EITI Standard 2016 transitional arrangements
On 23 February 2016 the EITI Board adopted the 2016 EITI Standard, replacing the 2013 EITI Standard. On 2 June 2016 the Board agreed the transitional arrangements for the adoption of the 2016 EITI Standard by implementing countries.
The Board agreed the following:
1. The following provisions of the 2016 EITI Standard will be phased in as follows. Where countries undertake Validation prior to these requirements coming into force, the Board will assess compliance with these provisions as soon as the requirements come into force:
- The requirement for work plans to “outline the multi-stakeholder group’s plans for implementing the recommendations from Validation and EITI reporting” (requirement 1.5.c.iv) will come into force on 31 December 2016.
- The requirement for annual progress reports (APRs) to include “an overview of the multi-stakeholder group’s responses to and progress made in addressing the recommendations from reconciliation and Validation” (requirement 7.4.a.iii) will come into force for 2016 APRs onwards.
- The requirement for MSGs to “publish its procedures for nominating and changing multi-stakeholder group representatives, decision-making, the duration of the mandate and the frequency of meetings” (requirement 1.4.b.vi) will come into force with immediate effect.
- Requirement 1.4.b.vi “Where the multi-stakeholder group has a practice of per diems for attending EITI meetings or other payments to multi-stakeholder group members, this practice should be transparent and should not create conflicts of interest” will come into force with immediate effect.
- The requirement for MSGs to “Agree a clear policy on the access, release and re-use of EITI data” (requirement 7.1.b) will come into force on 31 December 2016.
- The disclosure of beneficial ownership roadmaps (requirement 2.5.b.ii) is required by 1 January 2017. Countries applying for candidature after 1 January 2017 will be required to address the roadmap requirement as part of the MSG’s work plan.
2. The changes that relate to EITI Reporting listed below will only be assessed in Validations starting from 1 Jan 2018 onwards. Where feasible, implementing countries are encouraged to address these aspects in ongoing reporting. Countries are expected to address these aspects as they agree their next Terms of Reference for Independent Administrators. Where countries undertake Validation prior to these requirements coming into force, the Board will assess compliance with these provisions as soon as the requirements come into force.
- The requirement that EITI Reports be available in open data formats (requirement 7.1.c) will come into force on 31 December 2017
- The requirement that reporting on license allocations is extended to all licenses issued or transferred in the financial year covered by the EITI report (requirement 2.2.a) will come into force on 31 December 2017.
- The requirement that EITI Reports to cover the government’s policy and MSG’s discussions on disclosure of beneficial ownership (requirement 2.5.b.i) will come into force on 31 December 2017.
- The disclosure of beneficial ownership information (requirement 2.5.c) will come into force by 1 January 2020.
On 8 March 2017 at the Board meeting in Bogota, the Board reaffirmed that project level reporting is required.
The national multi-stakeholder group should devise and apply a definition of the term project that is consistent with relevant national laws and systems as well as international norms.
The Board tasked the Implementation Committee with reviewing current project level reporting practices by implementing countries with a view to developing recommendations for revising requirement 4.7, reviewing considerations related to the payments to be covered by the requirement, and developing guidance on the implementation of the requirement and a transition schedule for Validation.
Project level reporting is required for all reports covering fiscal years ending on or after 31 December 2018. Given the EITI’s “two-year rule” (requirement 4.8), this would effectively require project level reporting by all countries by 31 December 2020 at the latest.
In the interim, the current language of requirement 4.7 remains: “The multi-stakeholder group is required to agree the level of disaggregation for the publication of data. It is required that EITI data is presented by individual company, government entity and revenue stream. Reporting at project level is required, provided that it is consistent with the United States Securities and Exchange Commission rules and the forthcoming European Union requirements”.
See also Board decision 2017-14/BM-36/BP-36-4-B