Legally Binding Agreement

The political commitments of the participating FOREST EUROPE countries have advanced development of national forest policy and resulted in implementation of sustainable forest management throughout the continent. But new challenges like climate change need robust forest policies. A legally binding agreement on forests in Europe is considered as one option for addressing challenges and strengthening cooperation on forests throughout Europe.

Today, Europe’s forests provide a wide range of environmental, economical and social benefits. However, they face new and increasing challenges through climate change, land use changes, increased demand for renewable energy and commodities, global competition and other social and economic factors. This requires effective means and a strengthened policy framework on forests in the pan-European region. At the last Ministerial Conference of the FOREST EUROPE process in 2007, in Warsaw, Poland, it was therefore proposed to examine the potential of a legally binding agreement on forests in the pan-European region.  A working group within FOREST EUROPE was established in 2008 to carry out this work.

 

Recommendations for a possible legal binding agreement

During 2008 -2009 the Working Group on exploring the potential added value of and possible options for a legally binding agreement on forests in the pan-European region prepared technical background on possible options of a legally binding agreement. The working group elaborated on possible content and structure and the potential added value and pros and cons, as well as possible costs. Furthermore, it mapped implications of legally binding agreement options for other relevant agreements plus bodies and processes. The main findings and recommendations elaborated by the working group experts were summarised in a final report, from which the following conclusions can be drawn:

A legal framework could be an effective policy option for addressing the challenges and opportunities for the forests and forest sector in Europe. The main objective for a legally binding agreement on forests in Europe should support and enhance sustainable forest management and the multifunctional role of forests and to enhance cooperation at European level to this end. Future work on a possible legally binding agreement should aim towards achieving a framework agreement that contains broad European objectives and obligations. At the same time such an agreement should provide the flexibility for parties to develop standards and measures at a national level in order to reach the overall objectives. A legal agreement would not necessarily replace FOREST EUROPE as a voluntary process, but could be complementary.

 

Non-paper and options for ministerial decision under preparation

The ministers responsible for forests will consider the future direction of the process at the next Ministerial Conference of FOREST EUROPE to be held in Oslo, Norway from 14-16 June 2011.  In this context, it is expected that the ministers will also take a decision about whether to enter into negotiations on a legally binding agreement on forests in the pan-European region.

In order to prepare background for a ministerial decision, a second Working Group within FOREST EUROPE will work on preparing options for a decision on a possible legally binding agreement on forests in Europe and will develop a comprehensive document in the form of a non-paper, which sets out options for a legally binding agreement on forests in Europe. The non-paper will include objectives, commitments, institutional arrangements, negotiations process, as well as options on how an instrument could take advantage of the already existing FOREST EUROPE commitments and arrangements. There will be three meetings of the Working Group, the first of which took place on 22-23 February 2010 in Geneva, Switzerland. The Working Group will deliver results later this year, in due time for the next  Ministerial Conference in June 2011.

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