The Comparison of ISPO and RSPO Certification-2
The Comparison of ISPO and RSPO Certification-2
The Comparison of ISPO and RSPO Certification-2
In the biodiversity conservation aspect, ISPO requires and Health (OHS). This plan should be documented,
the oil palm growers to have the result identification communicated, and effectively implemented. Also,
of the protected areas and High Conservation the oil palm growers must ensure that the working
Value (HCV) areas. The SOP for managing HCV environment is safe without any health risks.
and protected areas, the site location map and the
management plant of HCV and protected areas, an Regarding the workers' rights to form labour unions,
SOP on biodiversity conservation, and the priority list ISPO requires the oil palm growers to facilitate the
of flora and fauna in and outside of the plantation formation of labour unions to express the workers'
area (from the environmental document), pre and rights whereas the RSPO inquires the oil palm
post plantation activities. In addition, the result of the growers to respect the rights of all workers to form
identification and the planning program of HCVs and and join a labour union and to collectively negotiate
protected areas should also be informed to workers their rights with the company. When the rights to
and local communities. Meanwhile, RSPO requires form a labour union and collective discussion are
protection for all rare, threatened, and endangered restricted by laws, employers must facilitate any
species in the HCVs areas as well as adjacent parallel methods to form a labour union and conduct
plantation areas. In addition, monitoring activities an open and independent negotiation for all their
should be included in the plantation management workers.
planning.
Third, related to governance, the two standards
Second, related to social and labour context, regulate the compliances with the law, provision
both standards regulate the compliance on land and disclosure of information, and the extension or
rights, child and forced labour, Health and Safety termination of certification, with several different
Environment (HSE), and workers’ right to form a clauses. Regarding compliance with the laws,
labour union and several different stipulations. ISPO inquires the applicants (oil palm growers)
Regarding the land rights (ownership), ISPO requires to comply with applicable laws and regulations
the availability of a site location permit, the process such as the fulfillment of land rights legality and
of obtaining the land, and the right ownership such as plantation business permits. While for the oil palm
cultivation right tittle (HGU), the right of the building smallholders, compliance with the law includes
(HGB), and the right to use. In contrast with the RSPO legality and smallholders’ management, location,
standard, the applicants must have legal documents dispute, the legality of smallholders’ business, and
showing ownership or authority to use the customary the environmental permit obligations. Apart from
land and acknowledged by the land owners through that, all oil palm growers in Indonesia must comply
a free, prior, and informed consent (FPIC) process. with all applicable regulations as follows: labours,
These documents must be able to explain the history good agricultural practices, waste management and/
of land ownership and legal use of land. Related to or utilization, emissions management, disturbance
child labour issues, ISPO demands to prohibit hiring levels, fire and disaster controls, protected areas
child labour and discrimination act in the working and HCVs areas, biodiversity conservation, soil and
environment in accordance with the applicable water conservation, indigenous people, and others.
laws and regulations while RSPO requests for the Meanwhile, RSPO demands all oil-palm growers to
policy establishment that formally prohibits child comply with all applicable laws and regulations at
labour. The oil palm growers must hold an evidence local, national, and ratified international as basic
document showing the minimum age requirements principles of operation in any jurisdiction.
for workers. Furthermore, the policy should also
be implemented and informed to all actors in its For the provision and disclosure of information,
supply chain including oil palm smallholders. For ISPO requires the implementation of transparency
the forced labour aspect, ISPO inquiries about the oil palm plantation mills in terms of the source of
written policy of the oil palm growers that regulates Fresh Fruit Bunches (FFB), the calculation of the K
the prohibition of all forms of forced labor or slavery index and transparency of supporting data, and fair
in executing all operational activities whereas RSPO and transparent FFB pricing, complaints handling,
prohibits any forced labour or human trafficking to commitment to eradicate any bribery actions, and
become workers in the oil palm plantation. traceable supply chain systems. Additionally, ISPO
requires the implementation of transparency for
For the Health and Safety environment aspect, ISPO smallholders in terms of sales and price agreements
inquires the oil-palm growers should implement of FFB as well as the provision of data and
the Health and Safety Environment procedures in information. Meanwhile, RSPO inquiries about oil
accordance with the applicable laws and the RSPO, it palm growers to provide adequate information on
is required to develop a plan on Occupational Safety the environment, social, and applicable laws on RSPO
criteria for relevant stakeholders. So, participation the next audit, the non-compliance category would
can be effectively performed in decision-making. be listed in the major category. Moreover, if the
This information can be formulated or shown in major non-compliance is found again in the annual
the management process as the results of the FPIC surveillance audit (ASA), the consequences would be
process, Environmental Impact Analysis (AMDAL), the suspension of the RSPO certificate. The major
Human Rights Policy (HAM), and social programs to non-compliance raised during the surveillance audit
prevent and mitigate adverse social impacts. and recertification must be successfully completed
within 90 days, or the certificate will be suspended
In regard to extension and termination of the and subsequently be revoked if the major non-
certification, ISPO determines that the ISPO certificate compliance is not addressed within the agreed
is valid for five years. An expired ISPO certificate timeframe as specified, not later than six months from
can be renewed by submitting an application for the last day of the audit. The Certification Body must
recertification no later than six months before document procedures regarding the circumstances
the expiration of the ISPO certificate. The first and of suspension and revocation, ensuring that the
second audits are performed in the re-certification client (certified institution) discontinues the use of all
in accordance with the initial certification process. promotional and advertising materials that contain
If there is no significant change that affects the any reference to certified status. The Certification
fulfillment of the ISPO principles and criteria, the Body must notify the RSPO within one working
same ISPO Certification Body can immediately day, along with the effective date and justification
conduct a second audit in phase two. A significant for suspension or revocation. After revocation and
change includes amendment in permit documents, termination of the certificate, a recertification audit
size of plantation area (hectares), and/or processing is required before the certificate can be re-assigned.
unit capacity. The decision to recertification is
determined before the expiration of the ISPO Fourth, the supply chain aspect, both standards
certificate and no later than four months from the regulate the tracing of the supply chain with different
last day of the second audit phase two. Furthermore, stipulations. ISPO acknowledges two supply chain
the oil palm growers that have obtained the ISPO models namely a segregated model and a mass
certificate must be monitored by the Certification balance. The Segregation Model demands that
Body that issued the ISPO certificate. The first 100% of all raw materials are from ISPO-certified
surveillance is undertaken between 9 – 12 months fresh fruit bunches (FFB) at each stage of processing
from the date of the certification. Subsequent starting from production, processing, storage, and
surveillance is conducted annually for a maximum transportation throughout the supply chain. The
of 1 (one) year from the previous surveillance. If Mass Balance Model inquires at least 30% of the raw
there are some findings during surveillance, a period materials are certified in the very first surveillance
of improvement is given no later than three months and it (the certified FFB raw materials) will be
from the closing meeting of the surveillance. If the increased in the following year. Moreover, ISPO
certified oil palm growers receive a surveillance requires the palm oil mills to have a system to find
decision in the form of suspension, they are given a out the source of ISPO-certified and non-certified FFB
maximum period of six months before the decision suppliers. The mills and their supply chain must have
to revoke or terminate the ISPO certificate. the SOPs that explain the procedures for receiving
FFB from all supplier sources including the purchase
RSPO stipulates that the maximum validity period of from the third parties (purchases from legal sources,
an RSPO certificate is five years. The Certification Body criteria, and category determination of supplier risk).
must conduct an annual surveillance audit during ISPO also requires an up-to-date list of registered
the validity of the certificate and a recertification FFB suppliers and FFB sources
compliance audit before the end of the five-year
period. Non-compliance with a requirement is a non- Meanwhile, the RSPO regulates two supply chain
compliance that is categorized as a minor or major models such as ISPO, namely segregation and mass
non-compliance. At the time of initial certification, balance. RSPO also requires that all FFB sourced
if there is a major category of non-compliance, direct information about the geolocation of FFB
the certificate will not be issued until the non- origin, proof of ownership status or rights/claims
compliance is fulfilled in a maximum of 12 months to land by smallholders/smallholders and if any,
after the last meeting. If it cannot be fulfilled within valid planting/operation/trading permits, or indeed
the agreed time duration, then a re-audit will be part of a cooperative that allows buying and selling
conducted and for a minor non-compliance, it will be TBS. Meanwhile, for all FFB sourced from indirect
verified in the next audit. At the time of the annual suppliers, the unit of certification is obtained from
surveillance audit (ASA), if it is not addressed until collection centers, agents, or other intermediaries.
The comparison of ISPO and RSPO Certification to achieve Sustainable palm oil production in Indonesia
Indicator 3.9.1.
Circumstances
The development of a new oil palm plantation area could not occur in the natural
forest and peatlands in accordance with the applicable laws and regulations.
The definition of a primary natural forest is the forests with a category consisting
of one type or a combination of appearances from primary dryland forest, primary
swamp forest and primary mangrove forest. The Director-General of Forestry
Planning and Environmental Management enacted regulation No.P.6 of 2019
which encompasses this definition.
• Description:
For development area.
All rare, threatened, or endangered (RTE) species are part of conservation values in the HCV
identification.
Indicator 3.7.1:
• Circumstances:
1..Having SOP regarding biodiversity conservation and management;
2..Having a list of flora and fauna in the plantation and the adjacent area (from environment
document), pre and post the development of oil palm plantation.
The comparison of ISPO and RSPO Certification to achieve Sustainable palm oil production in Indonesia
CRITERIA
RSPO (P & C November 2018) ISPO (MOA regulation No. 38, 2018)
Environmental Aspect
Biodiversity Status of Rare, Threatened, • Description:
conservation Endangered (RTE) species and 1. List of prioritized flora and fauna in the RTE category or protected under government regulation, IUCN,
other potential habitats which has and other species that are not listed in the three categories;
high conservation value should be 2. Government regulation No. 7 of 1999 regarding the preservation of flora and fauna set the list of
protected flora and fauna species. This regulation had been amended to Minister of Environment and
identified and managed to ensure
Forestry Regulation No. P.20 of 2018, in conjunction with P.92 of 2018, and in conjunction with P.106 of
that they are protected and/or 2018;
increased their population. 3. Laws No. 5 of 1994 on ratifying the UN convention on biodiversity
4. Presidential decree No. 43 of 1978 regarding CITES ratification.
• Description: • Description:
This policy is not only binding in the certification unit but also 1. Starting from oil palm growers’ policy related to the prohibition of employing minors
applies to sub-contractors (service contracts, Fresh Fruit Bunch in accordance with the applicable labour laws. This applies to all levels of workers
(FFB) suppliers, and others). and temporary/contractor workers.
2. Record of the employee list comprising the information on names, education,
2. Indicator 6.4.2.: position, place, date of birth, etc.
Circumstances: 3. A sign prohibiting children from dangerous work locations for children. This sign must
Documented evidence on the fulfilment of workers’ minimum age have been known by all workers and their families.
requirements in accordance with applicable regulations and
verification procedures for age requirements are available. The following information is the list of applicable laws and regulations:
• Description: - Laws No. 13 of 2003 regarding labour. Article 1 defines what children are and article
The (Indonesian) national interpretation mandates that the 68 states and regulates that the employer must not hire minors;
certification unit should not employ/hire people under 18-year- - Laws No 20. of 1999 on ILO ratification No. 138 of 1973 regarding the standard age
old. limitation for working or getting a job;
3. Indicator 6.4.2.: - Laws No. 23 of 2002 in conjunction with No. 35 of 2014 on children protection;
Circumstances: - Laws No. 1 of 2000 on ILO ratification No. 182 regarding the prohibition and
The unit of certification demonstrates communication about its no immediate action for the elimination of the worst forms of child labour;
child labour policy and the negative effects of child labour and - Minister of Labour and Transmigration Regulation No. 235 of 2003 regarding the types
promotes child protection to supervisors and other key staff of dangerous works for the health, safety, or children’s morals;
smallholders, FFB suppliers, and communities where workers - Laws No.21 of 1999 on ILO ratification No. 111 of 1958 regarding the discrimination at
live. work and positions.
• Description:-
Government Aspect
Compliance Laws and national Principle 2. The operation is run legally as well as respecting the Principle 1.
with Laws regulations from local rights. Implementing any legal provisions as a fundamental The compliance of the plantation business legality including the land rights and the legality of oil-palm
(outside Japan) the origin country principle of the operation in any jurisdiction. growers (plantations).
have complied Criteria 2.1. There is compliance with all appropriate laws and
regulations at the local, national, and ratified international level; Regarding the land rights, the oil-palm growers must have the following information and/or documents:
- A land permit issued by the authorities and attaching the relevant map according to the district or
The appropriate statutory regulations in this regard include but are provincial spatial planning (RTRW/RTRWP);
not limited to: - Oil palm plantations coming from convertible production forests must have a permit of forest estate
1. Rights on land and its utilization; release from the Ministry of Environment and Forestry (MoEF/KLHK) or Investment Coordinating
2. Labours affairs; Board/Ministry of Investment (ICB/BPKM);
3. Agricultural practices (e.g., chemical material usage) - Letter of consent on the principle of exchanging forest areas when the plantation comes from
4. Environment (e.g., laws on wildlife protection, pollution, forestry, production forest and limited production forest;
and environmental management; - Fully informed consent with comprehensive information (no coercion) from indigenous people. This
5. Transportation and processing practice. applies if the land for the plantation uses customary land.
- Legal land rights according to the applicable laws.
The referred statutory regulations include any new (revised)
legitimated laws as the country’s obligation towards ratified Regarding the legality of plantation business, the following information and/or documents are required:
international or convention as well as recognized customary - The oil palm growers must be a legal entity that has all required permits to be recognized as a
laws. business legal institution;
- Must have an environmental permit issued by the relevant authority in accordance with the
The RSPO P&C standards – Indonesian National Interpretation, applicable laws and regulations;
Nov 2019 stated that the dominant information of requirement - Facilitating the development of smallholder plantations of the local communities in accordance with
compliance referred to the imposed statutory regulations in the the applicable laws and regulations;
Republic of Indonesia. - Have a legal plantation business permit.
Criteria for compliance with laws and regulations for plantation companies are required to have the
following documents/information:
- Land legality
- The business legality of the plantation;
- Legality and the management of community smallholders;
- Community smallholders’ location;
- Land dispute, compensation, and other disputes;
- Business legality of smallholders; and
- Obligations regarding environmental permits;
Principle 1.
The compliance of the plantation business legality including the land rights and the legality of oil-palm
growers (plantations).
Regarding the land rights, the oil-palm growers must have the following information and/or documents:
- A land permit issued by the authorities and attaching the relevant map according to the district or
provincial spatial planning (RTRW/RTRWP);
- Oil palm plantations coming from convertible production forests must have a permit of forest estate
release from the Ministry of Environment and Forestry (MoEF/KLHK) or Investment Coordinating
Board/Ministry of Investment (ICB/BPKM);
- Letter of consent on the principle of exchanging forest areas when the plantation comes from
production forest and limited production forest;
- Fully informed consent with comprehensive information (no coercion) from indigenous people. This
applies if the land for the plantation uses customary land.
- Legal land rights according to the applicable laws.
The comparison of ISPO and RSPO Certification to achieve Sustainable palm oil production in Indonesia
CRITERIA
RSPO (P & C November 2018) ISPO (MOA regulation No. 38, 2018)
Environmental Aspect
Provision and Ensure that the Principle 1. Ethical and transparent principles should be performed. Principle 6. The implementation of transparency includes the source of FFB, determination of fair and
Disclosure of certified entity Encourage ethical business conducts and urge trust and transparent FFB pricing, disclosure of information (non-confidential) and complaint handling,
Information gives the right transparency with all stakeholders to ensure great and healthy commitment to not involve in bribery affairs, and the supply chain system that can trace the following
information to the relationships. information:
Regarding the FFB, oil palm growers must have:
stakeholders.
Criteria 1.1. The certification unit provides sufficient information - The system to trace the supplier source of FFB;
to the stakeholders regarding environmental, social, and any - The list of FFB suppliers to the oil palm mill;
relevant laws attributed to the RSPO criteria. Appropriate - Provide up-to-date information periodically on FFB prices to the FFB suppliers.
language and forms should be applied in order to achieve
effective and participatory decision-making. Regarding disclosure of the information, oil palm growers should provide data and information to
related institutions and other stakeholders (except any confidential information) in accordance with
The above criteria indicator is related to the management document applicable laws and regulations.
which corresponds to the environmental, social, and law issues in The criteria for transparent oil palm growers are:
accordance with the compliance with the RSPO criteria. - The source of FFB (including suppliers);
- The calculation of the K index (determination of FFB price) and transparent supporting document;
Management documents comprise the result of the FPIC process, - The determination of fair and transparent FFB pricing;
Social and Environmental Impact Assessment (SEIA/AMDAL), - Disclosure information (non-confidential) and complaint handling;
humans right (including the protection of human rights defenders, - Commitment to not involve in bribery affairs
witnesses, and whistle-blowers), the social programs to mitigate - Traceable supply chain system.
the adverse social impact and improve the standard of living, The criteria for transparent suppliers (community smallholders) are:
number of gender distribution in labour which is categorized - The agreed pricing and selling of FFB
in management, administrative staff, and workers (permanent, - Provision of data and information
temporary, and pieceworkers), a partnership program with
smallholders, education and health programs in the community.
Renewal/ The regulations Information regarding renewal/cancelation certificate is explained The information on the implementation certification process is regulated in the Minister of Agriculture
cancelation on renewal and in the RSPO P&C & ISH certification system 2020 as follow No.38 of 2020, as the following information:
Certificate cancelation information: The certification processes consist of the three following phases:
certification have - The maximum validity certificate of P&C RSPO is 5 (five) years. 1. The first audit
been available. The certification body ought to conduct an Annual Surveillance 2. The second audit
Assessment (ASA) during the validity period of the certificate and 3. The decision-making of certification
a compliance audit recertification before the end of 5 (five) year
period; The first audit:
- Fail to comply with all principles and criteria is a non- - The first audit is conducted within 3 months period after signing the ISPO certification agreement;
compliance. This will be subjected to the categorized indicators - If the results meet the assessment principles, it will proceed to the second audit;
(minor or major); - If the results do not meet the assessment principles, the auditee is given 6 months in order to
- At the initial certification; if there is a major category of non- improve the findings in the first audit. The first audit can be terminated if the auditee could not fulfill
compliance, the certificate will not be issued until it is addressed. the assessment requirements and it will be informed to the applicants about the reason for audit
The time duration for the fulfilment is 12-month after the termination.
closing meeting and the re-audit will be undertaken afterward.
Meanwhile, for the minor category of non-compliance, the The second audit:
verification will be conducted in the Annual Surveillance - Sampling method is used for the audit.
Assessment (in the coming year). - If the result meets the assessment principles, then, it will be forwarded to the decision-making of
- At the Annual Surveillance Assessment (ASA), if the minor non- certification;
compliance finding is not addressed, then it will be upgraded - If the results do not meet the assessment principles, the auditee is given 6 months in order to improve
into major while for the major category, the issued certificate the findings in the second audit. The second audit can be terminated if the auditee could not fulfill
will be suspended or revoked immediately; the assessment requirements and it will be informed to the applicants about the reason for audit
termination.
Ensuring the This can be RSPO has regulated the supply chain requirements for oil palm ISPO has regulated the supply chain requirements for oil palm mills and has integrated with the Minister
supply chain verified through mills. This has been integrated into 2018 P&C, principle 3.8; of Agriculture Regulation No. 38 of 2020 article 30 and annex 1 principle 6.6.
the entire supply
chain that all used There are two types of supply chain models namely Identity There are two types of supply chain models namely The segregated model and Mass Balance (MB)
biomass fuels for Preserved (IP) and Mass Balance (MB)
generating the The segregated model is required that all raw materials of FFB (100%) must be certified by ISPO at all
power have been The Identity Preserved (IP) model is if the company harvests the stages of production. The storing process and shipping transportation in all supply chain processes.
certified. FFB from the certified plantations which have complied with the
RSPO’s principle and criteria or according to the group certification Model Mass Balance is required that at least 30% of raw materials have been certified for the first
scheme; surveillance. Furthermore, the additional increasing number of certified FFB materials is required in the
following year.
The Mass Balance (MB) model is for CPO mills that receive a certain
volume of certified and uncertified FFB. This might occur when they
receive from local smallholders who don’t have certificates apart
from their own and third-party certified suppliers.
According to the above scenario, the mills can only claim the
volume of palm oil products produced from the certified FFB
processing as Mass Balance.
The comparison of ISPO and RSPO Certification to achieve Sustainable palm oil production in Indonesia
CRITERIA
RSPO (P & C November 2018) ISPO (MOA regulation No. 38, 2018)
Environmental Aspect
The legality of FFB All FFB supplies from outside certification unit come from legal In the Minister of Agriculture Regulation, the ISPO criteria 6.1 requires that oil palm mills have a system
raw materials sources; to identify the source of FFB suppliers (all ISPO certified products or not). The mills and their supply
RSPO Indicator 2.3.1. All directly sourced FFB must have the chain are required to have SOPs that elaborate the procedures of receiving from all supplier sources
following information; including the purchase of FFC from third parties. In addition, the information of legal source, criteria,
- Information on geo-location of FFB origins and determination category of the risk suppliers are regulated in the SOP.
- Proof of the ownership status or the right/claim to the land by the
grower/smallholder ISPO requires to have a history list of FFB supplier list names and an up to date FFB sources.
- Where applicable, valid planting/operating/trading license, or is
part of a cooperative which allows the buying and selling of FFB.
Meanwhile, for all indirectly sourced FFB, a certification unit is
obtained from the collection centre, agent, or other distributors.
Ensuring the The accreditation - The RSPO issued the system certification requirements as The operational of ISPO is referred from Presidential regulation No. 44 of 2020 regarding the
characteristic process of the guidelines for a certification body to act and as a reference in certification system of sustainable oil palm plantation in Indonesia and Minister of Agriculture
of the third Certification Body accrediting; Regulation No. 38 of 2020.
party in the (CB) - Each certification body must be accredited by an accreditation
accreditation agency; 1. Every certification body must be accredited by an accreditation body;
process - The accreditation agency is the Assurance Services 2. The accreditation agency is National Accreditation Committee (KAN), this is mentioned in the
certification International (ASI); Presidential Regulation No. 44 of 2020;
body and - The duration of accreditation is five years and an annual 3. The accreditation period of the certification body is regulated by the accreditation body;
final decision surveillance assessment. 4. The certification body must be enlisted in the ministerial or government agencies that work for
to grant the plantation or relevant affairs;
certification 5. The National Accreditation Committee (KAN) is a member of the International Accreditation
Forum (IAF), Pacific Accreditation Cooperation (PAC), International Laboratory Accreditation
Cooperation (ILAC), dan Asia Pacific Laboratory Accreditation Cooperation (APLAC). The
credibility of the KAN logo is recognized by all members of IAF, PAC, ILAC, or APLAC.
The final - The certification body must prepare the certification audit The original assessment report certification is assessed by the auditor team from the Certification
decision on report. The certification body should submit the draft Body and submitted to the certification decision-maker unit. This process should be done within a
certificate report for peer review. The peer reviewer should not be the maximum of one month after all audit processes.
approval permanent or temporary staff of the certification body. The
certification body will only complete the report after the ISPO certification is issued by Certification Body. The certificate is signed by the head of the
analysis from the peer. The final decision on certification Certification Body.
approval is made by the certification body;
- The auditor and peer reviewer must be listed in the The ISPO certification body must submit a report to the ISPO committee regarding the following
accreditation agency; information:
- The certification body should issue the certificate and send a. The issued ISPO certificate; and
the copy to the RSPO secretariat along with the certification b. The list of oil palm growers that still have to improve and/or fulfill the ISPO principles and criteria.
report. The registration and approval from RSPO to issue the
activation license on the specially built portal (palm trace) for The ISPO auditors must have a competency test certificate from the Professional Certification
trading the certified products. Institute that has been licensed by the National Agency of Professional certification (BNSP)