The best environmental choice in seafood

1. Disclaimer If any interpretive issues arise in relation to the issues covered in these presentations, the text of the MSC Scheme Documents will prevail in all instances. The MSC is not responsible for any issues arising to any parties as a result of consulting these presentations. If you are unsure of any details on any of the subjects covered, please consult the relevant MSC scheme documents or contact the MSC at standards@msc.org. MSC Executive October 2010 The best environmental choice in seafood

2. The MSC Objections Procedure The requirements in practice Maylynn Nunn MSC CB training 7 October 2010, London

3. Presentation structure 20 minutes

4. Introduction to the MSC Objections Procedure

5. Objectives of the OP • Provide a structured and transparent process by which specific concerns about certification decisions can be formally lodged, reviewed and resolved. • Provide for a review of contested certifier decisions that is independent of the certifier, objector and the MSC, to ensure that such decisions on certification meet the MSC Principles & Criteria.

6. The Independent Adjudicators IAs

7. The Objections Procedure

8. An overview

9. Submission of the objection

10. Notice of Objection • Must set out clearly and precisely the basis on which the CB determination should be remanded, e.g. (4.8.2): • Serious procedural or other irregularity in the fishery assessment process that made a material difference to the fairness of the assessment; • Score given by CB to PI(s) cannot be justified and effect of the score was material to the outcome of the CB determination; • The CB determination should be remanded to enable the CB to consider additional information described in the NoO.

11. Receipt of Notice of Objection

12. If NoO accepted…

13. CB response to NoO (4.6.1) • 20 days from date of publication • Reconsideration of final report & determination • Show the extent to which issues in NoO were taken into account during assessment • Take into account submissions from other stakeholders • Show any proposed amendments to final report & determination in light of reconsideration

15. Consultations Does the CB response adequately address issues raised in the NoO? Strives to conclude in 10 days

16. Resolution of issues

18. Adjudication

19. …subject to costs (4.10) • Costs of adjudication process (now £5000) borne by objector(s). • MSC will provide information to objectors at earliest opportunity (not later than 5 days from acceptance of NoO). • Objectors may apply to IA for waiver (4.10.5). • Objection shall not proceed to adjudication unless fee agreement signed with MSC, or waiver obtained by 10 days after NoA. • Fee agreement is confidential to MSC & objector(s).

20. Oral hearing • An opportunity for the CB, objector(s) and fishery client to present their cases in person • May be conducted by video or teleconference • IA may create additional rules of procedure • Aim is to complete hearing in one session but further sessions may be required

21. Basis of IA evaluation (4.7.5) The IA cannot consider issues not raised in the Notice of Objection (4.7.6), but may solicit expert advice (4.7.7).

23. IA decision (4.8.1) • IA decision is final & no additional objections may be made (4.9.6)

25. IA confirms CB determination… 4.9.7

26. IA remands CB determination… 4.9.1-4.9.6

27. General things to remember… • Role of the MSC is to provide logistical and administrative support to IAs. • Days = working days. • IA can extend time limits in case of statutory holidays in countries where involved stakeholders reside. • Any documents submitted under the OP, except for those relating to costs, shall be available to any other party.

28. Questions? ??!

29. Thank you.