Assessing Capacity and Progress Towards Timber Legality Assurance: A Tool to Support Country-to- Country Learning

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1 /SOM/EGILAT/9 Agenda: II B Assessing Capacity and Progress Towards Timber Legality Assurance: A Tool to Support Country-to- Country Learning Purpose: Information Submitted by: The Nature Conservancy th Experts Group on Illegal Logging and Associated Trade Meeting Qingdao, China 7-8 May

2 8// Assessing Capacity & Progress Towards Timber Legality Assurance: A tool to support country-to-country learning Dong Ke, Senior Project Adviser koester@tnc.org Why we need a methodology Discerning markets have a preference for legal products Diagnose the existing Timber Legality Assurance System Measure progress over time Support country-to-country learning

3 8// An approach to assessing capacity Capacity for timber legality ( principles, criteria) A country s progress towards TLA will tend to be a function of its market signals and its capacity to respond to those signals Market signals for timber legality Principles and criteria for assessing capacity Clear policy position and commitment. Clarity of purpose Clear definition of legal timber. Allocation of recourses. Systems and standards Responsible agency resources Multi-stakeholder engagement Existing systems and standards Licensing of timber products Verification of compliance. Transparency Independent auditors Public reporting Independent monitors

4 8// Applying capacity assessment Ratings. Clarity of purpose (-) Policy commitment (-) Legality definition No clear national policy statement on timber legality No clear national definition of legal timber ('legality definition') Entered into bilateral or multilateral negotiations in relation to timber legality Initiated processes to develop a legality definition, including stakeholder engagement Developing clear national policy position, and/or bilateral cooperation on timber legality Engaged in processes to develop a legality definition, including stakeholder engagement National policy position under development, with specific legislation and regulations Legality definition developed; however, not yet wide consensus on the defined requirements National policy position, reflected in specific legislation or bilateral agreements Legality definition developed, with stakeholder input and consensus on requirements An example of assessing capacity Country: A B C

5 8// Capacity assessment results Countries Capacity Scores Level for systems development Country A Limited level of capacity Country B Generally high level of capacity and engagement Country C Low level of capacity Assessing market signals Market signals Alignment with regulated markets Ratings Descriptor Not directly exposed to regulated markets Indirectly exposed to regulated markets Moderate proportion of exports to regulated markets High proportion of exports to regulated markets Very high proportion of exports to regulated markets

6 8// An example of assessing market signals Country A Country B Country C A summary of assessing results Capacity for timber legality C Market signals for timber legality A B

7 8// Recommendations for producer countries Capacity for timber legality Support implementation of systems Strengthen auditing capacity and reporting Promote reputation in key markets Producer Countries Support implementation of systems Strengthen auditing capacity and reporting Support independent monitoring Raise awareness On-going multistakeholder Establish multistakeholder forums forums Development of systems Establish legality Engage with key markets definition on requirements and ensuring system alignment Market signals for timber legality Recommendations for manufacturing countries Capacity for timber legality Support particularly CoC Support implementation linkage with supplier of systems countries Strengthen auditing Strengthen auditing capacity and reporting capacity and reporting Support independent Promote reputation in monitoring key markets Manufacturing countries Develop CoC and Influence to create traceability to country market pull through of origin with imported products Assist industry to see Develop CoC and that responsible traceability to country of procurement is good origin business practice Market signals for timber legality 6

8 8// Next steps: Test the application of this methodology Collect and share experiences Refine the methodology Potential outcomes Level the playing field Reward countries that have significant improvements Facilitate country to country learning and strengthen collaboration 7

9 8// Country to Country Learning Country: A B C 8

10 RAFT Regional overview assessment A measuring tool for national capacity to assure timber legality Capacity Rating Information gathering and Negotiations and systems Systems development Operational testing and Implementation pre negotiation design licensing. Clarity of purpose ( ) Policy commitment No clear national policy statement on timber legality ( ) Legality definition No clear national definition of legal timber ('legality definition') Entered into bilateral or multilateral negotiations in relation to timber legality Initiated processes to develop a legality definition, including stakeholder engagement Developing clear national policy position, and/or bilateral cooperation on timber legality Engaged in processes to develop a legality definition, including stakeholder engagement National policy position under development, with specific legislation and regulations Legality definition developed; however, not yet wide consensus on the defined requirements National policy position, reflected in specific legislation or bilateral agreements Legality definition developed, with stakeholder input and consensus on requirements. Allocated resources ( ) Agency resources No clear determination of government agency responsible for legality Responsible agency is taking lead role in establishing guidelines and negotiations Responsible agency has articulated a clear set of policy objectives Responsible agency is actively working with other agencies towards policy objectives Responsible agency has the personnel and financial resources required to achieve policy objectives ( ) Multi stakeholder forum No established stakeholder forum relating specifically to timber legality A multi stakeholder forum has contributed to developing the Legality Definition A multi stakeholder forum has contributed to developing a legality system A multi stakeholder forum convened for ongoing support to timber legality A multi stakeholder forum continuing to provide input on timber legality. Systems and standards ( ) Existing systems and standards No legality system or certification system in place or under development at this stage Initiated processes to clearly define regulatory framework for timber legality Engaged in processes to develop a legality system or national certification system Engaged in testing the legality system or national certification system A legality system is in place and reflected in a national regulatory framework ( ) Licensing of timber products ( ) Verification of compliance No specific licensing system in place to provide timber legality The regulatory framework for legality has not been reviewed by a verification body Initiated processes to establish specific licensing of products for timber legality Initiated processes to engage a verification body to assess timber legality requirements A new or revised licensing system is being developed to provide timber legality Setting up processes for verification body to assess timber legality requirements A national licensing authority is establishing systems for the issuance of licences Verification body has been engaged to verify compliance with legality system A national licensing authority is issuing specific licences for timber legality Verification body has systematically verified compliance with legality system. Transparency ( ) Independent auditors No independent auditors in place for timber legality or certification ( ) Public reporting No public reporting on timber legality for timber products or exports Independent auditors have conducted project level audits for timber legality or certification Some public reporting on processes for developing timber legality An accreditation body is established to appoint auditors for timber legality Regular public reporting on systems development for timber legality Accredited independent auditors are appointed for timber legality Regular public reporting on systems development, and some implementation Accredited independent auditors appointed, and actively auditing timber legality Regular public reporting on the implementation of timber legality ( ) Independent monitors There are no independent monitors in place Some independent monitoring of timber legality issues, with ad hoc reporting Independent monitors are self appointed and preparing reports on timber legality issues Independent monitors are directly engaged in policy dialogue and systems development Independent monitors appointed and reporting to government stakeholders on implementation Revised draft September