Marking on Trees that have Reached the Prescribed Girth

(GBH)

Document Entry-GBH/

Species/Date

Branding Hammer on the Upper Blaze

Branding Hammer on the Lower Blaze

FOREST MANAGEMENT & TIMBER HARVESTING

M O F

F D M T E

Responsible for Management, Conservation,

Protection

Private Sector

Wood-based Industries, Export Furniture's, Value-added Products &

Plantation Establishment

Responsible for Timber Harvesting, Processing, Export

& Domestic Marketing Logs,

Conversions, Veneers, Ply, Value-

added Products

THE TRACEABILITY SYSTEM & WORKING PROCESSFOR TIMBER HARVESTING IN MYANMAR

PRE-HARVEST STAGE

District Forest Office(FD)

Pre-Harvest Survey &

SF-Marking/Girdling according to Management

plan

1

Harvesting Agency Office (MTE)

PRE-HARVEST STAGE

Registration of Hammers

Marking Books Handed Over &

Permission to Enter the Forest

Range-In-Charges Relocated,Assigned to

Conduct Exploration &Prepare Plan

Document

Critical Control Point

THE TRACEABILITY SYSTEM & WORKING PROCESSFOR TIMBER HARVESTING IN MYANMAR

PRE-HARVEST STAGE

Documents EntryForm - AG (Felling Order)

Form - B (Felling Register)

Form - C (Marked Trees Register)

Forest S-18 (FD)

Form - F (Monthly Felling Summary)

Form - G-1 (Monthly Felling Summary)

Form - G-2 (Monthly Logs position)

Form – G-3 (Joint-Measured Logs & trucked-logs)

2 FELLING STAGE

Felling & Scalingin Respective

Compartments

Critical Control Point

Skidding by Elephants

Stump to Landing Site

Form - C / Form - D

Joint Measurement at Landing Site

(Measuring Point)

Branding Hammer Markingon Each and Every Log

- MTE Compartment Hammer

- Compt.-in-charge Hammer- Range-in-charge Personal

Hammer- Tree / Log Number- Serial Number of Logs for

Each Compartment- FD Revenue Hammer - FD Revenue Serial Number- MTE Measuring Officer

Hammer

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THE TRACEABILITY SYSTEM & WORKING PROCESSFOR TIMBER HARVESTING IN MYANMAR

PRE-HARVEST STAGE

Form - D / Trucking Slips

3 TRUCKING STAGE

Trucking Logs Out of the Compartment

Post-harvest Operations & Completion Report

Form– AJ

Deliver to Local Saw Mills Depots

Transportation Logs to Final Destination

Critical Control Point Trucking Slips

Form - AT / AU

Form - AO

Form - ATRemoval Pass

Form - AUDetail List of Logs

Form - AODepot Register

4

Trucking RaftingTransport by Barges

Railing

Arrived Logs Handed over to MTE - Export Dept., & to Wood - based Industries. Transactions Recorded in Form- AS

QQQQ 305 Q

2

305

Lower Blaze.

Marking Trees Number

Staff Hammer in Position, ImmediatelyAfter Felling

Indicates the Number of Logs Obtained from this Particular Tree

Tree Marking Number

CompartmentClassification

Hammer

Range-in-chargeHammer

ManagersHammer

Hammer Marking Direction, Indicates Felling

Direction of the Tree

StumpHeight6" for Teak18" for HW

Branding Hammer Marks at the Felling Site Branding Hammers on a Felled Tree & Placing Cutting Points

QQQQ 1 Q305

QQQQ 2 Q305

QQQQ 2 Q305

Indicates First Piece of Log

CuttingPoint

Cutting Point

TemporaryBlaze

Indicates SecondPiece of LogStaff

Hammer

Reject Hammer

Branding Procedures at the Landing Site(Joint Measurement Between FD & MTE)

QQQ

Q 1 Q

305

1528

1528 QQQ

Revenue SerialNumber MTE Measuring

Officer's Hammer

Star Classification Hammer

Serial Number of Logs Obtainedfrom Particular Compartment

Staff Hammer

Q Q

Q 1376 Q

Q Q Q Q Q Q

Q Q

Q 1376 Q

Q Q Q Q Q Q

Revenue Hammer

In each & every compartment, at the landing sites every logs obtained

from each of the marked trees, are all documented & measurements /

species are also recorded & given serial numbers.

FD also provide revenue serial numbers, which are marked or branded

in a double rows on both ends of each and every log.

During the joint measurement by FD & MTE, FD record all data in

Form S-18 form and MTE in Form-D.

Without this procedures & markings, no logs are allowed to move

from the landing site.

Compartment Classification Hammer (MTE)

> Designed especially for classifying district of origin & also for distinguishing between different reserves as well as compartments.

> All hammers of 42 existing harvesting agencies under MTE are

registered at FMU level district forest office.

> Two different types, one type for teak and another for hardwoods.

Personal hammers (MTE)

> Personal hammers of subordinate staff, officials are designed in

different patterns.

Facsimiles of the Branding Hammers

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Branding Hammer Branding Hammer CONCLUSION

Regulations and legislations for timber harvesting process as well as

marketing are already in place.

At present, both FD and MTE are responsible for the verification of

legal timber.

Both government and private sectors are involved and working

together in the verification and legality assurance system.

We have to go steps forward for Internationally accepted timber

legality verification and legality assurance system.

Page 68: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.12 A timber legality assurance system (TLAS) of Thailand

Jirawat Tangkijngamwong

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1

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

A timber legality assurance system

(TLAS)

of Thailand

Subtopic 18

A timber legality assurance system(TLAS)

of Thailand5 Elements

• A definition of legally-produced timber

• Control of the supply chain

• Verification

• issuance of licenses

• independent monitoring of the systems by a third-party

A definition of legally-produced timber(1)

• Forest Act, B.E. 2484 (1941):

Concerns logging operations and non-wood forest product (NWFP) collection,

Transportation of timber and non-timber products and sawnwood production

A definition of legally-produced timber(2)

• Forest Act, B.E. 2484 (1941): Section 4(2)

Definition of wood:

All species of woody tree, shrub, vine, import wood, bamboo, palm, rattan, including its parts such as stump, branch, knot, and scraps of wood etc.

A definition of legally-produced timber(3)

• Legally-produced timber

1. Forest Tree Plantation/Farm

2. Agricultural Tree Plantation/Farm

3. Rubber Tree Plantation/Farm

[1, 2, 3 must be planted in legal land tenure: Private land & Permitted degraded forest land]

4. Export country: Legal import

A definition of legally-produced timber(4)

• Logging Ban from 1989 onwards

– No concession

– No harvesting in natural forest

• Illegal logging

– Harvesting in natural forest

– Harvesting legal timber without permit

(some cases required by forest law and/or regulation, not for Fruit tree logging)

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A definition of legally-produced timber(5)

• Summary:

– Timber, Lumber, sawnwood (raw material)

much have official evidence to verify its legality

– Wood product (in case for trade)

much have official evidence to verify its legality

A definition of legally-produced timber(6)

• Summary:

– Legal wood without evidence may be considered as illegal wood if owner can not prove its legality

– In some cases need an expert (on wood identification & investigation) to solve its legality

Control of the supply chainLaw and Regulation (1)

• Under Section 48 of the Forest Act, 1941, Establishment of sawmill, wood store are

prohibited without permit of a competent officer in accordance with the terms specified in the ministerial regulations.

Control of the supply chainLaw and Regulation (2)

• Under Section 39.23 of the Forest Act, 1941, whoever moves timber or forest products

shall have a special pass issued by a competent officer in accordance with the terms specified in the ministerial regulations.

Control of the supply chainLaw and Regulation (3)

• Under item 6 of the ministerial regulation No. 25, B.E. 2519 (1976):

Permitted sawmill or Sawnwood store much provides complete accounting of wood stocks for inspecting by competent officer.

Control of the supply chainLaw and Regulation (4)

• Under item 5 of the ministerial regulation No. 27, B.E. 2530 (1987):

Permitted wood furniture factory or store much provides complete accounting of wood stocks (wood raw material and wood furniture) for inspecting by competent officer.

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Control of the supply chainLaw and Regulation (5)

• Under Section 14 item 43 of the RFD regulation, B.E. 2541 (1998) on Controlling of wood processing:

All kind of permitted wood processing facility, wood-based store will be inspected regularly by competent officer.

Control of the supply chainCurrent paper-based system (6)

• Register & Verification of wood raw material (lumber, sawnwood)– Import (information by Customs Department [CD])– Plantation (RFD)

• Control of wood raw material movement– A Special pass Type I (document issued by competent

officer)– Forest station (office of RFD along destination for

verifying of transporting wood)

Control of the supply chainCurrent paper-based system (7)

• Control of wood processing facility and wood product (RFD officer)– Establishment and expansion of running all wood

facility for processing and/or trade much be permitted by competent officer.

– 1 year expiry permit

– Inspected monthly or randomly by competent officer

Control of the supply chainCurrent paper-based system (8)

• Control of wood processing facility and wood product (owner performs due care/diligent)

– Keep updating wood account and its balance

– Don’t let any wood out-of-account being in those facility area.

– Don’t let any wood without its legality evidence being in those facility area.

Control of the supply chainCurrent paper-based system (9)

• Control of wood product and/or processed wood movement

– A special pass Type 2:

• A template registered and issued by competent officer giving to company for identifying its wood product and its evidence of legality

• Used by fill up description & quantity of wood product , owner and its evidence (special pass Type 1)

Control of the supply chainCurrent paper-based system (10)

• Certification of wood based product for export

– Document issued by competent officer for export purpose

• Request from exporter (in case of import country needs and may be for EU FLEGT in the initial stage)

• Under RFD regulation B.E 2551 (2008) Certification of wood based product

• Verification of all supply chain

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Control of the supply chainCurrent paper-based system (11)

Special Pass Type 1: For wood materialmove from Source to Facility

[S1/S2]Import / Plantation

InformationWood’s source

QuantitiesImporter / owner

Etc.

Control of the supply chainCurrent paper-based system (12)

Example:

Wood move from

A to B (ex: port to facility)

Pass

Forest Station X, Y, Z(verifying, stamped-pass)

A B x y z x _ z

Control of the supply chainCurrent paper-based system (13)

Special Pass Type 2: For Product movefrom Facility to Buyer

Filled up by

company

[F]Wood based product

Description/QuantitiesFacility ID/Address

DestinationConsumer/Owner

Evidence [P1]+more..

Control of the supply chainCurrent paper-based system (14)

Case 1: using P2 itself

Wood based product

To export (need no Certification)

Verified by

competent officer at

Export port (Forest station)

Approved (on [P2])To process Customs procedures

Approved

Control of the supply chainCurrent paper-based system (15)

Case 2: issuing Certification

Wood based product

To export (need Certification)

Verified by

competent officer at

Export port (Forest station)

Issues CertificationTo process Customs procedures

Control of the supply chainCurrent paper-based system (16)

Certification of wood based product

For export purpose

Issued by competent officer

Under RFD regulation B.E 2551

(2008)

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VerificationCurrent paper-based system (1)

Verification of all supply chain

Before issues any evident document

VerificationCurrent paper-based system (2)

Verification before Certification

(Verification of all supply chain)

[S1/S2]Import / Plantation

InformationWood’s source

QuantitiesImporter / owner

Etc.

[F]Wood based product

Description/QuantitiesFacility ID/Address

DestinationConsumer/Owner

Evidence [P1]+more..

VerificationCurrent paper-based system (3)

Weakness

- Human error

- Fake document

- Much of paper

- Unclear copy

- Duplicated data

- Loss of document

- etc.

[S1/S2]Import /

PlantationInformation

Wood’s sourceQuantities

Importer / ownerEtc.

[F]Wood based product

Description/QuantitiesFacility ID/Address

DestinationConsumer/Owner

Evidence [P1]+more..

Control of supply chainnew digital-based system (1)

• Customs initiative program

• ASEAN Single Window

• National Single Window

• Agreement to developing paperless system for customs procedures

• Government agency involved import or export procedures

• Royal Forest Department (RFD)

Control of supply chainnew digital-based system (2)

• Collaboration between Customs Department (CD) and RFD

• Data interchange (digital) For Customs procedures

• CD’s import information/data to RFD (digital)

• RFD’s Export information/data to CD (digital)

• RFD’s License, Certification to CD (digital)

Control of supply chainnew digital-based system (3)

• RFD developed digital systems

– Transferring import information/data to RFD databases

– Chain of custody information/data

– License/Certification

• Installation/configuration delayed

• Expected to start testing system in next few months (January 2011)

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6

Chain of Custody Information (CoCI)Paper & digital - based system (1)

[S1/S2]Import / Plantation

InformationWood’s source

QuantitiesImporter / owner

Etc.

[F]Wood based product

Description/QuantitiesFacility ID/Address

DestinationConsumer/Owner

Evidence [P1]+more..

553456789012

123456789012

343456789022

Chain of Custody Information (CoCI)new digital -based system (2)

[S1]

Import Information

[F]Wood based

productFacility

ID/AddressEvidence

[P1]+more..

123456789012 343456789022553456789012

[S2]

PlantationInformation

[D]

ExportInformation

- S1: from CD DB

- S2 & F: in RFD DB

- D: to CD DB

- Issuing P1 & P2 & C

- Web-based application

- Inputting its data to RFD DB

- Generating Barcode

- Attaching on P1, P2, C For ID, getting links

Chain of Custody Information (CoCI)new digital -based system (3)

[S1]

Import Information

[F]Wood based

productFacility

ID/AddressEvidence

[P1]+more..

123456789012 343456789022553456789012

[S2]

PlantationInformation

[D]

ExportInformation

C can track back to S = Complete chainC cannot can not track back to S = Incomplete chain

Chain of Custody Information (CoCI)new digital -based system (4)

[D]

ExportInformation

CD’s requirement

Transferring data on

Government Interchange Network

(GIN: Intranet)

- HS Code

- RFD requests for CD inspection

0=no inspection

1=random inspection

2=full inspection

- RFD digital signature- etc.

Remark:

RFD to RFD internetCD to RFD intranet

Issuance of licenses (1)[S1]

Import Information

[F]Wood based

productFacility

ID/AddressEvidence

[P1]+more..

123456789012 343456789022553456789012

[S2]

PlantationInformation

[D]

ExportInformation

C: Certification can be used as License

Verified by Complete chain only

Issuance of licenses (2)[S1]

Import Information

[F]Wood based

productFacility

ID/AddressEvidence

[P1]+more..

123456789012 343456789022553456789012

[S2]

PlantationInformation

[D]

ExportInformation

123456789012 343456789022

[D]

ExportInformation

CompleteChain

IncompleteChain

Illustrated by

CoCI System

(click on objectTo see its detail)

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Independent Monitoring of the systems by a third-party (1)

[S1]

Import Information

[F]Wood based

productFacility

ID/AddressEvidence

[P1]+more..

123456789012 343456789022553456789012

[S2]

PlantationInformation

[D]

ExportInformation

123456789012 343456789022

[D]

ExportInformation

CompleteChain

IncompleteChain

Providing grant

To access

CoCI website

For MonitoringUsing C Barcode

Independent Monitoring of the systems by a third-party (2)

•C-Barcode accompanied by a shipment to export

•Third-party can be

- Consumer countries

- EU FLEGT authority

- International organization

- etc.

(Depending on RFD’s policy)

•C-Barcode can be used as Link

Thailand –(link)—China—EU(EU can track back to Thailand)

Thank you

• Prepared by Thada Suwannawimon

• Royal Forest Department

[email protected]

Page 76: Sub regional workshop on timber legality assurance systems - 2010

3. Presentations

3.13 Issues Related to Timber

Legality Assurance in China

Gao Ya

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1

1

ASEAN – MARD - EU FLEGT ASIA TLAS Training Workshop

Hanoi, 24-25 November 2010

Issues Related to Timber

Legality Assurance in China

Gao Ya

European Forest Institute FLEGT

Asia Program

Where does China stand?

The China Timber Industry is comprised of approximately 16,000enterprises.

3000 for flooring (solid wood flooring, laminated flooring, parquetflooring, parquet flooring)

5000 for wood-based panels (plywood, fiberboard, and particleboard)

5000 wood furniture (dining table, chairs, beds, cabinets, and officesupplies)

3000 other wood products (wood door, wood window, wood mouldingsetc).

The volume and value of exportation for all wood products hassignificantly increased for all wood products:

2Source: Presentation “Wood Industry Development Trend in China” by Mr. Li Hongfan, China Wood

International, Inc at China Green Wood Forum Oct 26-28, 2010, Kunshan, China,.

Where does China stand?

China’s share of total trade of tropical timber and timber products

from ITTO producer countries is about 47%

China imports 30%-50% of her total raw materials requirement

China exports 57% of the total output to EU and US market

“The trade impacts of Timber Procurement Policies will largely

depend on how effectively the sustainability and legality

requirements can be met and demonstrated by producers in China

and other in-transit producer countries”-ITTO report, April 2010

3Source: The Pros and Cons of Procurement, Technical Series 34, International Tropical Timber Organizations

EU-China Bilateral Coordination Mechanism on

Forest Law Enforcement and Governance

4

Signed in 2009, start implementing in

2010,EU-China BCM on FLEG is a forum for

-policy dialogue

-information exchange

-consideration of possible shared approach in

combating illegal logging and associated

trade

Key area of activities identified:

•Awareness raising and capacity building on EU FLEGT and Illegal

Timber Regulation (ITR)

•Green Public Procurement of Timber

•Domestic Timber Tracing and Tracking System

•Research on the impact of EU FLEGT and ITR on SME

5

A research program of Chinese Academy of Forestry in collaboration with

ProForest

Running from October 2009 -July 2011, co-funded by UK DFID, DEFRA

and SFA

Aim to provide detailed proposals to the Chinese Government on the

establishment of a practical timber legality verification scheme

Key activities:

•Analysis of market requirements for legal timber and timber products

•Comparative study on existing timber legality verification schemes

•Draft recommendations on timber legality verification schemes

•Pilot testing using the draft legality verification schemes

•Stakeholder consultation

•Development of policy recommendations

Timber Legality Verification Schemes

Source: http://www.proforest.net/projects/timber-legality-verification-schemes/

Green Public Procurement of Timber

In October 2006, the Ministry of Finance and State Environmental

Protection Agency (now Ministry of Environmental Protection) jointly

released a “Public Procurement List of Environmental Label

Products”

Currently 24 product types, include wood-based panel, wooden

flooring and furniture

Legality for domestic source and sustainability for imported source as

part of technical requirements

Future efforts: defining legality and sustainability requirement;

stakeholder involvement; transparency of implementation and

enforcement;

6Source: Presentation “China Environmental Labelling System and Green Government Procurement in China”

http://www.proforest.net/projects/timber-legality-verification-schemes/

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2

Dynamics in the Private Sector

Chain of Custody certificate holder: FSC 1393, PEFC

102, CFCC (piloting, expecting 20 in 2010)

GFTN China: 27 members; 7,993,732 m3

WWF China Green Wood Initiatives

TFT/TTAP: various supply chains identified by EU

buyers; one international supply chain obtained third

party verification

China National Forest Products Industry Association

(CNFPIA) “Code of Conduct” –Guide to Due Diligence

on Wood Origin and Legality

7

Information Source

The Pros and Cons of Procurement, Technical Series 34, International

Tropical Timber Organizations: http://www.itto.int/technical_report/

3rd Annual Int.Conf and Technical Workshops:

http://www.cfcn.cn/cmc3/agenda.asp

EU-China BCM on FLEG: http://www.illegal-

logging.info/item_single.php?it_id=756&it=document

CAF & ProForest TLAS Program: http://www.proforest.net/projects/timber-

legality-verification-schemes/

China Green Procurement Network: www.cgpn.org

www.sepacec.com

GFTN China: http://gftn.panda.org/gftn_worldwide/asia/china_ftn/

China Green Initiatives: www.chinagreenwood.org

China Forest Certification Network: www.cfcn.cn

FSC China: www.fscchina.org

PEFC China: www.pefcchina.org

8

Page 79: Sub regional workshop on timber legality assurance systems - 2010

4. Group Work Presentations

4.1

Thailand

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Thailand

Facilitator: Thomas Pichet

• Thada S. Technical Forest officer RFD

• Banjong W. Certifying division RFD

• Songsak V. Forest expert RFD

• Surin advisor RFD

• Jirawat T. private sector Timber Asso.

Thailand

wants to go

for VPA negotiation

Roadmap for VPA

Short term

• EU visit Thailand 1 Dec.

lessons from Vietnam

structure/ Negotiation

process of Malaysia

• Stakeholder group to be

organized including the

Civil society groups

• Confirmation on the

existing legality definition

and control procedures.

Long Term

• Independent

management

• Benchmarking the

industries

• Single Window fully operational

Single window is part of the VPA roadmap

• Start the pilot project 2011

• Public hearing on the single window

• Selected volunteer private enterprises to

try the system

• Before 2013

Description of general options for TLAS

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Options for Thailand

•Nation based

•License based

Resources

• companies/ private owners registered at RFD

(right to harvest)

• all species except rubberwood and fruit trees

(wood certification division: issue the certificate)

• RFD issue processing certificate / trade

certificate to the required enterprise.

• Annual certificate.

• Law enforcement by National and Environmental

Police

• No new sawmill for natural forest timber allowed only sawmill permits for rubberwood plantation .

Supply chain

• Mobility certification (wood license)

• Paper based

• Soon to be upgraded on-line system through single window Concrete description of

country’s ambition of TLAS

• Clarification needed on rubberwood

• Legality definition to be agreed by stakeholders.

• How to control rubberwood!

• Independent monitoring unit to be developed.

• Institutional placement of the licensing body.

Description of the institutional arrangements for TLAS

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• RFD will facilitate the establishment of the

working groups

– Technical

– Negotiation

– Independent monitoring units (civil society

involvement)

• RFD will link also the present team of

REDD plus

• RFD will have to set up the Flegt licensing

unit verifying the annual certificate + COC (mobility certificates)

Description of support required for TLAS development

• Capacity Building: – Lessons learn, from other countries

– supply chain control

– System upscaling pilot-specific areas/industries-nation wide) : (IT, infrastructure)

– Trainings (definition of legality verification and control/ dissemination of info) for industry/ independent monitoring unit.

– Sensitisation training

• Gap analysis to confirm scope of TLAS (ITTO??)

• Opportunity to back-to-stem tracking system support.

• Wood certification division set up.

• Upgrading/ strengthening verification activities (check-points + on-site verification + processing verification)

Description of (sub) regional

coordination favored for such work (TLAS)

• Regional information sharing & exchanging within the region on TLAS development.

• Information sharing on verification procedures and intel on illegal logging activities in the region.

• Coordination on the On-Line TLAS within the region. (ensure the same IT configurations / same harmonized codes)

Not only legality but also sustainability

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Thailand: TLAS friendly country

Page 84: Sub regional workshop on timber legality assurance systems - 2010

4. Group Work Presentations

4.2

Myanmar

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Moving Towards a Credible TLAS in Myanmar

By Myanmar Working Group 1

Group Composition

4 persons from government authorities;

2 persons from civil society;

2 persons from private sector

Forest and Timber Related Institutions

Ministry of Forestry

- Forest Department (protection/conservation/forest

management)

-Myanmar Timber Enterprise (harvesting, processing and

marketing)

-Planning and Statistics Department (Policy, planning and

coordination)

-Dry Zone Greening Department (reforestation in the dry zone)

Ministry of Trade (issuance of timber export license)

Custom (clearance and documentation)

Union of Myanmar Federation of Chamber of Commerce and

Industry-UMFCCI ( issues certificate for country of origin)

SFM and Certification

Myanmar Timber Certification Committee (Forest Department; MTE;

Forest Resources Environment, Development & Conservation

Association-FREDA; Myanmar Timber Merchant Associations-MTMA;

Ecosystem Conservation and Community Development Initiative-ECCDI)

established 1998

development and revision of Criteria and Indicators based on ITTO

guidelines

C&I pilot tested in two FMUs by MTCC initially

three major training workshops on the implementation of certification

C&I finalized

arrangement made for implementation

ASEAN C&I for timber legality

commitment on the development of TLAS by Government and all

stakeholders

government led initiative considered appropriate

special division to combat illegal timber by Forest Department

in 2009, approx. 56,000 m3 illegal timber seized (total industrial

wood production: 4.3 Mil. m3 in 2009 )

Current situation on Legality of Timber

gathering of information and experiences on the development of

TLAS to meet emerging market requirement

awareness raising among all stakeholders

consider the modality for the development of TLAS (MTCC/a new

body/steering committee)

establishment of national steering committee comprising of all

relevant government agencies and stakeholders

consider principles and criteria for TLAS based on FLEGT guidelines

Action Plan for the Development of TLAS

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2

identification of relevant laws for inclusion in TLAS under each

principle identified

preparation of draft TLAS

stakeholder consultation

modification and refinement based on the outcome of the

stakeholder consultations

pilot testing on the ground

adoption of final TLAS

preparation to undertake negotiations

conclusion of the VPA under the EU FLEGT as a long term objective

Action Plan for the Development of TLAS – Cont. Capacity Building Needs

conduct of awareness campaigns

studies and consultancies on various aspects of development and

implementation of TLAS

training at the national and regional levels

participation in the various workshops and meetings relevant to

development and implementation of TLAS

development of third party monitoring

training for third party monitor

arrangements for accreditation

Thank You!

Page 87: Sub regional workshop on timber legality assurance systems - 2010

4. Group Work Presentations

4.3

Lao PDR

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Prepared by : Delegations from Lao PDR

Presented by: Mr. Vangchai VANG

Facilitator: Mr. Jussi Vuiitanen

Sub-Regional Training Workshop on Timber Legality Assurance24-26 Nov, 2010 Hanoi, Vietnam

Lao Delegates

Total : 9 participants.

Government official: MAF (5), MOIC (1).

Private sector: LNCCI (1), LNWA(1), Private (1).

Timber Legality Assurance System(TLAS)

For the option on TLAS:

The Government should be the one who take theinitiative on this concerned system. Base on the Chain ofCustody (CoC system) and the regulations which wealready have in place. In cooperate with the Privatesectors to established the CoC system.

Develop and harmonize the existed system to complywith ASEAN, EU-FLEGT, International standard andpractice.

Road mapCriteria Actions Stakeholder duration

Legality Feasibility study:- Gap analysis of Lao legal framework in the context of FLEGT TLAS requirements.- Assessment Lao PDR Baseline, Stakeholder and VPA Options scoping study for meeting FLEGT Requirement

MAF, MOIC, MOF, EFI FLEGT Asia Program

Expect to lunch in Dec 2010 or early 2011.

National Consultation to define a mutual definition of “Legality”

The key line ministries Expect to be achieved by the end of 2012

Sharing experiences with experiences countries (Vietnam, Malaysia, Indonesia, etc.)

EU delegations, MAF, MOIC, MOF By 2011

Negotiate with EU for the common Definition of Legality.

EU, MAF, MOIC By 2012

Control of Supply chain

Complare the CoC system with ASEAN, EU Standard

MAF, MOIC, EFI FLEGT Asia, EU, ASEAN

Expected to lunch by mid of 2011

Dissemination of the CoC system MAF, MOIC, MOF 2011 – 2012

Promotion of CoC system in 10 pilot factories

WWF, EFI, MOIC, LNCCI Expect to be achieved by the end of 2011

Fully implementation of the CoC system

MAF, MOIC Expect to be achieved by the end of 2011

ContinueCriteria Actions Stakeholder duration

Verification (supply Chain and Legality Definition)

- Strengthening the national verification institution

MAF, MOIC, MOF, EFI FLEGT Asia Program, ASEAN, EU

Expect to lunch in Dec 2010 or early 2011.

Designation of the Focal point of FLEGT in Lao PDR

MAF, MOIC, REDD+ NSC Expect to be achieved by the end of 2011

Integration of the FLEGT under the National Steering Committee

MAF, MOIC, REDD+ NSC, EU Delegation

Expect to be achieved by the end of 2011

Participation with Regional or International Workshop, Meeting

MAF, MOIC, LNCCI, EU delegations Expect to be achieved by the end of 2012

Promoting the enforcement of the national regulation

EU delegations, MAF, MOIC, MOF By 2011

Independent Monitoring of the entire system

Discussion with EU in the common requirement of the Accredited independent monitoring organization.

MAF, MOIC, EU 2012 – 2013

Define TOR of independent monitoring organization

MAF, MOIC, EU. 2012 – 2013

VPA Negotiation with EU Lao PDR, EU Expect to begin the negotiation by the end of 2012

Institutional Arrangement

Actions Stakeholder duration

Designation of the Focal point of FLEGT in Lao PDR

MAF, MOIC, REDD+ NSC Expect to be achieved by the end of 2011

Integration of the FLEGT under the National Steering Committee

MAF, MOIC, REDD+ NSC, EU Delegation

Expect to be achieved by the end of 2011

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Support• Capacity building

• Training of Trainer

• Awareness raising (Publishing, Guideline, workshop, training)

• Study tour/Sharing Experiences

• Development of Database (TLAS)

• Paper base

• Electronic

EU +

EFI FLEGT Asia Program

• Meeting/Information Exchange among CLMV countries and other ASEAN state member

ASEAN + Mekong Region

Thank you very much

Page 90: Sub regional workshop on timber legality assurance systems - 2010

4. Group Work Presentations

4.4

Cambodia

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Best efforts to TLAS and VPA Development

byCambodian Participants

Content• Group member

• Option for TLAS development

• Commitment to develop TLAS

• Required institutional development/arrangement

• Support required (national and sub-national)

• coordination and modalities

Group member• Resource person: Dr Agus Setyarso

and Dian Sukmajaya• Member1. Suon Sovann2. Khorn Saret3. So Lorn4. Tek Top5. Lu Chu Chang

Option for TLAS development

• Policy is in place but TLAS is just at early stage.• Some technical and guidelines need to be

developed.• Set up a mechanism of timber independent

monitoring by integrate with the national MAR-SFM

• Cambodia status of TLAS is as a part of the presentation (by Mr. Suon Sovan).

• Licensing by the government• Timber supply chain control

Commitment to develop TLAS

High commitment:• TLAS to be cooperation into NFP• Letter to EU• Conducted international events with respect to

TLAS• Has strong program on community forestry and it

encounters minor conflict on land tenure and timber

• Has considered to synchronize TLAS -NFP-ASEAN guideline (C&I)

Required institutional development

• Organization is set up a office under FA and need for additional focus on TLAS

• Government lead – public consultation

– Cross-sector consultation

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Support required (national and sub-national)

Required support such as• policy on TLAS and VPA• institutional capacity on TLAS• Supporting to maintain commitment to keep TLAS and VPA as

priority• Supporting to TWG/FA

– TA and fund to strengthen for certification office – resources to carry out TLAS public and cross sector consultation– strengthen leader (high level ,TA level and staff for capacity building

on TLAS – Imitate establishment of certification bodies– Using IFM- forest crime experience for supporting in establishment of

TLAS-IFM (M&E/FCMRU)

Coordination and modalities

• Encouraging to comply with CLMTV summit spirit

• Bilateral MoU on trans-boundary for maintain and strngthened

• Information sharing among stakeholders

Thank you very much

Page 93: Sub regional workshop on timber legality assurance systems - 2010

4. Group Work Presentations

4.5

Viet Nam

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Steps Towards a Credible Timber Legality Assurance System:

Viet Nam Group Work

Total participants: 17Government (6), CSO (1), Industry (4),

Donors (4), Other (2)

1. TLAS Development

• Legality Definition

• Control of Supply Chain (Timber tracking/CoC/Traceability System)

• Verification

• Licensing

• Independent Monitoring

LEGALITY DEFINITION 1.1

• Domestic timber– Plantations– Natural forest

• Imported timber– High Risk– Low risk

• Unresolved Issues for both domestic and imported timber: – Conversion timber (from natural forest -> other

purposes)– Seized timber

Domestic timber 1.2

• Plantations

– Community Forest (? Not recognized by civil court as legal entity, but there is some ambiguity)

– SFE (State & Private Budget)

– Households (State & Private Budget)

– Private Enterprises (State & Private Budget)

• Natural Forests

– Community Forest (? Not recognized by civil court as legal entity, but there is some ambiguity)

– State Forest Enterprises• Harvesting Quota is not

based on AAC

• SFM is being piloted by some SFEs (a medium/long-term process)

CONTROL OF SUPPLY CHAIN

• General issues applicable to entire Supply Chain:• Online system vs. Paper based• Comply with GoV standards for timber legality (forms, docs,

etc)• Check all documents (C/O, BL, Log lists, etc)

• Supply Chain– Harvest/Imported– Trading (timber)– Transportation– Processing

• Coc / “new” CoC

– Trading (product)– Export/Sell to domestic market

VERIFICATIONWho will take responsibility?

• Government

– Capacity building?

– Cost?

• Non-government

– Capacity building?

– Cost?

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2

Licensing

• Government responsibility (VN group agreed)

Independent Monitoring

• Need further examination

2. Roadmap for Implementation

• PRIORITIES

– Solve problems with high risk sources!

– Plantations!

• 2nd step: Deal with natural forests

• 3rd step: Develop “new” CoC system

• 4th step: Set-up online system

• 5th step: Training of local auditors

3. Institutional Arrangement

• Established Organizational Structure

– Steering Committee

– Standing Office

– Technical Working groups

• Legality Working Grp

• TLAS Working Grp

• Stakeholder Engagement

SUGGESTED ORGANIZATIONAL STRUCUTURE FOR VPA NEGOTIATION (from FLEGT Standing Office)

VIỆT NAM (SOM) MARD: Vice Minister Hua Duc Nhi – Head of VN

negotiation team

GOV, MOFA, Custom Office, MOIT, MOJ STANDING OFFICE(Capacity building)

Ms.. VAN , Mr. Dat,

Mr. Tung, Ms. Hoa)

TECHINICAL W/G 1

TIMBER LEGATILY

Mr. CÔNG

Forest Utilization Dep.

DOF

TECHINICAL W/G 2

TLAS

Mr. KIM

Forest Protection Dep.

DOF

TECHNICAL GROUP

• DOF/MARD: Dr. Ha Cong Tuan

• MARD: Mr. Long ICD, Mr. Tiep-Planning Dep.

• DOF: Mrs. Van, Mr.Nam, Mr.Cong, Mr.Kim,

• VIFOREST, International Projects

TECHINICAL W/G 3

STAKEHOLDER

PARTICIPATION

• Local NGOs

• Social societies

• Industry association

Recommendations

• Improvement of Standing Office

– Need full-time officer?

• Better coordination within MARD

• Better coordination among other Ministries

– Ministry of Industry & Trade

– Ministry of Finance (Customs)

– Ministry of Justice

• Improve REDD linkages

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4. Required Support

• EFI-FLEGT Asia Programme

– e.g. various capacity building, research activities

• GTZ Forestry Program -Third phase

– e.g. Sustainable Forest Management, CoC training

• European Union

– EU/VN Joint FLEGT project

• UN REDD

– One pilot REDD/FLEGT project on plantations

5. Sub-regional Coordination

• Explore existing MOUs

• Develop new MOUs with ASEAN countries

• Improve information sharing mechanisms

• Conduct Study Tours

• Pilot phased project on collaboration between Lao PDR & Viet Nam

THANK YOU!

Page 97: Sub regional workshop on timber legality assurance systems - 2010

5. Overview Table

Commonalities Based on the presentations by the 5 country groups, a number of commonalities were identified and further discussed. The table on the next page gives a brief overview of how the 5 elements (Commitment, Institution, Tasks and open issues, Capacity Building and Regional Coordination) were expressed by each country group and how mentioned topics relate to one another when they are compared regionally. The strong commitment to TLAS development, the need of specific capacity development and the clear interest in regional coordination and exchange became very obvious.

Page 98: Sub regional workshop on timber legality assurance systems - 2010

5. Overview Table

Cambodia Laos Myanmar Vietnam Thailand

Commitment

TLAS early stage High commitment to TLAS

(as part of the National Forest Programme, already contact to EU established)

Start of VPA negotiations planned for 2012

Siging of VPA is medium – long term goal

VPA negotiations started VPA to be signed before 2013

Institutional Aspects

FLEGT office in the Forest Administration

Focal Point FLEGT should be established under the National Steering Committee for REDD

Govt to take the lead

National Steering Committee to be established

National Steering Committee and Secretariat (Standing Office) exists

Strong private sector involvement important

Coordination between MARD and other Ministries important

Fulltime staff for Standing Office needed

Certification division in the Royal Forest Department to take the lead

3 specific work groups to be established

Strong private sector involvement important

Gaps and Open Issues

To be identified Legality Definition Study on gaps Consultations Control / CoC Gap analysis Pilot FSC CoC work (more

private sector CoC) Independent Monitor ToR

Basis for TLAS work: SFM and certification

TLAS Development to be started

Legality Definition Conversion timber Legal status of community

plantations Seized timber Imports Criteria for high and low

risk source countries needed

Verification/Licensing By whom (Gov / Non-Gov)? Independent Monitor More info needed

Gaps to be identified and studied, in particular on CoC for rubberwood

Licensing Legality definition process Independent Monitoring

Capacity Building Needs

Consultation process Independent Monitoring Awareness

Awareness raising General trainings Enforcement Regional cooperation

Studies Awareness raising Independent Monitoring

Studies Specific FLEGT project Pilots REDD – FLEGT Online timber tracking

system More private sector CoC

(FSC)

Awareness raising Verification and

enforcement Up-scaling of rubberwood

studies

Regional Coordination

Synchronise TLAS – ASEAN framework

Bilateral MoUs to be put to work

Regional coordination Synchronise TLAS – ASEAN

framework Share experience VN, IN,

MY

ASEAN framework basis for development

Regional Coordination important

Bilateral MoUs to be put to work

ASEAN framework important

Link REDD - FLEGT

Benchmark for VPA process are VN, IN, MY

Regional exchange important

Intelligence sharing on illegal logging

Page 99: Sub regional workshop on timber legality assurance systems - 2010

6. Fieldtrip to Woodsland

On the 26th of November, the workshop participants joined a fieldtrip organised by GTZ Vietnam to visit Woodsland, a company that produces furniture for IKEA. The participants were taken through the Woodsland factory where the entire production process of several IKEA products was explained. After the factory visit a company representative held a presentation about Woodsland’s supply chain, the sourcing and procurement of its timber and supplier assessment. After the presentation, a Q & A session and a final lunch for the participants the workshop was concluded.

Page 100: Sub regional workshop on timber legality assurance systems - 2010

6. Fieldtrip to Woodsland

Programme

Page 101: Sub regional workshop on timber legality assurance systems - 2010

Programme “Sub-Regional Training Workshop on Timber Legality Assurance”

Field visit Woodlands 26.11.2010 (draft version 15.11.2010)

Objectives:

- To learn about the supply chain management of private sector (Woodsland company)

- Identify elements for Timber Legality Assurance System

Time: 8:00 – 14:00, 26th November 2010

Location: Woodsland Company

Agenda

Time Topics Methods Responsible person Location

Wednesday (25.11.2010)

17:00 – 17:30 Preparation of the field day:

- Task delegation to participants during the field trip

- Overview about the programme of the field day

- Basic information about Woodsland

- Announcement about logistics for the field day

Presentation

Q&A

Alex Hinrichs - EFI

Heiko Woerner – GTZ

Van Anh - GTZ

Intercontinental

hotel

Thursday (26.11.2010)

8:00 Departure Van Anh

8:30 – 9:00 Welcome

Introduction by the delegation

Introduction to Woodsland Company (history, businesses, main

clients, capacity, suppliers of raw material)

Speech

Ms. Tuyet – Woodsland

Mr. Chinh - Woodsland

Alex Hinrichs

Woodsland’s

production sites

9:00 – 10:00 Visit to production site (complete chain from purchasing raw material

to delivery):

- Overview about the raw material purchasing area (sources and

types of raw materials, what to be checked before raw materials

in, labelling in the warehouse, management forms)

- Introduction to tracebility of timber in each production step

Input and Output (Conversion factor)

Segregation

Labelling

Monitoring form

Visit and

speech

Representatives of purchasing

area

Production manager

Woodsland’s

production sites

Page 102: Sub regional workshop on timber legality assurance systems - 2010

10:00 – 10:30 Moving from the production site to the nearby restaurant

Coffee break

Van Anh Nearby Hotel

10:30 – 11:00 Presentation about Woodsland supply chain management:

- IKEA’s requirement to supply chain management

- Purchasing policy (requirements to forest households and SFEs,

sawmills)

- Production management/production management flow chart in

Woodsland’s factory

- Critical points and difficulties in supply chain control

Presentation Mr. Chinh – Woodsland Nearby Hotel

11:00 – 12:00 Q&A

Discussion on elements of TLAS

Plenary

discussions

Participants

Mr. Chinh - Woodsland

Alex Hinrichs (moderator)

Nearby Hotel

12:00 – 12:15 Conclusions Speech Alex Hinrichs

12:15 – 13:30 Lunch Van Anh Nearby Hotel

13:30 – 14:00 Back to Hanoi Van Anh

Page 103: Sub regional workshop on timber legality assurance systems - 2010

6. Fieldtrip to Woodsland

Presentation by Woodsland

Page 104: Sub regional workshop on timber legality assurance systems - 2010

11/25/2010

1

Welcome to WoodslandCÔNG TY CỔ PHẦN WOODSLAND

Lô 11, KCN Quang Minh, Mê Linh, Hà Nội.ĐT: +84. 435 840 122 - Fax: +84. 438 134 944

Email: [email protected]

Introduction to

Woodsland joint stock company

• Established and operational since 2002– with modern processing technology

• Capacity: 10,000m3 of output per year

• Main products: indoor and outdoor furniture, plastic doors and windows

• Woodsland’s clients: – For export: IKEA, Habufa (two main

clients, products are exported to many countries such as USA, Germany, Russia, Japan, Sweedenand Netherland)

– For domestic market: Kitchen, building projects such as VP Bank, Artex buidling, Happy House Garden apartment buidling, Viet Hung apartment building, etc.

Page 105: Sub regional workshop on timber legality assurance systems - 2010

11/25/2010

2

Raw material needs

• 2004: 1000 m3 sawn timber, equivalent to 2500 m3 logs

• 2005: 3000 m3 sawn timber, equivalent to 7500 m3 logs

• 2006: 6000m3 sawn timber, equivalent to 9000 m3 logs

• 2007: 8000 m3 sawn timber, equivalent to 20000m3 logs

• 2008: 10000m3 sawn timber, equivalent to 25000m3 logs

• 2009:15000m3 sawn timber, equivalent to 37500m3 logs

• 2010: 18000m3 sawn timber, equivalent to 45000m3 logs

Species of timber

• For export: 100% acacia from domestic plantations.

• Domestic market: Oak, Ash, Pine imported from USA, Russia

Page 106: Sub regional workshop on timber legality assurance systems - 2010

11/25/2010

3

Woodsland’s supply chain

Supply chain:

Traders of logs

Nhà buôn gỗ tròn

Xưởng xẻ

Gia công tinh

Forest owners (households,

SFE)

Traders of logs

Sawmill

Secondary processing

Timber sourcing requirements

The following 5 criteria should be respected:1- Wood must be produced in compliance with national

legislation2- Wood must not originate from the forest where social

conflicts still exist3- Wood must not originate from intact natural forests or

high conservation value forests, unless certified4- Wood must not originate from plantations established

by replacing intact natural forests5- Wood must not originate from forests in which

genetically modified trees are planted for commercial purpose

Page 107: Sub regional workshop on timber legality assurance systems - 2010

11/25/2010

4

No

Procurement & material control procedures

Need assessment and

planning

Contact to suppliers

on supplierAssessment on supplier

Commitment to IKEA

forestry criteria

Procurement &

transport to warehouse

Check by QC

Storing in warehouse

YesNo

OK

Checklists in supplier assessment:

- Suppliers’ capacity:

(1) Conditions (machineries, factory, workers)

(2) Product quality

(3) Price

(4) Mode of payment

(5) Commitments

- Requirements on documents provided by the suppliers

(1) Copy of harvesting permit of forest owner

(2) Copies of purchasing contracts between different

actors in supply chain before selling timber to Woodsland

(3) Copies of invoices from forest to suppliers

(4) Copies of customs documents (for imported timber)

(5) Copies of log lists/delivery notes

(6) Transportation permit, transportation documents

(7) Copies of Origin Certificate (C/O)

(8) Copies of Forest Protection Department’s check

(9) Map of harvesting areas (if available)

Back to supplier

Supplier assessment

Assessment on suppliers’ capacity Assessment on documents about raw material sources

Page 108: Sub regional workshop on timber legality assurance systems - 2010

11/25/2010

5

Announcing and getting commitment to IKEA

requirements

- The suppliers should be aware of following IKEAstandards before supplying to Woodsland:

- IWAY standards on Minimum Requirements forEnvironment and Social & Working Conditionswhen Purchasing Products, Materials and Services.

- IKEA regulations on child labors’ prevention.

- IWAY standards on forestry requirements for woodsuppliers.

- Supplier should sign a written commitment thatsource of timbers is correct and legal and compliant tolaws and IKEA standards

Documentation requirements for

the supply chain – forest owners are companies

1A.- FOR FOREST OWNER (FOREST COMPANY)

- IF FOREST COMPANY UNDER MANAGEMENT OF THE PROVINCE: DARD’ HARVESTING

PERMIT

- IF UNDER MANAGEMENT OF CORPORATION: CORPORATION’S HARVESTING

DECISION

- TRANSPORATION LIST – CERTIFIED BY LOCAL FOREST PROTECTION

- LOG LIST

- HARVESTING DESIGN DOCUMENTS (if any)

2A FOR INTERMEDIATE TRADER WHO PURCHASES TIMBER FROM FOREST

COMPANIES

- ALL DOCUMENTS MENTIONED IN 1A

- TRANSACTION CONTRACT BETWEEN THE TRADER AND FOREST COMPANY

3A FOR THE SAWMILL WHO PURCHASES TIMBER FROM INTERMEDIATE TRADERS

- ALL DOCUMENTS MENTIONED IN 2A

- TRANSPORATION LIST OF THE TRADER – CERTIFIED BY FOREST PROTECTION (applied

for the case to logs are transported from forest company to other places before being sold to

sawmill)

- LOG LIST DEVELOPED BY THE TRADER

- DELIVERY MINUTE BETWEEN THE SAWMILL AND THE TRADERS

- TRANSACTION CONTRACT BETWEEN THE SAWMILL AND LOG TRADER

Page 109: Sub regional workshop on timber legality assurance systems - 2010

11/25/2010

6

Documentation requirements for

the supply chain – forest owners are companies

4A FOR THE SAWMILL WHO PURCHASES TIMBER DIRECTLY FROM

FOREST COMPANY

- ALL THE DOCUMENTS MENTIONED IN 1A.

- DELIVERY MINUTE BETWEEN SAWMILL AND THE FOREST COMPANY

(if the sawmill purchases the standing trees of forest company, the document is not

needed).

- TRANSACTION CONTRACT BETWEEN SAWMILL AND FOREST COMPANY

5A WOODSLAND’S REQUIREMENTS FOR SAWMILLS

- ALL DOCUMENTS MENTIONED IN 3A IF SAWMILL PURCHASES LOGS

FROM INTERMEDIATE TRADERS AND 4A IF SAWMILL PURCHASES LOGS

DIRECTLY FROM FOREST COMPANY (copies).

- TRANSACTION CONTRACT BETWEEN SAWMILL AND WOODSLAND

COMPANY

- TRANSPORT DOCUMENTS (IF THE SAWMILL IS HOUSEHOLD �

TRANSPORT LIST CERTIFIED BY COMMUNE AUTHORITIES, IF SAWMILL IS

ENTERPRISE � INVOICE)

1B.- FOR FOREST OWNER (HOUSEHOLDS)

- LETTER OF APPLICATION FOR HARVESTING, WITH AGREEMENT BY FOREST

PROTECTION AND COMMUNE AUTHORITY

- TRANSPORATION LIST – CERTIFIED BY COMMUNE AUTHORITY AND LOCAL

FOREST PROTECTION

- LOG LIST

2B FOR INTERMEDIATE TRADER WHO PURCHASES TIMBER FROM

HOUSEHOLDS

- ALL DOCUMENTS MENTIONED IN 1B

- DELIVERY MINUTE BETWEEN FOREST OWNER AND TRADER (if standing tree is sold

by the forest owner, this document is not needed)

- TRANSACTION CONTRACT BETWEEN THE TRADER AND FOREST OWNER

3B FOR THE SAWMILL WHO PURCHASES TIMBER FROM INTERMEDIATE

TRADERS

- ALL DOCUMENTS MENTIONED IN 2B

- TRANSPORATION LIST OF THE TRADER – CERTIFIED BY FOREST PROTECTION

AND COMMUNE AUTHORITY (applied for the case to logs are transported from

households to other places before being sold to sawmill)

- LOG LIST DEVELOPED BY THE TRADER

- TRANSACTION CONTRACT BETWEEN THE SAWMILL AND LOG TRADER

- DELIVERY MINUTE BETWEEN THE SAWMILL AND THE TRADERS

Documentation requirements for

the supply chain – forest owners are households

Page 110: Sub regional workshop on timber legality assurance systems - 2010

11/25/2010

7

4B FOR THE SAWMILL WHO PURCHASES TIMBER DIRECTLY FROM

HOUSEHOLDS

- ALL THE DOCUMENTS MENTIONED IN 1B.

- DELIVERY MINUTE BETWEEN SAWMILL AND HOUSEHOLDS (if the sawmill

purchases the standing trees of forest owner, the document is not needed).

- TRANSACTION CONTRACT BETWEEN SAWMILL AND HOUSEHOLD

5B WOODSLAND’S REQUIREMENTS FOR SAWMILLS

- ALL DOCUMENTS MENTIONED IN 4B IF SAWMILL PURCHASES LOGS

DIRECTLY FROM HOUSEHOLD AND 3B IF SAWMILL PURCHASES LOGS

FROM INTERMEDIATE TRADERS (copies).

- TRANSACTION CONTRACT BETWEEN SAWMILL AND WOODSLAND

- TRANSPORT DOCUMENTS (IF THE SAWMILL IS HOUSEHOLD �

TRANSPORT LIST CERTIFIED BY COMMUNE AUTHORITIES, IF SAWMILL

IS ENTERPRISE � INVOICE)

Documentation requirements for

the supply chain – forest owners are households)

Raw material control in production

management

Production steps Labels/tags used Responsible persons

Warehouse of fresh

sawn timber

Warehouse tags Warehouse owner

Drying Pallet tags Head of Drying session

Selection of sawn

timber

Pallet tags Head of the session

Primary processing Pallet tags Head of the session

Secondary processing Pallet tags Head of the session

Assembly Pallet tags Head of the session

Finishing – packaging Pallet tags Head of the session

Warehouse of finished

products

Product’s label Warehouse owner

Page 111: Sub regional workshop on timber legality assurance systems - 2010

11/25/2010

8

DIFFICULTIES IN SUPPLY CHAIN CONTROL

1- Most of the suppliers are households, it is difficult to

instruct them how to comply to all IKEA forestry

requirements.

2- Woodsland and suppliers don’t have COC system �

difficulties in timber tracing back from the finished

products to the harvesting site.

3- Because raw material is not separated, difficulty in

controlling timber use in the factory, i.e. conversion

factors, right use of sawn timber with different

specification

THANK YOU

Page 112: Sub regional workshop on timber legality assurance systems - 2010

Annex A – List of Participants

Annex A

List of Participants

Page 113: Sub regional workshop on timber legality assurance systems - 2010

Dated 25 November 2010 as at 2:15p.m.

ASEAN Working Group on a Pan-ASEAN Timber Certification Initiative, Sub-Regional Training Workshop on Timber Legality Assurance Systems

(TLAS)

24-26 November 2010

InterContinental Hotel West Lake, Hanoi, Viet Nam

LIST OF PARTICIPANTS

No. Name Position Organisation Region

1 Mr Keophouvong Chanthapanya

Technical Department of Forestry Inspection, Ministry of Agriculture and Forestry

Lao PDR

2 Mr Phomma Pathoummavong

Management, Forest Certification Coordinator

Department of Forestry, Ministry of Agriculture and Forestry Management

Lao PDR

3 Mr Khamphout Phandanouvong

Deputy Director General

Department of Forest Inspection (DoFI)

Lao PDR

4 Mr Bounsouane Phongphichith

Deputy Director of Planning Division

Department of Forestry (DoF)

Lao PDR

5 Mr Phonesavanh Sophakhamphanh

Deputy Head of Forestry Inspection Division

Department of Forest Inspection (DoFI)

Lao PDR

6 Mr Vangchai Vang Technical Department of Import and Export (DoIE), Minisry of Industry and Commerce

Lao PDR

7 Mr Phutthasone Phomvisay

Head of Trade, Investment and Promotion Department

Lao National Chamber of Commerce and Industry

Lao PDR

8 Mr Thongsavanh Soulignamat

President Lao National Wood Association

Lao PDR

Page 114: Sub regional workshop on timber legality assurance systems - 2010

Dated 25 November 2010 as at 2:15p.m.

No. Name Position Organisation Region

9 Mr Win Maw Assistant Director, Planning and Statistics Division

Forest Department Myanmar

10 Mr Than Htay Deputy Director, Planning and Statistics Division

Forest Department Myanmar

11 Mr Maung Maung Naing

Assistant Director, Natural Forest and Plantation Division

Forest Department Myanmar

12 Mr Tin Soe Deputy General Manager

Myanmar Timber Enterprise Myanmar

13 Mr U Sann Lwin Secretary (Finance) Forest Resource Environment Development & Conservation Association (FREDA)

Myanmar

14 Mr Soe Min Naing Member Ecosystem Conservation & Community Development Initiative

Myanmar

15 Mr Myo Myint Deputy General Manager

Myanmar Timber Enterprise Myanmar

16 Mr Zaw Win

Chairman of the Committee for Development of Forestry Sector

Myanmar Timber Merchants Association

Myanmar

17 Mr Thada Suwannawimon

Technical Forest Officer

Royal Forest Department of Thailand

Thailand

18 Mr Banjong Wongsrisoontorn

Senior Forest Official, Permission Bureau

Royal Forest Department of Thailand

Thailand

19 Mr Songsak Vitayaudom

Forest Expert Royal Forest Department of Thailand

Thailand

20 Mr Surin Vivajsirin Advisor Royal Forest Department of Thailand

Thailand

Page 115: Sub regional workshop on timber legality assurance systems - 2010

Dated 25 November 2010 as at 2:15p.m.

No. Name Position Organisation Region

21 Mr Jirawat Tangkijngamwong

Chairman Timber Merchant Association Thailand

22 Mr So Lorn Deputy Director

Department of Forest Industry and International Cooperation - Forestry Administration

Cambodia

23 Mr Khorn Saret Deputy Director Department of Forest and Community Forestry - Forestry Administration

Cambodia

24 Mr Suon Sovann Deputy Director Department of Legislation and Law Enforcement - Forestry Administration

Cambodia

25 Mr Tek Top Official Department of Legislation and Law Enforcement - Forestry Administration

Cambodia

26 Mr Lu Chu Chang Chairman Cambodian Timber Industry Association

Cambodia

27 Mr Tran Kim Long

Deputy Director General, International Cooperation Department

Ministry of Agriculture and Rural Development

Vietnam

28 Mr Pham Ngoc Mau

Deputy Director, Bilateral Cooperation Division, International Cooperation Department

Ministry of Agriculture and Rural Development

Vietnam

29 Mr Luu Tien Dat Official Department of Science, Technology and International Cooperation, VNDOF

Vietnam

30 Mr Nguyen Thanh Tung

Official Standing Office for FLEGT and Lacey, VNDOF

Vietnam

31 Mrs Tran Thi Hoa Official Nature Conservation Department, VNDOF

Vietnam

Page 116: Sub regional workshop on timber legality assurance systems - 2010

Dated 25 November 2010 as at 2:15p.m.

No. Name Position Organisation Region

32 Mr Vu Thanh Nam Official Department of Forest Utilization, VNDOF

Vietnam

33 Mr Chu Ngoc Quan Official Vietnam CITES Management Authority

Vietnam

34 Mr Pham Trong Minh

Deputy Director Vietnam Forest Corporation Vietnam

35 Mrs Ho Thanh Huyen

Official Vietnam Forest Corporation Vietnam

36 Mr Huynh Van Hanh Vice Chairman Handicraft and Wood Industry Association of HCM (HAWA)

Vietnam

37 Mr Tran Le Huy Acting Secretary Forest Products Association of Binh Dinh

Vietnam

38 Ms Berenice Muraille

Head of Cooperation and Development

EU Delegation to Vietnam Vietnam

39 Dr Juergen Hess Chief Technical Advisor

GTZ Vietnam Vietnam

40 Mr Heiko Woerner Technical Adviser Vietnamese - German Forestry Programme

Vietnam

41 Ms Quach Hong Nhung

Processing, Trade and Marketing Component

Vietnamese - German Forestry Programme

Vietnam

42 Ms To Thi Thu Huong

Official Vietnamese - German Forestry Programme

Vietnam

43 Ms Le Thi Van Anh Official Vietnamese - German Forestry Programme

Vietnam

44 Ms Felise Hai-Ly Nguyen

FLEGT Advisor for Vietnam

EFI FLEGT Vietnam

45 Ms Gao Ya Junior Technical Officer

EFI FLEGT Asia in Kuala Lumpur

Malaysia

Page 117: Sub regional workshop on timber legality assurance systems - 2010

Dated 25 November 2010 as at 2:15p.m.

No. Name Position Organisation Region

Resource Person

46 Mr To Xuan Phuc Southeast Asia Analyst, Finance and Trade Program

Forest Trends Vietnam

47 Dr Agus Setyarso Chairman of the Board

Indonesia Ecolabeling Institute (LEI)

Indonesia

48 Dr Freezailah bin Che Yeom

Chairman Malaysian Timber Certification Council

Malaysia

49 Mr Dian Sukmajaya Technical Officer ASEAN Secretariat ASEAN

50 Dr Alexander Hinrichs

Consultant EFI FLEGT Asia Germany

51 Mr Thomas Pichet Legality Assurance System Expert

EFI FLEGT Facility Finland

52 Mr Jussi Viitanen Forest Governance Expert

EFI FLEGT Facility Finland

Observer

53 Ms Guiliana Torta European Commission Brussels

54 Mr Hoang Thanh The Delegation of the European Union to Vietnam

Vietnam

55 Mr Lutz Kulenkampff

Consultant Niedersachsische Landesforsten

Germany

Secretariat

56 Ms Anne Anantom Office Assistant EFI FLEGT Asia Malaysia

57 Mr Tom ter Horst Communications Officer

EFI FLEGT Asia Malaysia

58 Ms Hua QueLam Assistant EFI FLEGT office in Vietnam Vietnam

59 Ms Thu Hang Official International Cooperation Department, Ministry of Agriculture and Rural Development

Vietnam

60 Ms Diem Lam Official Vietnam

Page 118: Sub regional workshop on timber legality assurance systems - 2010

Annex B – Questionnaire Results

Annex B

Questionnaire Results

Page 119: Sub regional workshop on timber legality assurance systems - 2010

Annex B – Questionnaire Results

Question 1 What are the three things you liked best about the training workshop? Three themes were frequently mentioned by the participants. First and foremost, the experience of hearing the inputs from other participants / countries was highly valued. Besides that, the manner in which the workshop was structured and organised was seen as a positive aspect. Finally, learning about TLAS and increasing the knowledge about TLAS was seen as beneficial. Other themes mentioned were:

Moderation

Presentations / Resource persons input

Logistics

Briefing note on ASEAN for legality of timber

Warm welcome and hospitality of the host country

Fieldtrip

Question 2 Were there any matters you did not like about the training workshop? One theme that came up frequently was the fact that a number of participants did not like the sound facilities, e.g. the lack of microphones and other issues with the sound system. Apart from that, the following themes were highlighted:

Low level of participation

Lack of openness and transparency about results of workshop

Few dominating participants

Few Vietnamese participants

Short time for presentations

Not many workshop documents

Not enough cooperation with others

Little input from private sector

No need for a joint statement, only workshop report necessary

Page 120: Sub regional workshop on timber legality assurance systems - 2010

Annex B – Questionnaire Results

Question 3 During the group work, you have developed ideas for future TLAS related work in your country / in the region. How will you follow up these ideas in organisation / country? Quite a number of participants indicated that they will report to and discuss the TLAS related work with the relevant government departments and other stakeholders in their country. Participants also indicated that they would start working towards a (draft) TLAS in their country. Other follow-ups mentioned were:

Purchasing procurement system

Use FLEGT as a tool for SFM

Use FLEGT as a tool for dealing with all stakeholders

Use FLEGT as a tool for National Forest Programme

Start working towards the development of a VPA

Compare workshop ideas with progress in country

Question 4 Do you have any suggestions for improving these kind of events in the future? The main suggestion for improvement was to have these kind of events in more (ASEAN) countries, preferably several times a year. In addition, it was mentioned that more participation and more group work would be an improvement. Another suggestion was to assign more time for such a workshop, in order to reach all the goals set. Other suggestions were:

Overcome language problems

Need to send documents before the workshop

More resource persons

More workshops (2 - 3 a year)

Page 121: Sub regional workshop on timber legality assurance systems - 2010

Annex B – Questionnaire Results

Question 5 On a scale of 1 - 6 (1 is best), please rate the following aspects;

0

2

4

6

8

10

12

1 2 3 4 5 6

No

. of

Par

tici

pan

ts

Rating

1. Classroom work (presentations and discussions)

1. Classroom work (presentations and discussions)

0

2

4

6

8

10

12

1 2 3 4 5 6

No

. of

Par

tici

pan

ts

Rating

2. Group Work

2. Group Work

Number of participants rating the classroom work of the workshop from 1 (best) to 6 (worst)

Number of participants rating the group work during the workshop from 1 (best) to 6 (worst)

Page 122: Sub regional workshop on timber legality assurance systems - 2010

Annex B – Questionnaire Results

0

2

4

6

8

10

12

1 2 3 4 5 6

No

. of

Par

tici

pan

ts

Rating

3. Organisation and administration

3. Organisation and administration

0

2

4

6

8

10

12

1 2 3 4 5 6

No

. of

Par

tici

pan

ts

Rating

4. Overall rating of the training workshop

4. Overall rating of the training workshop

Number of participants rating the training workshop from 1 (best) to 6 (worst)

Number of participants rating the organisation and administration of the workshop from 1 (best) to 6 (worst)