1. VPA updateOctober 2010 An increasing number of countries are negotiating or implementing VPAs: Where are we at? Are there lessons learnt? What are the challenges? VPA stands for: Voluntary Partnership Agreement LOGGINGOFF is a joint initiative by NGOs from European and timber-producing countries involved in or monitoring the implementation of the EU FLEGT Action Plan, and specifically the implementation of the Voluntary Partnership Agreements.
2. FLEGT Voluntary partnership agreements What is a FLEGT VPA? How does the process work? Who are FLEGT partner countries?
3. FLEGT Voluntary Partnership Agreements: Are the central plank of the EU FLEGT action plan, which outlines the EU’s response to the global problem of illegal logging and the trade in timber products. Are legally binding bilateral trade agreementsbetween the EU and a timber exporting country (the FLEGT partner country). Set out the commitments and actions of both parties to tackle illegal logging, including measures to: increase participation of rightsholders and civil society; recognise communities’ right to the land and; address corruption. Should have the buy-in of national stakeholders, including NGOs, local communities, indigenous peoples, and the timber industry. For more information on FLEGT see What is FLEGT For information on how a VPA works see What is a VPA
4. VPA process – how does it work? The parties in the VPA process are: the EU and the government of the timber producing country. VPA negotiations start when both parties agree to take joint actions to reform forest governance and address illegal logging. The parties must reach agreement on issues such as the list of laws to be monitored and systems in place to verify the legality of the timber. Negotiations end with the initialling of the VPA, but the agreement only enters into force once both parties have ratified it. FLEGT licences will not be given until the VPA is ratified and systems agreed put in place. From that moment onwards, only FLEGT timber can be exported from the partner country to the EU market. For more information on the negotiation and ratification process, see how a VPA is ratified
9. Challenges of VPA negotiations Proper stakeholder involvement Involving everyone with a right/stake is essentialto achieve support for the resulting VPA as well as to ensure its legitimacy. This takes time. Identifying rights and defining a process to ensure the right people are involved in the negotiations is complex, and slows down the process. Allocate enough time Realistic timeframes are needed to ensure effective participation. Some feel the process is too slow, while others see it as being too fast: There is a very thin line between maintaining interest vs. allowing time for effective participation Real political will to reach a consensus All sides must be willing to compromise to reach consensus
10. Concluded VPAs VPAs are only public once they are ratified. Until then, official summaries of concluded VPAs are available on the EC Website and NGO counter briefs at www.loggingoff.info
11. Slow and complex: why bother?Lessons from VPA negotiations Strengthens democracy: Government, civil society and the private sector work together. Increases capacity: Rights/stakeholders participate in a process that improves the capacity of civil society. Commits to addressing key governance failures:VPAs create the framework for rights/stakeholders to improve forest governance. Defines joint producer - consumer country action: VPAs combine trade and development perspectives. VPAs that lead to socially just and environmentally sound forest management are dependent on successful implementation of agreed commitments.
12. Questions around VPA implementation:Future challenges Ensure effective participation of all stakeholders during the implementation and monitoring of the VPA. Maintaining the momentum How to deal with the drop in energy after intensive negotiations? Can agreed timeframes keep interest levels high? What are the roles of the ‘EU-FLEGT Partner Country JIC’ (Joint Implementation Committee), and the different stakeholders? Can linkages with related processes (i.e. REDD) ensure continued interest? Keeping focused on the real issues How to ensure that actions keep focused on governance reform and not on facilitating trade? How to ensure that action to establishing the traceability system goes hand in hand with actions linked to governance reform?
14. (Possible) Upcoming VPAs Africa West - Interest from Sierra Leone and Cote d’Ivoire East - Madagascar and Mozambique have been considered at times Asia The EU is considering a regional approach with the Mekong region. European Forest Institute (EFI) FLEGT facility has a South East Asia programme dealing with this region and studies have been commissioned to learn about governance challenges in the area. Latin America Guyana has expressed interest to negotiate a VPA in its Guyana-Norway REDD commitment, and may start negotiations soon. Information missions to some countries have been undertaken by the EFI EU FLEGT Facility on behalf of the EU. Ecuador, Bolivia, Colombia, Honduras and Peru are all in the picture.
15. Fitting actions together What does the future hold? Will FLEGT VPAs deliver? Where do they fit within the broader political context? How do illegal timber laws, timber procurement policies and VPAs work together? Can REDD undermine all of this?
16. What does the future hold?Will FLEGT deliver? Though results to date are promising, it is too early to say. Keeping up with the demand (for more VPAs) from timber producing countries while ensuring that FLEGT principles are met, will be a crucial ingredient for success. Implementation of agreed commitments is key. Only then will different stakeholders remain committed to the process. FLEGT must secure its place among policy makers. Its potential to improve forest governance must be recognised more widely. REDD, as currently envisaged, threatens to seriously undermine FLEGT processes. Synergy between VPAs and other processes that could have an impact on forest governance, such as REDD, should be ensured.
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18. The EU and the US have developed laws that make it illegal to import illegal timber and timber products into their markets. Those laws are known as the EU ‘Illegal timber regulation’ and the US ‘Lacey Act’.
19. Anyone trading in timber will have to provide proof that the products they put on the EU or US market comply with the laws of the producer country.
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21. FLEGT licenses qualify as being legally produced and most FSC and PEFC certificates qualify as sustainably produced. Over time these countries aim to only purchase sustainably produced timber
22. Denmark has a similar policy, which, unlike the other five, is not legally binding
23. Several other EU Member States are in the process of developing such a policy. This was a suggestion made in the EU FLEGT Action Plan (2003)For more information on public procurement policies in the EU see: ‘Buying a Sustainable Future’; FERN (2009) available at www.fern.org/sustainablefuture
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25. The FLEGT VPAs are based on a fully inclusive participatory process which was developed over periods varying from one to several years
26. In August 2010, all finalised VPAs included commitments for law reform and were supported by national civil society
27. National level REDD plans have not been developed in a full participatory process, are often lead by conservation interests, don’t address the need for forest law reform and are under time pressureFor more information see ‘Is REDD undermining FLEGT’, FERN (2009).
28. You will also find more information about FLEGT VPAs and other related issues at www.loggingoff.info LOGGINGOFF Online resource for information on VPAs If you would like further information about the FLEGT action plan and how it is being implemented, please contact Iola Leal or SaskiaOzinga t +32 (0)496 205500 (Iola) +44(0)1608 652895 (Saskia) e iola@fern.org saskia@fern.org LOGGINGOFF is a joint initiative by NGOs from European and timber-producing countries involved in or monitoring the implementation of the EU FLEGT Action Plan, and specifically the implementation of the Voluntary Partnership Agreements.
