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December 2004

AFP WORK PLAN (Legality 2)

1. Title of the Work Plan

Formulating guidelines for systems to verify/assess the legality of timber within the context of sustainable forest management

2. Main objectives of the Work Plan

Main objective of this workplan is to develop a guideline for the verification of legality of timber.

The role of forest or timber certification in addressing illegal logging and determining a “minimum standard of legality” that would satisfy consuming country demands has been addressed to some extent at the AFP. Many look upon forest management certification as a workable means that can contribute to the solution to illegal logging. However, forest certification is a very slow and difficult process, notably in the tropics. For example, the only timber certification schemes in operation in the ASEAN region are the LEI scheme in Indonesia and the MTCC scheme in Malaysia, although many of the other ASEAN Member Countries are in the initial stages of developing certification standards and procedures. Indeed, ASEAN has commenced a process to develop a regional timber certification scheme by phases.

The realization regarding the complexity and slow pace of developing and implementing forest certification has inevitably increased the support for a step-wise or phased approach towards SFM and certification. A common concept is a three-step model which divides timber in three verified classes pertaining to its production circumstances:

  • Legal

  • Legal and implementing a program to achieve sustainability (i.e. legal and progressing towards sustainability)

  • Legal and sustainable (SFM certificate)

Legal compliance (respect of national and local laws) is one of the basic requirements of any certification scheme. Forest certification can therefore provide a practical and realistic means to verify the legal origin of timber products in a credible and market-acceptable manner.

It is therefore appropriate that any system to establish legality of timber should build upon existing systems and that we do not reinvent the wheel.

There are a number of approaches to evaluate and trace material from legal sources. The key consideration is that the system developed must be workable and provides a practical means to evaluate legal origin or compliance, as well as a clear chain-of-custody to trace the material through processing and trading to the retail market. Such a legality verification system must balance scope in covering the range of issues of concern with the practicalities of implementing a system that makes the right distinctions and that is affordable and workable focusing on legality issue (van Beuren, 2004).

In developing systems to address the issue regarding legality of timber, the fundamental question that remains to be answered is “How to define legality in the context of curbing illegal timber?” It is therefore pertinent that when addressing this issue in the Asian region, the definition of “legality” has to be clearly elaborated and agreed to by the parties concerned, taking into account the local forestry situation, including legislation of the forestry sector.

Third party assessment by independent certifiers to verify the legality of the timber source is now acknowledged as the first step towards forest management certification. At the second AFP meeting in Yogyakarta in July 2003, it was agreed that action be taken to identify and explore potential activities in addressing forest issues in the Asian region, which amongst others, include forest or timber certification as a means to verify legality of timber sources.

In moving this agenda forward, the Regional Workshop on Strengthening the AFP deliberated on programmes and activities of AFP in combating illegal logging, especially on developing minimum standards of legality, timber tracking and CoC systems, and verification systems among AFP partners. In line with the decisions made at the AFP meetings and the recent Regional Workshop, this workplan is aiming to develop a guideline for the verification of legality of timber.

3. Expected results

The Working Document on the proposed guidelines for systems to verify/assess legality of timber should address the pertinent issues related to the legal origin of timber, including the definition of legality, the chain-of-custody, and requirements for third party verification, and how verification for legal origin of timber can form the first step in implementing forest or timber certification in the countries concerned in order to promote sustainable forest management. It is envisaged that the outcome from the Workshop can also contribute to the implementation of the proposed ASEAN timber certification scheme.

4. Modalities/Procedures

(i) Consultancy to prepare Working Document for the Workshop and Final Report for submission to AFP (current workplan (legality))
(ii) Convening of a three-day Workshop on Guidelines for Systems to Verify/Assess Legality of Timber
(iii) Field testing of the guidelines adopted where appropriate
(iv) Submission of Final Report

5. Time frame

Workplan proposed at the 4th Meeting of AFP (Dec 2004)

(ii) Review and completion of the draft report of current workplan (legality).
(iii) To convene and/or participate in Workshops on illegal logging and timber certification/verification for learning lessons of the other parties
(iv) To summarize experiences of the on-going field-testing trials in the region based on inputs from the AFP partners and interested parties.
(v) Submission of Final Report to 5th Meeting of AFP (Late 2005)

6. Arrangements for potential funding

As the coordinator, MTCC takes lead.

7. Coordination

This workplan will be coordinated and implemented by MTCC with guidance from a Project Steering Committee, which will comprise representatives from the participating AFP Partners.

8. Partners involved: (to be confirmed)

Governments: Malaysia, (Importing countries), (Exporting countries)
Intergovernmental Organizations: (ITTO), (CIFOR)
NGOs: (TNC), (WWF), (SGS), (FoE Japan)
Private sector: (GFS), (Logging/timber companies)
 

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