The Participation Agreement A Supply Chain Support Mechanism for the Sustainable Agriculture Network and Rainforest Alliance Certified TM Frequently Asked Questions In 2011, the Rainforest Alliance and Sustainable Agriculture Network (SAN) began charging some of the costs of managing the certification program to those who buy crops from certified farms. The charge is levied on one actor in the value chain and based on volumes of certified goods traded. It began with coffee, was extended to tea and cocoa, and will eventually cover all certified crops. This has naturally raised a number of questions, and our teams have been meeting with producers and companies, as well as other stakeholders, to explain the new financial model and gather feedback on the process. This document summarizes the most frequently asked questions. 1. Why a Charge, and Why Now? Since 1991, the development of the pioneering SAN standard for sustainable agriculture and the related Rainforest Alliance Certified systems have been primarily supported by funds from public sector donors and philanthropic foundations. Most funds have gone toward field research, developing better farm-management practices, training and organizing farmers and developing an effective standard. While our standard, training programs and auditing methodologies are recognized for excellence, the market support systems which link certification to on-pack product claims have not kept pace. Until recently, farmers, who paid for auditing services and an annual fee based on farm size, were the only actors in the value chain regularly contributing to the development of the system. Some food companies and suppliers contracted services from us for technical assistance and a variety of projects. The NGOs, donors and companies involved in buying and marketing crops from certified farms all wanted better distribution of the costs of the program. The Rainforest Alliance, which owns the certification mark, and the other members of the SAN researched options with the support of participating traders and food companies. After extensive review, the Rainforest Alliance and the SAN agreed to implement a single, simple charge to those companies directly benefiting from the program, in essence, the price of entry. This system was designed as a minimally intrusive, efficient, transparent and equitable way to better distribute the costs of developing and managing the program and providing value-chain actors the systems and services they deserve. We call it the Participation Agreement. 2. What’s in a Name? The Participation Agreement is an agreement among the Rainforest Alliance, the SAN and the companies that buy and sell goods from certified farms. It outlines the system and the costs of engagement. For tax and contract purposes, the charge is Version April 2012 Page 1 structured as a royalty payable to the Rainforest Alliance for the use of the Rainforest Alliance and SAN intellectual property, including the certification seal. 3. What’s the Cost? The Participation Agreement charge is levied on volumes of traded crops sourced from Rainforest Alliance Certified farms and registered in our traceability system. The amount varies by commodity. For example, the contribution is $.015 per pound of green coffee (charged to the importer/first buyer); $.0125 per kilogram of blended tea (charged to the blender or party breaking up the original traceability unit); and $.015 per kilogram of cocoa (charged to the exporter/first buyer). See appendix for details. The rate for other crops will be determined in due course and in continued adherence to the principles of transparency and equity. 4. How is the Charge Levied? The royalty is levied on volumes of goods from Rainforest Alliance Certified farms that are registered in our traceability system. Invoices are issued quarterly. 5. Why a Flat Rate Regardless of Volumes? Through research and discussions with companies and stakeholders, we concluded that a flat rate per commodity was the fairest and most transparent formula – and the most practical to implement. The rates were initially set to represent about 0.5% of the traded price of the certified product. In order to keep the system from intruding into the terms of trade and to avoid companies disclosing confidential information on their sales/purchase price, most stakeholders preferred a flat rate. In addition, it would be impractical to levy a tiered price structure in the already complex supply chains. Of course we want seal-using businesses to continue to scale up volumes to 100% and drive sustainability through certification. The system will be reviewed after three years and the charges will remain fixed until January 1, 2015. As we all gain more experience with the Participation Agreement, we welcome suggestions for improvements. 6. How Will the Participation Agreement Funds be Used? The Rainforest Alliance and the other NGOs in the SAN are all non-profit, missiondriven conservation and rural development organizations accustomed to stretching funding to cover ambitious and effective programs. The SAN standard is the only international set of sustainability guidelines to be developed in the South and owned and managed by a coalition that includes Southern NGOs; it is not supported by a single major donor. Rainforest Alliance Certified has been the only charge-free system to date, and we wish we could keep it that way. But there are significant costs to managing the systems and services that farmers, businesses and consumers expect from a global certification mark. This initiative will manage and support: The use and protection of our intellectual property (name and seal); signing and distribution of license agreements; guidance and approval of marketing materials and press releases using our name and seal via the online traceability system; maintenance and support of our online database. Improvements in the traceability, chain-of-custody and data-management systems linking certified products from farm to factories. Version April 2012 Page 2 Standard development, including field research, adapting the global standard to specific crops and local conditions, stakeholder consultations, and the work of the International Standards Committee in Latin America, Asia and Africa. The SAN secretariat, with a small staff in Costa Rica, SAN operations, meetings, and the recruitment of new NGO members. The Sustainable Value Chains program of the Rainforest Alliance, which works with companies to stimulate demand and increase their purchases of goods from certified farms. Communications support to ensure producers and buyers of products bearing the certification seal describe their relationship with the Rainforest Alliance, the SAN and the Rainforest Alliance certification program accurately and effectively. Legal and administrative services. Other mission-related activities. 7. Can those Paying the Royalty See How the Funds are Used? The Rainforest Alliance maintains a four-star rating from Charity Navigator and is committed to transparency. Our books are independently audited and a financial summary is published in our annual report. The Rainforest Alliance and the SAN will provide updates about improvements in the standards and systems, advances that we would hope will be readily visible to participating companies. 8. Will Rainforest Alliance and SAN Continue to Seek Donor Support? Yes, and now that the challenges of doubling food production by 2050 in the face of climate change, limited freshwater, deteriorating farmlands and declining biodiversity are increasingly understood, there is growing demand for the sustainable agriculture knowledge, practices and programs that the SAN NGOs have accumulated over the past 25 years. Development agencies and foundations appreciate that we provide a rare combination of hands-on support to farmers, boots on the ground, and linkages between global food companies and millions of smallholders scattered around the tropics. Donor support helps expand the program; the Participation Agreement keeps the machinery running; both are needed. 9. Will the New Royalty Require a New Contract? Yes. Companies that are end-users of products bearing the Rainforest Alliance Certified seal will continue to sign our standard seal license agreement. Those companies that are also involved in trading from certified farms and thus paying the royalty will sign the new Participation Agreement. Version April 2012 Page 3 APPENDIX : ROYALTY Certified Farm Product Description Basis of Calculation Royalty Calculation Event Organization Paying Royalty Royalty Rate Coffee Green Coffee Beans for Export Net Shipped Weight on Bill of Lading Issuance of Traceability Reference to First Buyer1 First Buyer US$0.015 per pound of Green Coffee Beans Green Coffee Beans for Local Processing Net Weight on Purchase Invoice Issuance of Traceability Reference to First Buyer2 First Buyer Cocoa Beans for Export Net Shipped Weight on Bill of Lading Exporter Cocoa Beans for Local Processing Net Weight on Purchase Invoice Issuance of Traceability Reference to Exporter3 Issuance of Traceability Reference to First Buyer4 Made Leaf Tea Gross Weight on Garden Invoice/Chop Number Issuance of Traceability Reference to Blender5 Blender Cocoa Tea 1 First Buyer US$0.015 per kilogram of Cocoa Beans US$0.0125 per kilogram of Made Leaf Tea First Buyer is organization outside country of origin that first buys Green Coffee Beans for onward sale or processing. 2 First Buyer is organization inside country of origin that first buys Green Coffee Beans for local processing. 3 Exporter is organization inside country of origin that exports Cocoa Beans for onward sale or processing. Note: In the case of export by a government body (e.g. in Ghana, Cocoa Marketing Company Ltd.), Exporter is the organization that buys Cocoa Beans from farmers and arranges sale through the government body (e.g. in Ghana, Licensed Buying Company). 4 First Buyer is organization inside country of origin that first buys Cocoa Beans for local processing. 5 Blender is organization that buys Made Leaf Tea from tea factory inside country of origin for blending. Version April 2012 Page 4
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