Sourcing and Legality Aspects

Origin
Where do the Products Come From?

Information accuracy
Is information about the products credible?

Legality
Have the products been legally produced?


1. Where do the products come from?

Traceability is the ability to track sources of wood from final products through the supply chain to – as close as is practical – their origins. A clear sense of all the links in the products’ supply chain will be useful for the procurement manager to assess:

  • Whether the sources of wood can be accurately identified.
  • Whether the products have the properties they are claimed to have.
  • For instance, whether:
    • The wood was harvested and processed in compliance with relevant laws
    • The wood comes from sustainably managed forests
    • The unique ecological and cultural features of the forest where the wood was sourced have been maintained
    • The products were manufactured with environmental controls in place
    • Harvesting and manufacturing processes complied with social standards.

Tracing the origin of wood and paper-based products is not always straightforward. Supply chains can sometimes link many wood producers and dealers across several countries, and procurement portfolios can be complex, with multiple supply chains (Figures 2 and 3).

It may be easier to establish traceability for solid wood products than for paper-based products. Paper products are manufactured in pulp mills that typically draw wood from many sources. In the most complex cases, a network of dealers buying wood from many different loggers, landowners and sawmills may supply a pulp mill (Box 1). In a sawmill, logs usually lose their link to individual landowners in a sorting yard in the same way an agricultural business would combine grain from individual farmers in a common silo. The wood collected from sawmills – often chips that are by-products of solid-wood products manufacturing – further lose their individual identity during the paper making process.

Understanding the position of a company in the supply chain can help identify priorities and key areas of influence. Also, depending on the location and/or complexity of the supply chain, the need for due diligence is greater in some places than in others.

Requesting documentation from suppliers is a common method of tracing the origin of raw materials. A supply chain can be regarded as a chain of legally binding contractual relationships; purchasers can trace the supply chain through contracts, and require that their suppliers commit to providing raw materials that were harvested in compliance with the law, or meet other customer specifications. In places where the law – both background law and contract law – is strong and properly enforced, sales contracts can be a good compliance mechanism.
In addition to sales contracts, other documents for tracing the origin of raw materials include:

  • Licensing permit(s) from the relevant authorities giving permission to harvest
  • Certificate of a sustainable forest management standard
  • Certificate of origin
  • Chain-of-custody (CoC) certificate
  • Certificate of legality
  • Harvesting/management plans
  • Phytosanitary certificates – issued by state/local authorities regarding the plant health requirements for the import of non-processed products
  • Bill of lading – a receipt for cargo and contract of transportation between a shipper and a carrier that describes the goods being transported and is issued when the shipment is received in good order.
  • Export documents
  • Transportation certificates

All of these documents should carry appropriate stamps and seals from the relevant governmental agencies. However, false documentation can be common in certain countries and additional systems to trace the raw materials back to – within the limits of feasibility – their origins (Question 1) may be needed in some cases. Working with those directly involved in the supply chain will help develop a better understanding of the challenges, costs and other impacts associated with implementing additional tracking systems. Forest managers, forest owners, government agencies and certification bodies active in the area can provide useful information.

A high degree of vertical integration makes traceability simpler. However, in some countries such as in the United States, companies are becoming less integrated, selling off their forest lands and thereby externalizing traceability.

Factors to consider regarding traceability

  • Purchase contracts can be useful to trace the origin of the wood. They can also be used as safeguards to require that raw materials be harvested and products be manufactured in compliance with the law, where laws are properly enforced.
  • Tracing wood through the supply chain back to the regions of origin is becoming common in many parts of the world, and new technologies are emerging to aid this practice. Forest certification schemes are often able to track certified and recycled content as well as uncertified content in the product line. For the uncertified content certification schemes are increasingly placing requirements and safeguards to avoid supply from unwanted/controversial sources.
  • Different levels of detail may be needed depending on the risk of encountering unacceptable practices. More information and verification is typically needed for high-risk areas than for low-risk areas (Box 2). In areas where illegal activity may be occurring, for instance, detailed information on the specific location of harvesting may be needed while for other areas knowing the general origin of the wood may suffice.
  • Chain-of-custody systems have been established by different stakeholders to document the wood flow between various steps of the supply chain. Most forest certification schemes include a chain-of-custody standard that reaches from the forests up to certain processes in manufacturing. Not all chain-of-custody systems cover 100% of the certified product, and all systems allow mixing of certified and non-certified materials. In some cases it may be pragmatic for the end user to ensure that its suppliers maintain proper records and make them available upon request, subject to appropriate confidentiality agreements.

Box 1. The wood supply chain

There is no single standard supply chain for wood and paper-based products and all supply chains are different. There are, however, common elements that can be useful to clarify the connections among various manufacturing points, the product flows, and the environmental and social issues associated (figure below).

Solid wood, engineered wood, and paper-based products are manufactured using different technologies, but they may all come from the same forest or even the same tree. Some forest-based industries often use all parts of the tree for different products in a system of integrated processing facilities. In other instances, only the most valuable portions of the best trees are used. Raw tropical hardwoods are often produced under these circumstances.

There is great variability in supply chains depending on the country, region, or local circumstances. In the most complicated cases, a sawmill, pulp mill and engineered wood plant are fed by a network of product flows and business relationships. Mills frequently incorporate wood from various sources involving a large number of actors. For instance, a pulp mill in the Eastern United States that produces 860,000 tons (Mt) of paperboard per year uses 2,720,000 tons of wood chips. The mill procures these chips directly from 60-70 landowners, some 600 suppliers, 120 sawmills and 10 shipping operations (MeadWestvaco estimates for 2006).

Tracking these wood flows can be challenging, but it is possible to do it to a degree that is satisfactory for sustainable procurement (e.g., district level; see traceability discussion).

Box 2. Areas of high and low risk of encountering unacceptable practices

Areas with higher risk of encountering unacceptable practices require more due diligence and more detailed information than areas with lower risk.

High-risk source areas may include:

  • Areas that have unique ecological and socio-cultural features (special places).

  • Areas of political and social conflict.
  • Areas where avoidance and violations of workers and/or indigenous rights are known to be high.
  • Areas where the incidence of forestry-related illegal activity is known to be high.

Low-risk source areas may include:

  • Sites that have been independently certified to appropriate credible standards. Not all certification labels are perceived by all stakeholders to offer the same level of protection against the risk of sourcing from controversial and unwanted sources.
  • Sites where there are no ownership disputes or clear processes to resolve them fairly, and where illegal activity in the forestry sector does not typically occur.
  • Areas known to have low corruption and where law enforcement exists.

2. Is information about the products credible?

Knowing the context and conditions surrounding the harvesting of the raw materials and the manufacturing processes of the products is important. A knowledgeable buyer will be in a better position to properly assess the social and environmental claims of a product (e.g., wood was harvested under a Sustainable Forest Management (SFM) regime, etc.).

When information to support the claims of the product is not complete, accurate, or enough for the buyer to properly assess these claims, monitoring and verification are used to add credibility to the process. In some cases information may come from long and well-established business relationships. In other cases the buyer may wish to consult outside sources for additional information.

Monitoring and verification can take three forms:

  1. Self verification – a producer monitors and reports about its own harvesting and manufacturing processes. Typical outputs include sustainability reports, emissions reports, reports on social indicators, resource usage reports, recycling reports, etc.
  2. Second party verification – a buyer verifies that a supplier and/or the products of that supplier conform to a certain standard.
  3. Third party verification – an independent party verifies that a supplier and/or its products conform to a certain standard. Independent, third-party verification is generally considered to provide more assurance.

Monitoring and verification systems tend to be designed differently depending on which part or aspect of the supply chain (production in the forest or manufacturing processes) they address:

Production in the forest – the classical monitoring system – forest authorities enforcing relevant laws – can be a reliable system where governance is strong, but it may not be adequate where governance is weak (Question 3. Concerned business, environmental groups and labor and trade organizations, generally agree that independent, third-party verification of forestry operations is desirable, particularly in areas of high risk (Box 2). Forest certification systems are intended to provide an alternative in this part of the supply chain.

Voluntary forest certification schemes have been developed to guide the marketplace. These systems allow interested producers to be independently assessed against a locally appropriate standard and to be recognized in the marketplace through a label that certifies compliance. The appropriateness of the standard includes having the right content for the right place, but also entails the process by which the standard was defined and implemented.

Forest certification

There are two major international systems for forest certification: the Forest Stewardship Council (FSC) and the Programme for the Endorsement of Certification Systems (PEFC). Both are used by community and family owned forests and large landowners and/or industrial operations. These systems have similarities, but they also have differences that are considered important by their respective constituencies. Environmental organizations tend to prefer the FSC, while landowners and tenure holders tend to prefer PEFC. The choice of systems varies by geography, and many forest companies are certified to both systems depending on the location of their operations.

Table 2 provides an overview of the general characteristics of these two systems.

Table 2 is NOT meant to be an exhaustive comparison. A proper comparison should include more detail of aspects such as compliance with international standards, system governance, accreditation, certification, criteria used as basis for the systems, performance on the ground, and others (Nussbaum and Simula, 2005). A list of comparisons can be found in Section III of this guide. Some of these comparisons represent the interests of specific stakeholder groups that claim there are significant differences between the certification systems.

Manufacturing processes – once raw materials leave the forests and reach mills and factories, they may no longer differ significantly from those of other industries if processing facilities are located in developed areas. However, when mills and factories are in less developed areas there may not be enough government enforcement of environmental and social standards. Self- and third-party verification systems can be useful to report and verify status and progress in relation to general standards and organizational commitments (e.g., to reduce emissions or increase recycled content).

Environmental Management Systems (EMS) and Social Management Systems (SMS) can be useful in the manufacturing process. An EMS is generally defined as a series of processes and practices seeking to assess and reduce the environmental impact of an organization, while an SMS encompasses the management of interactions between an organization and its social environment. In general, EMS and SMS have four major elements (EPE, 2007; SMS, 2007):

  • Assessment and planning – identification of environmental and social aspects of interest, establishment of goals, targets, strategy and infrastructure for implementation.
  • Implementation – execution of the plan, which may include investment in training and improved technology.
  • Review – monitoring and evaluation of the implementation process, identification of issues.
  • Adaptive management and verification – review of progress and adjustments for continual improvement. Different EMS/SMS have various degrees of third-party verification.

The presence or absence of viable EMS and SMS programs can be useful in assessing a supplier’s efforts to improve environmental and social performance and enhance compliance with pre-determined standards (EPE, 2007). Third-party verification systems, including chain-of-custody certification (Table 2) and some ecolabels (Box 3) can also be of help.

Factors to consider regarding monitoring and verification

  • Many have compared certification standards, although comparisons are a complex task because of the many factors and elements that need to be considered. Section IV of this resource kit includes a list of resources about comparisons.
  • Different stakeholders have different perspectives; certification standards are backed by different constituencies, reflecting their different interests, concerns, and values. Environmental organizations tend to prefer the FSC while industry and tenure holders tend to prefer PEFC.
  • The choice of systems varies by geography, and many forest companies are certified to both systems depending on the location of their operations.
  • Approximately 7% of the world’s total forest area is currently certified. The area under certification is growing rapidly and so is the supply of certified products; however, there may be cases when it can be difficult to meet the demand of certified products. Most certified areas are in developed countries.
  • In some regions small landowners have not embraced third party certification.
  • The need for independent monitoring and verification varies for different forest areas. A buyer with many supply chains might want to prioritize focusing on monitoring and verification efforts based on the perceived risks associated with sourcing from areas where information may be incomplete or misleading.

Box 3. Ecolabels (other than forest certification systems)

A company may want to inform consumers about the environmental claims of a specific product or service through the use of ecolabels. Ecolabeling is a voluntary certification and verification process.

The International Organization for Standardization (ISO) classifies three broad types of ecolabels (Global Ecolabeling Network, 2007):

  • Type I: a voluntary, multiple-criteria-based third-party program that authorizes the use of environmental labels on products indicating overall preference of a product within a particular category based on life cycle considerations. Examples include the EU Flower and the Canadian Environmental Choice Program.
  • Type II: a program involving self-declared environmental claims by parties likely to benefit from such claims. These programs often involve single attributes. An example is the Paper Profile.
  • Type III: a program involving a declaration that provides quantified environmental life cycle product information provided by the supplier, based on independent verification, and systematic data presented as a set of categories of a parameter.

There are many ecolabels in the world. In addition to FSC and PEFC, other important ecolabels for wood and paper-based products include:

  • Blue Angel– the oldest environmental ecolabel; initiated by the German Ministry of the Interior, it is now administered by the Federal Environmental Agency. Wood and paper-based products covered include building materials, different types of paper and cardboard, packaging materials, and furniture.
  • Bra Miljöval (Good Environmental Choice) – the ecolabel from the Swedish Society for Nature Conservation started in 1988. Wood-based products covered include various types of paper.
  • Environmental Choice Program – owned by the Canadian government and administered by TerraChoice Environmental Marketing. Wood and paper-based materials covered include building raw materials, flooring, office furniture and various types of paper.
  • Eco Mark – administered by the Japan Environment Association, it covers various types of paper, board wood, and furniture and packaging materials.
  • Environmental Choice – a voluntary, multiple specifications labeling program endorsed by the New Zealand government and managed by the New Zealand Ecolabelling Trust. Wood-based products covered include various types of paper, furniture and flooring products.
  • EU Flower – started in 1992 under the European Union Eco-labeling board. The EU Flower is active throughout the European Union and also in Norway, Liechtenstein and Iceland. Wood-based products covered include various types of paper and building materials.
  • Green Seal – developed by Green Seal Inc., an independent non-profit organization. Wood-based products covered include various types of paper, furniture, particleboard and fiberboard, and food packaging materials.
  • Greenguard – products certified meet requirements of the US Environmental Protection Agency, the US Green Building Council, and Germany’s Blue Angel ecolabel.
  • Good Environmental Choice Australia – designed by Good Environmental Choice Australia Ltd. Wood and paper-based products covered include various types of paper, flooring products, packaging materials, furniture and recycled and reclaimed timber.
  • The Swan – the official Nordic ecolabel introduced by the Nordic Council of Ministers. Certifies some paper products. It also certifies that durable wood products do not incorporate heavy metals or biocides and are produced from sustainably managed forests.

There may be products bearing ecolabels that do not actually meet the label’s environmental standards. The International Organization for Standardization (ISO) and other institutions provide guidance on general labeling standards to help in selecting ecolabels:

Sources: Global Ecolabeling Network, 2007.

3. Have the products been legally produced?

There is no universally accepted definition of illegal logging and trade. Strictly speaking, illegality is anything that occurs in violation of the legal framework of a country. It is generally acknowledged that legality is not a synonym for Sustainable Forest Management, and that what is sustainable may not always be legal (World Bank, 2006; Contreras-Hermosilla et al., 2007). Some examples of what have been considered illegal forestry activities are given in Box 4.

Illegal logging is a fundamental problem in certain nations suffering from corruption or weak governance. International trade is one of the few sources of influence sufficient to create the political will to make improvements. Several international processes4 have taken up this issue, and national efforts have started to appear as a result. During the last five to 10 years, illegal logging and illegal trade have risen to the top of the international forestry agenda.

Illegal logging of wood and paper-based products entails a complex set of legal, political, social, and economic issues. Poverty, lack of education, financial issues, population growth, and weak governance are all enabling factors for illegal activity. Illegal activity has many drivers that make it challenging to address this issue. These drivers are often associated with a range of items from short-term economic gain to local and national actors including communities and governments:

  • Local (and often national) governments may receive higher revenues as a result of illegal land conversion and increased timber production.
  • Because illegally logged wood can be sold at lower prices, it depresses the profitability of legally harvested wood while improving the competitiveness of industries that use illegal wood.
  • Many people may derive an income from illegal forest activities.

Illegal logging and illegal trade can create serious problems:

  • Government revenue losses – the World Bank estimates that governments lose revenue equivalent to about US$ 5 billion per year (World Bank, 2002A).
  • Unfair competition – market distortion and reduction of profitability for legal goods; the World Bank puts this cost at more than US$ 10 billion per year (World Bank, 2002A).
  • Increased poverty – occurs indirectly when governments lose revenues.
  • Support and funding of national and regional conflicts.
  • Unplanned, uncontrolled and unsustainable forest management.
  • Destruction – areas important for biological conservation, ecosystem services, and local livelihoods.

Between 8-10% of global wood production is estimated to be illegally produced, although the great uncertainty of these estimates is also acknowledged; most of this illegally produced wood is used domestically, although a significant portion enters the international trade either as finished products or raw materials (Seneca Creek and World Resources International, 2004). Estimates of illegal logging in specific countries and regions vary depending on the nature of the activity and the variability of laws and regulations (Figure 4).

Factors to consider regarding legality

  • Legality is not an issue in every country. A pragmatic approach may be to begin by identifying regions/countries at higher risk, and then focusing efforts on aspects of concern within those areas (e.g., corruption, lack of law enforcement, social conflict, etc). A number of resources are available to assist in this process (below).
  • Legality is not always better than illegality in terms of SFM.
  • Lack of compliance with minor administrative regulations may not have a significant impact on sustainability. It is desirable, but difficult, to focus on significant infractions.
  • There are also cases when the law is not seen by everyone as equitable or fair (e.g., people with traditional claims to the land), or where laws protecting customary rights are not enforced or ignored.
  • Verification of compliance with all national laws can be challenging. A pragmatic way to address this is to establish whether violations are merely oversights or form a pattern of major violations with serious impacts on sustainability.
  • It is difficult to prove legality beyond good title because legal systems document non-compliance (i.e., citations, fines), not compliance. Transfer of title, however, is commonly documented through bills of lading and other negotiable instruments. Even for title, however, the risk of forged documents can be significant in some places. At a minimum, documents should carry all appropriate stamps and seals from the relevant governmental agencies.
  • Consider actively supporting government action to address illegal logging and international trade in illegally-produced wood-based products.

Box 4. Examples of illegal forestry activities

Illegal activities can generally fall into two broad categories: illegal origin (ownership, title or origin), and lack of compliance in harvesting, processing, and trade. The following are examples of activities that have been identified and/or included in some definitions of illegal logging (Contreras-Hermosilla, 2002; Miller et al., 2006; GFTN, 2005).

Illegal origin (ownership, title, or origin)

  • Harvesting of wood in protected areas without proper permission (e.g., in national parks and preserves). This may include instances where authorities allocate harvesting rights without properly compensating local people.
  • Logging protected species.
  • Logging in prohibited areas such as steep slopes, riverbanks and water catchments.
  • Harvesting wood volumes below or above the limits of the concession permit as well as before or after the logging period stated in the harvesting license.
  • Harvesting wood of a size or species not covered by the concession permit.
  • Trespass or theft, i.e., logging in forests without the legal right to do so.
  • Violations, bribes and deception in the bidding process to acquire rights to a forest concession.
  • Illegal documentation (including trade documents).

Lack of compliance throughout the supply chain (harvesting, manufacturing, and trade)

  • Violations of workers’ rights (e.g., illegal labor, underpaying workers, etc.), labor laws and international standards, and violation of traditional rights of local populations and indigenous groups.
  • Violation of international human rights treaties.
  • Wood transported or processed in defiance of local and national laws.
  • Violations of international trade agreements (e.g., CITES species – Box 5).
  • Failure to pay legally prescribed taxes, fees and royalties.
  • Illegal transfer pricing (e.g., when it is to avoid duties and taxes), timber theft, smuggling.
  • Money laundering.
  • Failure to fully report volumes harvested or reporting different species for tax evasion purposes.

Different definitions of illegal logging can lead to different estimates, which makes addressing the problem more difficult (Contreras-Hermosilla et al., 2007; Rosembaum, 2004). Defining illegal logging is not only a technical issue, but one with potentially far-reaching political implications (Contreras-Hermosilla et al., 2007).

Box 5. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)

The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) was established to limit and regulate the trade of endangered species.

CITES is an international, legally binding agreement to ensure that international trade of certain animals and plants (including wood from certain tree species) does not threaten their survival.

CITES establishes controls for the international trade of selected species. All import, export, and introduction of species covered by the convention must be authorized through a licensing system established by member countries. Each country designates one or more Management Authorities that administers the licensing system advised by one or more Scientific Authorities.

Based on the degree of protection needed, species covered by CITES are listed in three appendices:

  • Appendix I – species threatened with extinction; trade is permitted but under very restricted circumstances
  • Appendix II – trade of these species is controlled and regulated to ensure their survival
  • Appendix III – species subject to special management within a country.

Sources: CITES website, and UNEP/WCMC’s Tree Conservation Information Service website.