Presentation of new Draft TLD Conversion Areas

Transcription

1 Presentation of new Draft TLD Conversion Areas Lao-EU FLEGT VPA Process TWG Meeting, Crowne Plaza, Dr. Khamfeua Sirivongs, Head FLEGT Standing Office Table of Contents Development History of TLD Conversion Area Principles of previous draft TLD and Comments from EU Main Comment EU during negotiations regarding Structure of Draft 1.3 Models used by Core Expert Team Principles Draft 1.3 & new Draft 1.4 (after Retreat) Detailed Presentation of Draft 1.4 Conclusions 2 1

2 Development History of TLD Conversion Area Draft Date Stakeholders Main Changes Initial draft proposed by ProFLEGT DOF Wording corrected, some verifiers changed, no change for P, C, I TWG Few verifiers added DOF Minor correction (legal references, verifiers, responsible organization, BUT: adding a new indicator Only changed formatting by ProFLEGT Remarks: Draft 1.3 was the draft shared with EU, commented by EU and discussed during 1st face-to-face negotiations The TEG Conversion Area met on March 17, Comments on draft 1.3 are available from plenum discussion and a station talk 3 Principles of previous draft TLD and Comments from EU 5 Principles: P Principle Draft CONVERSION OF FORESTLAND USING FOR DEVELOPMENT PURPOSE HARVESTING OPERATION PLANNING HARVESTING OPERATION IN CONVERSION AREAS TIMBER SALE AND TIMBER MOVEMENT TO PROCESSING FACTORY ENVIRONMENAL AND SOCIAL OBLIGATIONS 42 questions provided by EU: Type of Question & Comments 1. Format and structure - [11 questions]. 2. Land conversion - [4 questions]. 3. Procedure of land concession and investment project approval [6 questions]. 4. Timber harvesting (harvesting quota) [12 questions]. 5. Compensation (benefit sharing) [3 questions] 6. People involvement [6 questions]. 4 2

3 Main Comment EU during negotiations regarding Structure of Draft 1.3 Technical work on TLD Conversion area should reflect: complexity of legislation on legal requirements for conversion for different project types and different scales efforts to revise legislation. Agriculture activities (including forestry) Mineral activities. Electricity activities. Industrial services and others. Investment project will be approved by National or Provincial level? Require IEE or ESIA? 5 Models used by Core Expert Team: Phases of an Investment Projects and Main Activities related to Conversion Timber Concession Agreement Proposal Initial field data collection Not included in TLD (before MOU stage) Survey Feasibility IEE, ESIA, ESMMP development Construction phase Construction, including logging ESMMP Implementation Compensation Environmental impact mitigation & monitoring Social impact mitigation & monitoring Operation Phase Operation ESMMP Implementation Not relevant for conversion timber in most projects 6 3

4 Models used by Core Expert Team: Awarding Procedures for Concession Business Source: One-stop-service Guidebook from MPI/IPD ( 7 Models used by Core Expert Team: Logging Operation/Supply Chain Steps for Conversion Timber until LL3/Export (simplified) Project Approval Inventory Survey Annual Harvesting Plan / Quota Transport to LL3 / Export Sales Harvesting 8 4

5 P Principle Draft CONVERSION OF FORESTLAND USING FOR DEVELOPMENT PURPOSE 2.2 HARVESTING OPERATION PLANNING 2.3 HARVESTING OPERATION IN CONVERSION AREAS 2.4 TIMBER SALE AND TIMBER MOVEMENT TO PROCESSING FACTORY 2.5 ENVIRONMENAL AND SOCIAL OBLIGATIONS? Survey Construction phase Operation Phase Proposal 02/08/ Principles Draft 1.3 & new Draft 1.4 (after Retreat) P Principle Draft CONVERSION OF FORESTLAND USING FOR DEVELOPMENT PURPOSE HARVESTING OPERATION PLANNING HARVESTING OPERATION IN CONVERSION AREAS TIMBER SALE AND TIMBER MOVEMENT TO PROCESSING FACTORY ENVIRONMENAL AND SOCIAL OBLIGATIONS P Principle Draft DETERMINATION OF CONVERSION AREA 2.2 INVENTORY AND LOGGING 2.3 TIMBER SALES 2.4 TIMBER TRANSPORTATION 1 st principle includes survey phase and project approval (sectoral approval and concession agreement) 2 nd principle describes logging in conversion areas including logging area demarcation and inventory As in TLD for Production Forests, Timber Sales and Timber Transportation are added as separate principles Timber Transportation also includes Supply Chain Control of logging (COC system) Principle 5 ENVIRONMENTAL AND SOCIAL OBLIGATION deleted, but integrated in Principle 2.1: Assessments and ESMMP (including compensation and resettlement) Principle 2.2: Implementation of ESMMP 10 5

6 Detailed Presentation of Draft Proceeding Overview on Principles Detailed discussion of draft version as a result from retreat, including improved wording/clarifications after plenum discussions during TEG meeting Open questions / gaps and inconsistencies identified by core expert team Comments from group work during TEG meeting (principles , 2.4 no group work) 11 Principle 2.1 DETERMINATION OF CONVERSION AREA - CRITERION Surveys and plans for environmental and social impact mitigation of the development project 5 Indicators IEE ESIA ESMMP compensation and resettlement Public availability of information 12 6

7 Principle 2.1 DETERMINATION OF CONVERSION AREA CRITERION Criterion The project developer shall undertake surveys and establish plans for environmental and social impact mitigation of the development project The IEE and ESMMP shall be completed by the project developer with the involvement of the Project- Affected Persons and other stakeholders, and approved by the PONRE The ESIA and ESMMP shall be completed by the project developer with the involvement of the Project- Affected Persons and other stakeholders, and approved by MONRE For development projects subject to compensation and resettlement, the project developer shall prepare a compensation and a resettlement plan in consultation with affected people IEE Report ESMMP report ESIA Report ESMMP report Instruction 8029/MONRE (2013), point 2 (3) Agreement 8056/MONRE (2013), list of investment projects and activities. Instruction 8029/MONRE (2013), point 2 (5) Instruction 8030/MONRE (2013), point 2 (5) Agreement 8056/MONRE (2013), list of investment project and activities Instruction 8030/MONRE (2013), point 2 (9) Instruction 8030/MONRE (2013), point 2(8) Compensation Plan Decree 84/PM (2016), article Resettlement Plan List of affected people Instruction 8030/MONRE (2013), point 2(8) Decree 84/PM (2016), article 7 Decree 84/PM (2016), article 10 Decree 84/PM (2016), art. 4.3 Principle 2.1 DETERMINATION OF CONVERSION AREA CRITERION Criterion The project developer shall undertake surveys and establish plans for environmental and social impact mitigation of the development project The value for compensation shall be estimated in collaboration with the committee for compensation and resettlement at the local level and based on the unit price of the committee The project developer shall publicly disclose information related to environmental and social impact assessments and monitoring Minutes of agreement on the price of the compensation signed between Project-Affected Persons, compensation and Resettlement Committee and the project developer Public disclosure sections of IEE report, ESIA report and ESMMP Decree 84/PM (2016), article 7-9 Instruction 8029/MONRE (2013), point 2 (16) Instruction 8030/MONRE (2013), point 2 (20) 14 7

8 Principle 2.1 DETERMINATION OF CONVERSION AREA CRITERION Open questions / gaps and inconsistencies identified by core expert team For draft V1.4, the implications of the Law on State Investment, No. 72/NA (2015) for environmental and social impact assessment and mitigation and the approval process on state investment projects were not yet assessed. This needs to be undertaken in further amendments of the TLD. 15 Criterion 2.1.1: Comments from Group Work during TEG Meeting Changes proposed by group work: New classification with a fifth hierarchy (letters) for indicators in order to better structure different types of necessary surveys (IEE and ESIA) Only parts of IEE or ESIA and ESMMP relevant address environmental and social impacts of timber harvesting and their mitigation Indicators for compensation, resettlement and public disclosure of IEE or ESIA and ESMMP deleted with the argument that these requirements are covered by the verifier ESSMP Implementation of ESMMP was integrated in Principle 2.1, Criterion Remark: This is challenging the approach of the core expert team to use the development phases of an investment project as model for the structuring of TLD (Principle 2.1 is only on assessments and approval and ends with concession agreement, implementation is described in Principle 2.2) 16 8

9 Principle 2.1 DETERMINATION OF CONVERSION AREA CRITERION Approval of the development project 5 Indicators 4 indicators for sector approval for investment activities: Agricultural, Electricity, Mining, Industrial Services and Infrastructure 1 for Concession agreement with MPI 17 Principle 2.1 DETERMINATION OF CONVERSION AREA CRITERION Criterion The development project shall be approved by the relevant government authorities Agricultural activities on degraded or barren forestlands shall be approved by the central government or the provincial assembly with respect to the size of the area and on the proposal of Decision of competent government level Approval of National MONRE or its line agencies or the, Assembly for large based on the agreement with MAF or concessions its line agencies. The National Assembly shall approve large concessions Electricity activities shall be approved by the competent level of the government with respect to the installation capacity and on the proposal of MEM or its line agencies. The National Assembly shall approve large projects Decision of competent government level Decision of National Assembly for large projects Law 06/NA (2007), article 72 Law 06/NA (2007), article 73 Law 06/NA (2007), article 75 Law 06/NA (2007), article 76 Law 14/NA (2016), article 50 Law 06/NA (2007), article 72 (2) Law 06/NA (2007), article 73 (3) Law 06/NA (2007), article 75 (2) Law 06/NA (2007), article 76 (2) Law 03/NA (2011), article 34 Law 03/NA (2011), article 34 (4) 18 9

10 Principle 2.1 DETERMINATION OF CONVERSION AREA CRITERION Criterion The development project shall be approved by the relevant government authorities Mineral activities shall be approved by the competent level of the government based on the Decision of the competent Law 02/NA (2011), article 40 Law 02/NA (2011), article 54 proposal of concerned sectors (MEM, MONRE, MAF and line agencies). Exploitation of industrial minerals and rocks for an area not more than five government level Decision of Law 02/NA (2011), article 40 hectares for one block is approved by the provincial level. Large Scale Mining, the National Assembly will consider the project based on the proposal of the government. National Assembly for large scale mining (gap: area not defined) State-owned land concession for the establishment of industrial facilities and services (e.g. cement factory, concession for market construction) or infrastructure construction (e.g. road, railway, bridge construction, airport construction) shall be approved by the competent level of the government based on the proposal of concerned sectors (MOIC, MPWT, MOPH and line agencies) Principle 2.1 DETERMINATION OF CONVERSION AREA CRITERION Criterion The development project shall be approved by the relevant government authorities The project developer shall have a concession agreement with MPI or its line agencies, depending on the level of approval for the different activities Concession agreement, including topographic map of the development project Law 14/NA (2016), article 46 Law 14/NA (2016), article 99 (3) 20 10

11 Principle 2.1 DETERMINATION OF CONVERSION AREA CRITERION Open questions / gaps and inconsistencies identified by core expert team Decree on State Lease or Concession No. 135/PM (2009), article 27 includes cash crop plantations on land concessions whereas the Forestry Law No. 06/NA (2007), articles74-76, mention only forestry activities and NTFPs The requirements for the approval of State-owned land concession industrial facilities and services (e.g. cement factory, concession for market construction) or infrastructure construction (e.g. road, railway, bridge construction, airport construction) need to be clarified. 21 Criterion 2.1.1: Comments from Group Work during TEG Meeting Changes proposed by group work: Only 3 indicators with a new systematic approach, not applying the 4 investment activities mentioned in the One-Stop-Service Guidebook from MPI: 1 indicator for land concessions The investment project on land concession shall be approved by MPI/DPI 2 indicators for other development projects / activities The development project/activities have been approved by the government The development project/activities have been approved by the provincial government. The group acknowledged the conclusion from the core expert team that the procedures for development projects / activities need further assessments, involving MPI, MONRE, MEM, PWT, MOIC 22 11

12 Principle 2.2 INVENTORY AND LOGGING Criterion Pre-logging planning 3 Indicators demarcation and inventory annual harvesting plan quota approval Criterion Logging preparation, logging and post-logging cleaning 4 Indicators harvesting contract, logging preparation logging and post-logging measurement and grading of logs Criterion State of implementation of ESSMP related to forest resources and social obligations at end of logging operation No indicators defined yet 23 Principle 2.2 INVENTORY AND LOGGING Criterion Pre-logging planning shall be established according to the concession agreement The logging management unit under the provincial committee of field implementation shall demarcate Survey report and map of logging area Law 06/NA (2007), article 15 Regulation 0108/MAF (2005), article 11 Regulation 0112/MAF (2008), the logging area and survey the article 28 timber volume. Regulation 0112/MAF (2008), article 4 Regulation 0112/MAF (2008), Annual harvesting plan has been established based on the results of pre-harvest inventory in the conversion area Annual harvesting plan has been approved by the Government Provincial annual program and harvesting plan Notification Letter for annual harvesting plan of Prime Minister Office to MAF Notification Letter for annual harvesting plan of MAF to PAFOs. article 7 (1) Law 06/NA (2007), article 18 (4). Order 15/PM (2016), article 4 (1) Law 06/NA, Article 18(4) Order 15/PM (2016), article 4 (2) 12

13 Principle 2.2 INVENTORY AND LOGGING Criterion Logging preparation, logging and post-logging cleaning shall comply with regulations on harvesting in conversion areas Harvesting contract has been signed between Provincial Forestry Section and legally established Logging Unit/Enterprise with required equipment Signed harvesting contract Harvesting Unit/ enterprise establishment permit Harvesting enterprise registration Vehicles utilization permit Chainsaw utilization permit Law 06/NA (2007), article 49 (2) Decision 0182/MAF (2009), article 15 (3) Law 06/NA (2007), article 49 (2) Decision 0182/MAF (2009), article 24 Law 06/NA (2007), article 49 (2). Decision 0182/ MAF (2009), article 24. Law 06/NA (2007), article 49 (2) Decision 0182/MAF, (2009), article 15 (4) Law 06/NA (2007), article 49 (2) Decision 0080/MAF (2012), article 8 Decision 0182/MAF (2009), article 11 (4) 25 Principle 2.2 INVENTORY AND LOGGING Criterion Logging preparation, logging and post-logging cleaning shall comply with regulations on harvesting in conversion areas The logging operation shall be prepared according to the logging plan, approved by the logging management committee The timber harvesting operator has implemented logging operations and post logging cleaning according to existing guidelines At log landing 2, the technical staff from the logging management committee shall measure and grade the logs Logging plan Order 15/PM (2016), article 4 (2) Regulation 0112/MAF (2008), article 6 Regulation 0112/MAF (2008), section Field implementation report Order 15/PM (2016), article 4 (2) Regulation 0112/MAF (2008), section 3 Regulation 0112/MAF (2008), article 28 (4) Instruction 0054/MAF (2016), article Log list Regulation 0112/MAF (2008), article 21 Decision 116/MAF (2007), parts I II 26 13

14 Principle 2.2 INVENTORY AND LOGGING Criterion The implementation of ESSMP related to forest resources and social obligations shall be according to the plan at end of logging operation Principle 2.2 INVENTORY AND LOGGING Open questions / gaps and inconsistencies identified by core expert team Regulation 0112/MAF (2008) is only covering HPP development. DOF plans to upgrade it to a Decision, including all conversion areas The COC system described in 0112/MAF (2008) doesn t assure traceability of logs from the felling site to log landing 2 Indicators for Criterion were not yet defined, only the general approach (ESMMP implementation needs to be monitored during logging) 28 14

15 Link between Logging and ESMMP Implementation ESMMP Implementation Demarcation & Pre-harvest Inventory Annual Harvesting Plan preparation Quota Approval Logging & post logging cleaning Change of ownership of timber Auction and transport to factory Concession Agreement Wood Processing FLEGT License Timeline of a Hypothetical Investment Project 29 Criterion 2.2.3: Comments from Group Work during TEG Meeting The group agreed in general that the TLD should include an indicator on the implementation of the ESMMP during the construction phase and fulfilment shall be verified at the end of logging operation Post-harvesting assessment was proposed as a second indicator However, the group didn t came to an unanimous agreement which thematic parts of the ESMMP need to be verified Only mitigation of harvesting operation Other requirements regarding mitigation of environmental and social impacts, including compensation of affected people 30 15

16 Principle 2.3 TIMBER SALES Criterion Timber auction 2 Indicators: bidding committee auction The criterion has been adapted from TLD Production Forest with 2 differences village forestry committees don t attend the auction as for production forest No benefit sharing for timber from conversion area 31 Principle 2.3 TIMBER SALES Criterion Timber auction shall be in compliance with regulations Bidding committee has been established from three concerned sectors such as Agriculture and Forestry, Industrial and Commerce and Finance at the provincial level Letter of appoint of bidding committee by the provincial Governor Order 17/PM (2008), article 6 (2) Regulation 1726/MOIC (2012), chapter I (4) Sales of timber from official log lists have been conducted through transparent auction by the bidding committee Log lists Instruction 3211/MOF (2015), article 2 registration into state assets Letter of Regulation 1726/MOIC. (2012), chapter II announcement (1.1) Results of bidding Regulation 1726/MOIC. (2012), chapter II (2) Regulation 0204/MAF (2002), article Selling contract Law 06/NA (2007), article 11 (1) Regulation No. 1726/MOIC. (2012), chapter III (1) Receipt of payment from timber buyer Certificate of deletion from state assets Law 06/NA (2007), article 11 (1) Regulation No. 1726/MOIC (2012), chapter III (2) Law 06/NA (2007), article 11 (1) Instruction No. 3211/MOF (2015), article 6 16

17 Principle 2.3 TIMBER SALES Open questions / gaps and inconsistencies identified by core expert team In 0112/MAF (2008) timber sales is under responsibility of the overall supervision committee (article 27) and 1726/MOIC (2012) refers also to the same Committee (article 2). This is in conflict with Decree 32/PM, article 6.1 (which gives responsibility to MOIC) Moreover, after Order 15/PM, the Instruction 0336/MOIC.DIMEX (2017) improved the procedures and transparency of auction for confiscated timber. In this regard, a revision of Regulation 1726/ MOIC (2012) should be envisaged. 33 Principle 2.3: Comments from Group Work during TEG Meeting The group agreed that Regulation 1726/MOIC (2012) should be amended 34 17

18 Principle 2.4 TIMBER TRANSPORTATION Criterion Transport requirements from cutting area to log landing II. 2 Indicators COC marks and forms for recording trees at log landing I Stamp with forest hammer at log landing II Criterion Transport requirements from log landing II to log landing III. Indicators: Transport requirement Copied from TLD Production Forest as identical 35 Principle 2.4 TIMBER TRANSPORTATION Criterion The harvesting operator shall comply with transport requirements from cutting area to log landing II At log landing 1, the technical staff from the logging management committe shall mark the logs and record number of trees, number of lumps and logging zone in the log list of log landing Log list of log landing 1 Regulation 0112/MAF (2008), article At log landing 2, the technical staff from the logging management unit shall mark the logs and stamp with forestry hammer ( PM ) Log list Regulation 0112/MAF (2008), article 22 Decision 116/MAF (2007), parts I II 36 18

19 Principle 2.4 TIMBER TRANSPORTATION Criterion The timber buyer shall comply with the transport requirements from log landing II to log landing III The timber buyer has in place of all transport documents before timber movement Receipt of timber sales Law 06/NA (2007), article 53. Order No.17/PM (2008), article Cancellation letter from state assets register Instruction No.3211/MOF (2015), article Log list Law 06/NA, (2007), article Transport permit from PAFO Law 06/NA (2007), article 53. Decree 32/PM (2012), article 5 (7) Guideline 0962/DOF (2010), section Principle 2.4 TIMBER TRANSPORTATION Open questions / gaps and inconsistencies identified by core expert team The measurement and grading form at LL2 is not clearly mentioned in 0112/MAF (2008), article 21 & 22. As for the COC Guideline in Production Forests (0962/DOF (2010)), it is unclear how separated batches are registered. In general, the COC system and the forms for conversion areas need to be improved as the traceability is not guaranteed with the current practice

20 Conclusions Previous draft 1.3 has been substantially improved in terms of the structure and based on investment project procedures, yet draft 1.4 will need even more amendments Approval procedures for developmentprojects need further assessments, especially also for state investment projects The level of details regarding elements of ESMMP needs further discussion among stakeholders Include compensation/resettlement as indicators/verifiers in the survey phase? Which thematic parts of the ESMMP need to be integrated in the TLD in order to assure legal timber from Conversion Areas? 39 Thank You 40 20