I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

BMZ Conference Forest for the Future11-12 June, 2013 Berlin

Forest Standards in Public Procurementand

Sustainable Building Policies

I S A F O R Erik Lammerts van Bueren

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public ProcurementFour key messages

• In order to create solid ground for implementing their TPP, Governments have to establish their own reference framework including SFM criteria

• Harmonisation, among MS, of criteria and ways of assessment of (Certification systems for) sustainably produced timber is highly desirable and effective.

• Unbridled proliferation of source and product oriented standards can impose unequal requirements on the management of the forest. Equal requirements is a must

• Legislation/regulation is key for turning demand towards legal and sustainably produced timber and biomass and for effectively influencing SFM (Self binding rules for Governments, EUTR,RED)

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

History

• Deforestation and degradation of Tropical Rain Forests was main trigger for private sector initiatives to certify timber

• FSC 1993

• PEFC 1999

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

Procurement Policies

• Procurement policies are driven strongly in countries with:– Powerful NGO movement – Substantial tropical timber import volume,

• Two governmental roles: – Government as legal entity; self binding – Government as public legislator; regulations binding

for all or selected actors in the country (sanctions)

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

Requirements for a Sound TPPPolicy must be compatible with:

• WTO, EU and National legislation EU treaty

– Non-discrimination, equal treatment, transparency, proportionality

EU Procurement Directives 2004/17/EC and 2004/18– Art 23: prohibits to refer to standards of CS as a bench mark for SFM Simply referring to FSC/PEFC or similar is not allowed

• To create solid ground for implementing their TPP Governments have to establish their own criteria and reference framework

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

The Netherlands experiment

• The Dutch Government established in 1997 "Minimum requirements for SFM”

• Parliament decided to elaborate the Minimum requirements into a standard of P & C.

• It took 5 years to agree on a Standard in a consultative process. Requirements for certification protocols were added.

• Ad hoc committee assessed Certification systems against the Dutch standard. No CS passed!!!! Standard was simplified.

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public ProcurementTimber Procurement Assessment System (1)

TPAS

• TPAS components:– Timber Procurement Assessment Committee (TPAC),

5 independent members plus a secretary. – 3 normative documents as its reference framework:

• SFM standard; • CoC standard; • DAM standard; Development, Application and Management

of certification systems,. • In addition: PEM standard; the Procedure on Endorsement of

Certification Systems by a Meta-System

– User Manual, including a scoring system and objection and appeal procedure

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public ProcurementTimber Procurement Assessment System (2)

TPAS• Assessment by 2 step approach:

– 1) Analysis: if and in what way is each TPAS criterion being addressed by the CS.

– 2) Judgement: TPAC evaluates the way each TPAS criterion is being addressed. Review by the System manager at least two times.

• Actual performance of the CS or Umbrella system is taken into account (practice test). – Stakeholder forum– Audit reports

• Final decision by responsible Minister

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

The Netherlands experienceconclusions

• TPAC judgement recognised in BREAM protocol• Consumption of certified sawn wood including

plywood and boards has risen substantially:– 2008 33,5% of total consumption (6,6 mil m3)– 2011 66,7% of total consumption (5.8 mil m3)

• Compliance market is best guarantee for growth of demand

• Implementation of TPP based on a solid reference framework keeps Certification systems sharp

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

The Netherlands experienceconsumption of sustainable wood

• Consumption 2011 sawn wood and plywood and boards 5.8 million m3 r.e.– Construction 38%; – Packaging sector 23%; – Road and water works 12%; – Furniture 12%; – DIY and Garden sector 11%; – other 4%;

• PEFC 2.5 million M3 FSC 1.4 million M3

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

The International Context (MS)• Most EU member states lack a transparent reference

framework for the justification of accepting FSC and PEFC certificates as evidence for SFM

• Differences in sustainability requirements and assessment procedures between EU member states cause confusion and constraints with the timber trade and certification systems.

• Harmonization of reference frameworks and assessment procedures is therefore highly desirable.

• Cooperation in assessing certification systems and category B evidence avoids double efforts and saves financial and human resources.

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

The International Context (EC)• ADWG 2010,"Public procurement of wood and wood

based products“ concluded: – “sustainable produced timber” can qualify as subject matter – criteria of all three pillars of sustainable production, including

criteria regarding use and tenure rights of the forest, are appropriate in the technical specification and/or the award stage of wood and wood products.

• EC GPP Communication 2008 “Public Procurement for a Better Environment” advices:– legally harvested forests as minimum technical specification for

supply contracts and as contract performance clauses for work contracts.

– compliance with sustainability criteria which are linked to the subject matter of the contract is proposed as award criteria.

– Reference standards PEOLG, UNCED principles, ITTO, etc

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

The International Context

• EUTRT Legal

• FLEGT Legal

• EU-RED Sustainable Biomass

• REDD+ Carbon

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Proliferation of standardsSource

Single source Various sources

Societal function = service, or product specific application of raw material.

Single function

1)Energy generationNatural forest

2) Energy generationNatural forest; plantation; shelterbelt; natural short vegetation; agriculture.

Multiple functions

3)Energy generation; timber for construction; paper; CO2-fixation; water supply; recreation; employment.Natural forest

4)Energy generation; timber for construction; paper; CO2-fixation; water supply; recreation; employmentNatural forest; plantation; shelterbelt; natural short vegetation; agriculture.

In 4) not every forest can fulfil all the social functions which are given as examples

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement Proliferation of standards

Complete standards have two components to safeguard the conservation of biodiversity:Spatial component: criteria with a spatial

dimension (separation of functions within the FMU)

Component addressing the quality of the intervention: process criteria and/or criteria describing a characteristic of the ecosystem

(integration of functions)

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

Thank you for your attention

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement Proliferation of standards

source oriented standardsLegal forest management/ legal wood SGS: TLTV (VLO and VLC) Smart Wood: LO and LC Bureau Veritas: OLB FSC: CW etc.

Sustainable forest management / sustainably produced wood

FSC PEFC and systems endorsed by PEFC (CSA; SFI; MTCS; FFCS; etc.) ISO Environmental management system RIL standard, Tropical Forest Foundation (USA) etc.

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement Proliferation of standards

product oriented standardsSustainable biomass Criteria for Sustainable Bioenergy use on a global scale (Germany) Testing Framework for sustainable biomass (NTA) (Netherlands) Round Table for Sustainable Biofuels (RSB) Round table for Sustainable Palm Oil (RSPO) etc

CO2 storage Clean Development Mechanism (CDM A/R) Gold standard (GS) Climate, Community & Biodiversity Standards (CCBS) Voluntary carbon Standard (VCS) Chicago climate exchange (CCX) Voluntary Offset Standard (VOS) Plan Vivo etc

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

FLEGT

• Definition of Legally produced timber (compliance with Legislation relevant for SFM and timber trade) – rights to harvest– requirements regarding forest management, including

compliance with relevant environmental, labour and community welfare legislation

– taxes, duties, royalties and fees related to harvesting and timber trade

– respect for tenure and use rights to land and resources

– requirements for trade and exports

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

FLEGT (2)

• Definition of Legally produced timber

• Legality Assurance System (LAS)

• Timber Licensing Scheme

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

EUTR (regulation 995/2010)

• Definition of applicable legislation (country of harvest):

- rights to harvest timber within legally gazettes boundaries- payments for harvest rights and timber including duties

related to timber harvesting- timber harvesting, including environmental and forest

legislation including forest management and biodiversity conservation, where directly related to timber harvesting

- third parties' legal rights concerning use and tenure that are affected by timber harvesting,

- trade and customs, in so far as the forest sector is concerned

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

EUTR (regulation 995/2010) (2)

• Obligations of operators: (placing timber on the market)

– risk mitigation procedures– risk assessment– access to information

• Obligations of traders: they shall be able to identify:

– the operators or traders who have supplied the timber– traders to whom they have supplied timber and timber

products

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public Procurement

EU-RED (regulation)

• Art.17 Biofuels and bioliquids shall not be made from raw material obtained from:– primary forest – areas designated for nature protection

purposes

I S A F O R: “Forests for Future Generations, 11-12 June, 2013 Berlin

Forest Standards in Public ProcurementTimber Procurement Assessment System (3)

TPAS

• Category B evidence = – Any credible documentary evidence, other than a

certificate, that provides assurance that the timber has been sustainably produced.

• TPAC assists government procurement officers in assessing category B evidence for sustainably produced timber and for legal timber.