Trend of Tackling Illegal Logging issue in Japan - IGES...2016/12/15 · Source: Guideline for Verification on Legality and Sustainability of Wood and Wood Products . Summary, para

2016年度地域研究コンソーシアム次世代ワークショップ (2016年12月15日)＜インドネシアの森林管理政策・制度の現状と課題＞

Trend of Tackling Illegal Logging issue in Japan

～From Green Purchasing Act to Clean Wood Act

Friends of the Earth JapanJunichi Mishiba

インドネシアの森林管理政策・制度の現状と課題 (2016年12月15日)

Contents

Introduction

Review on tackling illegal logging issue in Japan

– Up to Green Purchasing Act

– Up to Clean Wood Act

– Efforts of Govt and Private sector, respectively

A vision after Clean Wood Act

– Outline of Clean Wood Act

– A Trend towards Tokyo Olympic Game

Summary

2


Network of FoEI

FoEI: Friends of the Earth International

Members are not only in Europe and North America but also in Latin America, Africa, Asia

International network of grass roots environmental NGO in each country

3


Unique Network

4

Netherland

FoEI

Haiti

Japan

France

Canada

Indonesia


What is Fairwood?

FAIRWOOD means wood and wood products which are environmentally and socially friendly in/around logging area

5

http://www.fairwood.jp

Fairwood Partners– Joint project by FoE Japan and Global Environmental Forum since in

2002 (started as Fairwood Campaign)

– 「Creating Future by Changing Flow of Wood 」: Encourage

Fairwood procurement by own standard based on Fairwood concept and Contribute to Forest conservation with promotion of Fairwood.

[Reduce, Reuse, Recycle]

[Wood not sourced illegal and destructive logging]

[Domestic wood and simple supply chain]

[Certified Wood]

[Wood from communities, Fair Trade]


Fairwood Procurement

6

詳細な現状把握、評価

調達方針の策定・公表

段階的な転換

実施体制整備


Measures against Illegal Logging ～ Global Trend up to Green Purchasing Law

Year Multilateral / Regional Bilateral

1998G8 Birmingham Summit“G8 Forest Action Programme”

2000G8 Kyushu Okinawa Summit“Leaders statement referring to measures against illegal logging”

2001

East Asia Ministerial Meeting on Enforcement of Forest Law（East Asia FLEG）Participation：Indonesia , China, Thailand, Phillipines, Laos, Vietnam,

Cambodia, Japan, US, UK, Germany, EU, Australia, World Bank, ITTO, FAO

2002August: World Summit on Sustainable Development（WSSD）

August: Asia Forest Partnership (AFP) launched

MOU with IndonesiaUK (May), Norway (August), China (December)

2003

May：EU Forest Law, Enforcement, Governance

and Trade (EU-FLEGT) Action PlanOctober：Africa Ministerial Meeting on Forest Law

Enforcement (Africa FLG)

June：Japan-Indonesia Joint Declaration

“Japan-Indonesia Cooperative Action Plan against Illegal Logging”

2005

July：Gleneagles Summit“Gleneagles Action Plan”」November：Europe & North Asia MinisterialMeeting on Forest Law Enforcement （ENA FLEG） 7


Trend of establishment of procurement policy in Europe and US

（Europe）

1990-2000: NGO's protest movement against corporate forest product procurement concerning issues in tropical forests and intact forests in British Colombia state of Canada

B&Q, Europe's largest DIY store, established timber procurement policy in September 1991

UK established timber procurement policy in 2000. Denmark, Netherlands, France and Belgium also followed UK.

UK Timber Trade Federation (TTF), to which more than 300 companies established Code of Conduct and Timber Procurement Policy and provided tools to assess the risk of procured timber

（USA）

1998-2001: Dozens of leading companies, mainly high-tech companies, announced their pledge to stop selling and using paper from primary forests

8


View of EU for illegal logging issues

The illegal exploitation of natural resources, including forests, is closely associated with corruption and organised crime. In some forest-rich countries, the corruption fuelled by profits from illegal logging has grown to such an extent that it is undermining the rule of law, principles of democratic governance and respect for human rights.

In some cases the illegal exploitation of forests is also associated with violent conflict. Profits from the illegal exploitation of forests (and of other natural resources) are often used to fund and prolong these conflicts.

Illegal logging and associated trade undermines the competitiveness of legitimate forest industry operations in both exporting and importing countries. In so doing, this limits the ability of these industries to conduct operations that foster sustainable forest management, and sustainable development generally.

Illegal logging costs governments vast sums of money. Estimates suggest that illegal logging costs timber-producing countries 10-15 billion Euro per year in lost revenues, which could otherwise be spent on the provision of better healthcare, education and other public services, as well as the implementation of sustainable forest management.

Source: Commission of the European Communities, Communication from the Commission to the Council and the European Parliament, Forest Law Enforcement, Governance and Trade (FLEGT): Proposal for the EU Action Plan (COM (2003) 251 final) (http://www.euflegt.efi.int/files/attachments/euflegt/01flegtactionplanenfinalen.pdf)

9


View of Japan for illegal logging issues

Illegal logging is a very important problem to be solved for the world wide preservation of environment and sustainable forest management. Government of Japan has been tackling this problem based upon the principle that 'illegally harvested timber should not be used'. Cooperation at bilateral, regional and multilateral phase, developing technology for distinguishing illegally harvested timber, supporting measures in private sector and so forth have been carried out as countermeasures against illegal logging.

Source: Guideline for Verification on Legality and Sustainability of Wood and Wood Products . Summary, para 1.

Article 1: In light of the fact that illegal logging of forests in Japan or overseas (hereinafter refferred to as "illegal logging") and trade in wood from illegal logging may have impacts on the diverse functions of forests such as the prevention of global warming, conservation of the natural environment, the supply of forest products and the like, and may harm fair trade in timber markets, this Act aims to provide for basic matters regarding promotion of the distribution and use of legally logged wood and the like and to establish measures, etc., to ensure the use of legally logged wood and the like by wood-related business operators, so as to promote the sustainable and wholesome development of wood industries that give due consideration to the conservation of the natural environment and thereby to contribute to the conservation of the environment on a local and global level.

Source: Clean Wood Act, Article 1.

10


Measures against Illegal Logging ～ Global Trend up to Clean Wood Act

Year Overseas Trend within Japan

2006February: Forestry Agency Guideline formulated April: Revised Green Purchasing Law in effect

2008December: Amended US Lacey Act came into force

2009June: Long-Term Excellent Housing Promotion Act came into force

2010 （November: EU Timber Regulation Enacted）October: Promotion of Wood Use in Public Construction Act came into force

2011September: First APEC Forestry Ministerial Meeting "Beijing Statement on Forestry and Forestry"

August: Japan-China memorandum on measures against illegal logging

2012（Australia Illegal Logging Prohibition Act Enacted）

2013 March: EU Timber Regulation came into force March: Wood Utilization Point System started

2014November: Australia Illegal Logging Prohibition Act came into force

2015

July: Liberal Democratic Party－Interim summary for

further strengthening measures against illegal loggingSeptember：Democratic Party－Regulation of illegally

logged timber (Interim report)

2016

Indonesia: Due diligence obligation on imported woodKorea: New Law on Illegal logging planned to be enacted (2018)

Act on Promoting Utilization of Legally Logged (Clean Wood Act) Enactment & Implementation (May 2017-)

11


Govt. Efforts (NGOs perspective)

Several projects implemented which aimed i) to promote use of GOHO wood and ii) to encourage to supply GOHO wood.

Projects were implemented under the council for tackling illegal logging and Japan Federation of Wood Industry Association (JFWIA) took role of secretariat of the council.

2006-2008: Council for Tackling Illegal Logging

Research on verification system of legality and sustainability in supplier countries such as Indonesia, Malaysia and Russia, Organizing international seminar on tackling illegal logging, etc.

2009- : Committee of tackling illegal logging and promotion for GOHO wood

Projects which to improve credibility of GOHO wood system, to promote use of GOHO wood. Research on traceability of GOHO wood, on monitoring system of GOHO wood, and potential of labeling system for GOHO wood, etc.

12


Trend on number of authorized operators by GOHO system

Potential for supplying GOHO wood: Authorization bodies 151, operators 12,315

13出所：平成28年度合法木材供給事業者認定団体全国研修会資料


Efforts by private sector (in view of NGO)

14

2007～

Flooring manufacturer industry begun to verify source of timber and timber products

2003～

Copying machine industry and Paper industry introduced their own procurement policy for forest products

2007～

Hosing industry introduced timber procurement policy and guidelines

Questionnaire based on supply chain management

Traders: Trace back to the origin and confirm documents of legality verification and acquired CoC certificationWholesalers: Acquired CoC certification

Request information on timber and also certified timber

Efforts of procuring environmental friendly timber

based on high standard

2009～

Office furniture industry introduced timber procurement policy


Border of “Legal” and “Illegal”

15

More than 100 court cases

Risk of Illegality

Factory

Indigenous Community

Legality in “Broad sense” ＝“Global Standard”

Legality in “narrow sense”

In compliance with Environmental Laws

Concession (logging right) issued by the Government

Proper right to the

Land

Conflict・Corruption・High risk of

violation of Land Laws etc.

・Annual Allowable Cut・Conservation of Riparian zone etc.

Source: FoE Japan、GEF(2015)

“Sustainable”Requirement

Forest destruction cannot be

stopped only with “legality”

Permit Permit Permit


Comparison of Measures against Illegal Logging Japan vs. other countries

16

US（Lacey Act）

EU（Timber Regulation）

Australia(Illegal Logging Prohibition

Act)

Japan(Green Purchasing Law)

Year of enactment 2008 2013 2014 2006

Target of Regulation Anyone who imports/exports,trades, or handles timber

Anyone who first placestimber on EU market

Wood mporters who bring in wood into Australia & Processors of domestic timber

National and independent administrative agencies that procure timber (promotesprivate operators to take voluntary measures)

Definition of Illegality (Illegal logging)

Wood harvested, held, transported or sold in violation of federal, state, or foreign law

Wood harvested in violation of the laws of the producing country where the tree has been cut (identifies relevant laws, logging laws, tax laws, environmental laws etc.)

Wood harvested in violation of the laws of the producing country where the tree has been cut

Wood harvested in violation of forest laws in the country or region where the tree has been cut

Prohibition

Importing, exporting, transporting, and trading of timber harvested, owned, transferred or sold in violation of federal, state, and foreign law etc.

Placing of illegally logged timber and its products on the EU market

Importing of illegally logged timber and its products & processing of illegally harvested domestic wood

It is mandatory to develop and publish a policy to promote procurement of environmental goods etc.

Due Diligence (Careful check by business operators) Fulfill due care

Information gathering (study the status of law complianceetc.), Risk assessment of illegality, Risk mitigation measures (Third-party certification etc.)

Information gathering (study the status of law complianceetc.), Risk assessment of illegality, Risk mitigation measures

Forestry Agency Guideline provides 3 ways for verification: Forest certification; certification of businesses based on voluntary standards of industry organizations, voluntary proof by individual companies

PenalityDepending on the content of the violation, maximum of 5 years of imprisonment, fine maximum of 500,000 USD

Individually defined by each EU member state (must have deterrent)

Depending on the content of the violation, up to 5 years of imprisonment, fine max. of 425,000 AUD

None

Includes Private Sector

Extensive Scope

Obligatory

Penalties applicable


Discussion of political parties for strengthen measures of illegal logging issue

Liberal Democratic Party of Japan (LDP)「違法伐採対策の一層の強化に向けた中間取りまとめ」（July 2015）

– Insuficient of current measure of tackling illegal logging

– Radical reinforcement of effectiveness

– Toward to G7 Ise-shima Summit (May 2016)

Democratic Party of Japan (DPJ)「違法伐採木材の規制のあり方について（中間報告）」（September 2015）

– Need international cooperation to eradicate illegal logging issue

– Requirement for Due Diligence

– Need to set Penalty

17


Clean Wood Act

Promotion of the Distribution and Use of Legally Logged Wood Act※Common name is Clean Wood Act

⇒Circumstances of this Act in view of NGOs

• March 2015, “illegal logging issue” was taken as agenda at a study group of the bipartisan "Mountain Day" MPs Federation

• Political Parties started discussion about strengthen measure and announced interim report (LDP(July 2015)、DPJ(September 2015))

• After that closed discussion continued

• May 3, 2016, the act established

Article 1: In light of the fact that illegal logging of forests in Japan or overseas and trade in wood from illegal logging may have impacts on the diverse functions of forests such as the prevention of global warming, conservation of the natural environment, the supply of forest products and the like, and may harm fair trade in timer markets, this Act aims to provide for basic matters regarding promotion of the distribution and use of legally logged wood and the like by wood-related business operators, so as to promote the sustainable and wholesome development of wood industries that give due consideration to the conservation of the natural environment and thereby to contribute to the conservation of the environment on a local and global level.

18

インドネシアの森林管理政策・制度の現状と課題 (2016年12月15日) 19

◎ Responsibilities of the State [Article 4]

・Secure necessary funds・Gather and provide information・Disseminate the registering system・Enhance understanding by

operators and citizens◎ Appropriate coordination [Article

31]◎ Promotion of international

cooperation [Article 32]

Government of Japan

The Act on Promotion of Use and Distribution of Legally-Harvested Timber and Timber Products (Clean Wood Act) (*provisional translation)

・ ”Timber and Timber Products”: timber, goods which are made by processing timber, or goods, to be designated by a Ministerial Ordinance, such as furniture and paper which are manufactured from timber as a major raw material (recycled goods are eliminated) [Article 2.1]

・ ”Legally Harvested Timber and Timber Products”: timber harvested in conformity with relevant laws and regulations of the country of harvest, goods which are made by processing such timber, or goods, to be designated by a Ministerial Ordinance, such as furniture and paper which are manufactured from such timber as a major raw material (recycled goods are eliminated) [Article 2.2]

Definition

Note: This Act will go into force one year after the day of its promulgation (i.e. May 20, 2017).

Registering Organizations [Chap. 5]

◎ Responsibilities of operators: operators shall endeavor to use legally harvested timber and timber products when they use timber and timber products [Article 5]

Operators

・ Operators who manufacture, process, import, export or sell (excluding sales to consumers) timber and timber products, operators who construct buildings

and other structures using wood and those designated by a Ministerial Ordinance who operate using timber and timber products [Article 2.3]

Operators handling timber and timber products

・Operators handling timber and timber products who definitely take appropriate measures to secure use of legally harvested timber and timber products may use the name of “Registered Operators Handling Timber and Timber Products” by registration [Article 8, 13.1]* No operators other than registered operators handling timber and timber products

shall use the name or a confusingly similar name, otherwise, such an operator is subject to the penal provisions of the Act [Article 13.2, 37]

Registered Operators Handling Timber and Timber Products

Register

◎ Formulate Basic Policy [Article 3]C

om

peten

t Min

isters

◎ Establish standards of judgment for operators handling timber products [Article 6]

◎ Provide guidance and advice [Article 7]

◎ Reports and on-site inspections [Article 33]

Apply


Requirements for operation of the new law to the desired level

1. Definition of “legally harvested timber” – will it be inclusive or not? – ①Rights on harvesting; ②Payment of tax etc. relevant to timber harvesting; ③

Conservation of biodiversity and environment④Third-party rights to land and use of forest resources; ⑤Trade and Customs

2. Measures to ensure the use of legally harvested timber (DD)– Verification should not end by getting the legality certificate issued by the

government of the country where the timber is harvested. The risk should be minimized by evaluating the risk of illegality by getting information on the facts that the documents were based.

3. Prompt revision of judgement criteria used by the registered operators– Eliminate deviation from the local circumstances

4. Independence of “Registration implementing agency”

5. Monitoring System

20


Wood Procurement Policy of the Organizing Committees for the Olympic Games

Scope：(a) Lumber, Laminated timber, CLT, Plywood, LVL, Flooring used as

construction materials ; (b) Concrete formwork plywood used for construction; (c) Wood used for furniture (excluding recycled lumber scraps and construction waste materials etc.)

– For concrete formwork, reuse is promoted. Even the reused material aims to fulfill ① to ⑤; at least it meets ①

Wood Procurement Criteria① Harvested following proper process in compliance with the forest laws etc. of the country

or region where the log was harvested

② Derived from forests managed based on medium to long term plan or policy

③ Harvested with consideration for conservation of the ecosystem

④ Harvested with consideration for the rights of indigenous peoples and local communities

⑤ The safety of workers engaged in logging is properly secured

Wood certified by FSC, PEFC and SGEC is considered to meet the requirement ① - ⑤ above. Specific due diligence should be taken for non-

certified wood.

Domestic wood is prioritized

21


Wood Procurement Expected to Registered Operators

Fair Wood Procurement（＝Responsible procurement）

– Due diligence & supply chain management ⇒Establish a reliable system that you can use to make judgement responsibly)

• Develop, publish, and implement procurement policy and time-bound target

• Evaluation of supplier and support

• Disclosure of information

• Access to various sources of information including NGO/NPO

• Implementation of DD and supplier support as a group

– Upstream enterprise: Implement DD rigidly and do not bring in illegally logged wood into the market

– Downstream enterprise: Purchase wood from companies with firm DD

22

Certification = a tool for risk mitigationEstablish a system with which you can judge the

risk responsibly


What is the desired level?

23

Green Purchasing Law

Clean Wood Act

Still distant goal

？

Sustainability

Legality（Broader Scope for Regulation)

Legality (Document credibility, governance including corruption)

Legality (export permit)

？？？

Australia Illegal Logging

Prohibition Act

US Lacey ActEU Timber Regulation

• Forest conservation＝ Proper resource management

• Environmental consideration: Soil, Water• Respect for social and human rights:

workers’ rights, rights of local people & indigenous peoples

• Traceability• Transparency / Accountability• Others FSC

certified 100％？

Documents

Trend of Tackling Illegal Logging issue in Japan - IGES...2016/12/15 · Source: Guideline for Verification on Legality and Sustainability of Wood and Wood Products . Summary, para