Informing NGOs, MEPs, member states, the European Commission and the media.  Issue 89,  October 2004.

 
Commission's 'Green' handbook causes confusion

Already available on the web¹ the Commission will officially launch ‘Buying Green’, its handbook on environmental public procurement on 29 October 2004. But the handbook, co-produced by DG environment and DG Internal Market, creates some confusion when it comes to advising on ‘sustainably and legally logged timber’.

    It is widely agreed, and acknowledged in the handbook, that ‘sustainable forest management’ explicitly takes into account both environmental and “social aspects, such as the interests of forest dependent people”. In complete contradiction to this, however, the handbook goes on to advise that governments are not able to employ specifications that address ‘the protection of forest dependent people’ when putting out tenders for any public timber purchases.

    Not only is the handbook itself muddled on this, but it is also in conflict with the original Directive on this issue.² FERN’s 2004 analysis of the Directive³ shows that governments clearly can specify ‘sustainability’ as a technical specification in their procurement policies, and that the definition of ‘sustainability’ includes social aspects.

    Only by Member States pushing to promote socially responsible forest management can this conflict be resolved. This will require some Member States writing social requirements into their technical specifications and a subsequent Court Ruling in favour of those States when they are challenged for doing so.

 

1 http://europa.eu.int/comm/internal_market/publicprocurement/key-docs_en.htm

2 2004/18/EC

3 FERN (2004) To Buy or Not to Buy. Available at:www.fern.org


Incoherent policy on hydro power

The November 2004 meeting of the Participants to the OECD’s Export Credit Arrangement¹ will see the European Commission table a proposal to encourage the export of Renewable Energy Technologies to developing and emerging markets. However, FERN is deeply concerned that the proposal will allow Member States to include large hydro power projects in the definition of ‘renewables’, with no requirement for the compliance of such projects with the recommendations of the World Commission on Dams (WCD).²    

    The new proposal, which aims to provide more favourable financing terms for a range of Renewable Energy Technologies, makes no explicit reference to the WCD recommendations. This is in stark contrast to the newly adopted “Linking Directive”,³ which stipulates that under the Clean Development Mechanism of the Kyoto Protocol, large hydro power projects must comply with international standards, including the recommendations of the WCD.

    The absence of an equally clear and unambiguous reference to the WCD recommendations in the current EC proposal for the OECD negotiations is alarming, with a real risk that this ‘renewables’ initiative could end up promoting the export of large dams, while failing to provide adequate safeguards against their potentially negative social and environmental impacts in recipient countries.

 

1 The Arrangement on Officially Supported Export Credits – a Gentlemen’s Agreement providing a framework for the orderly use of officially supported export credits.

2 World Commission on Dams: Dams and Development. A new framework for decision-making. November 2000.

3 See 'Linking Directive'approved, FW, this issue.     

 

'Linking Directive' approved

It’s been a golden September for EU climate negotiators: On 30 September 2004 Russia announced its ratification of the Kyoto Protocol, allowing it to officially enter into force within the coming months; meanwhile on 13 September 2004 EU foreign ministers formally approved rules to link the EU’s new climate emissions trading scheme to the Kyoto Protocol’s flexible mechanisms (see FW nos. 82 and 84).¹ This ‘Linking Directive’ will give companies covered by the EU emissions trading scheme direct access to carbon credits from the Kyoto Protocol’s Clean Development and Joint Implementation mechanisms.

    While welcoming the fact that the Directive excludes tree plantation projects from the scheme, FERN remains concerned that the same Directive will effectively provide highly polluting companies with a cheap – and unproven – ‘alternative’ to actually reducing greenhouse gas emissions at home.

    Whether either of these developments will also contribute to slowing climate change remains, therefore, to be seen; both instruments demand only minimal emission reductions and both rely on market mechanisms based on dubious accounting schemes to achieve even these reductions.

 

1 http://www.consilium.eu.int/EU


FSC review

Following growing evidence of the social and environmental problems caused by FSC certifications of some large-scale monoculture tree plantations, the FSC has announced a review of Principle 10 – which spells out criteria for certifying plantations. A policy review group, consisting of 12 people (2 from each FSC chamber), will develop Terms of Reference for a technical working group.

    The Terms of Reference will focus on the question of what sort of plantations can be eligible for FSC certification. The process is expected to take up to 2 years. A dedicated website and email list has been created to allow input into the process.

For information contact: peltis@swipnet.se


Future of the EU Forestry Strategy

On 15 September 2004 FERN submitted its response to the ‘Commission Questionnaire on the Implementation Review of the EU Forestry Strategy’.¹ The questionnaire provided the last opportunity to comment on the ‘Draft for the Preparation of Commission Staff Working Document’, the basis for the Commission’s assessment of the EU Forestry Strategy. The review process is expected to wind up in the coming months with a Communication on the future implementation of the strategy. This document is now being prepared by DG Agriculture.

    In FERN’s view, the staff working document still reflects the bias of the original Forestry Strategy towards timber-oriented forestry management practices. Social and environmental aspects of forests and forest use receive only scant attention and the document, for the most part, lacks a thorough analysis of the linkages between the different aspects of forest use. FERN believes that correcting this strong timber bias is a prerequisite for using Europe’s forests to benefit all Europeans – surely the core function of an effective forestry strategy at the EU level?

1 Submission available from FERN or at: www.fern.org

 

Ecolabel fiasco

At the 28 September 2004 meeting of the EU Ecolabeling board, four options on how to proceed with the EU ecolabel for furniture were presented – including scrapping the existing proposal and starting anew. The presentation followed the board’s earlier rejection (in December 2003) of the existing draft proposal which had become unworkable following endless compromise with the PVC and other industries.

    FERN finds it alarming that the EU ecolabel scheme continues to bow so much under industry pressure that it risks losing any credibility. We would, therefore, remind Member State governments that they have until the 31st of October to give comments on how to proceed on this issue.

 

 
Illegal logging

With a decision on the draft ‘Regulation for a licensing scheme controlling the imports of timber into the EU’ expected in the next 12 months¹ (see FW nos. 85-88), FERN, Greenpeace and WWF have now presented detailed comments on the draft Regulation.²

    While supporting the process, the NGOs conclude that the draft has two major flaws: first, it is not sufficiently robust on independent verification of legality or on independent monitoring of the scheme; second, it does not include sufficient safeguards to prevent the Regulation – and any resulting partnership agreements – from reinforcing producer-country legislation which is damaging to forests or forest peoples (See FW no. 88).

    Although absolutely critical to the success or otherwise of the proposed scheme, the Commission has so far only partly addressed this issue of adequate safeguards, and then only in their recently developed mandate for discussing how partnership agreements with producer countries should be negotiated. Unfortunately the mandate – seen by FERN – is confidential, effectively preventing any public discussion on this key issue.

    Whether through including the safeguards in the Regulation, or through publicising the negotiation mandate, FERN calls for an immediate public and open discussion on safeguards – including civil society groups in North and South.

 

1http://europa.eu.int/comm/sustainable/docs/FLEGT_regulation_EN_final.pdf?full_file_name=COMM_PDF_COM_2004_0515_F_EN_ACTE.pdf

2 Available at: www.fern.org


NEWS IN BRIEF

Germany and biodiversity: On 5-6 November 2004 the German Ministry of Agriculture and Naturschutzbund Deutschland (NABU), the German section of Birdlife, will host a workshop on ‘Forest legislation for biodiversity’. Further information on the meeting is available at: www.birdlife.net/action/change/europe/forest_task_force/index.html

 

International Arrangement on Forests: The September 2004 meeting of the UN’s ad hoc group on a legal framework for forests (AHEG PARAM)¹ has resulted in an overview of the possible options for a future International Arrangement on Forests (IAF).²Given the importance of holding informal discussions prior to making any decisions on these options at UNFF5 in May 2005, Mexico has offered to host an open discussion on this in January.

 

1 United Nations Ad Hoc Group on Consideration with a View to Recommending the Parameters of a Mandate for Developing a Legal Framework on all Type of Forests 2 IISD, AHEG-PARAM Final at: www.iisd.ca/forestry/unff/param


Forest Agenda

14-17 October: European Social Forum, London, UK

19-21 October: The Forest Dialogue's Forests and Certification seminar, Maidenhead, UK

20 October: Council Working Group on illegal logging. Brussels, Belgium

3-4 November: CEEWEB's “Time is life” conference on halting the biodiversity loss by 2010, Budapest

          

EU Forest Watch is published by FERN, the forest campaign group focusing on EU policy.
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PHOTO: Kakamega Forest.
Half of Kenya’s only tropical rainforest has already been lost. What is left provides a unique sanctuary for biodiversity and a vital resource for local people, many of whom depend on it for fuel, medicine and food.
Credit: A. Arbib.