Agent Green's requests for the new Forest Code

AGENT GREEN’S PROPOSALS on bill no. 164/2024 concerning the Forest Code, submitted for public debate in the Romanian Senate

There is an urgent need for real, profound reform in forestry to achieve the following objectives:

abandoning the outdated concepts used to administer the FFN and adopting concepts consistent with society’s present needs and current climatic conditions;
recognising the forest’s decisive role in the development of society and guaranteeing citizens unrestricted access to forests and the ecosystem services they provide;
greater care for genuine forests outside the FFN;
educational programmes carried out nationwide;
ensuring that the market for goods and services specific to the FFN is accessible and operates according to competition principles, without favouritism or regulations that facilitate its monopolisation;
fundamentally restructuring the relevant institutions, with particular emphasis on the integrity of their personnel;
assigning activities that generate conflicts of interest to different entities;
promoting meritocracy in the appointment of forestry personnel to management positions;
auditing the application of property laws to all forest restitutions;
establishing an effective mechanism to combat illegal logging in all its forms and effects (the Green Plan for Forest Protection);
other deterrents for those tempted to break the law (e.g. confiscation of means of transport, withdrawal of professional transporter status);

Brief conclusions:

– The current draft contains provisions that facilitate the expansion of areas available for construction (legal+illegal), reducing the area of the FFN;

– We oppose turning forests into construction sites and extermination camps for captive animals;

– For us, the forest is the most important and complex terrestrial ecosystem, rather than a crop of trees to be managed;

– We want forest management plans to be published in full;

– The period during which forest management plans apply must correspond to their validity period;

– We cannot harvest timber in advance from the following decade, as envisaged in the NCS;

– The environmental impact assessment procedure begins when an initial draft exists, prepared after the second forest planning conference;

Agent Green’s vision for Romania’s forests (PDF, in Romanian)

Agent Green’s specific proposals on the text of the law

Table of amendments:

Item no.

Text of the bill

Amendments

Rationale

Title of the law: Law on the Forest Code

Title I GENERAL PROVISIONS

Chapter I. Subject matter and scope

Art. 1. The national forest fund

(1) Land designated for forestry constitutes Romania’s national forest fund, hereinafter referred to as the FFN, and is subject to the provisions of this law.

(2) Land designated for forestry consists of the land included in forest management plans in force on 1 January 1990, including changes in area, in accordance with additions and removals carried out and/or administrative acts issued under the law.

(3) Land designated for forestry has the following land-use categories:

a) land covered by forests;

b) land undergoing regeneration;

c) land intended for afforestation: degraded land and unforested land designated for afforestation;

d) land serving cultivation needs: nurseries, polytunnels, seed orchards and mother-plant crops;

e) land serving forestry production needs: willow crops, Christmas trees, ornamental and fruit trees and shrubs;

f) land used for purposes specific to forest administration: land intended for feeding game and producing fodder;

g) land occupied by buildings and their associated grounds: administrative offices, cabins, pheasant farms, trout farms, breeding facilities for animals of hunting interest, forest transport roads and railways, industrial sites and other technical facilities specific to the forestry sector;

h) compartment boundary lines, power-line corridors, temporarily occupied land, land under concession within the state-owned public forest fund, land subject to encumbrances and/or disputes, as well as forest land within the state border corridor and border protection strip, and land intended for facilities within the Integrated State Border Security System;

i) land occupied by ponds, land constituting the minor beds of streams not covered by art. 3 para. (1) of Water Law no. 107/1996, as subsequently amended and supplemented, as well as unproductive land included in forest management plans.

(4) The FFN also includes land with other designations that was included in forest management plans in force on 1 January 1990 and has not been removed from the FFN.

(5) Land within the FFN constitutes an asset of national interest.

(2) The FFN should be recognised as including land with other designations contained in forest management plans valid on 01 January 1990, with the corresponding physical boundaries from that same date;

(3) f) land intended for fodder production and sites for providing food to wildlife species should be defined as land used for purposes specific to hunting activities, rather than forestry;

(3) g) the land-use categories for land designated for forestry that allow wild species to be kept in captivity (pheasant farms, trout farms, breeding facilities for animals of hunting interest) should be removed;

(4) The FFN should be recognised as including land with other designations contained in forest management plans valid on 01 January 1990, with the corresponding physical boundaries from that same date;

Art. 2. Definition of a forest

(1) For the purposes of this law, forests are land within the FFN with an area of at least 0.5 ha, covered by trees that reach a minimum height of 5 m at maturity under normal growing conditions.

(2) The following are treated as forests:

a) land classified within the FFN as forests or protective forest belts before this law enters into force, even if it does not meet the area criterion defined in para. (1);

b) land classified within the FFN before this law enters into force on which dwarf-pine stands are established, even if it does not meet the minimum height criterion defined in para. (1);

(3) The inclusion of forests within built-up areas is prohibited.

(1) For the purposes of this law, forests are land within the FFN with an area of at least 0.5 ha, 0.3 ha covered by trees that reach a minimum height of 5 m at maturity under normal growing conditions.

(2) areas with forest vegetation outside the FFN that meet the minimum area and height criteria listed above in Art. 2.1) should also be treated as forests

Art. 3. Land used for agroforestry

(1) The following categories of land designated for agriculture are land used for agroforestry:

a) land covered by trees, including wooded pastures, that reach a minimum height of 5 m at maturity under normal growing conditions, with a stand density greater than or equal to 0.1, over an area of at least 0.5 ha;

b) land on which protective forest belts are established, consisting of trees that reach a minimum height of 5 m at maturity under normal growing conditions, and which is not included in the FFN;

a) land on which dwarf-pine stands are established, not included in the FFN**;**

b) land on which forest plantations are established through various national and local programmes, if those programmes do not provide for inclusion in the FFN.

(2) By derogation from art. 4 para. (1) of Law no. 289/2002 on protective forest belts, republished, as subsequently amended and supplemented, owners of agricultural land who voluntarily establish protective forest belts may choose to classify the belts thus established as land designated for agriculture and used for agroforestry, without inclusion in the National System of Protective Forest Belts and without classification in the forest land-use category.

(3) Forest vegetation on land used for agroforestry is managed in accordance with the rules approved by joint order of the Authority and the central public authority for agriculture.

(4) Permanent grasslands of high natural value may not be afforested.

Art. 4. Land with forest vegetation outside the FFN

(1) The following land, which is not part of the FFN under the provisions of art. 1 and is covered by trees of forest species, constitutes land with forest vegetation outside the FFN:

a) land used for agroforestry, as defined in art. 3;

b) land with trees within the protection zones of hydraulic works and land improvement works;

c) land with trees situated along watercourses and canals;

d) land on which green spaces are established within built-up areas, other than those with the characteristics provided for in art. 2 para. (1);

e) land on which arboreta are established, other than those included in forests;

f) land situated along transport and communication routes on which rows of trees are established;

g) urban mini-forests.

(2) Vegetation on the land listed in para. (1), as well as isolated trees of forest species on land with designations other than forestry that does not fall under para. (1), is not subject to the provisions of this law, except for the provisions on assessing timber intended for sale and those on the movement of timber.

Art. 5. Definitions

For the purposes of this law, the terms and expressions used have the meanings provided in Annex no. 1**–**Terms and expressions.

Art. 6. Principles of sustainable forest management

Sustainable forest management is based on the following principles:

a) ensuring the integrity of the FFN and the permanence of the forest;

b) ensuring continuity in forest management;

c) ensuring the forest’s functional effectiveness and the continuous provision of ecosystem services;

d) increasing the role of forests and forestry in society’s sustainable development;

e) supporting owners of land within the FFN and encouraging them to form associations;

f) managing land within the FFN according to the territoriality criterion;

g) strengthening forest resilience and increasing forests’ contribution to limiting the effects of climate change;

h) ensuring an adequate level of legal, institutional and operational continuity in forest management;

i) promoting natural forest types and ensuring the forest’s biological diversity;

j) promoting and protecting the forest’s health-promoting, educational, tourism and recreational role.

Art. 6.

– forest administration must be based on protective principles, while abandoning the approach that treats the forest simply as a means of production;

– facilitating access to information, full transparency in regulatory processes and encouraging participatory involvement in decision-making;

– managing forests differently according to their 3 main roles: ecological conservation, social recreation and economic.

Art. 6., j) promotion and protection protecting the forest’s health-promoting, educational, tourism and recreational role.

Chapter II. Forms of ownership

Art. 7. Forms of ownership

(1) According to their form of ownership, land within the FFN may be:

a) publicly owned by the state;

b) privately owned by the state;

c) publicly owned by administrative-territorial units;

d) privately owned by administrative-territorial units;

e) privately owned by natural and legal persons.

(2) Land within the FFN belonging to administrative-territorial units, obtained through the restoration of ownership rights, is public property of those administrative-territorial units.

(3) The transfer of land within the FFN from the state’s public ownership to its private ownership is prohibited, except for land subject to the restoration of ownership rights.

(4) The transfer of land within the FFN from the public domain of administrative-territorial units to their private domain by decision of the local council, county council or General Council of the Municipality of Bucharest, respectively, is prohibited.

Art. 7., para. (3) The area of the FFN publicly owned by the state must not be reduced;

Art. 7., para. (5) No land tax/charge or income tax is payable for areas of forest fund, other than publicly owned areas, for which the timber production process is not regulated;

Art. 7., para. (6) Owners of forest land who voluntarily forgo harvesting the main products and those resulting from conservation work scheduled in the management plan should also benefit from tax and charge exemptions for the area not subjected to felling.

Art. 8. Special associative forms of ownership of the forest fund

(3) Every year, by 31 January, the bodies empowered to represent the associative forms provided for in para. (1) submit to the forest district proof of their status as legal representative, issued by the competent district court. Until that proof is submitted, the forest district may provide only the services specified in art. 26 para. (1) point a), without being able to authorise timber harvesting.

Art. 8. Special associative forms of ownership of the forest fund

(1) The associative forms of ownership of land provided for in art. 26 para. (1) of Law no. 1/2000 on restoring ownership rights over agricultural and forest land, claimed under the provisions of Land Fund Law no. 18/1991 and Law no. 167/1997, as subsequently amended and supplemented, which existed before 1948, are legal persons and form part of Romania’s historical heritage.

(2) The property of the associative forms provided for in para. (1) is guaranteed, indivisible and inalienable, with the provisions of art. 27 of Law no. 1/2000 on restoring ownership rights over agricultural and forest land, claimed under the provisions of Land Fund Law no. 18/1991 and Law no. 169/1997, as subsequently amended and supplemented, applying accordingly.

(4) In associative forms of ownership in which the state holds land with forest vegetation in undivided co-ownership, the state is represented by the Authority.

Art.9. Association of owners

(1) For the sustainable management of land within the FFN, its owners may associate by forming forest owners’ associations with legal personality, established under Government Emergency Ordinance no. 26/2000 on associations and foundations, approved with amendments and supplements by Law no. 246/2005, with amendments and supplements and cooperatives.

(2) The establishment of the associative forms provided for in para. (1) pursues:

a) consolidation of ownership;

b) increased economic efficiency in marketing forest products and services;

c) establishment of non-state forest districts;

d) increased capacity to absorb funding, regardless of its source;

e) representation of owners’ rights in relations with the authorities;

f) representation of owners in relations with the authorities and similar associations established at European and international level.

Title II. Governance of the forestry sector

Chapter I. Institutional framework

Section 1. The public authority

Art. 10. The central public authority for forestry

The central public authority for forestry, hereinafter referred to as the Authority, is organised and operates as a specialised body of the central public administration and represents the state authority in forestry.

Art. 11. The National Forest Guard

(1) The National Forest Guard is a public institution with legal personality, established as a specialised body of the Authority and subordinate to it, whose main function is to oversee the application of legislation on forestry and hunting.

(2) Territorial structures of the National Forest Guard, with legal personality, operate within the National Forest Guard and are hereinafter referred to as Forest Guards.

(3) In performing their official duties, forestry personnel of the institutions mentioned in para. (2) are vested with the exercise of state public authority.

(1) The National Forest Guard is a public institution with legal personality, established as a specialised body of the Authority and subordinate to it, being the sole institution with exclusive responsibility, having as its main function the exercise of oversight of the application of legislation on forestry and hunting.

Section 2. Structures for administering land within the FFN

Art. 12. Forest districts

(1) Administration or, where applicable, the provision of forestry services for land within the FFN is carried out through authorised forest districts, hereinafter referred to as forest districts, which are of two types:

a) state forest districts, established by:

(i) the National Forest Administration – Romsilva, hereinafter referred to as Romsilva;

(ii) the Autonomous Administration for State Protocol Heritage, hereinafter referred to as RAPPS;

(iii) the “Marin Drăcea” National Institute for Research and Development in Forestry, hereinafter referred to as INCDS, through research stations and experimental bases treated as state forest districts;

(iv) state forestry educational institutions, through experimental and teaching bases treated as state forest districts;

b) non-state forest districts, established under this law by owners of land within the FFN falling under art. 7 para. (1) points c)–e), or by owners’ associations established by them.

(2) The forest districts provided for in para. (1) are of public interest and may also administer or provide forestry services, as applicable, for other land within the FFN.

(3) The forest districts provided for in para. (1) are authorised through registration in the National Register of Forest Administrators and Forest Districts, managed by the Authority.

(4) The research stations and experimental bases mentioned in para. (1) point a) item (iii), and the experimental and teaching bases mentioned in para. (1) point a) item (iv), are authorised by derogation from the minimum area requirements for establishing a forest district set out in Annex no. 1.

(1) Forest districts are responsible only for administration and the provision of forestry services for land within the FFN and for other land requiring similar interventions;

(2) Forest districts are responsible only for administration and the provision of forestry services for land within the FFN and for other land requiring similar interventions;

Art. 13. Management, organisation and operation of forest districts

(1) State forest districts are managed by the district head, recruited through a competitive selection process under an individual employment contract of indefinite duration by the management of the Romsilva unit or, where applicable, the management of RAPPS, INCDS or the forestry educational institution, respectively.

(2) The management and legal representation of non-state forest districts are ensured by the district head, recruited through a competitive selection process under an individual employment contract of indefinite duration by the governing body of the owner/owners’ association that established the forest district, as applicable.

(3) Heads of the forest districts provided for in art. 12 para. (1) must hold a long-cycle higher education qualification or bachelor’s and master’s degrees in forestry, with at least 5 years’ experience as engineers in forestry.

(4) The appointment and dismissal of forest district heads require a favourable opinion from the National Forestry Council.

(5) Where the appointment of the forest district head breaches the provisions of paras. (1)–(4), the entity that appointed the district head must appoint another district head within 45 days of notification by the Authority, failing which the forest district’s operating authorisation is suspended until compliance, while retaining the obligation to ensure the guarding and integrity of the FFN.

(6) Forest districts under the forest regime prepare an annual revenue and expenditure budget, approved by the deliberative bodies of the owner/owners’ association that established the forest district, as applicable, by 31 March of the current year.

(7) A forest district that does not fulfil the condition provided for in para. (6) by 31 March of the current year, following prior notification from the Authority, has its access to the integrated forest information system suspended until compliance.

(3) Heads of all types of forest district must be graduates of full-time long-cycle studies in forestry or forest harvesting, have at least 6 years’ experience in the position of forestry engineer, be selected according to meritocratic principles and take up their positions after passing a competitive examination.

The education and experience requirements are also mandatory for interim management appointments, which may not be delegated to the same person for more than 60 days.

(5) The deadline for appointing the forest district head in accordance with Art. 13. (1)–(4) is 30 days from the date this law enters into force, failing which the forest district’s operating authorisation is suspended until compliance, while retaining the obligation to ensure the guarding and integrity of the FFN.

Section 3. Strategic planning

Art. 14. The National Forest Strategy

(1) The National Forest Strategy establishes and defines national forest policy and ensures its alignment with the policies, strategies and other policy documents of the Romanian state.

(2) The National Forest Strategy is drawn up by the Authority and approved by Government decision, with an advisory opinion from the CNS.

(3) The action plan for implementing the National Forest Strategy is amended and supplemented according to changes in management conditions and information on the state of forests arising from forestry-sector monitoring tools.

(1) The National Forest Strategy establishes and defines national forest policy and ensures its alignment with the policies, strategies and other policy documents of the Romanian state and with EU regulations.

Art.15. The National Forestry Council

(1) The National Forestry Council, hereinafter referred to as the CNS, is established as a professional forestry organisation, being an entity of public interest with legal personality, non-governmental, non-political and not for profit. The CNS is managed by a permanent committee comprising representatives of academia and research, the Authority, the forestry profession and representative forestry trade union associations.

(2) The CNS prepares recommendations, proposals and advisory opinions for the Authority concerning policies, strategies and other policy documents, and international, national and European Union legislation relevant to forestry, including to ensure their alignment, without prejudice to the powers conferred by law on authorities, institutions and other legal persons with responsibilities for forests and/or forestry.

(3) The CNS examines the ethical exercise of the profession and compliance with professional standards by forestry personnel, except for forestry personnel with forestry civil servant status.

(4) The regulations governing the organisation and operation of the CNS are approved by Government decision, on the Authority’s proposal, within 120 days of this law entering into force.

Chapter II. Education and research

Art. 16. Education

(1) The Authority is required to carry out specific actions, through appropriate channels and means, for the following purposes:

a) developing forest awareness;

b) providing forest owners with a minimum of professional knowledge;

(2) The Authority enters into educational partnerships with education and research and development service providers to implement programmes encouraging continuing professional development for forestry personnel and owners, in compliance with European and national state aid provisions.

(3) Users of labour specialised in occupations specific to the forestry sector may support forestry vocational training at any level through scholarships, training placements or practical placements, including through dual education.

(4) Experimental teaching bases are used free of charge for teaching purposes only, exclusively for the activities of technological high schools with a predominantly forestry/forest profile.

(1) c) the Authority should be responsible for promoting extensive educational programmes for the entire population;

Art. 17. Research, development and innovation in forestry

(1) The Authority supports scientific research and technological development in the field and monitors the implementation of the results obtained to underpin technical rules and forestry good-practice guides, develop public policies in the forestry sector and develop the forest management system.

(2) Scientific research and technological development in forestry are carried out through public-law and private-law units and institutions with legal personality whose activities include research and which constitute the National Research and Development System.

(3) The Authority’s sectoral research and development plan, hereinafter referred to as the Sectoral Plan, through which the Authority’s research policy is implemented to ensure the development of the field, as an instrument for implementing the National Strategy for Research, Innovation and Smart Specialisation in force, alongside other instruments funding research and development programmes specific to forestry, including to fulfil the Authority’s commitments at national, European and international level, is approved by order of the head of the Authority within 120 days of this law entering into force.

(4) Research and development stations and experimental bases within research, development and innovation institutions are used by administrators predominantly to implement research, development and innovation projects and obtain experimental scientific results for wider application at regional and/or national level.

(5) Experimental plots may be established within the FFN only upon notification of the administrator for land within the FFN publicly owned by the state, or with the owner’s consent in other cases.

(6) Public funding of research, development and innovation entities complies with European and national state aid provisions.

(5) Experimental plots within the FFN are generally established upon notification of the administrator or owner, except where disclosure of their locations risks compromising certain results of the various research topics;

Chapter III. Unified monitoring of the forestry sector.

Art. 18. Forestry-sector monitoring tools. Reporting monitoring results.

(1) The Authority establishes procedures for collecting, validating, correlating, harmonising and reporting forestry-sector information through specific tools and designates the structure coordinating their implementation by order of the head of the Authority, within 120 days of this law entering into force, published in the Official Gazette of Romania.

(2) Every year, by 30 September of the following year, the Authority publishes on its own website the report on the state of forests, containing information supplied on the basis of the procedures established under para. (1).

Art. 19. The National Forest Inventory

(1) The Authority ensures continuous funding and updates the National Forest Inventory, hereinafter referred to as the IFN, every 5 years, to assess forest resources and understand their dynamics throughout Romania.

(2) The methodology for collecting, processing and reporting IFN information is approved by order of the head of the Authority within a maximum of 18 months of this law entering into force. The methodology is periodically audited by national forest inventory experts.

(3) The summary results of inventory cycles presented in periodic reports endorsed by the Authority are information of public interest, are made known to the public at least through publication on the Authority’s own website, and must be cited by users with acknowledgement of the source.

(3) the IFN results in their entirety constitute data of public interest and are permanently available.

Art. 20. The integrated forest information system

(1) The rules on the origin of wood, the origin, movement and marketing of timber, the regime governing timber storage areas and roundwood processing installations, and the origin and movement of timber intended for the owner’s own consumption are approved by Government decision, on the Authority’s proposal.

(2) The rules provided for in para. (1) also regulate the creation, development and operation of an integrated forest information system performing the following functions:

a) collecting and processing data and information concerning sustainable forest management;

b) collecting information on the origin of wood when first placed on the market and tracking timber traceability;

c) providing information for developing each economic operator’s own record-keeping system when wood is first placed on the market and for tracking timber traceability;

d) risk assessment and directing inspections on the basis of risk assessments;

e) providing information of public interest on the origin of wood and the movement and marketing of timber.

f) oversight;

(3) The rules provided for in para. (1) include provisions on the circumstances and procedure for suspending/withdrawing access to the integrated forest information system.

Art. 21. The National Forest Register

(1) The Authority administers the National Forest Register, hereinafter referred to as the RFN, to record properties within the FFN and facilitate endorsements and reporting between various public entities through information technology.

(2) The RFN is a component of the integrated forest information system.

(3) The RFN provides information needed for the integrated implementation of the Authority’s measures and policies concerning the FFN, including records of administration or the provision of forestry services and monitoring financial instruments supporting owners.

Title III. Regulations concerning the forest regime

Chapter I. General rules

Art. 22. Application of the forest regime

(1) The FFN is subject to the forest regime.

(2) In stands within the FFN located inside military facilities, in the border strip, in the floodplains of watercourses registered in the integrated cadastre and land register system and/or those with a permanent flow, and in areas adjoining communication routes, management measures must be consistent with the purposes pursued by the entities holding those facilities.

(3) On areas within the FFN whose owner cannot be identified and for which forestry services are provided, management measures consist of extracting salvage and extraordinary products, and the proceeds of their sale by the forest district, after deducting expenses incurred, are deposited in the forest conservation and regeneration fund, recorded separately for each of the findings records mentioned in art. 31 paras. (3) and (6).

Art. 23. Owners’ obligations concerning compliance with the forest regime

(1) Compliance with the forest regime is mandatory for all owners and holders of land within the FFN.

(2) Owners of land within the FFN exceeding 10 ha have the following obligations in addition to the other obligations expressly provided for in this law:

a) to ensure the preparation of forest management plans and comply with their provisions;

b) to ensure administration or forestry services under this law;

c) to ensure the integrity of the FFN;

d) to carry out forest regeneration work;

e) to ensure annual monitoring of regeneration;

f) to carry out stand tending and management work;

g) to carry out the work needed to prevent and combat forest diseases and pests;

h) to apply fire prevention and firefighting measures;

i) to harvest timber only after its assessment, authorisation of the felling sites and issue of the specific documents by authorised personnel;

j) to ensure the maintenance and repair of forest roads they own;

k) to have property boundaries marked with boundary markers in accordance with ownership documents for properties not registered in the integrated cadastre and land register system, or with the property boundaries recorded in that system for registered properties, and to maintain them in proper condition.

(3) Where an administration contract is concluded with a forest district, the obligations provided for in para. (2) fall to the forest district, except those provided for in para. (2) point k).

(4) Owners of land within the FFN with an area of up to and including 10 ha have the following obligations in addition to the other obligations expressly provided for in this law:

a) to have property boundaries marked with boundary markers in accordance with ownership documents or, where applicable, cadastral documents, and to maintain them in proper condition;

b) to ensure guarding and minimum services in accordance with art. 27;

c) to carry out forest regeneration work on the basis of the technical solution supplied by the forest district with which they have a guarding and minimum services contract;

d) to comply with the regulations on assessing timber intended for sale and on the movement of timber.

(5) The obligations provided for in para. (4) points c) and d) may be transferred by contract to the forest district.

(6) Co-owners of land within the FFN are jointly and severally liable for fulfilling the obligations provided for in paras. (2) and (4), as well as any other obligations imposed on them under this law.

(7) Owners of forest vegetation outside the FFN have the following obligations:

a) to comply with the regulations on assessing timber intended for sale and those on the movement of timber;

b) to take measures to prevent and fight fires, diseases and pests.

Private owners within the FFN with areas exceeding 10 ha should also be required:

l) to undergo the environmental impact assessment procedure for interventions envisaged in the forest management plan and comply with the provisions of management plans and the conservation measures established for habitats and species, where required by the location;

(4) Private owners of land within the FFN holding individual areas of up to 10 ha, as well as owners of forests outside the FFN without a management plan, must be required to:

e) undergo the environmental impact assessment procedure for all work carried out and comply with the provisions of management plans and the conservation measures established for habitats and species, where required by the location;

(7)

c) undergo the environmental impact assessment procedure for all work carried out and comply with the provisions of management plans and the conservation measures established for habitats and species, where required by the location;

Art. 24. Minimum ecosystem services

(1) Forest owners or administrators, respectively, must ensure the conditions for forests to provide minimum ecosystem services.

(2) For the purposes of this law, the provision of minimum ecosystem services by forests means the obligation to ensure conditions for forest regeneration, avoid land and forest degradation, and promote natural regeneration wherever technically possible.

(3) The obligation to ensure conditions for forests to provide the minimum ecosystem services provided for in para. (2) is established differently according to the size of the property, as follows:

a) through the obligations imposed by art. 23 para. (4) on owners of land with areas of up to and including 10 ha;

b) by establishing a minimum level of regulation through forest management plans corresponding to functional group II, in accordance with the provisions of the technical rules for forest planning, for owners of land with areas exceeding 10 ha.

Art. 25. Owners’ rights

(1) Owners of land within the FFN with an area of up to and including 10 ha have the following rights in addition to the other rights provided for in this law:

a) to harvest a maximum timber volume of 5 m³/year/ha, depending on the stand’s structural characteristics, on the basis of registration in the integrated forest information system. The volume of 5 m³/year/ha may be exceeded under the conditions established by the technical rules provided for in art. 66 para. (1);

b) to carry forward to subsequent years the quantities not harvested under point a), for the proper performance of silvicultural work according to the stand’s structural characteristics;

c) to harvest all salvage products, offsetting them against the annual volume provided for subsequent years, according to the records in the integrated forest information system;

d) to receive guarding and minimum forestry services free of charge;

e) to opt for the preparation of a forest management plan under art. 63 para. (3), exercising the right to choose the target timber assortment for forests with a production role.

(2) Owners of land within the FFN with an area exceeding 10 ha have the following rights for harvesting wood products, in addition to the rights provided for in this law:

a) to choose the target timber assortment in forests with a production role, according to the provisions of the technical forest planning rules, where forest management plans are drawn up under art. 63 para. (3);

b) to harvest timber according to the provisions of forest management plans;

c) to harvest all salvage products, offsetting them against the allowable cut established by forest management plans;

d) to receive guarding and minimum forestry services free of charge for areas of up to and including 30 ha;

e) to benefit from the compensation and financial incentives provided for in arts. 84, 121 and 123;

(3) The exemptions in para. (1) points d) and e), and para. (2) points d) and e), are granted in compliance with European and national state aid provisions.

Art. 25 (1), a), b) and c)

Owners of forests with areas of up to 10 ha not covered by a management plan are entitled to harvest a maximum timber volume of 1 m³/year/ha, resulting from forest sanitation work, on the basis of registration in the integrated timber tracking information system, only if the area lies outside silvicultural non-intervention zones (T1) according to the most recent zoning of which it formed part. Types of felling other than sanitation felling are not permitted without a management plan.

Art. 25 +

These owners should benefit from exemptions from land and income taxes.

Chapter II. Administration of the FFN and provision of forestry services

Section 1. General rules

Art. 26. Definition of forestry service contracts

(1) Owners of FFN other than the state must enter into contracts with forest districts, respecting the principle of territoriality. Contracts are classified as follows:

a) guarding and minimum forestry services contracts;

b) technical forestry services contracts;

c) administration contracts.

(2) Concluding a guarding and minimum forestry services contract with a forest district is mandatory for all owners of land within the FFN other than the state and constitutes an act of preservation within the meaning of art. 640 of Law no. 287/2009 on the Civil Code, republished, as subsequently amended and supplemented.

(3) Administration or, where applicable, the contractual provision of technical forestry services, regardless of the form of ownership, is mandatory for exercising the rights provided for in art. 25 para. (2).

(4) Providing technical forestry services under a contract also includes the obligation of the forest district supplying the services to register the property in the integrated forest information system and maintain the records and documentation specified in the monitoring systems.

Art. 27. The guarding and minimum forestry services contract

(1) The guarding and minimum forestry services contract has the following objectives**:**

a) ensuring the guarding and integrity of the land within the FFN covered by the contract;

b) carrying out the work needed to detect, prevent and combat forest diseases and pests;

c) ensuring fire prevention and firefighting measures.

(2) For forest land with an area of up to and including 30 ha, the forestry services contract may be concluded by the owners, their successor in title or any of the co-owners, with or without the other co-owners’ consent. Persons entered in the National Agricultural Register may conclude a guarding and minimum forestry services contract with the designated forest district for forest land with an area of up to and including 30 ha until the succession procedure is completed, even if it has not begun. The contract is concluded after the designated forest district carries out a comprehensive inspection in the contract holder’s presence, and the holder benefits from the rights provided for in art. 25 para. (1) points a)–c).

(3) The guarding and minimum forestry services contract constitutes an enforceable instrument and contains clauses on contractual guarantees in favour of the provider for payment of the remuneration stipulated in the contract.

(4) If the owner of land within the FFN is unknown, the areas are taken into the guarding responsibility of the designated forest district under art. 31.

(5) If the owner of land within the FFN is subject to enforcement proceedings and cannot pay the cost of the guarding contract, the forest district providing forestry services, after notifying the owner, asks the territorially competent Forest Guard to issue the administrative act suspending the forestry-specific service.

(6) Where the forestry-specific public service is suspended, the provisions of art. 4 paras. (1)–(6) of Law no. 374/2006 on suspending the forestry-specific public service for owners of forest land for which the documents provided for in art. III para. (1) of Law no. 169/1997 amending and supplementing Land Fund Law no. 18/1991 have been issued, as subsequently amended and supplemented, apply accordingly.

(7) In the cases provided for in paras. (5) and (6), the owner may ask the territorially competent Forest Guard to resume administration/the provision of forestry services, subject to prior payment, where applicable, of the amounts provided for in art. 4 para. (5) of Law no. 374/2006, as subsequently amended and supplemented, on the basis of the cost estimate issued by the forestry services provider, and advance payment to that provider of the cost of minimum forestry services for 12 months.

(8) To recover the amounts paid from the state budget under the conditions provided for in paras. (5) and (6), the endorsed statements certifying the amounts borne by the state budget to ensure guarding of the forest fund and monitoring of forest health, provided for in art. 4 para. (5) of Law no. 374/2006, as subsequently amended and supplemented, constitute enforceable instruments and are forwarded by the territorially competent Forest Guard to the tax bodies subordinate to the National Agency for Fiscal Administration, for recovery of the claims under Law no. 207/2015 on the Fiscal Procedure Code, as subsequently amended and supplemented. Amounts recovered in this way become state budget revenue and are collected in a separate revenue account.

(2) Only the Forest Guard is authorised to carry out the comprehensive inspection, as we proposed above in Art. 11. (1)

Art.28. The technical forestry services contract

(1) The technical forestry services contract for land within the FFN includes the following purposes in addition to the objectives provided for in art. 27 para. (1):

a) ensuring the obligations to comply with the forest regime;

b) keeping records of forest-environment services and compensation;

c) preparing documentation for silvicultural work and the documentation requested for granting compensation;

d) ensuring the traceability of timber intended for sale;

e) identifying potential direct beneficiaries of the ecosystem services provided by forests;

(2) The subject of the contract is guarding and minimum forestry services, compliance with the forest regime provided for in para. (1) point a), and any of the technical forestry services provided for in para. (1) points b)–e), as agreed by the parties and under this law.

Art. 29. The administration contract

Under the administration contract, the forest district is empowered by the owner to provide technical forestry services and other technical, economic and legal activities intended to ensure the sustainable management of land within the FFN, and to make decisions in accordance with the contractual clauses and in compliance with the forest regime.

Art. 30. The principle of territoriality

(1) Administration and forestry services are provided in compliance with the principle of territoriality.

(2) The principle of territoriality means that a forest district is established, operates and provides administration and/or forestry services only for land within the FFN situated within the territorial boundaries of the county in which its registered office is located and in neighbouring counties.

(3) By exception to para. (2), a non-state forest district established by a sole owner who also owns land within the FFN in counties other than the county in which the forest district has its registered office or neighbouring counties may also administer or provide forestry services for those areas.

(4) Designated forest districts are state forest districts within Romsilva**,** as well as non-state forest districts that administer and/or provide forestry services in the vicinity of land within the FFN privately owned or publicly owned by an administrative-territorial unit, and which must provide administration/forestry services under contract upon the written request of the owner/co-owner or successor in title, subject to that person physically marking the property boundaries on the basis of documents certifying ownership rights. Responsibility for correctly marking property boundaries lies with the owner/co-owner or successor in title, as applicable.

(5) For land within the FFN of up to and including 30 ha, belonging to natural and legal persons and not included in forest management plans, the designated forest district must provide forestry services under contract at the request of the entitled person.

Art. 31. Ensuring guarding and minimum forestry services for land with an unidentified owner

(1) For land within the FFN of up to and including 30 ha for which there is no administration or no minimum forestry services, whose owner cannot be identified or whose succession has not been settled, the territorially competent Forest Guard notifies in writing the local administrative-territorial unit in whose area the land is located of the need to ensure guarding and minimum forestry services.

(2) The notification provided for in para. (1) is also sent simultaneously to the forest district designated to ensure guarding and minimum forestry services for that area, which carries out a comprehensive inspection/assesses, under this law, any damage to the forest fund on the land that does not benefit from minimum forestry services.

(3) For the land provided for in para. (1), guarding and minimum forestry services are provided by the designated forest district through a findings record concluded between the representative of the designated forest district and the representative of the territorially competent Forest Guard, after the representative of the designated forest district assesses, under this law, any damage to the forest fund.

(4) To ensure guarding and minimum forestry services, the land provided for in para. (1) is taken over within a maximum of 30 days of the request; where adverse weather conditions prevent the identification of any damage, the deadline may be extended by up to 30 days from the date on which those adverse conditions are found to have ceased, at the request of the territorially competent Forest Guard.

(5) The costs needed to ensure guarding and minimum forestry services in the situations provided for in para. (1) are borne by the state budget through the Authority’s budget.

(6) For forest fund areas exceeding 30 ha for which there is no administration or no minimum forestry services, whose owner cannot be identified or whose succession has not been settled, forestry services are provided by the designated forest district through a findings record concluded between the representative of the designated forest district and the representative of the territorially competent Forest Guard, after the forest district carries out the comprehensive inspection/assesses, under this law, any damage to the forest fund.

(7) The methodology for calculating expenditure on ensuring guarding and minimum forestry services for land within the FFN of up to and including 30 ha is set out in Annex no. 2.

(8) The average costs/ha needed to ensure guarding and minimum forestry services for the land provided for in para. (6) are those calculated according to the methodology provided for in para. (7), and the cost of forestry services is borne by the owner on the basis of the cost estimate prepared and communicated by the designated forest district; the estimate is calculated as the product of the area and the average costs/ha for the areas corresponding to the landforms, in accordance with Annex no. 2.

(9) The value of the estimate provided for in para. (8), accepted expressly or tacitly by the owner’s failure to contest it within 30 calendar days of communication, constitutes an enforceable instrument and forms the basis for invoicing and recovering the cost of the forestry services performed.

(10) If the amounts provided for in the estimate are not paid by the owner/successor in title within the period provided for in para. (9), they are recovered through enforcement proceedings.

(11) Failure to comply with the principle of territoriality provided for in art. 30 para. (2) is sanctioned by revocation of the endorsement issued by the CNS for the forest district head.

(12) The provisions of paras. (1)–(3) also apply accordingly to the associative forms provided for in art. 8 that have no legal representative, regardless of area.

(13) The methodology for determining the designated forest district and the procedure for ensuring guarding and minimum forestry services for land within the FFN of up to and including 30 ha, provided for in para. (1), are established by order of the head of the Authority within 120 days of this law entering into force.

(2) Where areas within the FFN with an unidentified owner are taken into guarding responsibility, likewise, only the Forest Guard must carry out the comprehensive inspection and assess any damage caused to the FFN;

(3) Where areas within the FFN with an unidentified owner are taken into guarding responsibility, likewise, only the Forest Guard must carry out the comprehensive inspection and assess any damage caused to the FFN;

(6) Where areas within the FFN with an unidentified owner are taken into guarding responsibility, likewise, only the Forest Guard must carry out the comprehensive inspection and assess any damage caused to the FFN;

Section 2. Administration of state-owned land within the FFN

Art.32. Administration of state-owned FFN

(1) The publicly and privately state-owned forest fund is administered through Romsilva, which operates as an autonomous administration of national interest, under state authority through the Authority.

(2) Within a maximum of 90 days of this law entering into force, on the Authority’s proposal, the Government shall adopt the regulations governing Romsilva’s organisation and operation, published in the Official Gazette of Romania, Part I.

(3) Romsilva may also carry out activities in addition to administration within the publicly state-owned FFN that it administers.

(4) Romsilva is entitled to use land within the publicly state-owned FFN that it administers to establish game breeding facilities and hunting complexes as well.

(5) Romsilva’s revenue consists of:

a) the sale of products from the FFN and other specific economic activities;

b) administration or the provision of forestry services for land within or outside the FFN belonging to owners other than the state, as well as the rental of assets;

c) compensation for damage;

d) donations under this law;

e) payment for ecosystem services ensured by maintaining forests’ protective functions, borne by direct or indirect beneficiaries of ecosystem services and transferred to the fund for improving land designated for forestry.

f) compensation granted from the state budget;

g) state budget allocations to support the administration of the publicly state-owned FFN, to fund the administration of protected natural areas in accordance with art. 30 para. (2) of Government Emergency Ordinance no. 57/2007 on the regime of protected natural areas and the conservation of natural habitats, wild flora and fauna, approved with amendments and supplements by Law no. 49/2011, as subsequently amended and supplemented, and to fund the Directorate for Horse Breeding, Use and Improvement, in accordance with art. III of Law no. 99/2019 amending and supplementing Government Emergency Ordinance no. 139/2002 on dissolving the National Company “Cai de Rasă” – S.A. and transferring its assets to Romsilva;

h) 20% of rent for temporary occupation of land within the publicly state-owned FFN;

i) other sources under the law.

(6) State-owned land within the FFN is also administered by:

a) RAPPS, through its own forest district, exclusively for the land under its administration;

b) INCDS, through its own research stations and experimental bases, treated as state forest districts, under this law;

c) state forestry educational institutions, through their own experimental and teaching bases, exclusively for the land under their administration;

(7) For isolated land within the publicly state-owned FFN, guarding and minimum services may also be provided by non-state forest districts, under contract with Romsilva.

(8) Romsilva’s responsibilities for administering the publicly state-owned forest fund may not be exercised in a way that affects the powers conferred on ministries or specialised bodies of the central public administration subordinate to the Government or ministries through the right of administration, as a right in rem corresponding to public state ownership, under Law no. 287/2009, republished, as subsequently amended and supplemented, and Government Emergency Ordinance no. 57/2019 on the Administrative Code, as subsequently amended and supplemented.

(4) we oppose establishing game breeding facilities and hunting complexes within the FFN. We want this article removed and an urgent legal framework created to allow existing facilities to be dismantled immediately and the animals to be set free.

g) removal of this sub-item

(7) Publicly state-owned land, even isolated land, must remain under Romsilva’s direct administration;

Romsilva must derive revenue exclusively from payment for specialist services performed and from other sources consistent with its authorised activities. We want funding for the administration of protected natural areas to cease, alongside the withdrawal of this responsibility, which constitutes a conflict of interest

Section 3. Administration/forestry services for land within the FFN held by other holders

Art. 33. Administration/forestry services for land within the publicly owned FFN belonging to administrative-territorial units

(1) Land within the FFN publicly owned by administrative-territorial units is administered:

a) through their own non-state forest districts, which may be established by administrative-territorial units owning land within the FFN or by their associations, and which operate as autonomous administrations of local interest;

b) under contracts with state forest districts or other non-state forest districts that operate as autonomous administrations of local interest.

(2) For land within the FFN publicly owned by administrative-territorial units, technical forestry services may be provided by:

a) non-state forest districts established by associations between administrative-territorial units and/or natural and/or legal persons, operating as associations under Government Ordinance no. 26/2000 on associations and foundations, approved with amendments and supplements by Law no. 246/2005, as subsequently amended and supplemented, or as companies governed by Companies Law no. 31/1990, republished, as subsequently amended and supplemented;

b) other non-state forest districts.

Art. 34. Administration/forestry services for privately owned land within the FFN

(1) For land within the FFN privately owned by natural and legal persons, administration or forestry services, as applicable, are provided through non-state forest districts, legal persons operating as associations under Government Ordinance no. 26/2000, approved with amendments and supplements by Law no. 246/2005, as subsequently amended and supplemented, or as companies governed by Law no. 31/1990, republished, as subsequently amended and supplemented, or under contract with other forest districts.

(2) INCDS may provide only guarding and minimum forestry services for the land provided for in para. (1).

(3) The non-state forest districts provided for in para. (1) may be established by one or more owners or by one or more associations of owners of land within the FFN.

Section 4. Forestry services for forest vegetation outside the FFN

Art. 35. Forestry services for forest vegetation outside the FFN

(1) Assessment of timber intended for sale from forest vegetation outside the FFN and the issue of documents concerning the movement of timber are ensured through contracts with forest districts or through forestry personnel employed by the administrative-territorial unit and certified by the CNS.

(2) To manage forest vegetation outside the FFN, the owner may request technical forestry services from among those mentioned in art. 28 para. (1) points b)–e), under contract with forest districts or through forestry personnel employed by the administrative-territorial unit and certified by the CNS.

(3) Research stations, experimental bases and teaching bases are exempted from providing the technical forestry services provided for in para. (2).

Art. 35. Forestry services for forest vegetation outside the FFN

(3) Research stations, experimental bases and teaching bases are exempted from providing the technical forestry services provided for in para. (2).

Chapter III. Integrity of the FFN

Section 1. The integrated cadastre and land register system

Art.36. Registration in the integrated cadastre and land register system of forest land within the publicly state-owned FFN

(1) The state’s public and private ownership rights over properties within the FFN are entered in the integrated cadastre and land register system at the request of administrators of publicly state-owned land, as provided for in art. 12 para. (1), on the basis of ownership documents and cadastral documentation.

(2) By exception to para. (1), in the absence of ownership documents, state ownership of land within the publicly and privately state-owned FFN is proved by forest management plans in force.

(3) Provisional registration of the land provided for in para. (2) is carried out according to the procedure established by order of the president of the National Agency for Cadastre and Land Registration. Coordinates of points on the boundaries of the properties concerned shall be determined in the Stereographic 1970 system through vectorisation at administrative-territorial unit level.

(4) Provisional registration in the situations provided for in para. (3) is substantiated on the basis of the valid, updated forest management plan for the publicly state-owned FFN, confirming the area and the identity between the property in the cadastral documentation and that recorded in the updated forest management plan.

(2) for the state-owned FFN, the forest management plan in force constitutes proof of ownership, while the boundaries (property limits) are those recorded in management plans valid on 01 Jan. 1990;

Section 2. Occupations of land within the FFN. Temporary occupation of land within the FFN

Art. 37. Occupations

(1) Occupations and disputes concerning forest land recorded in forest management plans are resolved amicably or through the courts. Within a maximum of 5 years of this law entering into force, administrators of publicly owned land within the FFN must initiate judicial proceedings to resolve the occupations.

(2) Administrators of publicly owned land within the FFN are exempt from court stamp duties for the judicial proceedings provided for in para. (1).

(1) FFN administrators must initiate judicial proceedings to resolve occupations within 6 months of the law entering into force;

Art. 38. Temporary occupation of land within the FFN

(1) Temporary occupation of land within the FFN is permitted only for a fixed period, for the purpose of:

a) constructing/extending/modernising/decommissioning the facilities/works provided for in art. 40 para. (1) point a), declared to be of national, county or local public utility, concerning transport infrastructure projects, utilities, water and sewerage sources and networks, including mineral water, energy sources and networks using conventional or renewable resources, communication networks and systems, or natural gas networks;

b) exploration of the following mineral resources: coal, commercially usable rocks, mineral aggregates, ores; exploration, extraction and transport of oil and natural gas resources, and installation, repair, maintenance and decommissioning of oil, natural gas or electricity transmission or distribution networks.

c) construction/extension/modernisation/decommissioning of water and sewerage sources and networks, including mineral water, energy sources and networks using conventional or renewable resources, communication networks and systems, recreational parks, theme and/or educational parks.

(2) To construct the facilities and works provided for in art. 41, temporary occupation of land within the FFN requires advance payment of the financial obligations provided for in art. 46 by the beneficiary of the approval for temporary occupation of land within the FFN.

(3) Depending on the duration of the facility/work, the occupation provided for in para. (1) may be approved for a maximum of 10 years, with the possibility of extension for successive periods of up to 10 years.

(4) By exception to para. (3), temporary occupation of land within the FFN is approved for the entire construction period and the existence within the FFN of the facilities/works of national, county or local interest provided for in para. (1) point a), as well as the oil, natural gas and electricity transmission and distribution facilities/works provided for in para. (1) point b), if the following conditions are cumulatively met:

a) the construction period and existence of the facilities exceed 10 years;

b) the land cannot be returned to forestry use without restrictions;

c) the construction/existence period of the facility is that entered in the deposit concession agreement/permit, for facilities/works involving oil and natural gas transport and distribution, and electricity transmission and distribution.

(5) The rent for each year is paid by 31 January of the year for which it is due and calculated according to the Methodology provided for in art. 49.

(6) If the construction-site facilities needed to construct the facilities provided for in arts. 40 and 41 para. (1) points a)–c) require other land adjacent to that for which permanent removal from the FFN has been approved, that land may be temporarily occupied under this law for the duration of the investment/facility/work, with advance payment of the financial obligations provided for in art. 46.

(7) The period for which temporary occupation of land within the FFN classified in the forest land-use category or regeneration class is approved also includes the time required to carry out the work needed to return the land in a condition suitable for afforestation.

(8) If the land subject to temporary occupation falls into forestry land-use categories other than those provided for in para. (7), the beneficiary must hand over the land in the condition established in the approval act issued under art. 44 para. (1).

(9) Temporarily occupied land may be accepted back with a land-use category different from the original one, subject to that category being specified in the administrative approval act and payment of a fee equivalent to the fee for permanent removal of land from the FFN with compensatory land, provided for in art. 41.

(10) If, at the end of the approved temporary occupation period, the land does not meet the conditions provided for in paras. (7)–(9), the deposited guarantee and associated bank interest are retained in the fund for improving land designated for forestry.

(11) The deposited guarantee and associated bank interest provided for in para. (10) are transferred, at its request, to the forest district ensuring administration and/or forestry services, into the forest conservation and regeneration fund, to carry out the work needed to bring the land into the condition provided for in the approval act, according to the work estimate prepared by the forest district and endorsed by the territorially competent Forest Guard.

(3) the duration of temporary occupation of the FFN may not exceed 10 years, including extensions;

Section 3. Removal of land from the FFN and inclusion of land in the FFN

Art.39. Reduction of the FFN area

(1) Reducing the area of the FFN is prohibited except in the cases provided for in art. 40, where permanent removal is permitted without compensatory land. Any act to the contrary is null and void by law.

(2) The following decreases in area and changes in location entered in forest management plans do not constitute a reduction in the area of the FFN:

a) those resulting from updating changes in area on the basis of documents issued under lawful conditions;

b) those resulting from correcting land boundaries to match the boundaries marked on the ground by its administrator/owner;

c) those resulting from corrections to watercourses;

d) those resulting from determining areas more accurately;

e) those resulting from correcting locations and areas erroneously classified as land within the FFN, for which the owner/administrator holds legal documents or has justifications demonstrated by measurements, duly entered in the forest management plan.

(3) Permanent removal of land from the FFN is permitted only to construct the facilities provided for in arts. 40 and 41. Any act to the contrary is absolutely null and void.

(1) any physical and/or recorded reduction in the area of the FFN is prohibited;

(2), b) downward adjustment (-) of the established boundaries of the FFN (01 Jan. 1990) is prohibited;

Art. 40. Permanent removal from the FFN without compensation

(1) By exception to art. 39, the area of the FFN may be reduced through permanent removal of land required for:

a) constructing/extending facilities/works declared to be of public utility and of national, county or local interest under the law, at the request of the beneficiary/expropriator/representative of the expropriator;

b) locating/extending components of the National Meteorological Monitoring Network and land required for locating/extending special telecommunications infrastructure, at the request of the National Meteorological Administration or the Special Telecommunications Service, respectively;

c) locating defence production and/or service capacities of strategic national security interest, or land on which such capacities are located, at the request of the beneficiary entity;

d) constructing facilities within the Integrated State Border Security System, and investment, modernisation and extension works for facilities in the field of public order and safety, at the request of the Ministry of Internal Affairs;

e) investment, modernisation and extension works for military facilities in national defence, at the request of the relevant ministry;

f) mining works declared to be of national interest and public utility for extracting lignite deposits, carried out on forest land acquired by an economic operator wholly or majority owned by the state under art. 6 point a) of Mining Law no. 85/2003, as subsequently amended and supplemented, which is not part of the expropriation corridor of mining works declared to be of national interest and public utility for extracting lignite deposits, but is located on the site of the works concerned and is required to carry out the mining works. In this case, the beneficiary of removal from the FFN is the economic operator wholly or majority owned by the state. Permanent removal of land required for mining works to extract lignite deposits is approved by Government decision;

g) land on which natural gas extraction capacities associated with natural gas extraction works of national interest are located, at the request of the beneficiary entity;

h) archaeological sites inscribed on the UNESCO World Heritage List, at the request of the central public authority for culture.

(2) Permanent removal from the FFN of publicly owned land provided for in para. (1) takes place without compensation with other land and without payment of the fee for permanent removal of land from the FFN or the other financial obligations provided for in art. 45.

(3) Permanent removal from the FFN without compensation, with the persons provided for in para. (1) point f) who conduct economic activities as beneficiaries, takes place in compliance with European and national state aid provisions.

Art 40. regardless of the nature of ownership and the area removed, permanent removal of areas from the FFN takes place with compensation, except for UNESCO archaeological sites at the request of the Ministry of Culture and for constructing facilities within the Integrated State Border Security System

Art 40 (1), (2), (4) and (5) permanent removal from the FFN with compensation may take place only for mineral resource extraction, homes and holiday homes, tourism, sports, medical and monumental facilities, on condition that the beneficiary is the same as the applicant and the building and land belong to the same person.

Art. 41. Permanent removal from the FFN with compensation

(1) By exception to art. 39, subject to compensation with other land and advance payment of the amounts provided for in art. 45 para. (1) points a), c)–e), without reducing the land area, only land required to construct or extend the following categories of works and facilities may be permanently removed from the FFN:

a) extraction of the mineral resources provided for in art. 2 para. (1) of Law no. 85/2003, as subsequently amended and supplemented. The beneficiary of permanent removal of land from the FFN, including the land within the FFN provided for in para. (4), is the person holding a permit/licence for mineral resource extraction, or the owner under an association contract concluded with the person holding a permit/licence for extracting the mineral resources associated with the property concerned;

b) tourism and leisure facilities, including tourist accommodation establishments, places of worship, sports and medical facilities, and social facilities constructed only by social service providers; within the administrative territory in the economic-interest zones of the “Danube Delta” Biosphere Reserve, mooring pontoons may be constructed for boats used for tourism and leisure and for supplying food and fuel; the beneficiary of permanent removal of land from the FFN is the natural or legal person applying who constructs the facility. Permanent removal of land from the FFN to construct these facilities outside localities’ built-up areas may be approved only on the basis of the county chief architect’s endorsement.

c) homes or holiday homes, only on privately owned land within the FFN; the beneficiary of permanent removal of land from the FFN is the person owning the land.

d) facilities sold by Romsilva whose associated land is under concession, and facilities established within the FFN before 1990; the beneficiary of permanent removal of land from the FFN is the person owning the facility sold by Romsilva or the facility established within the FFN before 1990.

e) historical monuments, integrated waste management centres, and hydraulic and aquaculture works and/or structures. The beneficiary of permanent removal of land from the FFN is the natural or legal person applying who constructs the facility.

(2) The location of the facilities provided for in para. (1) point c) must meet the following cumulative conditions:

a) the building and the land on which it is located belong to the same person;

b) for land classified in the forest and land intended for afforestation land-use categories, the maximum area that may be permanently removed from the FFN, including the building, access and enclosure, is up to 500 m² for forest properties exceeding 5 ha, and 1% of the property’s area, but no more than 300 m², for forest properties smaller than 5 ha.

(3) The compensation provided for in para. (1) is made with land meeting the following cumulative conditions:

a) its area is at least 3 times the area of the land being removed from the FFN;

b) the value of the compensatory land is 5 times the value of the land being removed from the FFN.

(4) Permanent removal from the FFN of land belonging to the associative forms of land ownership provided for in art. 26 para. (1) of Law no. 1/2000 on restoring ownership rights over agricultural and forest land, claimed under the provisions of Land Fund Law no. 18/1991 and Law no. 167/1997, as subsequently amended and supplemented, is permitted for locating/extending/modernising the facilities and works provided for in para. (1) and art. 40; land offered in compensation becomes the property of the associative forms and supplements members’ rights in proportion to the shares held.

(5) By exception to para. (3), for areas below 50 m², the beneficiary of permanent removal need not offer compensatory land, in which case, before approval, they must pay an amount 5 times the value of the land being removed, transferred to the fund for improving land designated for forestry; in this situation, they do not pay the costs of establishing and maintaining forest vegetation until stand closure.

(6) The percentage rate provided for in Annex no. 2 to Land Fund Law no. 18/1991, republished, as subsequently amended and supplemented, is 100 and applies to the calculation of the financial obligations provided for in arts. 45 and 47 in cases of permanent removal of land from the FFN with compensation and changes in land-use category.

(7) The land used for the compensation provided for in para. (1) must be outside the FFN but adjacent to it and suitable for afforestation. Where the minimum area of a plot used for compensation exceeds 10 ha, it need not be adjacent to the FFN but must be contiguous. Compensation may not be made with degraded land, land unproductive for forestry, or land in steppe, alpine or subalpine zones.

(8) The land provided for in para. (7) is land designated for forestry and is included in the FFN.

(9) In counties where land within the FFN accounts for less than 30% of the county’s area, compensation is made only with land in the same county.

(10) Facilities needed to establish park forests are permitted only where their construction does not involve tree felling or forest clearance, and are not subject to permanent removal from or temporary occupation of the FFN.

(11) Authorisation of construction less than 50 m from the forest edge, outside the FFN, except for facilities of national, county or local interest, requires the endorsement of the territorially competent Forest Guard.

Art. 41. (2) b) retain the current legislative limits on the maximum areas subject to permanent removal from the FFN, namely: no more than 250 m² for properties exceeding 5 ha and no more than 200 m² for properties smaller than 5 ha. The condition applies to all land-use categories;

Art 41 (2) + Environmentally friendly materials and colours that blend into the landscape are used for these facilities;

Art 41. (3), (7) land provided in compensation must be outside the FFN but must share a boundary with it, be at least 5 times larger and 6 times more valuable than the land removed from the FFN;

Art 41. + removal from the FFN situated in protected natural areas within the Natura 2000 network is prohibited;

Art 41. + the Forest Guard may not endorse construction located less than 50 m from the forest edge, outside the FFN, if its construction blocks communication corridors between different ecological areas, creating a “trapping” effect for the forest tract and wildlife;

Art 41. + Where required by the geographical location, the procedure for removal from the FFN and the project to construct the facility on the site shall undergo the SEA environmental impact assessment procedure;

Art.42. Ownership and designation of land removed from the FFN

(1) Land permanently removed from the FFN becomes the property of the beneficiary of removal when the handover takes place under art. 45 para. (3), and acquires the designation requested by that beneficiary and approved.

(2) Land within the state border protection strip, forming part of the public domain and by its nature intended for protecting and maintaining the border line, is exempt from art. 40.

(3) Changing the purpose of a facility built on land permanently removed from the FFN is prohibited before 5 years have elapsed from the facility’s final acceptance. The territorially competent Forest Guard is responsible for establishing whether the purpose of the constructed facility has changed. If the purpose of a facility built on land permanently removed from the FFN changes before 5 years have elapsed, the territorially competent Forest Guard initiates legal action to annul the approval act issued for permanent removal, approved under art. 44 para. (1), and require the beneficiary of permanent removal to restore the land permanently removed from the forest fund to its original condition at their own expense.

Art 42. (3) an absolute prohibition on changing the purpose of a facility built on land permanently removed from the FFN;

Art. 43. Conditions for including land with other designations in the FFN

(1) Owners of the land provided for in art. 3 para. (1) may request its redesignation as land designated for forestry.

(2) Redesignation of the land provided for in art. 4 para. (1), as well as other land whose owner has opted for its inclusion in the FFN, in which case a forest management plan is drawn up or the land is included in an existing forest management plan, and is approved by order of the head of the Authority.

Section 4. Approval of permanent removal from the FFN and temporary occupation of land within the FFN, and resulting obligations

Art.44. Approval of permanent removal from the FFN and temporary occupation of land within the FFN

(1) Applications for temporary occupation of land within the FFN or permanent removal under arts. 38, 40 and 41, with the owner’s consent and a favourable endorsement from the forest district ensuring administration and/or forestry services in the case of private ownership and public ownership by administrative-territorial units, or with the endorsement of Romsilva, INCDS, state forestry educational institutions or the forest district established by RAPPS, as applicable, in the case of publicly state-owned land within the FFN, are approved by:

a) the head of the territorially competent Forest Guard, for areas of up to and including 1 ha;

b) the head of the Authority, with the endorsement of the territorially competent Forest Guard, for areas from 1 ha up to and including 10 ha;

c) the Government, on the Authority’s proposal and with the endorsement of the territorially competent Forest Guard, for areas exceeding 10 ha, except where the law provides otherwise.

(2) The owner’s consent for privately owned land within the FFN, provided for in para. (1), is issued as a privately signed document for temporary occupation of forest land within the FFN required to construct/extend/modernise/decommission the facilities/works provided for in art. 38 para. (1) point a), the sources/networks/systems/parks provided for in art. 38 para. (1) point c), and oil, natural gas and electricity transport and distribution facilities/works of public utility and national, county or local interest provided for in art. 40 para. (1) point a), and is submitted by the project initiator, as a copy certified as conforming to the original, to the institution competent to issue the endorsement/approval for temporary occupation.

(3) By exception to para. (1), temporary occupation of land within the FFN takes place without the owner’s consent where no valid title is presented or the owners are unknown, as well as where succession proceedings have not been opened or successors are unknown. In this case, the owner’s consent is replaced by the project initiator’s declaration assuming responsibility and describing the impossibility of obtaining the owners’ consent.

(4) In the situation provided for in para. (3), the amounts due for temporary occupation, including the value of timber sold, are deposited as compensation in a bank account opened in the project initiator’s name and subsequently released to persons who prove ownership, by instruction of the project initiator, under this law.

(5) In the case provided for in art. 38 para. (1) point b), the consent of the owner of privately owned land within the FFN is issued in authenticated form.

(6) Temporary occupation of land within the FFN for urgent interventions to make road and railway transport infrastructure safe, repair disruptions or damage to telecommunications networks, electricity transmission or distribution networks, water, sewerage and gas pipelines, and other similar installations is approved by the head of the territorially competent Forest Guard on the basis of a request issued by the Government/competent authority/infrastructure administrator/transmission or distribution operator, as applicable, for a maximum of 90 days, without requiring payment of the guarantee for temporary occupation of land within the FFN.

(7) In the case provided for in para. (6), the beneficiary of temporary occupation of land within the FFN must pay the cost of the damage caused, the loss of tree growth and the work needed to restore the land to its original condition, determined on the basis of a cost estimate prepared by the forest district ensuring administration and/or forestry services and endorsed by the head of the territorially competent Forest Guard; the estimate constitutes an enforceable instrument.

(8) The amount provided for in para. (7) is paid within 30 days of communication to the beneficiary of the estimate provided for in that paragraph.

Art. 44. (1) a), b), c) – after obtaining the necessary consents and endorsements, approval powers for removal from the FFN are divided as follows: 1. the head of the territorially competent Forest Guard, for areas of up to and including 250 m²/owner/forest tract/10 years;

2. the head of the Authority, with the endorsement of the territorially competent Forest Guard, for areas from 250 m² up to and including 10 ha/owner/forest tract/10 years;

3. the Government, on the Authority’s proposal and with the endorsement of the territorially competent Forest Guard, for areas exceeding 10 ha and for other situations provided for by law.

Art. 45. Financial obligations for land permanently removed from the FFN

(1) For land permanently removed from the FFN in the cases provided for in art. 41, the financial obligations are as follows:

a) the fee for permanent removal of land from the FFN, paid before approval of permanent removal is issued and deposited in the fund for improving land designated for forestry, at the Authority’s disposal;

b) the value of the land permanently removed from the FFN, paid to the landowner for privately owned land. For land publicly owned by the state/administrative-territorial units, the amount provided for in art. 41 para. (5) is transferred to the fund for improving land designated for forestry; the value of land permanently removed from the FFN is not paid in cases of permanent removal with compensation;

c) the value of the loss of growth caused by harvesting timber before the technical harvesting age, paid to the landowner for land privately owned or publicly owned by administrative-territorial units, and, for publicly state-owned land, to the administrator of publicly state-owned forests, becoming revenue of the forest conservation and regeneration fund;

d) the value of decommissioned facilities; for publicly state-owned forests, this is paid to the administrator, and for other forms of ownership, to the owner;

e) the costs of establishing forest vegetation and maintaining it until stand closure, only in the cases provided for in art. 41 para. (1), deposited in the forest conservation and regeneration fund. The obligation to establish forest vegetation and maintain it until stand closure, using its own resources or contracted services, rests with the forest district administering the land or providing forestry services.

(2) The financial obligations provided for in para. (1) points b)–e) are paid before handover of the land for which approval for permanent removal from the FFN has been issued.

(3) Handover of land for which permanent removal from the FFN has been approved takes place on the basis of a record concluded between the beneficiary of permanent removal and the forest district ensuring administration/forestry services, in the presence of the representative of the territorially competent Forest Guard, only after payment of the financial obligations provided for in para. (1) points b)–e), as applicable, within a maximum of 180 days of approval of permanent removal.

(4) Failure to take over land for which permanent removal from the FFN has been approved within the period provided for in para. (3) results in revocation or, as applicable, annulment of the administrative act approving permanent removal of the land from the FFN, under the law. This is established by the territorially competent Forest Guard.

(5) For publicly owned land, permanent removal from the FFN to construct the facilities provided for in art. 40 para. (1) takes place without payment of the financial obligations provided for in para. (1).

Art. 45. (1) + a reparatory fee for restoring and conserving affected species and habitats shall be introduced into the methodology provided for in Art. 49;

Art. 45. (5) all financial obligations provided for in Art. 45. (1) and 46. (1) for land temporarily occupied or permanently removed from the FFN are paid in full before the actual handover by all beneficiaries, without exception;

Art. 46. Financial obligations for land temporarily occupied within the FFN

(1) For land temporarily occupied within the FFN that is required to construct the facilities provided for in art. 38 para. (1) points b) and c), the financial obligations are as follows:

a) the guarantee, equivalent to the fee for permanent removal of land from the FFN with compensation, paid before approval is issued and deposited in the fund for improving land designated for forestry, at the Authority’s disposal;

b) rent, paid to the owner for privately owned land and land publicly owned by administrative-territorial units; for publicly state-owned land, 30% of the rent is deposited in the forest conservation and regeneration fund, 20% is paid to the administrator, and 50% is deposited in the forest accessibility fund;

c) the value of the loss of growth caused by harvesting timber before the technical harvesting age, paid to the landowner for privately owned land and land publicly owned by administrative-territorial units; for publicly state-owned land, the value of lost growth is paid to the administrator, who deposits it in the forest conservation and regeneration fund;

d) the value of facilities decommissioned on the land concerned, paid to the administrator for publicly state-owned land, or to the owner in other cases;

e) the costs of re-establishing forest vegetation and maintaining it until stand closure, deposited in the forest conservation and regeneration fund.

(2) Temporary occupation of land within the FFN publicly owned by the state or administrative-territorial units in the case provided for in art. 38 para. (1) point a), whose beneficiaries are the state or the administrative-territorial unit, takes place without payment of the financial obligations provided for in para. (1) points a)–c).

(3) Temporary occupation of privately owned land within the FFN in the case provided for in art. 38 para. (1) point a), whose beneficiaries are the state or administrative-territorial units, takes place without payment of the financial obligations provided for in para. (1) point a).

(4) Temporary occupation of land within the FFN without payment of the obligations under paras. (2) and (3), in favour of entities conducting economic activities, takes place in compliance with European and national state aid provisions.

(5) The financial obligations provided for in para. (1) points b)–e) are paid before handover of the land for which approval for temporary occupation within the FFN has been issued.

(6) Handover of land for which temporary occupation within the FFN has been approved takes place in the presence of the representative of the territorially competent Forest Guard within a maximum of 180 days of approval.

(7) If the beneficiary fails to take over the land within the period provided for in para. (6), the territorially competent Forest Guard initiates legal action to revoke the approval act issued for permanent removal.

Art. 46. (1) + a reparatory fee for restoring and conserving affected species and habitats shall be introduced into the methodology provided for in Art. 49;

Art. 46. (2), (3) and (4) all financial obligations provided for in Art. 45. (1) and 46. (1) for land temporarily occupied or permanently removed from the FFN are paid in full before the actual handover by all beneficiaries, without exception;

Section 5. Changing the land-use category of land designated for forestry

Art. 47. Changing the land-use category of land designated for forestry

(1) A change in the forestry land-use category of land designated for forestry to another forestry land-use category, during the forest management plan’s application period, takes place at the beneficiary’s request and is approved by order of the head of the Authority.

(2) A change in the forestry land-use category of land designated for forestry from “forest” to another forestry land-use category requires payment of a fee equivalent to the fee for permanent removal of land from the FFN provided for in art. 45 para. (1) point a), transferred to the fund for improving land designated for forestry.

(3) The following are exempt from para. (2):

a) land required to construct forest roads and carry out torrent control works;

b) land required to establish forest nurseries with an area of up to 1 ha;

c) land required for timber storage sites with an area of up to 1 ha;

d) land required to locate forestry research installations and equipment;

e) land required to establish the border corridor and state border protection strip, and land intended for facilities within the Integrated State Border Security System;

f) land intended for training centres at the request of institutions within the national defence and public order system;

g) land intended to extend the safety zone of existing power lines and road and railway transport infrastructure.

(4) Changes in the land-use category of the land provided for in para. (3) points a)–d) take place at the request of the forest fund owner/administrator; those provided for in para. (3) points e) and f), at the request of institutions within the national defence and public order system; and those provided for in para. (3) point g), at the request of the holder of the facility.

(5) Correction of errors in classification concerning land-use categories, identified when preparing/revising the forest management plan, is exempt from the fees provided for in para. (2).

(6) Exemption from payment of the fee equivalent to the fee for permanent removal of land from the FFN provided for in art. 45 para. (1) point a), for changes in the forestry land-use category of land within the FFN whose beneficiaries are entities conducting economic activities, takes place in compliance with European and national state aid provisions.

Art. 47 (3) changes in the forestry land-use category of land designated for forestry that are exempt from payment of a fee equivalent to the fee for permanent removal of land from the FFN are those required for:

1. carrying out control works for

torrents;

2. locating forestry research installations and equipment;

3. constructing facilities within the Integrated State

Border Security System;

Art.48. Entry in the land register of land subject to permanent removal from the FFN

(1) Land for which approval for permanent removal from the FFN has been issued and land taken over in compensation acquire the legal status of the land they replace and are entered in the land register on the basis of the approval act and the handover record concluded between the parties, in which the properties are identified by cadastral/topographic number and land register number.

(2) The obligation to construct the facility for which approval for permanent removal was obtained under arts. 40 and 41 is noted in the land register.

Art. 49. Methodology for permanent removal, temporary occupation and land exchange

The methodology concerning permanent removal, temporary occupation, assessment of land and forest vegetation on land subject to exchange, and calculation of monetary obligations is approved by order of the head of the Authority within 120 days of this law entering into force and published in the Official Gazette of Romania.

Art. 50. Timber resulting from removal or occupation

Timber resulting from clearing forest vegetation on land permanently removed from or temporarily occupied within the FFN belongs to the owner for privately owned land and land publicly owned by administrative-territorial units, or to the administrator for publicly state-owned land, except in situations where the law does not provide otherwise

Section 6. Transfer of land within the FFN

Art. 51. Inalienability of publicly state-owned land within the FFN

Publicly state-owned land within the FFN may not be subject to the creation of private ownership rights or any limited right in rem derived from ownership, under penalty of absolute nullity of the act creating the right.

Art. 52. Concession of land within the FFN

(1) Publicly state-owned land within the FFN may not be granted under concession, except for:

a) land associated with facilities established within the FFN before 1990, for the lifetime of the buildings, but no longer than 49 years;

b) land associated with assets sold by Romsilva, for the lifetime of the buildings, but no longer than 49 years from the date the sale and purchase contract is concluded;

c) land associated with assets rented out by Romsilva, for a maximum of 5 years from the date the rental contract is concluded.

(2) The calculation of the concession fee for publicly state-owned forest fund land is established through a methodology approved by Government decision within 120 days of this law entering into force.

Art.53. Right of pre-emption in the purchase of privately owned land included in the FFN

(1) By derogation from art. 1746 of Law no. 287/2009, republished, as subsequently amended and supplemented, privately owned land within the FFN is sold respecting, in order, the right of pre-emption of co-owners, owners of neighbouring land within the FFN, the Romanian state exercised through Romsilva, and administrative-territorial units, at the same price and on equal terms.

(2) The seller must notify all holders of pre-emption rights in writing, through a bailiff or notary public, of the intention to sell, stating the price requested for the land to be sold. Where the co-owners or neighbours of the property, other than the administrator of publicly state-owned land within the FFN, have no known domicile or registered office, notification of the sale offer is registered at the town hall or, as applicable, town halls in whose area the land is situated and displayed there on the same day, under the responsibility of the local council secretary.

(3) Holders of pre-emption rights must express their intention to purchase in writing and communicate acceptance of the sale offer or, where applicable, register it at the town hall where the offer was displayed, within 30 days of communication of the sale offer or, where applicable, its display at the town hall.

(4) If none of the holders of pre-emption rights expresses an intention to purchase within the period provided for in para. (3), the land may be sold freely. Proof of notification of the holders of pre-emption rights is provided to the notary public through copies of the communications sent or, where applicable, a certificate issued by the town hall after expiry of the 30-day period in which the intention to purchase had to be expressed.

(5) The seller’s failure to fulfil the obligation provided for in para. (2), or sale of the land at a lower price or on more favourable terms than those stated in the sale offer, makes the sale voidable.

(6) The Romanian state may acquire privately owned land within the FFN under art. 863 point c) of Law no. 287/2009, republished, as subsequently amended and supplemented. Land thus acquired becomes public state property.

Art. 54. Land exchange

(1) Administrators of land within the FFN owned by the state or administrative-territorial units take measures to eliminate enclaves, correct the perimeter of the FFN and consolidate the land they administer through land exchanges by authenticated instruments.

(2) Land subject to exchange has/acquires a forestry designation.

(3) Land exchange takes place on the basis of at least equivalent area or equivalent value.

Art. 54. (1) The state may exchange land for privately owned land within the FFN to acquire areas more valuable for biological diversity, where timber harvesting is prohibited through forest management plans because of their inclusion in the Catalogue of Virgin and Quasi-virgin Forests or in non-intervention zones through protected-area management plans, to avoid paying compensation permanently.

Art. 55. How the Romanian state acquires forest land

The procedure for acquisition through purchase, exchange or donation, through Romsilva and the other administrators of publicly owned FFN, under the conditions provided for in art. 53, is approved by Government decision on the Authority’s proposal within 180 days of this law entering into force.

Art. 56. Conditions for land exchange

(1) Where one of the plots is publicly owned, the land exchange must meet at least one of the following conditions:

a) lead to the elimination of enclaves from the publicly state-owned FFN;

b) result in the consolidation of publicly state-owned land within the FFN;

c) ensure an increase in forested areas in zones with insufficient forest cover.

d) ensure equivalent value of the land subject to exchange, according to the methodology provided for in art. 55, without reducing the area of publicly owned FFN.

(2) The land exchange provided for in para. (1) is initiated by the administrator of publicly owned land within the FFN, or by the owner for land within the FFN publicly owned by administrative-territorial units, and approved by order of the head of the Authority.

(3) Where land within the FFN accounts for less than 30% of the county’s area, land exchange may take place only within the same county.

(4) Exchanges take place only with land within the FFN, except in the situations provided for in para. (1) points a) and c), where land with another designation may be exchanged.

Art. 56. + The state may exchange land for privately owned land within the FFN to acquire areas more valuable for biological diversity, where timber harvesting is prohibited through forest management plans because of their inclusion in the Catalogue of Virgin and Quasi-virgin Forests or in non-intervention zones through protected-area management plans, to avoid paying compensation permanently.

Art. 57. Fragmentation of forest fund areas

From the date this law enters into force, land within the FFN classified in the forest land-use category may not be subdivided or split below the 0.5 ha limit provided for in art. 2 para. (1) through notarised subdivision or partition instruments, except in the cases provided for in arts. 40 and 41.

Section 7. Access to land within the FFN

Art.58. Recreational access to land within the FFN

(1) Access by persons on foot or by bicycle to land within the FFN is free and takes place at their own risk, without causing harm, upon notification of the administrator or owner, as applicable.

(2) Access by the persons provided for in para. (1) is restricted by the administrator/owner for limited periods in areas at risk of fire, risk areas where forest harvesting or hunting activities are carried out, strict protection zones where access by persons is prohibited for environmental protection reasons, and on the land provided for in art. 1 para. (3) point g), except for forest roads where they are not located within the areas covered by the situations listed.

(3) Administration structures may temporarily restrict access under para. (2) to ensure people’s safety, by displaying these restrictions in a visible place.

(4) In forests situated in protected natural areas, public access to the forest may be restricted by the provisions of protected natural area management plans.

(5) Public bicycle access to forests is permitted on forest roads, paths and designated trails, at users’ own risk and subject to the conditions established by the land administrator/owner, as applicable.

(6) Establishing paths and trails within the FFN for walking, running, horse riding and cycling requires the administrator’s consent for publicly or privately state-owned forests, or the owner’s consent for other forms of ownership. In forests within protected natural areas, such facilities may be established only with the approval of the protected natural area administrator.

(7) Paths and trails for walking, running, horse riding and cycling may be made only from earth, wood and gravel. Their construction is not subject to removal from or temporary occupation of the FFN, does not require a construction permit, and a maximum of 5 trees/ha may be harvested to establish them.

(8) Public access to the FFN with self-propelled or animal-drawn vehicles is prohibited.

(9) By exception to para. (8), sports, utility, recreational and tourism events with a designated organiser that involve the use of these motorised means may be organised only outside protected natural areas, on specially marked routes, and only with the consent of the administrator of publicly owned land or the owner in other cases.

(10) By exception to para. (8), access by self-propelled or animal-drawn vehicles on forest roads for transit may be permitted under conditions established by the owner/administrator where the roads serve tourism, utility or leisure facilities, if this does not endanger the integrity of the FFN.

(11) To ensure access to the perimeter of tailings ponds, forest roads have the status of easement roads. To properly manage the operational safety of tailings ponds and water management systems and their structural security, a safety zone up to 30 m wide is established from the boundary of the tailings pond or water management system.

Art. 58. (1) Access to land within the FFN without causing harm is guaranteed by the state and unconditional.

Art. 58. (5) Access on foot, by bicycle, by other non-motorised sporting means, for horse riding and by animal-drawn means for recreation is free and takes place at the entrants’ own risk, without causing harm;

Art. 58. (6) Establishing paths and trails within the FFN for walking, running, horse riding and cycling requires the administrator’s advisory opinion for publicly state-owned forests, or the owner’s involvement in decision-making in an advisory role for other forms of ownership. In forests within protected natural areas, such facilities may be established only with the approval of the protected natural area administrator.

Art. 58. (8) Access on foot, by bicycle, by other non-motorised sporting means, for horse riding and by animal-drawn means for recreation is free and takes place at the entrants’ own risk, without causing harm;

Art. 59. (9) as an exception, strictly for the organisational activities outside competition at sports, utility, recreational and tourism events with a designated organiser, the use of motorised means may be permitted for a limited period only outside protected natural areas, on permanent forest roads, and only with the consent of the administrator of publicly owned land or the owner in other cases.

Art. 58. + locating timber extraction routes or forest roads on marked tourist trails, and marking and extracting trees bearing tourist trail markings, is prohibited. A strip at least 100 m wide shall be retained on both sides of marked trails, in which trees shall not be extracted. This strip may be delineated as separate subcompartments in forest management plans, and only the clearance of trees fallen onto the tourist trail shall be permitted. An exception applies to marked trails established on forest roads that existed before the tourist trails.

Art. 59. Access to the forest fund for other purposes

Access to land within the FFN is permitted for:

a) personnel within administration/forestry services structures;

b) personnel with responsibilities for oversight and establishing breaches of this law;

c) personnel within protected natural area administration structures;

d) personnel authorised to manage hunting grounds;

e) personnel involved in design, technological development and scientific research activities;

f) personnel responsible for carrying out the IFN;

g) personnel within entities lawfully conducting activities in the FFN;

h) representatives of non-governmental organisations or journalists, at their own risk and without harming the legitimate interests of natural or legal persons or endangering people’s safety.

Retitling Art. 59: Access to the forest fund for administration, oversight, economic activities, scientific research and documenting matters of social interest

Art. 59. h) persons within non-governmental associations promoting environmental principles, journalists, activists, public whistleblowers and volunteers publicly recognised for their involvement in environmental matters.

Section 8. Legal representation in disputes concerning land within the FFN

Art. 60. Disputes concerning publicly owned land within the FFN

(1) In disputes concerning ownership of the publicly state-owned FFN, the holder of the right of administration must inform the court who holds the ownership right, under Law no. 134/2010 on the Code of Civil Procedure, republished, as subsequently amended and supplemented. The holder of the right of administration is liable for harm/forest harm caused by failure to fulfil these obligations.

(2) In disputes concerning the right to administer the publicly owned forest fund, the holder of that right appears in court in their own name.

Chapter IV. The forest management plan

Art. 61. Forest planning

(1) The way the FFN is managed is regulated through forest management plans. For publicly state-owned land, management plans provide the data and information needed for its registration/updating in the centralised inventory of assets in the state’s public domain and registration in the integrated cadastre and land register system.

(2) Registration of land within the FFN in the centralised inventory of assets in the state’s public domain, and updating that inventory until registration in the integrated cadastre and land register system, take place on the basis of forest management plans in force. The Authority is responsible for this registration.

(3) FFN management objectives are established through forest management plans, consistent with ecological, social and economic objectives and respecting forest ownership rights exercised under this law.

Art. 62. Functional groups

(1) According to the functions they perform, forests are classified into two functional groups:

a) group I, comprising forests with special protective functions;

b) group II, comprising forests with production and protective functions.

(2) Forests are classified into functional groups on the basis of the technical forest planning rules.

(3) The way forests in each functional group are managed differs according to the intensity and nature of the assigned functions established through forest management plans.

Art. 63. Preparation of forest management plans

(1) Forest management plans are prepared for production and/or protection units on the basis of technical forest planning rules. Production/protection units are established at the level of the publicly and privately state-owned forest fund and the forest fund belonging to an owner, an owners’ association or an administrative-territorial unit.

(2) Preparation of forest management plans is mandatory for land within the FFN exceeding 10 ha. The minimum area for preparing a forest management plan is 100 ha;

(3) For land of up to and including 100 ha included in a forest management plan, the timber production process is regulated at management unit level or on the basis of structural management decisions at stand level. The method of preparing the forest management plan is established when the design brief is endorsed.

(4) The technical rules provided for in para. (1) are drawn up and approved by the Authority, respecting the following principles:

a) the principle of continuity;

b) the principle of functional effectiveness;

c) the principle of conserving and improving biodiversity;

d) the economic principle.

(5) Forest management plans are prepared for 10 years, except those for forests of poplar, willow and other fast-growing species, which are prepared for 5 or 10 years.

(6) During the validity period of a forest management plan, approval of the preparation of another forest management plan for the land concerned or part of it is prohibited, except in the following cases:

a) where the volume harvested from main products, including category I salvage products, for which legal approvals exist, exceeds the allowable cut established by the forest management plan;

b) for forest land restituted through the application of land laws, at the owner’s request; otherwise, the forest management plan in force for the publicly state-owned forest fund from which the forest property was restituted applies until its validity expires under this law;

c) where an owner requests the preparation of a forest management plan for properties they hold for which forest management plans were prepared at different times; this type of forest management plan is prepared and may apply only from the date on which the forest management plan/plans with the larger area/combined area expire, and the volume harvested through application of the other forest management plan/plans does not exceed the annual allowable cut multiplied by the number of years the forest management plan has applied;

d) at Romsilva’s request, following reassignment of the publicly state-owned forest fund among forest districts;

e) where a forest management plan expires during a calendar year before 31 December of that year; in this situation, the forest management plan remains valid until 31 December of that year.

(7) Demarcation of land within the FFN is carried out in compliance with Law no. 287/2009, republished, as subsequently amended and supplemented, and does not apply within that land.

(8) Forest management plans are prepared under the Authority’s coordination and oversight.

(9) The Authority verifies how forest management plan provisions are applied, on the basis of the adopted methodology.

(10) Forest management plans are prepared by specialised legal persons certified on the basis of the methodology concerning the certification procedure and conditions, approved by order of the head of the Authority within 120 days of this law entering into force.

(11) Forest management plans for publicly state-owned land are prepared through public procurement procedures by research, development and innovation institutes/institutions accredited by the state authority for research and development; from 2030, they are prepared through public procurement procedures by legal persons certified under para. (10).

(12) The costs of preparing forest management plans for public and private state property are borne by their administrator.

(13) The costs of preparing forest management plans for types of forest ownership other than those provided for in para. (12) are borne by the owner.

Art. 63. (6) during the validity period of a forest management plan, approval of the preparation of another forest management plan for the land concerned or part of it is prohibited, except for forest land restituted through the application of land laws, at the owner’s request; otherwise, the forest management plan in force for the publicly state-owned forest fund from which the forest property was restituted applies until its validity expires under this law; -this remains the sole exception to Art. 63. (6)

Art. 64. Environmental assessment and endorsement of forest management plans

(1) For unified management of the FFN, the Authority prepares sustainable forest management plans valid for 20 years, drawn up at regional level within a maximum of 24 months of this law entering into force, in compliance with Government Decision no. 1076/2004 establishing the environmental assessment procedure for plans and programmes, as subsequently amended.

(2) The sustainable forest management plans provided for in para. (1) are approved by order of the head of the Authority.

(3) Forest management plans establish silvicultural work within the framework of the corresponding sustainable forest management plan.

(4) The environmental assessment procedure for forest management plans begins when the design brief is endorsed at Forest Planning Conference I, runs concurrently with preparation of the forest management plan and concludes with the competent environmental protection authority issuing the regulatory act after the meeting for preliminary endorsement of technical solutions – Forest Planning Conference II.

(5) Forest management plans are endorsed by the Technical Endorsement Commission for Forestry within the Authority, whose operation is regulated by the Methodology approved by order of the head of the Authority.

(6) Approved sustainable management plans and forest management plans are published by the Authority on its website.

(7) Forest management plans that overlap entirely with protected natural areas of Community interest undergo appropriate assessment under Government Emergency Ordinance no. 57/2007 on the regime of protected natural areas and the conservation of natural habitats, wild flora and fauna, approved with amendments and supplements by Law no. 49/2011, as subsequently amended and supplemented. Forest management plans that overlap partly with protected natural areas of Community interest and contain projects listed in Annexes no. 1 or 2 to Law no. 292/2018 on assessing the environmental impact of certain public and private projects undergo appropriate assessment under Government Emergency Ordinance no. 57/2007, approved with amendments and supplements by Law no. 49/2011, as subsequently amended and supplemented.

(8) Forest management plans other than those provided for in para. (7) undergo the screening stage of the appropriate assessment procedure under Government Emergency Ordinance no. 57/2007, approved with amendments and supplements by Law no. 49/2011, as subsequently amended and supplemented.

(9) Forest management plans that overlap partly or entirely with protected natural areas of Community interest, are valid and approved when this law enters into force, and for which an appropriate assessment study and environmental report were not prepared within the environmental assessment procedure under Government Decision no. 1076/2004, as subsequently amended, undergo revision by restarting the environmental assessment and appropriate assessment procedures.

(10) The methodology for conducting the environmental assessment procedure for forest management plans, approved by Government Decision no. 236/2023, applies to the forest management plans provided for in paras. (7) and (9).

(11) Within 6 months of this law entering into force, holders of the forest management plans provided for in para. (9) must notify the competent environmental protection authority with a view to restarting the environmental assessment procedure, including appropriate assessment.

Art. 64. (4) the environmental assessment procedure for forest management plans begins when an initial draft exists, after Conference II for preliminary endorsement of technical solutions;

Art. 64. (6) approved sustainable management plans and forest management plans are published in full by the Authority on its website;

Art. 64. (9), (10) and (11) application is suspended for valid forest management plans that are legally subject to one of the forms of assessment but have not completed the procedure by the date this law enters into force. Holders of these plans must restart the environmental impact assessment procedure within a maximum of 3 months of this law entering into force;

Art. 65. Approval of forest management plans and their entry into force

(1) Forest management plans and amendments to them are approved by order of the head of the Authority for plans covering an FFN area of at least 1000 ha, and by decision of the head of the territorially competent Forest Guard for FFN areas of up to 1000 ha.

(2) A forest management plan enters into force on the date of its approval and remains valid until 31 December of the tenth or, as applicable, fifth year of application, calculated from the year in which the meeting for preliminary endorsement of technical solutions – Forest Planning Conference II – took place.

(3) Forest management plans that entered into force before this law remain valid until the new management plan is approved, but no later than 31 December of the year following their expiry. Until the new forest management plan enters into force, the following activities and actions are permitted under the forest management plan that remains valid:

a) granting compensation for the value of products owners do not harvest because of protective functions established through forest management plans that impose timber harvesting restrictions;

b) carrying out afforestation, reforestation, tending and management work in young stands provided for in the forest management plan, and forest protection work, including harvesting salvage and extraordinary products;

c) assessing and harvesting standing timber left unharvested, up to the volume corresponding to the allowable cut established by the forest management plan, and transporting timber stocks from lots authorised for harvesting before approval of the new forest management plan and not fully harvested by the date the new forest management plan is approved.

(4) Salvage products arising during the period provided for in para. (3) are offset against the allowable cut of the new forest management plan.

Art. 65. (2) the forest management plan enters into force on the date its approval Order is published in the Official Gazette and remains valid until 31 December of the tenth or, as applicable, fifth year of application. The first year of application is the year in which the forest management plan was approved.

Art. 65. (3) forest management plans in force retain their validity and applicability until the expiry of the period for which they were prepared.

Until the new management plan enters into force, only the following activities and actions, guided by the provisions of the expired plan, are permitted:

– Carrying out afforestation, reforestation, plantation maintenance and infill planting, assistance to natural regeneration, release cutting and forest protection work;

Chapter V. Sustainable management of land within the FFN

Section 1. Technical rules and guides, and forest monitoring through condition indicators

Art. 66. Technical rules and guides for sustainable forest management

(1) The Authority draws up technical rules ensuring sustainable forest management and approves them by order of the head of the Authority.

(2) Technical rules establish mandatory minimum requirements for forest management, including condition indicators.

(3) The Authority draws up good-practice guides supplementary to the technical rules; these guides are not mandatory.

(4) A forest owner’s acceptance of options from the good-practice guides provided for in para. (3) is encouraged through the financial incentive and/or compensation instruments for owners provided for in arts. 121–122, and the support for owners provided for in art. 123.

Art. 66. (1), (2) and (3) – Technical forestry rules and good-practice guides approved by Ministerial Order are mandatory;

Art. 67. Forest condition indicators

Forest condition indicators must allow monitoring of:

a) maintenance and improvement of the main characteristics of the growing stock;

b) the degree to which the objectives pursued in silvicultural work in stands are achieved, and monitoring the quality of that work;

c) functional effectiveness concerning the ecological, economic and social functions assigned;

d) forest health;

e) the conservation status of forest habitats.

Art. 68. Information and awareness for owners of land within the FFN

(1) The state supports sustainable management of land within the FFN through information and awareness activities for owners.

(2) Through specific programmes, the Authority promotes awareness, advice, cooperation and skills development activities for private owners to help them understand the need for sustainable management practices.

(3) The good-practice guides defined in art. 66 para. (3) provide specific measures for managing private forests.

Art 68. (1) the state supports sustainable management of land within the FFN and forests in general through information and awareness activities for owners.

Section 2. Stand tending and management work and silvicultural treatments

Art.69. Close-to-nature forestry

Stand tending and management work and silvicultural treatments form part of the close-to-nature forestry model applied to management of the FFN, and are carried out through the rules and, where applicable, good-practice guides provided for in art. 66 paras. (2) and (3).

Art. 70. Carrying out stand tending and management work

(1) The area specified in the forest management plan for stand tending and management work is a minimum. Additional areas to undergo such work are selected taking into account the criteria in the good-practice guide provided for in art. 66 para. (3).

(2) The timber volume specified in the forest management plan for extraction through stand tending and management work is indicative and harvested in compliance with the specific technical rule.

(3) Stand tending and management work is carried out by forest districts or certified legal persons.

(4) Carrying out stand tending and management work is mandatory for all forest holders. Failure to carry out the work provided for in para. (1) in accordance with forest management plans is sanctioned under the law.

(5) Timber resulting from stand tending and management work that cannot be sold through auctions is sold as a priority as firewood to supply the population.

Art.71. Application of clear-felling treatment

(1) Clear-felling treatment in small felling sites is permitted only in even-aged and relatively even-aged spruce, pine and larch stands, Euro-American poplar and selected willow stands, and for work to replace or restore stands where other treatments cannot be applied.

(2) In the situations provided for in para. (1), the forest area subject to clear-felling treatment in small felling sites is up to and including 3 ha, except for Euro-American poplar and selected willow stands within embanked enclosures that require mechanised site preparation for reforestation, where the area is up to and including 5 ha. A distance of at least twice the height of the trees is retained between small clear-felling sites. Adjoining small clear-felling sites are permitted only after stand closure has been achieved on the areas previously treated.

(3) Where salvage products arise on contiguous areas, the size of the felling site is determined by the area affected by the damaging factor and the method of intervention to eliminate its effects.

(4) For extraordinary products, the area of the felling site is determined by the size of the area on which these products arise.

(5) Clear-felling treatment in protected natural areas is prohibited, except in stands with short production cycles.

Art. 71. (2) adjoining clear-felling sites are permitted only after stand closure has been achieved on the area previously treated

Art. 71. (5) – treatments involving removal of vegetation across the felling site in a single felling operation are prohibited in protected natural areas. An exception applies to stands with short production cycles, where the maximum contiguous area that may be treated outside the growing season is limited to 1 ha.

Art. 72. Timber harvesting rules

(1) The maximum timber volume harvested as main products in a management unit may not exceed the allowable cut established by the forest management plan for its validity period.

(2) The maximum timber volume provided for in para. (1), harvested annually as main products in a management unit, may not exceed the annual allowable cut.

(3) By exception to para. (2), the annual allowable cut may be exceeded in the following situations:

a) if the timber production process is regulated at stand level**,** and where there is only one stand in the ten-year plan for harvesting main products;

b) by the volume of timber not harvested, up to the annual allowable cut, in previous years of application of the forest management plan in force;

c) to harvest category I salvage and extraordinary products, with the Forest Guard’s approval;

d) by the timber volume scheduled for harvesting from stands included in the ten-year plan, to take advantage of seed years in oak-dominated stands;

e) through advance harvesting of a maximum cumulative volume equivalent to one annual allowable cut over the entire validity period of the forest management plan.

(4) By exception to para. (1), the allowable cut established by the forest management plan for its validity period may be exceeded through harvesting category I salvage products, extraordinary products and illegal fellings, with these taken into account when preparing the new forest management plan for the publicly state-owned FFN, or at owner level in other cases.

(5) Salvage and extraordinary products are harvested in full from the forest fund; where the volume of category I salvage products, combined with the volume of illegal fellings and the volume harvested before they arose, exceeds the allowable cut, the forest district ensuring administration/forestry services, as applicable, prepares documentation according to the methodology approved by order of the head of the Authority and sends it to the territorially competent Forest Guard for approval. In protected natural areas, specific environmental protection legislation is respected.

(6) Exceeding the allowable cut as provided for in para. (5) is approved by decision of the head of the territorially competent Forest Guard.

(7) The volume of category I salvage and extraordinary products recorded in management units where the timber production process is regulated, and the volume of illegally felled trees, are offset against the allowable cut.

(8) Offsetting takes place within the same property.

(9) The timber volume provided for in para. (5) that exceeds the annual allowable cut is offset in subsequent years of application of the forest management plan.

Art. 72. (3) The maximum timber volume harvested as main products in a management unit may not exceed the allowable cut established by the forest management plan for its validity period, or the updated annual allowable cut. The sole accepted exception is where category I salvage and extraordinary products arise and require harvesting from the allowable cut reserve, without exceeding the ten-year allowable cut;

Art. 72. (5) and (6) Exceeding the ten-year allowable cut and that established for stands fully inventoried when preparing the management plan is prohibited;

Art. 72. (8) Offsetting takes place only for the management plan currently being applied, in the following order:

1. property;

2. management subunit;

3. production/protection unit

Art. 72. + If offsetting volumes resulting from illegal fellings would lead to the ten-year allowable cut being exceeded, offsetting may extend beyond the property and shall take place through spatial extension to neighbouring management plans in order of distance, so that the loss is withheld from harvesting until the end of the validity of the management plan where it occurred. In this situation, other affected forest fund owners/administrators may bring claims against those responsible;

Section 3. Forest regeneration and ecological reconstruction

Art. 73. Stand regime and regeneration

(1) Forest regeneration and ecological reconstruction are carried out in accordance with forest management plans or specialist studies/technical designs.

(2) The high forest regime is applied in forest regeneration, seeking to establish stands of superior quality and ensure their continuous exercise of protective functions.

(3) Poplar, willow, black locust and alder stands, as well as riparian woods, where the coppice regime is permitted, are exempt from para. (2).

Art. 73. (3) Native poplar, willow, black locust and alder stands, as well as riparian woods, are exempt from para. (2), with the coppice regime permitted only where they are not subject to special conservation work.

Art.74. Conditions for ensuring forest regeneration

(1) Artificial regeneration and infill planting in natural regeneration are carried out within no more than two years of single/final felling/after harvesting salvage products on contiguous areas exceeding 0.5 ha.

(2) Stands affected by extensive windthrow and wind and snow breakage, biotic factors, and single fellings in the forest fund of the Danube Floodplain and Delta are exempt from para. (1). Depending on the scale of the phenomenon, the Forest Guard establishes their maximum period for artificial regeneration and infill planting in natural regeneration, which may not exceed 5 years from felling.

(3) The afforestation species composition, schemes and techniques applied comply with the provisions of specialist technical rules and/or approved specialist studies.

(4) Forest regeneration work and maintenance of natural seedling regeneration and plantations are carried out by forest districts or certified legal persons.

(5) Legal persons carrying out forest regeneration work and maintenance of natural seedling regeneration and plantations are certified through Regulations approved by the Authority.

Art. 74 (1) Artificial regeneration and infill planting in natural regeneration are carried out within no more than two years of single/final felling/after harvesting salvage/extraordinary products. The condition also applies to land used for the compensation and exchange provided for in Art. (41). 7) and Art. (56). 4), respectively, with the time in this situation running from approval of the transaction;

Art. 74. (2) Stands affected by extensive windthrow and wind and snow breakage and biotic factors are exempt from para. (1); depending on the scale of the phenomenon, the Forest Guard establishes their maximum period for artificial regeneration and infill planting in natural regeneration, which may not exceed 5 years from felling the date of occurrence of the phenomena affecting them.

Art. 75. Conditions for carrying out ecological reconstruction

Ecological reconstruction of degraded land outside the FFN is carried out on the basis of technical solutions established through technical designs prepared by natural and legal persons certified under the Methodology approved by order of the head of the Authority.

Art.76. Forest reproductive material

(1) The methods for producing, marketing and using forest reproductive material are approved by law, consistent with European Union legislation in the field.

(2) To conserve and improve forests’ genetic diversity, the Authority ensures the traceability of forest reproductive material.

Art. 76. (2) To conserve and improve forests’ genetic diversity, the Authority ensures transparency in the traceability of forest reproductive material.

Art.77. Ensuring compliance with the forest regeneration obligation

(1) Where, for reasons attributable to the owner, they fail to fulfil the obligation concerning regeneration work provided for in art. 23 para. (2) points d) and e) and para. (4) point c), the territorially competent Forest Guard instructs the forest district to carry out annual regeneration inspections, artificial regeneration and plantation maintenance on the basis of a cost estimate, with the cost of this work borne by the owner.

(2) The estimate for the work provided for in para. (1), prepared by the forest district or certified provider and approved by the Forest Guard, is communicated to the owner.

(3) The estimate provided for in para. (1), accepted expressly or tacitly by the owner’s failure to contest it within 30 calendar days of communication, constitutes an enforceable instrument and forms the basis for carrying out regeneration work.

(4) The cost of annual regeneration inspections and regeneration work carried out and accepted in accordance with the approved estimate is borne by the state budget, the fund for improving land designated for forestry and European funds until the claim is recovered from the owner.

(5) The claim provided for in para. (4) is recovered through enforcement proceedings under the procedure for recovering budgetary claims.

(6) For land where the regeneration obligation has not been fulfilled and the owner cannot be identified, or the owner has died and succession proceedings have not been settled, the Forest Guard orders annual regeneration inspections, artificial regeneration and plantation maintenance on the basis of a cost estimate. The Forest Guard notifies in writing the administrative-territorial unit in whose area the land is located of the intention to ensure regeneration of these areas, and the designated forest district, which prepares the work estimate and carries out artificial regeneration and plantation maintenance.

(7) To recover the claim under para. (6), the Forest Guard shall order one of the following courses of action:

a) performance of the work by the designated forest district and transfer of the claim to the holder with that person’s consent, whether they are a potential successor or a holder without title who ensures the economic management of the forest land;

b) initiation of the procedure concerning abandoned property under Law no. 287/2009, republished, as subsequently amended and supplemented, or vacant succession if the legal requirements are met in this case, and performance of regeneration work within 3 years of completion of the procedure;

c) initiation of the expropriation procedure for public utility and performance of regeneration work within 3 years of completion of the procedure, with the Authority acting as expropriator through Romsilva. The amounts needed for expropriation are provided from the state budget through the Authority’s budget.

Art. 77. (1) – Where, for reasons attributable to the owner, they fail to fulfil the obligation concerning regeneration work provided for in art. 23 para. (2) points d) and e) and para. (4) point c) of this law, the Forest Guard carries out the annual regeneration inspection and instructs the forest district to begin artificial regeneration and plantation maintenance on the basis of a cost estimate, with the cost of this work borne by the owner.

Art. 77. (6) For land where the regeneration obligation has not been fulfilled and the owner cannot be identified, or the owner has died and succession proceedings have not been settled, the Forest Guard carries out the annual regeneration inspection and instructs the forest district to begin artificial regeneration and plantation maintenance on the basis of a cost estimate. The Forest Guard notifies in writing the administrative-territorial unit in whose area the land is located of the intention to ensure regeneration of these areas, and the designated forest district, which shall prepare the work estimate.

Section 4. Forest protection

Art.78. Grazing within the FFN

(1) Grazing is prohibited within the FFN, in protective forest belts and in improvement areas for degraded land.

(2) By exception to para. (1), in emergencies, the Forest Guard may approve grazing within the FFN if the following conditions are cumulatively met:

a) it takes place for a limited period;

b) it is practised only in certain parts of the forest;

c) requests for approval come from local public authorities;

d) the consent of the owner and the forest district providing forestry services has been obtained.

(3) Grazing may not be approved in stands undergoing regeneration, in young plantations and regeneration, or in stands included in functional types I and II.

(4) For publicly state-owned forests, the consent provided for in para. (2) point d) is given by the administrator.

(5) The passage of domestic animals through land within the FFN to grazing, watering and shelter areas is approved by the forest district, with the forest fund owner’s consent, along demarcated routes and during specified periods. For publicly state-owned land, approval is issued by the heads of the structures provided for in art. 11 para. (1) point a).

(6) The passage of domestic animals through the forest is prohibited in stands undergoing regeneration, in young plantations and regeneration, in protected natural areas of national interest, in improvement areas and in protective forest belts.

(7) With the forest district’s approval, beehives may be placed free of charge on publicly state-owned land within the FFN during migratory beekeeping.

(8) The amount payable for the activities provided for in paras. (2) and (5) is established by agreement between the parties.

Art. 78. (3) Grazing may not be approved on areas classified in the land-use category “Forests and land intended for afforestation or reforestation”

Art. 78. (6) The passage of domestic animals is prohibited on areas classified in the land-use category “Forests and land intended for afforestation or reforestation”, in protected natural areas of national interest, in improvement areas and in protective forest belts;

Art. 79. Monitoring forest health

(1) Forest health monitoring is coordinated by the Authority.

(2) Forest districts carry out work to detect, forecast, prevent and combat forest disease and pest attacks in accordance with the technical rules on protecting forests against diseases and pests.

Art. 80. Forest protection measures

(1) The cost of forest protection work is borne, as applicable, by the owner, or by the administrator for publicly state-owned forests, from the conservation and regeneration fund or its own resources.

(2) Forest owners and holders must carry out the work needed to prevent and combat forest diseases and pests.

Art. 80. (2) Forest owners and holders must carry out the work needed to prevent and combat forest diseases and pests after first completing the procedures for assessing impacts on the environment, species and habitats.

Section 5. Limiting the effects of climate change

Art. 81. Strengthening forest resilience and increasing forests’ contribution to limiting the effects of climate change

The technical rules and good-practice guides provided for in art. 66 include specific measures to increase stands’ resistance and resilience to the effects of climate change.

Section 6. Biodiversity conservation

Art. 82. Tree Planting Month

(1) From 15 March to 15 April each year, the Authority organises “Tree Planting Month” to promote ways of limiting the effects of climate change.

(2) Tree Planting Month is organised with the participation of county councils, prefectures, town halls, territorial school inspectorates, religious institutions, military units and other public institutions.

(3) During the events provided for in para. (1), the Authority, through units subordinate to it, coordinated by it or under its authority, makes planting material and the necessary logistics available to those interested.

(4) During the period provided for in para. (1), the Authority, administrators of publicly state-owned forests and non-state forest districts must carry out public awareness and educational activities on the role and importance of forests, and practical activities to establish forest plantations and maintain and manage stands.

Art. 83. Forms and methods of conserving and improving biodiversity

(1) To conserve or, as applicable, improve forest biodiversity, its three forms shall be considered: genetic diversity, species diversity and ecosystem diversity.

(2) Forest biodiversity is conserved and improved through:

a) adopting measures specific to close-to-nature forestry;

b) adopting measures to create and/or maintain a mosaic forest landscape;

c) ensuring ecological connectivity, including through ecological corridors;

d) retaining standing and fallen deadwood within the necessary ecological limits;

e) retaining and protecting habitat trees;

f) establishing ageing islands as stands or parts of stands;

g) retaining as high a proportion as possible of forests naturally regenerated from seed;

h) retaining or, as applicable, creating forest vegetation corridors along watercourses;

i) maintaining a high level of diversity of wild flora and fauna species.

(3) Mandatory measures needed for biodiversity conservation are provided for in the technical rules specified in art. 66 para. (2).

(4) Voluntary measures are established in the good-practice guides provided for in art. 66 para. (3).

Art. 823. (2) + Forest biodiversity is also conserved and improved by identifying the most ecologically valuable forest ecosystems, including them in functional type TI and excluding them from any form of intervention;

Art. 84. Encouraging biodiversity conservation

(1) Owners of land within the FFN other than the state who apply mandatory measures needed to conserve and improve forest biodiversity under art. 83 para. (3) receive financial compensation from the state for the restrictions imposed, according to the methodology defined in art. 123 para. (2).

(2) Owners of land within the FFN other than the state who undertake environmental commitments under art. 83 para. (4), through which they apply biodiversity conservation measures, receive financial incentives according to the methodology defined in art. 123 para. (2).

Art.85. Monitoring biodiversity conservation and improvement

Achievement of forest management objectives and the conservation of biodiversity and its functions is monitored using scientifically based condition indicators regulated through technical forestry rules, in accordance with art. 66 para. (2).

Art.86. Forest ecosystems and other elements of high conservation value

(1) The following constitute forest ecosystems of high conservation value:

a) virgin and quasi-virgin forests included in the National Catalogue of Virgin and Quasi-virgin Forests;

b) scientific reserves;

c) stands in nature reserves with a strict protection regime;

d) stands declared natural monuments;

e) stands in strictly protected and fully protected zones of protected natural areas;

f) dwarf-pine stands within the FFN;

g) forests included in UNESCO heritage.

(2) The following have high conservation value: habitat trees, trees of exceptional value identified as such in various legislative acts, remarkable trees outside the FFN, trees in ageing islands, and natural marginal habitats of conservation value found on unproductive land within the FFN.

Art. 86. (1), c) and e) – Stands in nature reserves and old-growth stands in protected natural areas constitute forest ecosystems of high conservation value, as do:

1. old-growth forests with natural composition and structure that have exceeded the harvesting age and maintain an uneven-aged or relatively uneven-aged character, with low-intensity human interventions (stand density above 0.6)

2. other rare or endangered ecosystems (black pine, Turkish hazel, wild lilac, etc.), and priority habitats;

3. stands along watercourse banks and in wet and marshy areas;

4. stands growing on karst, scree and rocky terrain

Art. 86. (2) remarkable trees also have high conservation value, regardless of their location;

Art. 87. The National Catalogue of Strictly Protected Forest Ecosystems

(1) The National Catalogue of Strictly Protected Forest Ecosystems is established and updated by including stands identified on the basis of scientific criteria approved by the Authority.

(2) Existing ecosystems of high conservation value are designated with the owner’s consent and entered in the National Catalogue of Strictly Protected Ecosystems,

(3) Virgin and quasi-virgin forests are strictly protected and included in the “National Catalogue of Virgin and Quasi-virgin Forests”, an integral part of the National Catalogue of Strictly Protected Forest Ecosystems.

(4) Newly identified stands meeting the criteria for classification in one of the categories of high conservation value forest ecosystems provided for in art. 86 are classified in the corresponding category.

(5) Both at the owner’s request and on its own initiative, the state, through the administrator of the publicly owned forest fund, gives priority to purchasing forest fund land classified as ecosystems of high conservation value.

Art. 87. (1) + All forests included in the National Catalogue of Strictly Protected Forest Ecosystems shall be designated protected areas of national, European or international interest within 2 years of their addition, unless already designated at the time of inclusion.

Art. 87. (2) Existing ecosystems of high conservation value are designated and entered in the National Catalogue of Strictly Protected Ecosystems;

Art. 88. Rules for conserving biodiversity in regeneration

(1) Forest regeneration takes place predominantly naturally from seed, to conserve the genetic diversity of tree species.

(2) In artificial regeneration, conserving and improving forest biodiversity is the main means of increasing forest resilience and is ensured through:

a) using genetic resources included in the National Catalogue of Basic Material for producing forest reproductive material, which is revised;

b) giving priority to native species;

c) using provenances adapted to growing conditions.

Art. 89. Ensuring the conservation and improvement of forest biodiversity

(1) Forest biodiversity is conserved and improved in accordance with conservation objectives, uniformly at national level, on the basis of management measures approved through technical rules.

(2) Conservation objectives for forests situated in protected natural areas are established with priority given to maintaining or restoring the favourable conservation status of natural habitats. The forest management plan for these forests is a planning instrument for achieving the objectives of protected natural areas.

(3) In forest planning for forests situated in protected natural areas, the provisions of the management plans or, as applicable, the set of minimum conservation measures for the protected natural areas with which they overlap take priority over technical rules.

(4) Forest management plans for land within the FFN included in protected natural areas incorporate and implement the management measures from approved management plans, or minimum conservation measures where no approved management plans exist, and are harmonised through classification in specific functional categories and establishment of appropriate technical solutions.

(5) Forest management plans prepared for forests situated in protected natural areas form the basis for granting compensation, for restrictions imposed by the measures provided for in para. (4), associated with applying conservation measures from protected natural area management plans; compensation represents the value of products/services that owners do not harvest or benefit from, as applicable.

Art. 89 (2) and (4) The main purpose of the forest management plan for forests situated in protected natural areas is planning to achieve the objectives of those protected natural areas, and it shall incorporate the provisions of their management plan and the conservation measures provided for them.

Art. 90. Communities critically dependent on forests in protected natural areas

When preparing management plans for protected natural areas and establishing the measures they provide for, account is taken of ensuring access to traditional forest resources for communities critically dependent on forests, as defined in this law.

Art. 90

When preparing management plans for protected natural areas and establishing the measures they provide for, account shall be taken of ensuring access to traditional forest resources for communities critically dependent on forests, as defined in this law, so that local needs for wood and non-wood products are met.

Art. 91. Transfer of biodiversity conservation obligations

An owner intending to transfer ownership of land within the FFN classified as ecosystems of high conservation value or in protected natural areas must inform the acquirer of biodiversity conservation obligations at least 30 days before the transfer of ownership.

Section 7. Guarding the FFN

Art. 92. Rules for organising guarding

(1) The FFN is guarded under this law, with guarding intended to prevent, deter and combat acts harmful to the integrity of the FFN and its facilities, assets and products.

(2) Guarding and security measures for the FFN are established on the basis of a risk analysis prepared by FFN administration or forestry services structures and endorsed by the territorially competent Forest Guard and County Police Inspectorate.

(3) Heads of FFN administration or forestry services structures draw up their own regulations for organising guarding.

(4) The framework model for the regulations on organising guarding provided for in para. (3), and the criteria and procedures for conducting the risk analysis, are approved by Government decision.

(5) Guarding is provided by the administration structure’s own forestry personnel. In justified cases, on the basis of information arising from the risk analysis, the administration structure may also ensure guarding of the forest fund through specialised structures authorised under the specific regulations governing the guarding of assets.

(6) The FFN administration structure must ensure continuous guarding of the FFN for which it is responsible.

(7) Guarding may, as applicable, be organised jointly by several forest districts.

(8) The head of the FFN administration structure is liable for failure to fulfil the obligations provided for in para. (3).

(9) The provisions of Law no. 333/2003 on guarding facilities, assets and valuables and protecting persons, republished, as subsequently amended and supplemented, and of subsequent legislation do not apply to the development and implementation of guarding and security measures within the FFN.

(10) Police units, according to their duties under the law, provide specialist support for guarding the FFN.

Art. 92. (10) Police and gendarmerie units, according to their duties under the law, provide specialist support for guarding the FFN.

Art. 92. + (11) The Green Plan for Forest Protection, hereinafter the Green Plan, is established as a standby mechanism for inter-institutional cooperation to prevent, detect, sanction and refer to the justice system, as applicable, acts that breach forestry legislation.

(12) The Authority shall conclude cooperation protocols at central level with all state authorities competent to participate in activities carried out under the Green Plan

(13) The Green Plan shall be connected to SNUAU 112 and is activated by calling the single number or on the initiative of any institution that has signed the protocol.

(14) In protected natural areas with dedicated administration structures, the FFN shall be guarded by personnel of the administration structure, through rangers, supported by police and gendarmerie units

Art.96 – Use of modern surveillance tools and technologies

(1) To ensure the integrity of the FFN, prevent and combat illegal activities, ensure the traceability of timber harvested from the forest and administer evidence, forest fund administrators install video surveillance systems for which video images are stored for a minimum of 3 months. Video surveillance systems shall be located at points established on the basis of the risk analysis provided for in art. 92 para. (2).

(2) Forest fund administration structures using their own video surveillance systems must provide access to these systems and the stored information at the request of the Authority, the National Forest Guard, the Forest Guards, the Police and the Gendarmerie.

The Authority ensures the connection of monitoring systems installed by forest fund administration structures to the integrated forest information system.

(4) Processing of personal data by entities using information and data obtained from the video surveillance systems provided for in para. (1) takes place in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC, and the applicable national data protection legislation.

Art.93. General obligations of forestry personnel with guarding duties

(1) Forestry personnel with guarding duties have the following general obligations while on duty:

a) to know the vulnerable locations and points within the forest fund under their guard, to prevent acts likely to cause harm to the forest fund;

b) to guard the forest fund areas designated in the regulations on organising guarding;

c) to stop and establish the identity of persons where information or indications exist that they have committed acts that may constitute criminal offences, administrative forestry offences or other unlawful acts within the forest fund under their guard;

d) to notify the police immediately of acts likely to harm the forest fund under their guard, and provide assistance whenever requested by criminal investigation bodies or police bodies;

e) to carry the defence and protective equipment and firearms issued to them while on duty, and use firearms only in the cases and under the conditions of Law no. 295/2004 on the regime of weapons and ammunition, republished, as subsequently amended and supplemented.;

f) to perform other duties entrusted to them under the guarding regulations and plan;

g) to patrol to prevent fires in areas and periods of risk and, if a fire starts, alert the forest district and other institutions authorised for such situations and act immediately to contain and extinguish the fire.

h) to ensure measures to identify and preserve evidence when criminal offences are established, until personnel authorised to conduct inspections or criminal investigation bodies arrive.

(2) The regulations on organising guarding drawn up under art. 92 para. (3) must include at least the following obligations for forestry personnel with guarding duties:

a) to patrol and carry out activities to prevent and combat criminal and administrative offences that could affect the integrity of the FFN;

b) to establish non-compliance with legal provisions on timber harvesting and unauthorised felling;

c) to patrol to prevent fires in areas and periods of risk and, if a fire starts, alert the forest district and other institutions authorised to intervene in such situations;

d) to take measures to prevent and combat the dumping of any type of waste on land within the FFN;

e) to take measures to ensure the integrity of the FFN against illegal occupation or use of land, theft of timber or other forest products, destruction of buildings, installations, boundary markers and crops, damage to trees, seedlings and shoots, and any unlawful acts;

f) to inspect the movement of timber within the FFN under their guard to establish its origin and the legality of timber transport;

g) to establish the harm caused within the FFN under their guard and act to identify the perpetrators.

(3) Where specialised structures are also used to guard the FFN, the guarding regulations include their duties as well.

Art. 93. c) Forestry personnel with guarding duties may not stop citizens and establish their identity

Art. 93. + to request immediate activation of the Green Plan whenever they observe acts likely to harm the FFN

Art. 94. Liability of the FFN administration structure

(1) The administration structure providing guarding services is civilly liable where harm occurs on the forest land covered by the administration/guarding services contract.

(2) Administration/guarding services contracts shall contain clauses establishing the civil liability mentioned in para. (1).

(3) Where damage is found within the FFN owned by the state or administrative-territorial units, the land administrator/owner must join the court proceedings as a civil party to recover the damage.

(4) For unrecovered values of forest functions not fulfilled, established on land within the FFN, the territorially competent Forest Guard joins the court proceedings as a civil party to recover the value of the unfulfilled functions.

Art. 94. Forestry personnel with guarding duties may not act as a body competent to establish offences, may not inspect timber movement and may not conduct investigations to identify perpetrators of unlawful acts;

Art. 95. Liability of personnel with guarding duties

(1) Forestry personnel with FFN guarding duties bear financial liability under Law no. 53/2003 – the Labour Code, republished, as subsequently amended and supplemented, for damage to the FFN under their guard caused by third parties or their own acts if they fail to submit a written report to the forest district immediately upon discovering the damage.

(2) The head of the forest district must notify the territorially competent police units or prosecution offices immediately upon receiving the written report mentioned in para. (1).

(3) Actions for financial liability brought against forestry personnel with FFN guarding duties for damage to the FFN under their guard, under this law, fall within the subject-matter jurisdiction of labour dispute courts.

(4) Damage giving rise to financial liability is established and assessed by forestry personnel authorised to conduct inspections, through their job description or delegation, as applicable, on the basis of a record.

(5) The value of damage established and assessed under para. (4) is collected by the forest district ensuring administration/forestry services and allocated as provided for in this law.

(6) For land within the FFN taken into guarding responsibility by the forest district on the basis of the findings records mentioned in art. 31 para. (3), for which no administration or minimum forestry services contracts have been concluded, amounts collected as compensation which, under this law, should be granted to the owner of the forest where the damage occurred become revenue of the fund for improving land designated for forestry, and are used, on request, by the forest district ensuring administration/forestry services.

(7) The amounts provided for in paras. (5) and (6) that, under this law, are due to forest fund owners/holders under any title are transferred by the forest district within a maximum of 30 days of collection.

Art. 96. Use of modern surveillance tools and technologies

(3) The Authority ensures the connection of monitoring systems installed by forest fund administration structures to the integrated forest information system.

(4) Processing of personal data by entities using information and data obtained from the video surveillance systems provided for in para. (1) takes place in compliance with Regulation (EU) 679/2016 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46 EC, and the applicable national data protection legislation.

Art. 96. (1) Forestry personnel with FFN guarding duties bear financial liability under the Labour Code for damage to the FFN under their guard if they fail to request activation of the Green Plan immediately upon discovering it

Art. 96. (2) The head of the forest district must immediately inform all Green Plan partner structures of the receipt of internal reports or petitions concerning breaches of forestry legislation and the conduct of forestry personnel.

Section 8. Fire prevention and firefighting

Art. 97. Obligations concerning fire prevention and firefighting

(1) Owners of land within the FFN, protective forest belts and degraded land outside the FFN on which afforestation work has been carried out, and forest districts providing forestry services or administration for them, must apply and comply with the specific fire prevention and protection rules approved by order of the head of the Authority.

(2) A natural person who observes a forest fire must take all steps to inform the authorities, including calling the single emergency number 112, and take measures within their capabilities to contain and extinguish the fire.

Art. 97. (1) The storage period for recordings made by video surveillance systems within the FFN is a minimum of 6 months;

Art. 97. (2) Forest fund administration structures using their own video monitoring systems must provide permanent live access to data and access to stored information to all authorities included in the Green Plan.

Section 9. Forest products

Art. 98. Forest products

(1) For the purposes of this law, products specific to the FFN are wood, wood products treated as wood, and non-wood products.

(2) Wood consists of:

a) main products resulting from forest regeneration fellings;

b) secondary products resulting from stand tending and management fellings;

c) salvage products resulting from destabilising biotic and abiotic factors;

d) extraordinary products;

(3) Wood products treated as wood are ornamental trees and shrubs, Christmas trees, willow, seedlings and various wood products.

(4) For the purposes of this law, non-wood products specific to the FFN consist of:

a) forest fruits;

b) forest seeds;

c) truffles and other edible mushrooms from the wild flora within it;

d) medicinal and aromatic plants within it;

e) resin;

f) other products.

(5) Non-wood products are harvested with the administrator’s consent for publicly owned FFN, or the owner’s consent in other cases.

Art. 99. Supporting communities dependent on forest products

(1) Local forest-dependent communities are traditional local communities that depend heavily on forest resources for subsistence, preserving their cultural identity or improving their economic and social situation, cumulatively meeting the following criteria:

a) dependence on forest resources;

b) feasibility of obtaining forest resources from other areas;

c) traditional activities involving forest work or woodworking;

d) resource harvesting does not contribute to forest degradation.

(2) The designation indicators and procedures for identifying the forest-dependent communities defined in para. (1) and the forest land on which they depend are established through a Methodology approved by Government decision.

(3) Assigning the right to harvest non-wood products from publicly owned forests that provide basic forest resources for local forest-dependent communities is prohibited. Owners/administrators of publicly owned FFN must grant forest-dependent communities free access to the forest’s non-wood products provided for in art. 98 para. (4) points c)–f) for their own consumption, respecting the legal harvesting conditions.

(4) The sale of timber from publicly owned FFN on which local forest-dependent communities depend, and procurement of services by administrators of publicly owned FFN belonging to the state or the administrative-territorial units concerned, must contribute to the socio-economic development of the local communities defined in para. (1).

(5) The beneficiaries provided for in art. 2 para. (1) of Law no. 33/1996 on restoring certain economic rights to inhabitants of the Apuseni Mountains, republished, are considered local forest-dependent communities and benefit from the rights granted to those communities.

Art. 99. The potential for non-wood products is regulated through the forest management plan.

Section 10. Timber harvesting

Art. 100. Certification of economic operators carrying out timber harvesting

(1) Timber harvesting includes all technological stages/processes applied to obtain raw wood assortments.

(2) Timber harvesting is carried out by certified legal persons.

(3) Legal persons are certified for timber harvesting by the Certification Commission operating within the nationally recognised employers’ and professional forestry association. The Certification Commission operates on the basis of the Regulations approving certification/recertification criteria and procedures and the organisation, operation and membership of the commission certifying economic operators for timber harvesting, approved by order of the head of the Authority.

(4) The certification/recertification criteria are:

a) employment of specialist personnel, namely graduates of long-cycle higher education holding a bachelor’s degree, supplemented where applicable by a master’s/doctorate in forestry engineering sciences, or graduates holding a diploma from short-cycle technical higher education with forestry qualifications, if their specialist forestry training is certified by proof of graduation from an educational programme recognised in Romania;

b) possession of machinery specific to forest harvesting work, namely an articulated tractor, a tractor, including an articulated one, with a hydraulic arm and grapple, a tractor, including an articulated one, with a hydraulic arm and an additional grapple for securing the load, a tractor, including an articulated one, with a semi-trailer and a hydraulic arm with grapple, a mobile cable system, a general-purpose tractor, including a tracked one, equipped for forest harvesting, a general-purpose tractor, including a tracked one, equipped for forest harvesting with a blade and winch, multifunctional machinery and a team of two draught animals.

(5) By exception to para. (2), timber harvesting may also be carried out without certification in the following cases:

a) by forest fund owners who are legal or natural persons and may harvest from their property a volume of up to 20 m³/year/forest land owned, and by natural persons who are members of the associative forms provided for in art. 8 para. (1).

b) when harvesting timber from cleaning-felling sites;

c) during emergency intervention in disasters in the main channels of rivers or on hydraulic structures, to prevent flooding, and during emergency intervention to unblock transport infrastructure;

d) by the National Land Improvement Agency, to ensure water taken through drainage systems and discharged into receiving waters through open channels in the embankment-bank zone, or to ensure water delivery from the main pumping station through constructed open channels;

e) when carrying out maintenance and repair work on land equipped with land improvement works, namely irrigation, drainage or soil erosion control installations, as applicable, including their associated protection zones.

f) to prevent deterioration of road and railway infrastructure elements and ensure road and railway traffic.

Art. 101. Impact of timber harvesting on forest ecosystems

(1) The organisation and conduct of timber harvesting seek to reduce its impact on the forest ecosystem, expressed in terms of duration and intensity.

(2) Instructions approving the criteria specific to the impact of timber harvesting in protected natural areas, and the deadlines, methods and periods for collecting, extracting and transporting timber, are approved by order of the head of the Authority.

(3) The criteria specific to the impact of timber harvesting in protected natural areas are:

a) for assessment of stands within the FFN and forest vegetation outside it situated in protected natural areas, at production unit level, needed to maintain/improve the conservation status of species/habitats and the other natural/natural heritage elements present in the stands for which the protected natural area was designated;

b) for conducting forest harvesting in protected natural areas, to be included in the forest harvesting authorisation, to maintain/improve the conservation status of species/habitats and the other natural/natural heritage elements present in the stands for which the protected natural area was designated;

Art. 102. Harvesting authorisation

(1) Timber harvesting is carried out on the basis of a harvesting authorisation/inventory record registered in the integrated information system and issued, as applicable, by the forest district ensuring administration or forestry services, or by the forestry personnel provided for in art. 35.

(2) In protected natural areas, harvesting authorisations/the inventory record must include the specific environmental conditions for conducting forest harvesting and measures for monitoring it.

(3) The harvesting authorisation/inventory record is issued under the Instructions on deadlines, methods and periods for collecting, extracting and transporting timber, approved by order of the head of the Authority.

(4) The harvesting authorisation holder is prohibited from beginning timber harvesting before handover of the felling site.

(5) Felling or extracting by any means trees not designated for extraction under the harvesting authorisation/inventory record is prohibited.

(6) Holders of harvesting authorisations/the inventory record are directly liable for harm caused within the timber harvesting worksite.

Art. 103. Tree marking

(1) Trees designated for felling are inventoried and, depending on the nature of the felling, marked where applicable with special marking devices, in accordance with the regulations provided for in para. (4). Special marking devices are not used for stand tending and management work in stands up to 30 years old;

(2) Special marking devices are also used by personnel with inspection duties to mark the stumps of illegally felled trees.

(3) Special marking devices are subject to the legal regime governing marks and seals.

(4) The form and use of special marking devices and the method for marking trees or groups of trees are established through regulations approved by order of the head of the Authority.

(5) Special marking devices may be used only by authorised personnel.

(6) Personnel authorised to use a special marking device must not use it for purposes or at locations other than those provided for in the issued marking assignment, or after the deadline specified in that assignment.

(7) Other marking systems may also be used to mark trees on the basis of the regulations provided for in para. (4).

(8) The regulations provided for in para. (4) may also establish methods for harvesting trees without special marking devices in pilot areas.

Art. 103. (1) Timber harvesting is carried out on the basis of a harvesting authorisation registered in the integrated information system and issued by the Authority through its regulatory service.

Art. 103. (6) Harvesting authorisation holders are directly liable for harm caused within the timber harvesting worksite, along timber removal routes and at the primary landing;

Art. 104. Normal risk and harm associated with timber harvesting

(1) The volume of trees damaged or destroyed through the timber harvesting process may not exceed the equivalent of 3% of the volume authorised for harvesting.

(2) Damage to or destruction of trees below the volume provided for in para. (1) constitutes a normal timber harvesting risk, does not constitute damage to the forest and is not subject to administrative or criminal sanctions, as applicable.

(3) If trees affected during harvesting exceed the limit established in para. (1) in volume, they constitute damage to the forest.

(4) Risks of harm caused by timber harvesting to soil, forest roads, engineering structures and watercourse banks, destruction of or damage to viable seedling regeneration and trees not designated for harvesting, beyond the limits permitted by the instructions provided for in art. 101 para. (2), are covered through risk insurance with authorised insurers or a security deposit paid by the person contracting the timber harvesting, amounting to 5% of the contract value, into the owner’s/administrator’s account before the harvesting authorisation is issued.

(5) The harvesting authorisation holder must notify the forest district of harm arising from the normal risks of harvesting activities to trees not designated for extraction within 5 days of its occurrence; otherwise, the harvesting authorisation holder bears administrative or criminal liability, as applicable.

Art. 104. + The Authority shall take steps to test and adopt modern digital tree-marking technology within no more than 3 years.

Current devices shall be phased out simultaneously with implementation of the new technology

Arti.105. Primary landings and access to felling sites

(1) For timber harvesting, collection routes, primary landings and facilities needed for timber harvesting work are used or established within timber harvesting worksites, in accordance with the Instructions on deadlines, methods and periods for collecting and transporting timber, approved by order of the head of the Authority.

(2) Timber collection across land belonging to other owners requires payment for the right of way and, where applicable, compensation established by agreement between the parties or by a court.

(3) The framework content of the specifications for auctions/negotiations organised to sell timber from public property includes information on ensuring access to the timber offered for sale, specifying the party responsible for taking the necessary steps to obtain that right.

Art. 105. (1) The volume of trees damaged or destroyed through the timber harvesting process may not exceed the equivalent of 1% of the volume authorised for harvesting.

Art. 105. (4) The security deposit covering risks caused by forest harvesting amounts to at least 10% of the contract value;

Art. 105. (5) The forest district must be notified within 24 hours of harm arising from the normal risks of harvesting activities to trees not designated for extraction;

Section 11. Origin and movement of wood

Art.106. Origin of wood

(1) The origin of wood, understood as the geographically located portion of land, is certified on the basis of legally approved documents entered in the integrated information system.

(2) The operator’s and traders’ obligations concerning the origin of wood and timber traceability are regulated through the decision provided for in art. 20 para. (1).

Art. 107. Transport of timber

(1) Wood/Timber is transported only with a timber transport document registered in the integrated forest information system, demonstrating its legal origin. The timber transport document is a document subject to a special regime.

(2) Transporting timber by any means without the documents provided for in para. (1), or where those documents do not demonstrate its legal origin, is prohibited.

(3) Receiving, storing, processing and marketing timber without the timber transport document provided for in para. (1), or where it does not demonstrate legal origin, is prohibited.

Section 12. Placing wood on the market

Art. 108. Placing wood on the market

(1) Harvesting wood and placing it on the market take place under this law .

(2) Wood is placed on the market at the primary landing, defined as the geographically located place reported in the integrated forest information system where timber harvesting ends and compliance with the necessary conditions provided for in the rules specified in art. 20 para. (1) is ensured.

(3) Wood/timber is measured when loaded for transport, according to the decision provided for in art. 20 para. (1).

(4) Timber is assessed quantitatively through the methods included in the rules provided for in art. 20 para. (1), and other methods using modern technologies approved by the Authority.

Art. 109. Rules for timber sales

(1) Timber from publicly owned land within the FFN is sold in accordance with the sales regulations approved by Government decision, taking account of the following objectives:

a) higher-value use of timber;

b) supporting rural development through local timber processing;

c) giving priority to allocating timber resources from publicly owned forests needed for home heating;

d) ensuring competitive conditions on the timber market;

e) transparency in the marketing of wood and timber;

f) minimising the impact of timber harvesting according to the criteria provided for in art. 102;

g) creating a framework for development and stability in the harvesting sector through multiannual framework contracts for harvesting services.

h) giving priority to supplying furniture industry manufacturers with timber from publicly state-owned forests as felled and processed timber, on the basis of estimated annual needs. They have a right of pre-emption in purchasing timber at the offered price and on equal sales terms.

(2) Certified furniture industry manufacturers may conclude multiannual framework contracts for a maximum of 5 years, under a procedure regulated by the Sales Regulations provided for in para. (1), with administrators of the publicly state-owned forest fund, for veneer log and sawlog assortments of sessile oak, oak, cherry and maple.

(3) From the date this law enters into force, at least 50% of timber harvested from the publicly owned forest fund is sold as felled and processed timber.

(4) From 1 January 2030, at least 70% of timber harvested from the publicly owned forest fund is sold as felled and processed timber.

(5) Administrators of the publicly state-owned forest fund provided for in art. 32 paras. (1) and (6), or owners/administrators of the forest fund publicly owned by the administrative-territorial unit, must take measures to comply with paras. (3) and (4).

Art.110. Limiting the volume of timber purchased

An economic undertaking/group of linked economic undertakings may not purchase/process more than 30% of the volume of an assortment of timber from each species, established as the average of the preceding 3 years on the basis of timber assessment records authorised for harvesting and harvested nationally, regardless of the form of ownership.

Art. 110. + Sales of wood and non-wood products specific to the FFN shall fall exclusively within the remit of a commercial structure independent of the Authority, which shall make the Forest Products Exchange operational.

Its establishment and the Regulations on operation and sales shall be approved by Government Decision.

Art. 111. Higher-value use of timber

(1) For the purposes of this law, higher-value use of timber means using timber in durable products suitable for cascading use of wood and with high socio-economic and environmental value.

(2) Through public procurement policies and economic instruments, the state encourages the use of timber in construction, at least for buildings and infrastructure belonging to the public domain.

(3) Through public policies and economic instruments, the state encourages efficient use of wood resources for energy.

Section 13. Accessibility of the FFN

Art. 112. Improving access to the FFN

(1) Increasing the accessibility of land within the FFN, an integral part of the National Forest Strategy, is a basic condition for sustainable forest management, respecting approved management plans in protected natural areas.

(2) Forest motor roads are operational transport routes for private use, used for forest management, hunting and recreational fishing activities, intervention in breakdowns, calamities or disasters, and owners’ access to their own land; they are closed to public traffic.

(3) Access conditions are displayed on specific signs at the entrance to the forest road.

(4) Access to the FFN is improved, alongside other funding sources, through the establishment and use of the Forest Accessibility Fund.

(5) The Forest Accessibility Fund is formed from the following sources:

a) between 5–20% of the value of timber sold and paid for, originating from main and category I salvage products, calculated at the average price of one cubic metre of standing timber;

b) the amount due to the administrator of the publicly state-owned forest fund, established under art. 46 para. (1) point b).

(6) The percentage provided for in para. (5) point a) is approved by the forest fund administrator/owner.

(7) By derogation from art. 6 of Law no. 56/2010 on improving access to the national forest fund, republished, the forest accessibility fund is also used to develop timber storage infrastructure needed for higher-value use of timber, namely for:

a) designing and carrying out timber storage site construction works, including modernisation of existing storage sites, and equipping them with capital goods;

b) purchasing land by administrators of the publicly state-owned FFN, on behalf of the state, to establish new timber storage sites; the purchased land is included in the FFN.

c) purchasing machinery for constructing and maintaining forest roads;

d) maintenance work on existing forest roads.

Art. 112. (5) a) The percentage for forming the accessibility fund from the value of timber sold and paid for is 5%;

Art. 113. Design and construction of forest roads

(1) Forest roads are designed and constructed on principles that respect their integration into the landscape and do not affect water, soil and habitat quality.

(2) Forest roads are designed by natural or legal persons certified on the basis of a Methodology.

(3) The Methodology, certification criteria and certification commission are established by order of the head of the Authority, in consultation with the relevant professional associations.

(4) Forest roads are constructed only after approval of the change in forestry land-use category under art. 47.

(5) Feasibility studies for developing the forest road network are carried out in coordination with those for torrent control works.

Art. 114. Maintenance and use of forest roads

(1) Forest road maintenance and repair are the owner’s responsibility, or the administrator’s for forest roads within the state-owned forest fund, respecting the standards approved by order of the head of the Authority.

(2) Holders of forest roads not owned by the state may adopt their own regulations for use and transport on those forest roads, respecting arts. 58 and 59.

Art. 114. (2) Holders of forest roads not owned by the state may adopt their own regulations for use and transport on those forest roads without affecting recreational access or neighbouring properties.

Art. 114. + Temporary harvesting roads (collection or timber extraction routes) shall be planned when preparing the forest management plan and included in it. An appropriate assessment shall also be carried out for constructing these temporary roads.

Art. 115. Torrent control works

Torrent control works within the FFN are of national interest and public utility.

Title IV. Development of the FFN and forest vegetation outside the FFN

Art. 116. The National Afforestation Programme

(1) Developing the FFN and expanding forest areas are an obligation of the state and a national priority to ensure ecological balance at local, national and global level, and are carried out through the National Afforestation Programme.

(2) The National Afforestation Programme provided for in para. (1) is approved by Government decision on the Authority’s proposal.

(3) The National Afforestation Programme provided for in para. (1) is implemented through afforestation of land outside the FFN to improve environmental conditions and optimise the landscape, ensure and increase agricultural yields, prevent and combat soil erosion, and protect communication routes, embankments and banks, localities, and economic, social and strategic facilities.

(4) On behalf of the Romanian state, Romsilva may purchase land so that the area of the publicly state-owned forest fund increases.

(5) Funding for the activities provided for in paras. (3) and (4) comes from the fund for improving land designated for forestry, the forest conservation and regeneration fund, European funds, state budget funds and Romsilva’s own funds.

Art. 117. Protective forest belts

(1) The Authority ensures the continuous development of the National System of Protective Forest Belts, which includes existing protective forest belts and those established with public funds.

(2) Establishing the National System of Protective Forest Belts is an objective of public utility.

(3) Work to establish protective forest belts is carried out on the basis of the technical and economic studies provided for in art. 7 para. (3) of Law no. 289/2002, republished, as subsequently amended and supplemented, and respecting the requirements provided for in art. 7 paras. (4) and (6)–(8) of the same law, without needing other endorsements/approvals/authorisations/consents.

Art.118. Afforestation of land designated for agriculture

Plantations of forest species and protective forest belts on land designated for agriculture may be established using any woody forest species adapted to local conditions that reach at least 5 m at maturity, including forest shrubs.

Art.119. Afforestation of degraded land

(1) Afforestation of degraded agricultural land is of public utility and national interest.

(2) Privately owned degraded agricultural land to be improved through afforestation shall constitute agricultural land used for agroforestry. The owner of privately owned degraded land may opt for its inclusion in the FFN, in which case the land-use category changes.

Title V. Support schemes

Chapter I. Supporting the provision of ecosystem services

Art.120. Funding systems for ecosystem services

(1) Creating conditions for providing ecosystem services above the level of minimum ecosystem services as defined in art. 24 is supported through funding systems.

(2) The compensatory payment system is intended for forest owners to compensate for disadvantages beyond those arising from ensuring minimum ecosystem services, created by mandatory restrictions resulting from public authorities’ undertaking to implement a biodiversity conservation/ecosystem services regime.

(3) The subsidy system is a funding system to encourage forest owners to achieve objectives beyond ensuring minimum ecosystem services, or to encourage the achievement of minimum services on small properties.

(4) The regulated payment system for ecosystem services operates by contributing to the Environmental Fund through a system of charges on direct beneficiaries of ecosystem services specifically provided by certain forest areas. These funds are earmarked for payment for the protective functions identified through forest management plans under art. 121.

(5) The system for trading ecosystem services provided to direct beneficiaries through supply contracts is based on a market relationship between two private entities, one undertaking to provide ecosystem services and the other to pay for them.

Art.121. Regulation of forestry production to fund ecosystem services

For areas included in forest management plans, the minimum level of forestry production regulation is established according to functional group II requirements, in accordance with the technical forest planning rules.

Art. 122. Support for forest owners

(1) The state supports forest management through financial incentives and compensation for owners of land within the FFN, respecting state aid rules.

(2) The methodology concerning funding schemes and their implementation and oversight is approved by Government decision on the Authority’s proposal.

Chapter II. Special funds

Art. 123. The forest conservation and regeneration fund

(1) Administrators of state-owned land within the FFN and other owners of land within the FFN must establish an interest-bearing forest conservation and regeneration fund that is non-taxable, tax-deductible and subject to the tax reserve regime. The fund is at the disposal of and in the account of the administrator or forestry services provider.

(2) The forest conservation and regeneration fund provided for in para. (1) is formed from the following sources:

a) the value of land permanently removed from the publicly state-owned FFN where no compensatory land is offered;

b) the value of the loss of growth caused by harvesting timber before harvesting age on land permanently removed from or temporarily occupied within the publicly state-owned FFN;

c) 30% of rent for temporary occupation of land within the publicly state-owned FFN;

d) the value of compensation for damage to the publicly owned FFN;

e) 100% of compensation for damage to the privately owned FFN;

f) 10–25% of the value of timber sold, originating from main and category I salvage products, for publicly state-owned land; the annual percentage for main products is established by Romsilva, INCDS or RAPPS through its own forest district, respectively;

g) 10–25% of the value of timber authorised for harvesting, originating from main and category I salvage products, calculated at the average price of one cubic metre of timber, for other forms of ownership; the annual percentage for main products is established by forest districts in agreement with the owner;

h) amounts representing the costs of establishing/re-establishing forest vegetation on land subject to compensation/temporary occupation, and the costs needed until stand closure on land within the FFN;

i) amounts representing the value of effects generated by forests’ protective, ecological and social functions;

j) amounts arising in the situation described in art. 22 para. (3);

k) state budget allocations.

(3) The forest conservation and regeneration fund provided for in para. (1) is used for:

a) regenerating areas subjected to felling;

b) afforesting bare land recorded in the forest management plan or land taken over for afforestation;

c) re-establishing forest on land temporarily occupied within the FFN;

d) assistance and tending work for natural and artificial regeneration, and tending existing young plantations;

e) work on forest genetic resources entered in the National Catalogue of Basic Material;

f) covering expenditure on restoring forests affected by calamities;

g) release cutting, cleaning and artificial pruning work;

h) purchasing land designated for agriculture or forestry;

i) managing forests with special protective functions where the timber production process is not regulated;

j) forest protection studies and work;

k) fencing land with natural regeneration and plantations;

l) reimbursing the costs of seedlings produced in own nurseries or purchased, used for afforestation or reforestation on land within the FFN covered by technical forestry services contracts;

m) paying administration/guarding services from the balance remaining at year end.

n) establishing new nurseries.

o) ensuring irrigation of plantations and nurseries.

(4) The forest conservation and regeneration fund is formed for the resources provided for in para. (2) points f) and g) on the date they are sold. Contributions to the forest conservation and regeneration fund are made when payment obligations arising from the funding sources provided for in para. (2) become due.

(5) Forest conservation and regeneration fund records are kept by owner/holder.

(6) Amounts remaining available in this fund at the end of the calendar year are carried forward to the following year for the same purposes, except those provided for in para. (2) point k).

(7) For privately owned land within the FFN and land publicly owned by administrative-territorial units, after annual expenditure from the forest conservation and regeneration fund for the purposes provided for in para. (3) points a)–d) and n) is covered, the remaining available amounts are returned to the owner on request.

(8) Work scheduled for funding from the forest conservation and regeneration fund may also be carried out using own resources.

Chapter III. State budget allocations

Art.124. Types of state budget allocations

(1) To sustainably manage privately owned land within the FFN provided for in art. 7 para. (1) point e) and land publicly and privately owned by administrative-territorial units provided for in art. 7 para. (1) points c) and d), the state allocates amounts through the Authority’s budget for:

a) fully covering from the state budget the cost of guarding and minimum services for land within the FFN of up to 30 ha owned or held by natural or legal persons, whether or not they belong to an association, who have minimum forestry services contracts/findings records with designated forest districts; payment is made to the designated forest district on the basis of its cost estimate for the areas covered by minimum forestry services contracts/findings records;

b) the estimate provided for in point a) is calculated as the product of the area provided for in minimum forestry services contracts/findings records and the average costs/ha for the areas corresponding to the landforms, according to Annex no. 2;

c) granting compensation for the value of products owners do not harvest because of protective functions established through forest management plans that impose timber harvesting restrictions;

d) covering the difference between the amounts needed to fully fund the work provided for in art. 123 para. (3) points a)–d) and the amounts calculated at the maximum level in the forest conservation and regeneration fund;

e) the cost of disease and pest control work provided for in art. 80, only for the forest fund privately owned by natural and legal persons where the forest property’s area is less than or equal to 30 ha, whether or not it belongs to an association;

f) restoring forests where amounts accumulated at the maximum level in the forest conservation and regeneration fund are insufficient, and forest transport routes affected by natural calamities or fires with an unknown perpetrator;

g) supporting the establishment and development of forest owners’ associations;

h) making forest education materials on forest protection and conservation available to forest owners.

(2) Restricting ownership rights over land within the FFN beyond the level of regulation defined in art. 121 is permitted only with compensation, except where ownership rights are restricted on the owner’s initiative and by their express will.

(3) For sustainable management of the publicly state-owned forest fund, amounts are allocated to its administrator through the Authority’s budget for constructing/rehabilitating/restoring forest transport routes and constructing/maintaining/restoring/repairing torrent control works.

(4) The methodological rules for granting, using and overseeing the amounts provided for in para. (1) point c) are approved by Government Decision on the Authority’s proposal.

(5) The conditions for granting the amounts provided for in para. (1) points d)–g) are approved by Government Decision.

(6) Any support measure/facility provided for in this article that constitutes state aid is granted in compliance with European and national state aid provisions.

Art. 124. (1) i) The conservation and regeneration fund may not be used to manage forests with special protective functions where the timber production process is not regulated.

Art. 125. Other state aid in forestry

(1) To sustainably manage privately owned land within the FFN and land publicly owned by administrative-territorial units, the state grants forestry state aid in accordance with EU Regulations and national regulations, respecting European and national state aid provisions.

(2) The Authority ensures the preparation of sectoral regulations and management of the funds needed to grant the state aid provided for in para. (1), through its own budget or the budget of the public authority managing the Environmental Fund, established under Government Emergency Ordinance no. 196/2005 on the Environmental Fund, approved with amendments and supplements by Law no. 105/2006, as subsequently amended and supplemented.

(3) The institutions responsible for implementing the state aid provided for in para. (1) are the Environmental Fund Administration and the Authority, respectively.

(4) The beneficiaries of the state aid provided for in para. (1) are owners of privately owned land within the FFN and land publicly owned by administrative-territorial units.

(5) The state aid provided for in para. (1) is granted for:

a) the costs of establishing forest vegetation and maintaining it until stand closure on contiguous forest fund areas of at least 0.5 ha affected by biotic and/or abiotic factors; costs are approved on the basis of a cost estimate by the territorially competent Forest Guard;

b) the value of lost growth, granted annually for 10 years for the areas provided for in point a); compensation is granted from 1 January of the year following that in which the damage occurred;

c) the value of costs generated by harvesting salvage products.

(6) For state-owned land within the FFN, the costs of establishing forest vegetation and maintaining it until stand closure on contiguous forest fund areas of at least 0.5 ha affected by biotic and/or abiotic factors, namely extensive windthrow and wind and snow breakage, mass dieback and fires, are borne by the Government’s reserve fund.

Art. 126. Funding beneficiaries

The amounts provided for in art. 124 para. (1) points a), d)–f) are made available to the forest district ensuring administration/forestry services, as applicable, while those provided for in art. 124 para. (1) points c), g) and h) and para. (3) are made available to owners.

Art. 127. Funding monitoring tools

The monitoring tools provided for in arts. 18 and 19 are funded annually from the state budget through the Authority’s budget.

Art. 128. Funding forest education, public information projects and applied research

Public information and education programmes and projects and applied scientific research in forestry are funded through the Fund for Improving Land Designated for Forestry, respecting European and national state aid provisions.

Art. 129. Compensation for forest belts

Legal persons holding concessions over publicly state-owned land with a designation other than forestry, on which protective forest belts are established, are exempt from the concession fee for the area occupied by the forest belts, respecting European and national state aid provisions.

Title VI. Oversight of the application of and compliance with the forest regime

Art. 130. Specialised state oversight and the inspection duties of authorised forestry personnel

(1) Specialised oversight is carried out by the Authority, the National Forest Guard, the Forest Guards and personnel within forest districts/forest fund administration structures authorised for this purpose by the Authority through the National Forest Guard or Forest Guards.

(2) In performing official duties and establishing administrative offences and acts constituting forestry criminal offences, forestry personnel with inspection duties are vested with the exercise of state authority within the limits of their legally established powers.

(3) Where acts that may constitute forestry criminal offences are established, personnel authorised to conduct inspections within the Authority, National Forest Guard and Forest Guards, and authorised personnel within forest districts/forest fund administration structures, have the following obligations:

a) to check identity documents and establish the identity of persons breaching forestry legislation;

b) to ensure suspension of ongoing silvicultural work so that traces arising from the acts, material objects associated with the offences and any other evidence do not disappear, and ensure measures to seize or preserve material evidence; these provisions are supplemented accordingly by art. 61 of Law no. 135/2010 on the Code of Criminal Procedure, as subsequently amended and supplemented;

c) to notify the competent police or prosecution office immediately upon establishing an act defined as a forestry criminal offence, under art. 291 para. (1) of Law no. 135/2010, as subsequently amended and supplemented;

d) to draw up the findings record for acts covered by criminal law committed on land within the FFN, in accordance with their legal powers.

(4) Personnel authorised to conduct inspections within the Authority, National Forest Guard and Forest Guards, and authorised personnel within forest districts/forest fund administration structures, have the following duties concerning the establishment and sanctioning of administrative forestry offences:

a) to check identity documents and establish the identity of persons breaching forestry legislation;

b) to draw up the findings record for administrative offences committed on land within the FFN, in accordance with their legal powers;

c) to confiscate or retain, as applicable, all assets intended for, used in or produced through the commission of the administrative offence, under Law no. 171/2010 on establishing and sanctioning administrative forestry offences, as subsequently amended and supplemented;

d) to establish damage caused by administrative offences and act to identify their perpetrators;

e) to stop motor vehicles on forest roads to inspect the movement of timber.

(5) Personnel with FFN guarding duties may also have inspection duties under para. (1).

Art. 131. Organisation and performance of inspection duties through the Authority’s structures

(1) The Authority organises and carries out specialised state oversight through its own personnel authorised to conduct inspections and personnel authorised to conduct inspections within the National Forest Guard and Forest Guards:

a) oversight of the application of and compliance with the forest regime;

b) oversight of how specific rules are applied and respected in forest vegetation outside the forest fund;

c) oversight of timber origin, movement and traceability;

d) oversight of the legality of harvesting non-wood products from the FFN.

(2) In performing official duties concerning specialised state oversight, and establishing administrative offences and acts constituting forestry criminal offences, authorised forestry personnel are vested with the exercise of state authority within the limits of their legally established powers.

Art. 131. (1) Specialised state oversight is carried out by the Authority, the National Forest Guard and the territorial Forest Guards.

Art. 131. (3) Activation of the Green Plan falls within the duties of personnel authorised to conduct inspections within the Authority, National Forest Guard and territorial Forest Guards.

Art. 132. Rules for conducting inspections

(1) Specialised oversight exercised by the Authority must be:

a) effective, addressing real and relevant issues on a risk-based approach;

b) transparent, organised according to explicit rules;

c) adaptable to needs.

(2) The Authority integrates information from the monitoring systems at its disposal and establishes lines of action for national thematic inspection programmes, which it communicates to the National Forest Guard and subordinate structures.

(3) Inspections must include a prevention and information component, with reference to a plan of measures, where a breach of forestry legislation is established for the first time at the inspected entity under Prevention Law no. 270/2017*.*

(4) Inspections also examine compliance in how administration or the provision of forestry services fulfils the obligations to maintain and/or improve, as applicable, forest condition indicators provided for in technical and legal rules.

(5) Civil actions concerning damage or harm to the FFN, initiated by the Ministry of Finance, the Authority, the National Forest Guard, the Forest Guards or administrators of the publicly state-owned forest fund, are exempt from court stamp duties.

Art. 132. (1) Personnel authorised to conduct inspections within the National Forest Guard and territorial Forest Guards carry out comprehensive inspections at least twice a year for each forest beat, annual regeneration inspections and checks of all records assessing the volume of timber intended for sale.

Art. 133. Inspections carried out by personnel authorised to conduct inspections within administration and forestry services structures

(1) The forest district/Administration structure must organise a comprehensive inspection each spring to:

a) check the condition of boundaries and forest management boundary markers;

b) identify, inventory and assess the monetary value of unlawfully felled trees, destroyed or damaged viable seedling regeneration and any other damage to the forest, and establish its causes;

c) check the quality of silvicultural work carried out according to technical rules;

d) establish damage/harm and/or losses caused to the forest and propose their recovery.

(2) To verify compliance with the forest regime, the National Forest Guard or Forest Guards carry out a comprehensive inspection or partial comprehensive inspection, or order one to be carried out, whenever necessary.

(3) Conditions for conducting comprehensive/partial inspections are established in the own guarding regulations mentioned in art. 92 para. (3).

Art. 134. Access by inspection personnel to premises containing storage sites, installations and similar facilities

Holders of land within the FFN and forest vegetation outside the FFN, including forest districts, and holders of timber processing installations and storage sites must allow access to personnel authorised to inspect compliance with the forest regime or specific technical rules, upon notification, except for unannounced inspections, where notification is not required.

Art. 134. – Administration and forestry services structures are stripped of their verification and inspection powers concerning the forest regime;

Art. 135. Powers concerning the establishment of acts defined as criminal offences

(1) The following bodies are competent to establish acts defined as criminal offences by this law:

a) forestry personnel within the Authority, National Forest Guard and Forest Guards;

b) authorised forestry personnel within administrators of publicly state-owned land within the FFN;

c) authorised forestry personnel within non-state forest districts.

d) criminal investigation bodies;

e) police officers and agents within the Romanian Police;

f) police officers and agents within the Romanian Border Police;

g) officers and non-commissioned officers within the Romanian Gendarmerie;

(2) Bodies competent to establish offences among the forestry personnel provided for in para. (1) points a)–c) are empowered to identify trees designated for harvesting and stumps of unlawfully felled trees, and to inventory timber arising from acts defined as criminal offences by this law at the locations where it is found.

(3) Bodies competent to establish offences provided for in para. (1) points e)–g) that are not forestry personnel have the same powers as those provided for in para. (2) if they are graduates of long-cycle higher education holding a bachelor’s degree, supplemented where applicable by a master’s/doctorate in forestry engineering sciences, or graduates holding a diploma from short-cycle technical higher education with forestry qualifications, if their specialist forestry training is certified by proof of graduation from an educational programme recognised in Romania, or if they have completed a vocational forestry training programme organised within Ministry of Internal Affairs training institutions or by an accredited vocational training provider. The Authority provides specialist support for the training and professional development of bodies competent to establish offences within existing Ministry of Internal Affairs training institutions.

(4) Timber movement inspections are also carried out by personnel with inspection duties within the National Agency for Fiscal Administration.

(5) The provisions of this title are supplemented, as applicable, by Law no. 286/2009 on the Criminal Code, as subsequently amended and supplemented, and Law no. 135/2020 on the Code of Criminal Procedure, as subsequently amended and supplemented.

Art. 135 (1), b) and c) forestry personnel are not authorised to establish forestry criminal and administrative offences;

Art. 135 + Forestry personnel within administrators of publicly state-owned FFN land may be included to provide support in a secondary role during inspections outside the Green Plan, for:

a)identifying trees designated for harvesting;

b)stumps of unlawfully felled trees;

c)inventorying timber arising from acts defined as criminal offences by this law at the locations where it is found.

Art. 135. + On grounds of incompatibility, forestry personnel who live or work in the geographical region where the inspection takes place are excluded from the provisions of para. (6).

Art. 136. Rights and obligations of forestry personnel

(1) Forestry personnel of all ranks must wear the uniform and distinctive insignia established by order of the head of the Authority when performing their official duties. In certain situations, forestry personnel may wear civilian clothing when performing their official duties.

(2) The uniform and insignia provided for in para. (1) are supplied free of charge by the employer; for forestry personnel within the Authority, National Forest Guard and Forest Guards, they are supplied free of charge through its budget.

(3) Professional ranks, the allowances associated with those ranks, and the rights and duties of forestry personnel are established through the Statute of Forestry Personnel, approved by a special law.

(4) Forestry personnel within the Authority, National Forest Guard, Forest Guards, non-state forest districts, Romsilva and INCDS receive a risk allowance of 25% of their basic salary.

(5) Forestry engineers with long-cycle higher education and at least 3 years’ forestry experience are authorised to perform topographic surveys under Cadastre and Land Registration Law no. 7/1996, republished, as subsequently amended and supplemented, and the Regulations on authorising and recognising the authorisation of natural and legal persons to carry out and verify specialist cadastral, geodetic and cartographic work in Romania, approved by order of the Director General of the National Agency for Cadastre and Land Registration.

(6) Topographic surveys performed by the forestry engineers provided for in para. (5) comply with Law no. 176/2010 on integrity in exercising public functions and offices, amending and supplementing Law no. 144/2007 on the establishment, organisation and operation of the National Integrity Agency, and amending and supplementing other legislation, as subsequently amended and supplemented.

Art 136. (1) Forestry personnel of all ranks must wear the uniform and distinctive insignia established by order of the head of the Authority when performing their official duties;

Title VII Liabilities and sanctions

Art. 137. Damage and forest harm

(1) Damage to forest vegetation within or outside the FFN, regardless of the legal nature of ownership, is assessed under Title VIII – Assessment of damage and forest harm.

(2) Forest harm caused by acts constituting criminal or administrative offences is established by adding the value of damage to forest vegetation within the FFN to the value of forest functions not fulfilled, under Title VIII, Provisions on assessing damage and forest harm.

(3) The value of damage to forest vegetation and the value of forest functions not fulfilled are recorded separately in the documents drawn up by the officers establishing the offences.

(4) Damage established under para. (1) is assessed by the personnel provided for in art. 135 para. (1) points a)–c) and para. (3), and recovered by the forest district providing forestry services or administering the FFN on the basis of the record or comprehensive/partial inspection act drawn up by forestry personnel, which becomes an enforceable instrument if not contested within 15 days of communication. Amounts recovered in this way become revenue of the conservation and regeneration fund established under this law.

(5) The value of forest functions not fulfilled is established by the officers provided for in art. 135 para. (1) points a)–c) and para. (3), and individually recorded in a record constituting an instrument establishing a claim. If the amounts associated with forest functions not fulfilled are paid within 30 days of communication of the record, no interest or late-payment penalties are due under Law no. 207/2015 on the Fiscal Procedure Code, as subsequently amended and supplemented, and the amounts collected become revenue in full of the fund for improving land designated for forestry.

(6) After expiry of the payment deadline provided for in para. (5) for forest functions not fulfilled, the Authority/National Forest Guard/Forest Guards forward the claim instruments that have become enforceable, together with proof of their communication, to the competent tax bodies subordinate to the National Agency for Fiscal Administration for recovery under Law no. 207/2015, as subsequently amended and supplemented. Interest and late-payment penalties are due on these amounts, calculated by the competent tax bodies of the National Agency for Fiscal Administration under Law no. 207/2015, as subsequently amended and supplemented, from the date of the record provided for in para. (5) until full recovery. Amounts recovered in this way become state budget revenue and are collected in a separate revenue account.

(7) Administration structures must bring court actions to recover damage caused to the FFN by acts constituting criminal or administrative offences and notify the territorially competent Forest Guard of the steps taken to fulfil this obligation, with recovery under Law no. 207/2015, as subsequently amended and supplemented.

(8) The average price of one cubic metre of timber is approved by law.

Art. 138. The criminal offence of destroying vegetation within the FFN

(1) Unlawfully breaking, destroying, degrading or uprooting trees, seedlings or shoots within the FFN, regardless of ownership form, constitutes a forestry criminal offence and is punishable as follows:

a) by imprisonment from 6 months to 3 years or a fine if the value of the forest harm caused is at least 5 times the average price of one cubic metre of timber at the time the act is committed;

b) by imprisonment from 6 months to 3 years or a fine if the value of the forest harm caused does not exceed the limit provided for in point a), but the act has been committed at least twice within one year and the cumulative value of the harm caused exceeds the limit provided for in point a);c) by imprisonment from 2 to 7 years and prohibition on exercising the right provided for in art. 66 para. (1) point g) of the Criminal Code if the value of the forest harm caused is at least 20 times the average price of one cubic metre of timber at the time the act is committed.

(2) Attempt is punishable.

Art.139. The criminal offence of unlawfully felling trees

(1) Unlawfully felling trees within the FFN, regardless of ownership form, constitutes a forestry criminal offence and is punishable as follows:

a) by imprisonment from 6 months to 3 years or a fine if the value of the harm caused is up to 5 times the average price of one cubic metre of timber at the time the act is committed;

b) by imprisonment from 1 to 5 years and prohibition on exercising the right provided for in art. 66 para. (1) point g) of the Criminal Code if the value of the harm caused is between the limit provided for in point a) and no more than 20 times the average price of one cubic metre of timber at the time the act is committed;

c) by imprisonment from 2 to 7 years and prohibition on exercising the right provided for in art. 66 para. (1) point g) of the Criminal Code if the value of the harm caused exceeds 20 times the average price of one cubic metre of timber at the time the act is committed.

(2) Cutting dwarf-pine stands within the FFN, where an area exceeding 100 square metres has been affected, constitutes a criminal offence punishable by imprisonment from one to 5 years or a fine.

(3) Attempt is punishable.

(4) Felling trees to ensure road or railway traffic safety, or trees resulting from unblocking road or railway traffic, does not constitute a criminal offence.

(5) Unavoidable harm established by authorised forestry personnel as a result of authorised timber harvesting activities does not constitute a criminal offence, provided that the economic operator carrying out harvesting submits a written request to the forest district specifying the volume affected.

Art. 139. The criminal offence of destroying forest vegetation should also cover acts committed outside the FFN;

Art. 139. (1) a), b), c) We propose increasing the sentencing limits by one third for acts committed within the FFN and reducing them by half for those committed outside the FFN;

Art.140. Aggravating variants and aggravated forms

(1)The specific sentencing limits provided for in arts. 138, 139 and 144 are increased by half where the acts have been committed as follows:

a) by a person carrying a weapon, explosive, narcotic or paralysing substances;

b) by forestry personnel;

c) at night;

d) by a masked person;

e) in the forest ecosystems and forest elements of high conservation value provided for in art. 86 para. (1) points a)–e) and para. (2).

(2) The specific sentencing limits provided for in art. 145 are increased by half where the acts have been committed as follows:

a) by a person carrying a weapon, explosive, narcotic or paralysing substances;

b) by forestry personnel;

c) at night;

d) by a masked person;

Art. 140. The criminal offence of unlawfully felling trees must also cover acts committed outside the FFN, with sentencing limits reduced by half;

Art. 140. (1) and (2) We propose increasing sentences by one third for acts committed within the FFN;

Art 141. Criminal offences concerning the integrity of the FFN

(1) Carrying out works and/or locating facilities within the FFN without approval documents for temporary occupation or permanent removal constitutes a forestry criminal offence punishable by imprisonment from 6 months to 3 years.

(2) The specific limits of the sentence provided for in para. (1) are increased by half where the acts have been committed in the forest ecosystems and forest elements of high conservation value provided for in art. 86 para. (1) points a)–e).

Art. 141. The specific sentencing limits provided for in arts. 139, 140 and 145 are also increased by half where the acts have been committed by personnel with specialisations other than forestry employed by the Authority or forest administrators, including forest owners;

Art. 141. + Where the act is committed by forestry personnel mentioned in para. (1), the security measure of prohibiting the holding of a position or pursuit of an occupation in forestry also applies, for a maximum of one year ranging between 3 and 5 years, under art. 111 of Law no. 286/2009 on the Criminal Code, as subsequently amended and supplemented;

Art 142. Suspension of access to the integrated forest information system

(1) A user’s access to the integrated forest information system is suspended where criminal proceedings have been instituted against them for an offence provided for in this law or a corruption offence or offence relating to official duties provided for in Title V of the Special Part of Law no. 286/2009, as subsequently amended and supplemented.

(2) The user’s access to the integrated forest information system may be suspended by the Authority for a maximum of 90 days, at the request of criminal investigation bodies, with the possibility of successive extensions.

(3) A user of the integrated forest information system may contest the suspension measure provided for in para. (1) within a maximum of 30 days of its written communication.

Art. 142. (1) We propose increasing the sentencing limits by one third for criminal offences concerning the integrity of the FFN;

Art. 142.+ Any form of illegal reduction in the area of the FFN constitutes a forestry criminal offence punishable by imprisonment from 8 months to 4 years;

Art. 143. Unauthorised use and falsification of the special marking device

(1) Use of the special marking devices provided for in art. 103 without authorisation or in breach of the specific regulations in force constitutes a forestry criminal offence punishable by imprisonment from 6 months to 3 years or a fine.

(2) Where special marking devices are falsified, art. 317 of Law no. 286/2009, as subsequently amended and supplemented, applies.

Art. 144. Theft of trees

(1) Theft of seedlings or shoots that have been broken, cut or uprooted from forests, protective forest belts or degraded land improved through afforestation constitutes a criminal offence punishable as follows:

a) by imprisonment from 6 months to 1 year or a fine if the value of the timber stolen is at least 5 times the average price of one cubic metre of timber at the time the act is committed;

b) by imprisonment from one to 3 years if the value of the timber stolen exceeds the limit provided for in point a), but is no more than 20 times the average price of one cubic metre of timber at the time the act is committed;

c) by imprisonment from 2 to 7 years if the value of the timber stolen exceeds the limit provided for in point c) at the time the act is committed;

(2) Theft of trees felled or broken by natural phenomena, or trees that have been cut or uprooted from forests, protective forest belts, degraded land improved through afforestation and forest vegetation outside the national forest fund, and of any other products specific to the national forest fund, constitutes a criminal offence punishable as follows:

a) by imprisonment from 6 months to three years or a fine if the value of the timber stolen is no more than 5 times the average price of one cubic metre of timber at the time the act is committed;

b) by imprisonment from one to 5 years if the value of the timber stolen exceeds the limit provided for in point a), but is no more than 20 times the average price of one cubic metre of timber at the time the act is committed; ;

c) by imprisonment from 2 to 7 years if the value of the timber stolen exceeds the limit provided for in point c) at the time the act is committed;

(3) If the acts provided for in paras. (1) and (2) are committed by persons authorised to harvest a volume of standing timber, the specific sentencing limits are increased by one third.

(4) Attempt is punishable

Art.145. Criminal offences concerning timber storage and movement

(1) Holding, by an economic operator or trader at storage sites or temporary storage sites, a total volume of timber where the excess of physical stock volume over the book stock volume recorded in the integrated forest information system exceeds 20% of the book stock, but is no less than 10 cubic metres when the act is established, constitutes a criminal offence punishable by imprisonment from one to 5 years or a fine and prohibition on exercising the right provided for in art. 66 para. (1) point g) of the Criminal Code.

(2) Failure by an economic operator or trader to hold, at storage sites or temporary storage sites, a volume of timber where the shortfall between the book stock volume recorded in the integrated forest information system and the physical stock volume exceeds 20% of the book stock, but is no less than 10 cubic metres when the act is established, constitutes a criminal offence punishable by imprisonment from one to 5 years or a fine and prohibition on exercising the right provided for in art. 66 para. (1) point g) of the Criminal Code.

(3) Transporting timber by any means without a timber transport document or without legal origin constitutes a criminal offence punishable by:

a) imprisonment from six months to 1 year or a fine and prohibition on exercising the right provided for in art. 66 para. (1) point g) of the Criminal Code if the volume of timber transported without legal origin is between 5.01 m³ and 10.00 m³, inclusive;

b) imprisonment from one to 3 years or a fine and prohibition on exercising the right provided for in art. 66 para. (1) point g) of the Criminal Code if the volume of timber transported without legal origin is between 10.01 m³ and 20.00 m³, inclusive;

c) imprisonment from 2 to 7 years or a fine and prohibition on exercising the right provided for in art. 66 para. (1) point g) of the Criminal Code if the volume of timber transported without legal origin is at least 20.01 m³;

(4) Transporting timber with a lawfully issued transport document where the difference between the volume entered in that document and the volume established during inspection is at least 20%, but no less than 5.01 m³ of timber, is sanctioned under para. (3) point a).

(5) Repeated transport of timber is sanctioned under para. (3) if the value of the harm caused does not exceed the limit provided for in para. 3 point a), but the act has been committed at least twice within one year and the cumulative value of the harm caused exceeds the limit provided for in para. (3) point a);

Art. 145. (1) and (2) We propose increasing sentencing limits for theft of trees by one third;

Art. 146. Precautionary measures and confiscation

(1) Timber resulting from acts that may constitute criminal offences under this law is confiscated in kind or by equivalent value. Where confiscated in kind, the timber is seized and handed into the custody of the forest district with its registered office closest to the place where the act was established, which must accept it. The transporter must transport the confiscated timber to the place of handover into custody indicated by the officer establishing the offence. For confiscation by equivalent value, the timber’s value is calculated at reference prices by species and assortment, established annually in relation to the timber’s market value by order of the head of the Authority, on the basis of the market price resulting from the average of the latest sale prices communicated by administrators of the publicly owned forest fund who sold the assortment concerned in the preceding 6 months.

(2) Wood products obtained from raw wood resulting from acts classified as criminal offences under this law are immediately withdrawn and, where applicable, recalled from the market.

(3) Forest districts must establish at least one storage site/temporary storage site, with an obligation to provide space for receiving and storing seized/confiscated timber.

(4) Where the acts provided for in arts. 139, 144 and 145 are committed, precautionary measures are mandatory.

(5) Where timber is placed under seizure, arts. 2521–2524 of Law no. 135/2010, as subsequently amended and supplemented, apply as appropriate.

(6) The timber provided for in para. (1) consists of perishable products and is sold by custodians under the Regulations on selling timber from publicly owned FFN land provided for in art. 109 para. (1); auction starting prices are those in the list of reference prices by species and assortment, established annually for timber that cannot be found or identified, drawn up annually by the Authority, hereinafter referred to as the Reference Price List.

(7) The proceeds from timber sales under para. (6), less expenditure incurred by the custodian on handling and/or sale, are deposited in a bank account indicated by the criminal investigation body.

Art. 146. – We propose increasing sentencing limits for criminal offences concerning timber movement by one third;

Art. 147. Fines for legal persons

By derogation from art. 137 para. (2) of Law no. 286/2009, as subsequently amended and supplemented, for criminal offences provided for in this law, the amount corresponding to one day-fine unit for a legal person ranges from 500 lei to 25,000 lei.

Art. 147. + Transport without legal documents of more than 5 m³ of timber assortments or more than 3 m³ of sawn timber entails the additional measure of confiscating the means of transport;

To be added to the NCS: introduce the criminal offence of falsifying forestry-related computer data, punishable by imprisonment from 1–5 years;

Art. 148. Obligation to transport the asset to the place of handover into custody

Where a vehicle is subject to precautionary seizure, the perpetrator must transport the asset subject to that measure, at their own expense, to the place of handover into custody established by the criminal investigation body.

Art. 149. Secondment of personnel with inspection duties

For criminal offences provided for in this law, in highly complex cases, the prosecutor may request the head of the National Forest Guard or the head of the Forest Guard, as applicable, to second personnel with inspection duties to prosecution offices, respecting art. 127 para. (5) of Law no. 304/2022 on judicial organisation, as subsequently amended.

Art. 150. Supplementation by the provisions of the Criminal Code and Code of Criminal Procedure

The provisions of this title are supplemented by Law no. 286/2009, as subsequently amended and supplemented, and Law no. 135/2010, as subsequently amended and supplemented.

Title VIII Assessment of damage and forest harm

Art.151 Damage and forest harm

(1) Damage to forest vegetation within and outside the FFN, and forest harm in the case of forest vegetation within the FFN, regardless of the legal nature of ownership, are assessed by the officers provided for in art. 135 para. (1) points a)–c) and para. (3).

(2) Within the FFN, the value of forest harm is established by adding the value of the damage to the value of forest functions not fulfilled.

(3) Electronic measuring devices may also be used to measure the dendrometric characteristics of stolen trees, on the basis of the methodology approved by the Authority.

(4) Damage caused by trees being affected is assessed in accordance with the dendrometric methods for assessing the volume of timber intended for sale and the values needed to calculate the volume of timber intended for sale, approved by order of the head of the Authority, through:

a) determining the volume of stolen trees according to the diameter measured at the stump on land within and outside the FFN;

b) determining the volume of stolen trees by reference to a similar stand.

(5) Classification within the damage and/or forest harm value thresholds established under this law considers their calculation without applying VAT.

Art. 152. Establishing damage to trees through unlawful felling, breaking, uprooting and destruction

(1) The unit value of damage to trees is established by multiplying the specific factor “k” provided for in Table 1 of Annex no. 3 by the average value of one cubic metre of standing timber.

(2) The value of factor “k” used is that corresponding to the diameter category containing the diameter calculated for the affected/harmed/felled tree and its species or species group.

(3) On level ground, the diameter of a felled tree is established by measuring the stump in a horizontal plane at the height where the tree was cut, but no more than 30 cm above ground level.

(4) On sloping ground, the diameter of the felled tree is measured on the uphill side under para. (3).

(5) Where the cross-section of the tree or stump is not circular, the diameter is determined under paras. (3) and (4) as the average of two perpendicular diameters, with the first diameter measured being the smallest diameter across the entire stump section.

(6) For trees uprooted but not stolen, and trees affected/harmed without felling, the tree diameter is measured 30 cm from the root collar.

(7) For trees uprooted and stolen, or felled trees where no stump remains, stump diameter is established as follows:

a) by calculating the arithmetic mean of diameters measured 30 cm above ground level for at least three trees immediately surrounding the hole and of the same species as the extracted tree, if that species can be identified;

b) by calculating the arithmetic mean of diameters measured 30 cm above ground level for the nearest three trees of the same species.

(8) For girdled trees, the value of the damage is calculated and the diameter measured under paras. (1)–(4).

(9) Where all trees are removed and paras. (1)–(8) cannot be applied, the value of the damage is calculated by multiplying the average volume/hectare by species corresponding to the composition in the forest management plan by the corresponding affected area and the price of one cubic metre of firewood from the Reference Price List.

(10) Where all trees have been removed from an area for which no forest management plan exists, the value of the damage is calculated by multiplying the affected area by the average volume per hectare, production class three, at age 50, and the average price of one cubic metre of timber, as follows:

a) for pedunculate oak in lowlands;

b) for beech in hilly areas;

c) for spruce in mountains.

(11) The area used in the calculation formula provided for in para. (9), by forest management compartment, is established on the basis of measurements by the officers provided for in art. 136 para. (1) points a)–c) and para. (3).

(12) For the criminal offences provided for in art. 143, the value of the damage is established as the product of the resulting volume by species, reconstructed according to the dendrometric methods for assessing the volume of timber intended for sale and the values needed to calculate the volume of timber intended for sale, approved by order of the head of the Authority, and the reference price for the firewood assortment from the Reference Price List, multiplied threefold.

Art. 152. (1) Damage and forest harm are assessed only by forestry personnel entitled to conduct inspections;

Art. 152. (2) Within the FFN, the value of forest harm is established by adding the value of the damage to the value of forest functions not fulfilled, plus the reparatory fee for restoring and conserving affected species and habitats.

Art. 153. Establishing damage caused by affecting seedlings and/or shoots

(1) The value of damage to seedlings and shoots is determined by multiplying the value of factor “k” provided for in Table 2 of Annex no. 3, corresponding to the species, by the average value of one cubic metre of timber.

(2) The unit value of the damage provided for in para. (1) is established on the basis of one seedling/m² or one shoot/m², respectively.

Art. 154. Establishing damage caused by theft of trees

(1) The value of damage caused by theft of trees felled or broken by natural phenomena, or trees that have been cut, destroyed or uprooted from forests, protective forest belts, degraded land improved through afforestation and forest vegetation outside the FFN, is calculated as follows:

a) if the tree’s above-ground part has been stolen and is not found at the stump or elsewhere, its volume is taken from Table 1 of Annex no. 3;

b) according to the diameter category containing the stump resulting from felling the tree. The value of damage caused by theft is obtained by multiplying the resulting volume by the price of one cubic metre of firewood from the Reference Price List;

c) if only part of the tree’s above-ground part has been stolen and the other part is found at the stump, the stolen tree part’s volume is determined as the difference between the whole tree’s volume, taken from Annex no. 3 according to the diameter category containing the stump resulting from felling the tree, and the volume of the tree part found. The value of damage caused by theft is obtained by multiplying the resulting volume by the price of one cubic metre of firewood from the Reference Price List;

d) if the tree’s entire above-ground part has been stolen and is found at different locations, the procedure is as follows:

(i) where the volume of timber found at other locations equals or exceeds the volume established using Table 1 of Annex no. 3 to this law, the value of damage caused by theft is obtained by multiplying the resulting volume by assortment by the price of one cubic metre of timber from the Reference Price List;

(ii) where the volume of timber found at different locations is less than the volume established using Table 1 – Annex no. 3 to this law, the volume by assortment is determined for the timber found and multiplied by the price of one cubic metre of timber from the Reference Price List, thus establishing the value of the stolen timber; the volume determined as the difference between that established using Table 1 of Annex no. 3 and that found is considered stolen and not found, and its value is determined by multiplying that difference in volume by the price of one cubic metre of firewood from the Reference Price List. In this case, damage caused by theft of trees is calculated as the sum of the value of the volume not found and the value of the volume found;

(iii) Where the stumps/timber have been removed from the contiguous area where the trees were felled and stolen, the value of the damage is calculated by multiplying the average volume/hectare by species according to the forest management plan by the area where the stumps/timber are no longer found and the price of one cubic metre of firewood from the Reference Price List. If the forest management plan has expired, the calculation takes account of information from the most recent forest management plan: the average volume per hectare by species and the annual increment multiplied by the number of years elapsed from the forest management plan’s expiry until the act is established.

e) where no forest management plan exists for the area from which all trees were stolen, the value of the damage is calculated by multiplying the affected area by the average volume per hectare, production class three and at age 50, and the average price of one cubic metre of timber, as follows:

(i) for pedunculate oak in lowlands;

(ii) for beech in hilly areas;

(iii) for spruce in mountains.

(2) The size of the area used in the calculation formula provided for in para. (1) point (e), by forest management compartment, is established through measurements by the officers provided for in art. 135 para. (1) points a)–c) and para. (3).

Art. 155. Establishing forest harm

(1) Forest harm is calculated by adding the value of damage caused by injury (P) to the value of forest functions not fulfilled (VFN).

(2) The value of VFN is established as the product of the value of the damage (P) and a coefficient (K) differentiated according to the six functional types into which forests are classified through the forest management plan, as follows:

a) Functional type I (T.I): Forests with special protective functions where regulations prohibit harvesting timber or other products without approvals issued on the basis of administrative environmental protection acts and/or the consent of the protected natural area administrator – K=1.5;

b) Functional type II (T.II): Forests with special protective functions where regulation of the timber production process – main products – is not permitted. Only special conservation work is permitted within this type – K=1.0;

c) Functional type III (T.III): Forests with special protective functions for which the timber production process – main products – is regulated, with selection and quasi-selection felling treatments generally permitted – K=0.7;

d) Functional type IV (T.IV): Forests with special protective functions for which the timber production process – main products – is regulated, with treatments promoting natural regeneration generally permitted, subject to special restrictions – K=0.7;

e) Functional type V (T.V): Forests with production and protective functions intended to produce high-quality timber, where treatments appropriate to the objectives pursued are permitted – K=0.5;

f) Functional type VI (T.VI): Forests with production and protective functions where the full range of silvicultural treatments may be applied – K=0.5.

(3) Where the act is established within the FFN for which no forest management plan is in force, the value of forest harm is established under para. (2) point d).

Art. 156. Reparatory measures for works and/or facilities located within the FFN without legal approvals

(1) Where works are carried out and/or facilities located within the FFN without legal approvals, harm is calculated taking account of the following:

a) the value of the damage;

b) the value of forest functions not fulfilled;

c) the value of lost growth, treated as equivalent to the value of growth lost through harvesting timber before the technical harvesting age, calculated when the act is established;

d) the cost of re-establishing forest vegetation and maintaining it until stand closure.

(2) When calculating harm, the territorially competent Forest Guard establishes whether the land can still be restored to its original condition or whether its land-use category has changed irreversibly, under art. 139 para. (5).

(3) Where a final court judgment orders the removal of works and/or facilities located within the FFN without legal approvals, in addition to the obligation provided for in art. 139 para. (3), the person occupying the land without legal approvals must pay for the harm, comprising:

a) the value of the damage;

b) the value of forest functions not fulfilled;

c) the value of lost growth, treated as equivalent to the value of growth lost through harvesting timber before the technical harvesting age, calculated when the act is established;

d) the cost of re-establishing forest vegetation and maintaining it until stand closure;

e) compensation for loss of use, calculated from the date the act is established until the land is returned to forestry use.

(4) Where the person occupying the land without legal approvals owns the forest land on which works and/or facilities have been located within the FFN without legal approvals, the value of the damage and the costs of re-establishing forest vegetation and maintaining it until stand closure, provided for in para. (3) points a) and d), are transferred to the forest conservation and regeneration fund, while the value of forest functions not fulfilled and compensation for loss of use, provided for in para. (3) points b) and c), collected by the forest district, are transferred to the fund for improving land designated for forestry.

(5) Where approval of temporary use is ordered for regularisation, the person occupying the land without legal approvals must pay for the harm, comprising:

a) the value of the damage;

b) the value of forest functions not fulfilled;

c) the value of lost growth, treated as equivalent to the value of growth lost through harvesting timber before the technical harvesting age, calculated when the act is established;

d) the cost of re-establishing forest vegetation and maintaining it until stand closure;

e) compensation for loss of use, calculated from the date the act is established until approval for using the land for forestry is obtained;

f) the value of the guarantee, treated as equivalent to the guarantee for temporary occupation of the land;

g) rent for temporary use of the land, due from the date approval for regularisation is obtained, calculated and paid in the same way as rent for temporary occupation of land within the FFN.

(6) Where the person occupying the land without legal approvals owns the forest land on which works and/or facilities have been located within the FFN without legal approvals, the value of the damage and the costs of re-establishing forest vegetation and maintaining it until stand closure, provided for in para. (5) points a) and d), are transferred to the forest conservation and regeneration fund, while the amounts provided for in para. (5) points b), c), f), collected by the forest district, are transferred to the fund for improving land designated for forestry.

(7) Where approval of permanent use is ordered for regularisation, the person occupying the land without legal approvals must pay for the harm, comprising:

a) the value of the damage;

b) the value of forest functions not fulfilled:

c) the value of lost growth, treated as equivalent to the value of growth lost through harvesting timber before the technical harvesting age, calculated when the act is established;

d) the value of the fee, treated as equivalent to the fee for permanent removal of the land from the FFN, calculated without compensatory land;

e) the value of the land, treated as equivalent to the value of the land for which legal approval for regularisation is issued;

f) compensation for loss of use, calculated from the date the act is established until approval for permanent use of the land is issued.

(8) Where the person occupying the land without legal approvals owns the forest land on which works and/or facilities have been located within the FFN without legal approvals, the value of the damage provided for in para. (7) point a) is transferred to the forest conservation and regeneration fund, while the amounts provided for in para. (7) points b)–e), collected by the forest district, are transferred to the fund for improving land designated for forestry.

(9) Retaining works and/or facilities located within the FFN without legal approvals requires the prior consent of:

a) the person occupying the land without legal approvals, undertaking to pay all monetary obligations and harm in full;

b) the territorially competent environmental protection agency for retaining the works and/or facilities located within the FFN without legal approvals, as applicable, and establishing any specific environmental protection measures;

c) the territorially competent Forest Guard, confirming classification among the categories for which permanent removal/temporary occupation is permitted.

(10) Compensation for loss of use equals twice the rent calculated according to the methodology provided for in art. 49. Compensation for loss of use is allocated as follows:

a) 50% is paid into the Fund for Improving Land Designated for Forestry;

b) 50% is paid to the administrator for publicly state-owned land and allocated in the same way as rent for temporary occupation of land within the FFN, or paid to the owner for FFN other than publicly state-owned FFN.

(11) The exemptions from certain fees and monetary obligations provided for in this law, in force when approval for regularisation is issued, apply accordingly.

(12) The territorially competent Forest Guard is empowered to issue approvals for regularisation.

Art.157. Establishing timber volume during inspections of economic operators storing/processing/marketing/transporting timber

(1) Timber volume during inspections of economic operators transporting/storing/processing/marketing timber may be established by measuring each piece or through rapid volume estimation methods.

(2) During transport inspections, the officer establishing the offence who belongs to forestry personnel, or the officer provided for in art. 135 para. (3), must carry out a rapid volume estimation of the load in the means of transport.

(3) Where measurements under para. (2) establish a difference of at least 5% for sawn timber and 10% for other timber between the rapidly estimated volume and the volume entered in the transport document, and the economic operator/transporter accepts the measurement result, the officer establishing the offence orders the legal measures on the basis of those measurements.

(4) If the economic operator/transporter does not accept the rapid volume estimation result, they must provide transport, unloading and handling for a piece-by-piece inventory in accordance with the measures ordered by the officer establishing the offence.

Art. 157. We categorically oppose regularising the various facilities located within the FFN without legal approvals;

To be added somewhere in the NCS: adoption of provisions to stop the timber production process in peri-urban forests around major cities, starting with the Municipality of Bucharest;

Article 158. Transitional provisions

Art. 160. Adoption of subsequent legislation

Title IX Transitional and final provisions

Art. 158. Transitional provisions

(1) Operating authorisations for forest districts provided for in art. 10 of Law no. 46/2008 – the Forest Code, republished, as subsequently amended and supplemented, remain valid for state forest districts established by administrators of the publicly state-owned forest fund, and non-state forest districts operating as autonomous administrations of local interest, similarly to associations and foundations, or as companies governed by Law no. 31/1990, republished, as subsequently amended and supplemented.

(2) Within 12 months of this law entering into force, non-state forest districts that do not operate as autonomous administrations of local interest, similarly to associations and foundations, or as companies governed by Law no. 31/1990, republished, as subsequently amended and supplemented, must obtain authorisation under this law.

(3) Forest districts designated to ensure the principle of territoriality under Law no. 46/2008, republished, as subsequently amended and supplemented, retain that status after this law enters into force.

(4) Heads of non-state forest districts employed under art. 14 para. (5) of Law no. 46/2008, republished, as subsequently amended and supplemented, who do not meet the conditions provided for in art. 13 para. (4), may continue in that position for a maximum of 3 years from this law entering into force.

(5) The phrase “the central public authority responsible for forestry’ provided for in Law no. 46/2008, republished, as subsequently amended and supplemented, shall be used until the subsequent legislation provided for in this law is approved.

(6) Administration or forestry services contracts provided for in art. 16 of Law no. 46/2008, republished, as subsequently amended and supplemented, concluded before this law enters into force, remain valid under the law in force when they were concluded.

(7) The rules on the origin, movement and marketing of timber, the regime governing timber storage areas and roundwood processing installations, and the origin and movement of timber intended for the owner’s own consumption, approved by Government Decision no. 497/2020, as subsequently amended and supplemented, published in the Official Gazette of Romania, Part I, no. 570 of 30 June 2020, remain valid until approved under this law.

(8) The integrated timber traceability information system developed under the Rules on the origin, movement and marketing of timber, the regime governing timber storage areas and roundwood processing installations, and the origin and movement of timber intended for the owner’s own consumption continues to be used after this law enters into force, until the integrated forest information system is developed under this law.

(9) Data, information and processes generated in the integrated timber traceability information system continue to be used after this law enters into force.

(10) Approvals for permanent removal from or temporary occupation of the FFN issued before this law enters into force remain valid.

(11) Documentation for permanent removal from or temporary occupation of the FFN submitted before this law enters into force but not approved by that date is redrafted in compliance with arts. 38–48.

(12) Any reference to arts. 36–42 of Law no. 46/2008, republished, as subsequently amended and supplemented, is made to arts. 38–48.

(13) Concession contracts concluded before this law enters into force are subject to the law in force when they were concluded in all matters concerning their conclusion, amendment, interpretation, effects, performance and termination.

(14) Forest management plans in force before the date of this law remain applicable.

(15) The Technical Rules on compositions, schemes and techniques for forest regeneration and afforestation of degraded land, and the Good-Practice Guide on compositions, schemes and techniques for forest regeneration and afforestation of degraded land, approved by Order of the Minister of the Environment, Waters and Forests no. 2533/2022, published in the Official Gazette of Romania, Part I, no. 1000 of 14 October 2022, remain valid until approved under this law.

(16) The Technical Rules on stand tending and management and the Good-Practice Guide on stand tending and management, approved by Order of the Minister of the Environment, Waters and Forests no. 2534/2022, published in the Official Gazette of Romania, Part I, no. 989 of 12 October 2022, remain valid until approved under this law.

(17) The Technical Rules on selecting and applying treatments and the Good-Practice Guide on selecting and applying treatments, approved by Order of the Minister of the Environment, Waters and Forests no. 2535/2022, published in the Official Gazette of Romania, Part I, no. 994 of 13 October 2022, remain valid until approved under this law.

(18) The Technical Rules on forest planning and the Good-Practice Guide on forest planning, approved by Order of the Minister of the Environment, Waters and Forests no. 2536/2022, published in the Official Gazette of Romania, Part I, no. 999 of 14 October 2022, remain valid until approved under this law.

(19) The Technical Rules on forest regeneration and annual regeneration inspections and the Good-Practice Guide on forest regeneration and annual regeneration inspections, approved by Order of the Minister of the Environment, Waters and Forests no. 2537/2022, published in the Official Gazette of Romania, Part I, no. 995 of 13 October 2022, remain valid until approved under this law.

(20) The forest condition indicators provided for in art. 67 are approved by 31 December 2026.

(21) Certificates for forest harvesting work issued under Law no. 46/2008, republished, as subsequently amended and supplemented, remain valid until they expire.

(22) The phrase “timber” provided for in Law no. 46/2008, republished, as subsequently amended and supplemented, is used until the subsequent legislation provided for in this law is approved.

(23) The specialist studies for park forests, recreational and thematic parks endorsed by the Technical Endorsement Commission for Forestry before this law enters into force retain their validity.

(24) The National Forest Strategy 2030 and the National Action Plan, approved by Government Decision no. 1227/2022, retain their validity until 31 December 2030;

(25) Government Decision no. 1076/2009 approving the Regulations for Guarding the Forest Fund, published in the Official Gazette of Romania, Part I, no. 721 of 26 October 2009, remains in force for 24 months from the date this law enters into force;

(26) Within 60 days of this law entering into force, the Authority shall establish, by order of the head of the Authority, the administration structures that will prepare and implement their own guarding regulations in pilot areas in accordance with this law; these administration structures shall be established by designation and/or on request.

(27) Within a maximum of 90 days from the date the order of the head of the Authority referred to in paragraph (26) is issued, the designated administration structures shall prepare their own guarding regulations, which they shall implement within a maximum of 12 months from their approval.

(28) The average price of one cubic metre of standing timber approved by Law no. 265/2017 approving Government Ordinance no. 9/2017 postponing the deadline laid down in Art. IV of Government Emergency Ordinance no. 51/2016 amending and supplementing Law no. 171/2010 on establishing and sanctioning administrative forestry offences, published in the Official Gazette of Romania, Part I, no. 1021 of 22 December 2017, shall remain, until 31.12.2025, at the value in force on the date this law enters into force.

(29) Until the subsequent legislation provided for by this law is approved, the terms and expressions in Annex no. 1 to Law no. 46/2008 — the Forest Code, republished, as subsequently amended and supplemented, shall be used.

(30) The Regulations for Selling Timber from the Publicly Owned Forest Fund, approved by Government Decision no. 715/2017, published in the Official Gazette of Romania, Part I, no. 812 of 13 October 2017, as subsequently amended and supplemented, retain their validity until the sales regulations referred to in Art. 110(1) are approved under this law.

Art.159. Amendment of the special law on administrative forestry offences

In Article 19 of Law no. 171/2010 on establishing and sanctioning administrative forestry offences, published in the Official Gazette of Romania, Part I, no. 513 of 23 July 2010, paragraph (2) is amended to read as follows:

“(2) — The following acts constitute administrative forestry offences, unless committed in circumstances that make them criminal offences, and are punishable by a fine and confiscation of the timber concerned:

a) transporting timber with a volume between 0.1 and 5 m³ by any means of transport without the specific transport documents laid down by the rules on the movement of timber.

The amount of the fine shall apply as follows:

1. 1,000 lei to 2,000 lei, for a volume between 0.1 and 1 m³, inclusive;

2. 2,000 lei to 4,000 lei, for a volume between 1.01 and 3.00 m³, inclusive;

3. 4,000 lei to 6,000 lei, for a volume between 3.01 and 5.00 m³, inclusive;

b) transporting timber by any means of transport, accompanied by the specific transport documents laid down by the rules on the movement of timber, where the difference between the volume established at the time of inspection and that entered in the accompanying document is no more than 5 m³, inclusive, taking account of the legal tolerances and specific shrinkage.

The amount of the fine shall apply as follows:

1. 1,000 lei to 2,000 lei, for a volume between 0.1 and 1 m³, inclusive;

2. 2,000 lei to 4,000 lei, for a volume between 1.01 and 3.00 m³, inclusive;

3. 4,000 lei to 6,000 lei, for a volume between 3.01 and 5.00 m³, inclusive;

c) transporting timber without legal origin by any means of transport, as laid down by the rules on the movement of timber.

The applicable fine ranges from 5,000 lei to 10,000 lei, for a volume between 0.1 and 5 m³, inclusive;

d) transporting timber whose characteristics do not correspond to at least one of the entries in the accompanying document concerning:

(i) volume by species/groups of species, taking account of the specific tolerances/shrinkage;

(ii) species/groups of species.

(iii) the number of roundwood pieces with a diameter at the small end greater than or equal to 24 cm or the number of pieces/bundles of sawn timber.

The amount of the fine shall apply as follows:

1. 1,000 lei to 2,000 lei, for a volume between 0.1 and 1 m³, inclusive;

2. 2,000 lei to 4,000 lei, for a volume between 1.01 and 3.00 m³, inclusive;

3. 4,000 lei to 6,000 lei, for a volume between 3.01 and 5.00 m³, inclusive.

The additional penalty of confiscation shall apply to the excess volume established over the volume by species/groups of species entered in the accompanying document, taking account of the legal tolerances and specific shrinkage;

e) holding timber by holders of storage facilities, other spaces intended for temporary storage and/or timber-processing installations, by groups of species and industrial assortments, determined as excess differences between the physical stock volume and the book stock volume recorded in the SUMAL 2.0 application, of up to 20% of the book stock, but no more than 10 cubic metres at the time the act is established;

The amount of the fine shall apply as follows:

1. 5,000 lei to 10,000 lei, for a volume of up to 5% of the book stock, but no more than 4 cubic metres, inclusive;

2. 15,000 lei to 20,000 lei, for a volume of up to 10% of the book stock, but no more than 8 cubic metres, inclusive;

3. 30,000 lei to 50,000 lei, for a volume of up to 20% of the book stock, but no more than 10 cubic metres, inclusive;

f) failure to hold timber by holders of storage facilities, other spaces intended for temporary storage and/or timber-processing installations, by groups of species and industrial assortments, determined as shortfalls between the physical stock volume and the book stock volume recorded in the SUMAL 2.0 application, of up to 20% of the book stock, but no more than 10 cubic metres at the time the act is established*;*

The amount of the fine shall apply as follows:

1. 5,000 lei to 10,000 lei, for a volume of up to 5% of the book stock, but no more than 4 cubic metres, inclusive;

2. 15,000 lei to 20,000 lei, for a volume of up to 10% of the book stock, but no more than 8 cubic metres, inclusive;

3. 30,000 lei to 50,000 lei, for a volume of up to 20% of the book stock, but no more than 10 cubic metres, inclusive.”

Art. 160. Adoption of subsequent legislation

(1) The legislation subsequent to Law no. 46/2008 — the Forest Code, republished, as subsequently amended and supplemented, remains in force until legislation is prepared under this law, insofar as it does not conflict with its provisions.

(2) Within 90 days of this law entering into force, the Romanian Government shall adopt, by decision, at the Authority’s proposal, the Regulations on the Organisation and Operation of Romsilva referred to in Art. 32(2).

Art. 161. Repeals

On the date this law enters into force, the following are repealed:

a) Law no. 46/2008, the Forest Code, republished in the Official Gazette of Romania, Part I, no. 611 of 12 August 2015, as subsequently amended and supplemented,

b) Government Emergency Ordinance no. 85/2006 on establishing the methods for assessing damage caused to forest vegetation within and outside forests, published in the Official Gazette of Romania, Part I, no. 926 of 15 November 2006, approved with amendments and supplements by Law no. 84/2007;

c) the provisions of Arts. 10 and 17 of Government Emergency Ordinance no. 139/2005 on forest administration in Romania, published in the Official Gazette of Romania, Part I, no. 939 of 20 October 2005, approved with amendments and supplements by Law no. 38/2006, as subsequently amended;

d) the provisions of Art. 2(2) and Art. 5(1) of Law no. 56/2010 on making the national forest fund accessible, republished, published in the Official Gazette of Romania, Part I, no. 770 of 6 September 2018.

e) Government Decision no. 954/2002 approving the Regulations establishing the specific methods for managing forests and distributing the material resources and financial funds due to natural and legal persons for forests they own and administer through state forestry structures on a contractual basis, and their obligations, published in the Official Gazette of Romania, Part I, no. 686 of 17 September 2002, as subsequently amended;

f) Government Decision no. 2293/2004 on managing waste resulting from the timber production process, published in the Official Gazette of Romania, Part I, no. 1261 of 28 December 2004, as subsequently amended;

g) Government Decision no. 861/2009 approving the Methodological Rules for Granting, Using and Controlling Annual Funds Intended for the Sustainable Management of the Forest Fund Privately Owned by Natural and Legal Persons and Publicly and Privately Owned by Administrative-Territorial Units, and approving the Procedure for Providing Forestry Services and Conducting Comprehensive Inspections, published in the Official Gazette of Romania, Part I, no. 573 of 18 August 2009, as subsequently amended;

Art. 162. Annexes

Annexes nos. 1–3 form an integral part of this law.

Annex no. 1. Terms and expressions

Annex no. 1.

Terms and expressions

Findings record

The record drawn up between the representative of the nominated forest district and the representative of the territorially competent Forest Guard, with a view to the nominated forest district providing guarding and minimum forestry services for FFN areas of no more than 30 ha that are not administered or do not receive minimum forestry services, whose owner cannot be identified or whose succession has not been settled, and for FFN areas exceeding 30 ha for which administration or forestry services are not provided.

Forest administration

A set of technical, economic and legal activities intended to ensure the sustainable management of land within the FFN, in compliance with the forest regime.

Forestry administration

The set of entities through which the forest fund is managed under this law.

Forest management plan

A product of forest planning with technical and organisational content, based on ecological principles, establishing, for a period of time, the works to be carried out in a production unit in order to bring and subsequently maintain the structural characteristics of stands and the forest as a whole at the values corresponding to the optimal structural model defined in accordance with the ecological, social and economic objectives pursued through sustainable management.

Forest facilities specific to park forests

The facilities permitted in park forests are:

a) paths made from environmentally friendly materials, no more than 2 m wide, or bicycle paths;

b) benches;

c) lighting;

d) information points with an area of no more than 4 m²;

e) ecological toilets;

f) temporary wooden structures with a built area of no more than 15 m².

In park forests, species that do not belong to the fundamental natural type may be planted in place of the trees removed.

Park forests shall be established at the request of the owner/administrator, based on substantiation studies endorsed by the Technical Endorsement Commission for Forestry.

The area for establishing a park forest shall be at least 3 ha, and the area occupied by permitted facilities shall be no more than 10% of the area classified as a park forest.

Forest planning

A permanent and continuous technological development activity intended to guide the structure of forests towards the state of maximum functional effectiveness corresponding to the ecological, social and economic objectives pursued

Habitat tree/biodiversity tree

A tree with important ecological attributes which, through the shape and characteristics of its root system, trunk, branches and crown as a whole, provides habitat for other species. This includes hollow trees, usually old trees (veteran trees), with bird nests, breeding cavities, dead wood in the crown, large crowns, etc., or trees of rare species.

Stand

A homogeneous portion of forest, both in terms of the tree plant community and site conditions, requiring the same silvicultural works.

Arboretum

An area of land on which a collection of native and exotic woody plants, trees and shrubs is cultivated for scientific or educational purposes, consisting of particularly valuable specimens belonging to a large number of systematic classification units.

Direct beneficiaries of forest ecosystem services

Natural and legal persons who directly benefit from the contributions of forest ecosystems to improving the quality of life of people and society as a whole.

Indirect beneficiaries of forest ecosystem services

Natural or legal persons who are not direct beneficiaries but indirectly have access to the contributions of forest ecosystems to improving the quality of life of people and society as a whole.

Timber extraction route

A facility, structure or installation used to extract timber, occupying and potentially temporarily changing the use of a space within the timber harvesting site for the duration of harvesting operations. It includes the space actually used for timber extraction and other facilities, structures and installations necessary for its operation. In spatial terms, extraction routes may be situated both within and outside felling sites, but fall within the timber harvesting site. The term temporary timber extraction installation may also be used.

National Catalogue of Strictly Protected Ecosystems

A national computerised register of all stands included in the category of strictly protected forest ecosystems, periodically updated and with a public section allowing the spatial location of those stands to be viewed on an interactive map.

Movement of timber

The transport of timber between two locations using any means of transport for this purpose, and/or the transfer of ownership of timber.

Stump

The part of a tree remaining after felling, both above ground and in the soil.

Regeneration class

All land within a production unit that, on the date a management plan is prepared, is not covered by trees and is to be afforested in accordance with the works proposed in the management plan.

Trader

Any natural or legal person in the supply chain other than the operator who, in the course of a commercial activity, makes relevant commodities and products available on the European Union market.

Financial compensation

A form of financial aid or support granted by the state to owners of FFN land other than the state for the sustainable management of privately owned FFN land, and for owners who apply the mandatory measures necessary to conserve and improve forest biodiversity

Target composition

The assortment of species in a stand that, at any point in its existence, combines the biological requirements of the forest with social, economic or ecological requirements in the most favourable way, through both their proportions and their grouping.

Local communities critically dependent on forests

Communities represented by the inhabitants of settlements whose vital needs relating to energy, the production of goods or the provision of services are restricted by the classification of the forests that met those needs as restricted areas.

Ecological connectivity

The spatial structure of ecosystems that allows species to move unhindered and ensures the flow of the natural processes that sustain life.

Stand density

A general characteristic of a stand consisting of trees close to one another, such that their spatial relationship creates an environment specific to forest ecosystems, different from that outside. It is expressed indirectly through the tree-number density index, stocking density index, cover index and canopy closure index.

Continuity of FFN guarding

The administration structure’s permanent provision of surveillance over the entire FFN under its guarding responsibility, through various technical and organisational means according to the results of its own risk assessment.

Comprehensive inspection

A comprehensive inspection is an inspection conducted by traversing, in accordance with the guarding regulations, an area administered by the forest district or for which the forest district provides guarding services, in order to verify the integrity of the forest fund and compliance with the forest regime. A partial inspection pursues the same objectives as a comprehensive inspection but is carried out only on part of the area under guarding.

Ecological corridor

A clearly delineated geographical space designated to maintain or effectively restore ecological connectivity.

Structures and facilities necessary for timber harvesting operations

Other temporary structures and facilities necessary for timber harvesting operations may include, without limitation, spaces where fuel, lubricants and spare parts are stored when these are not stored on primary landings, and spaces necessary to set up temporary accommodation facilities for the workforce when these are not set up on primary landings. These temporary structures are erected and serve the purpose for which they were erected only during the validity of the harvesting authorisation.

Rapid volume estimation

A method for determining the actual volume of timber arranged in geometric shapes by applying, as appropriate, the volume factors or equivalence coefficients specific to the assortment to the apparent volume of the shapes.

Forest clearance

The removal of forest vegetation from land included in the FFN without subsequent regeneration, accompanied by a change in the land’s use and/or forest designation.

Forest degradation

Structural changes to forested areas consisting of the conversion of:

(a) primary forests or naturally regenerated forests into intensive forest plantations; or

(b) primary forests into artificially regenerated forests.

Land degradation

A reduction, potentially to zero, in the productive potential of land as a result of the total or partial loss of the soil’s potential fertility.

Holder

The owner, administrator, forestry service provider, transporter, warehouse keeper, custodian, and any other natural or legal person holding the forest fund or timber under a legal title.

Special marking device

Instruments subject to special rules, used by authorised forestry personnel to mark trees intended for harvesting, trees delimiting felling sites and the stumps of illegally felled trees, and trees that enable identification of the place from which a tree has been removed without leaving a stump on the ground.

Forest road

A permanent forest transport route serving the forestry activity’s own road transport requirements and other transport needs, built and maintained for that purpose within the FFN by changing the forest land-use category.

Forest ecosystem

The functional unit of the biosphere consisting of the biotic community, in which the tree population plays the predominant role, and the site in which it is situated.

Forest ecosystem of high conservation value

A stand or group of stands with floristic, faunal, geological, geomorphological, hydrological, climatic, palaeontological or other characteristics of particular ecological, scientific or cultural value, strictly protected through classification in functional category type I.

Timber assessment

The collection of information on the location, the area containing the trees to be selected for harvesting and their dendrometric characteristics, necessary to calculate the volume of standing timber.

Harvest maturity

The quality of being harvestable attributed to a tree or stand when harvesting becomes necessary to achieve, in an optimal manner, the objectives pursued through management of the forest to which it belongs.

Timber harvesting

The production process through which raw wood is extracted from forests and other land covered with forest vegetation, under the conditions imposed by the forest regime and the rules governing land covered with forest vegetation.

Sustainable forest management

The administration and use of forests and forest land in a manner and at a rate that maintain their biodiversity, productivity, regeneration capacity, vitality and potential to fulfil, now and in the future, relevant ecological, economic and social functions at local, national and global levels, without damaging other ecosystems.

Forestry sector governance

The institutional framework, organisations and processes through which forestry sector stakeholders take and implement decisions concerning the management, use and conservation of forest resources.

Integrity of the forest fund

Maintaining the area of the FFN, the appropriate health of stands and the structure that ensures the highest functional effectiveness in relation to the functions assigned to the forest.

Ageing island

A group of trees exempted from forest harvesting over an area of at least 0.1 ha, with a role in conserving and improving biodiversity, to provide, through natural development, habitat or temporary shelter for animal species that depend on the presence of old or dead trees.

Placing on the market

Making a commodity or other product available on the European Union market for the first time.

Linked undertaking

An undertaking that forms part of a group through direct or indirect control of the majority of voting rights or share capital, including through agreements or, in certain cases, through shareholders who are natural persons, or through the ability to exercise a dominant influence over an undertaking.

County with a forest deficit

A county in which the forest fund area represents less than 30% of its total area.

Wood

The product of timber harvesting, consisting of tree fragments, parts or segments brought to shapes, dimensions and qualities suitable for industrial processing or direct use.

There are several criteria for classifying raw wood, such as species, physical and mechanical characteristics, cross-sectional shape, stage of transformation during the harvesting process, method of delivery and intended use.

Shoot

A young branch developing from the root or stem of a tree.

Timber

Round or split wood, with or without bark, and firewood in the form of trunks, billets, branches, brushwood or similar forms; edged and unedged sawn timber, log ends and slabs; unimpregnated wooden railway sleepers, charcoal, squared wood and hewn wood; wood in the form of chips or particles, sawdust, shredded wood, tree bark and wood residues. Forest seedlings fall within the category of timber. Timber is not divisible property.

Forest reproductive material

Plant biological material through which trees of species and artificial hybrids important for forestry purposes are regenerated.

Forest district

Forest district — the forestry unit established to administer or provide services for FFN land, with the following minimum area for establishment:

a) in the lowland region — 3,000 ha of forest fund;

b) in the hill region — 5,000 ha of forest fund;

c) in the mountain region — 7,000 ha of forest fund.

Temporary occupation of land included in the FFN

The temporary use of land included in the FFN, solely for purposes and periods established under this law

Occupations

Forest land entered in current forest management plans under the category “occupations and disputes” — “M”.

Operator

Any natural or legal person who, in the course of a commercial activity, places other relevant products on the European Union market or exports them from the European Union market.

Felling site

The area of forest land from which trees selected through tending and stand development works, silvicultural treatments, conservation works or the removal of salvage and extraordinary products are harvested. The felling site forms an integral part of the timber harvesting site.

Recreational/thematic/educational park

Permanent or non-permanent facilities established for recreational activities, with or without clearing forest vegetation, such as:

a) pergolas and/or children’s playgrounds;

b) adventure parks, installations for climbing or introductory mountaineering;

c) paintball grounds;

d) bicycle paths and other infrastructure specific or favourable to cycling, and, as appropriate, earth paths for walking and running and, separately, for mountain biking and horse riding, running tracks, tracks for wheeled skating devices, bridges, walkways and footbridges associated with these routes;

e) associated access routes.

Damage

The direct economic loss arising from changes to the appearance, physical integrity and/or physiological characteristics of the tree/trees or stand/plantation/natural regeneration, as appropriate, resulting from felling, breaking, damaging, destroying or uprooting trees, seedlings or shoots, or cutting branches from standing trees.

Primary forest

A forest displaying natural ecosystem processes (with natural species, an uneven-aged structure, natural regeneration and the unmanaged natural elimination of trees) over an area large enough to maintain its natural characteristics, where significant human intervention does not take place or where the last significant human interventions occurred sufficiently long ago for the characteristic natural processes to have become re-established.

Certified forest

A forest area for which there is a valid certificate issued by an internationally accredited independent organisation which, following an audit, confirms that the area is managed in accordance with an internationally agreed forest management certification standard.

Virgin forest

A forest that has formed and developed exclusively under the influence of natural factors and in which ecosystem processes unfold without any direct or indirect human influence.

Quasi-virgin forest

A formerly virgin forest that has meanwhile undergone observable human-induced changes that are insignificant in terms of its structure, site and ecosystem processes.

Urban and peri-urban forests

Forests and forest land around towns and cities that can provide goods and services such as wood, fibres, fruit, other non-wood forest products, clean water, recreation and tourism.

Urban mini-forests

A compact area of land of at least 100 square metres, situated within the built-up area of an urban settlement (town or municipality) or in the peri-urban area, at least 2 metres wide, planted with forest tree species at an average density of at least 3 seedlings/m², providing society with psychological, social, aesthetic, economic and environmental benefits.

Forests with a socio-cultural role

Forests located around, along, near or within areas/sites of social or cultural interest, intended to fulfil primarily or entirely socio-cultural functions. These areas/sites may be i) spa resorts, climatic resorts or sanatoriums of national importance; ii) sites essential for preserving the cultural identity of local communities; iii) special cultural sites (citadels, fortifications, monasteries, etc.)

Mosaic forest landscape

An extensive area designated for forestry, consisting of land with various uses but predominantly forest-covered land, where stands are at various stages of development and the different combinations of species and ages create a mosaic whose dynamics are determined by management, but whose heterogeneity remains relatively constant over time as a result of silvicultural measures.

Offsetting against the allowable cut

The replacement of the volume of wood scheduled for harvesting from stands included in a management unit’s ten-year main-product harvesting plan with equivalent volumes from stands within that unit wholly affected by biotic or abiotic factors, or from stands older than half the technical harvest maturity age partially affected by biotic or abiotic factors, or originating from legal forest clearance and illegal felling.

Harm

Losses resulting from other actions/inactions that do not depend on the occurrence of damage within the meaning of this law.

Forest harm

The sum of the damage and the value of the forest functions not fulfilled, calculated only for forest vegetation within the FFN.

Provision of forestry services

The performance, under a contract, of a technical activity by the forestry personnel of forest districts or other entities certified under this law.

First processing of raw wood

Processing of raw wood that substantially changes its geometric characteristics and determines its subsequent use. Sorting, debarking and superficial processing are not considered first processing of raw wood.

Protective forest belts

Formations of forest vegetation situated at a certain distance from one another or from a site, intended to protect it against the effects of harmful factors and/or to improve land in climatic, economic, aesthetic and sanitary terms.

Improvement perimeter

Degraded or agriculturally unproductive land that can be improved through afforestation, whose development is necessary for soil protection, the water regime, the improvement of environmental conditions and biological diversity.

Seed orchard

A forest plantation consisting of trees from several identified clones or families in defined proportions, isolated from external pollen sources and managed to produce frequent abundant seed crops that are easy to harvest.

Primary landing

A space specially prepared to allow timber preparation and loading onto means of transport. Primary landings are usually established beside permanent transport routes. Primary landings form integral parts of the timber harvesting site.

Allowable cut

The volume of wood to be harvested as a main product from a management unit, based on the forest management plan, during its period of application.

Annual allowable cut

The volume of wood that may be harvested annually as a main product from a management unit, equal to the allowable cut divided by the number of years for which the management plan is valid

Principle of continuity

A fundamental principle of forest planning reflecting the permanent concern to ensure, through the management plan, the conditions necessary for sustainable forest management, so that forests permanently meet the ecological, social and economic needs of the present generation without compromising future generations’ ability to meet their own requirements.

Inventory record

The document proving origin at the harvesting location, used to calculate the volume of standing timber of up to 20 m³ on FFN areas for which the law does not require forest management plans, the volume of standing timber of up to 20 m³ from forest vegetation outside the forest fund, and the standing or harvested volume from energy plantations or parks within built-up areas.

Category I salvage products

The volume of wood from trees in a stand/part of a stand of at least 0.5 ha affected to the highest degree of injury by biotic and/or abiotic factors, or trees in a stand older than half the technical harvest maturity age partially affected by biotic and/or abiotic factors. These products are treated as main products and harvested in full.

Category II salvage products

The volume of wood from trees in a stand aged less than or equal to half the technical harvest maturity age, partially affected by biotic and/or abiotic factors. These products are treated as secondary products and harvested in full.

Extraordinary products

The volume of wood harvested from extraction roads and installations, from the area intended for primary landings, from FFN land located below/above oil, natural gas or electricity transmission or distribution networks, or resulting from harvesting trees that endanger traffic on transport routes, including from areas where forestry services are suspended, at the written request of the holder or administrator of the network or transport route, from within and/or near military sites to keep them operational, for the protection of archaeological, cultural or public sites, and those resulting from legally approved forest clearance.

Main products

The volume of wood resulting from forest regeneration felling.

Secondary products

The volume of wood from stand tending and development felling.

Origin of wood

The polygon/point with definite geographical coordinates from which the wood was harvested.

Average price of one cubic metre of wood

The national average selling price of one cubic metre of standing timber, determined as the average of the statistical data published for the last three years by the National Institute of Statistics.

Seedling

A woody plant young in both chronological age and developmental stage, originating from seed or parts of trees, arising spontaneously or cultivated.

Ecological restoration

The set of measures initiated and carried out by humans to restore the structure, natural functions, diversity and natural dynamics of an ecosystem degraded by human intervention.

Regeneration

The process of renewing stands/the forest by replacing an old generation with a new one; it may be natural, artificial or mixed.

Artificial regeneration

The artificial renewal of stands/the forest through direct seeding or planting.

Natural regeneration

The natural renewal of stands/the forest from seed (in high forest) or from shoots and root suckers (in coppice).

Natural regeneration (from seed)

The renewal of the forest through the dispersal of seeds over the land to be afforested by the forces of nature.

Regime

The general manner in which a forest is regenerated: from seed, from shoots or through a mixture of the two (seed and shoots).

High forest regime

A regime in which stands are usually harvested at advanced ages and regenerated from seed (including through planting)

Coppice regime

A regime in which stands are usually harvested at young ages and regenerated vegetatively (from shoots and root suckers)

Forest regime

The set of technical and legal rules concerning the administration and use of forests and forest land to ensure sustainable management.

Resilience

The ability of an ecosystem to return to its initial state following a disturbance, maintaining its taxonomic composition, structures, functions and process rates.

Change of land-use category

A change in land use while retaining the forest designation, for the purpose of carrying out works and establishing facilities necessary for the administration and sustainable management of the forest fund.

Ring-barking

Removing the bark around the circumference of a tree trunk to cause the tree to die.

Set of minimum conservation measures

A set of measures intended to maintain the current conservation status of habitats and species in protected natural areas without a management plan, until management plans are prepared and approved.

Growing season

The period of the year between the onset of tree growth and the onset of vegetative dormancy.

Ecosystem services

The ecosystem services provided by the forest are the contributions of forest ecosystems from which the owner and society benefit directly or indirectly. Forest ecosystem services, as defined for the purposes of this law, are classified as:

a) Provisioning services, represented by wood and non-wood products;

b) Regulating services, identified through their correspondence with the functional zoning system for forests in functional group I;

c) Cultural services, identified through forests with a socio-cultural role.

Close-to-nature forestry

An approach to forest management that seeks to imitate and support natural forest processes, conserve biodiversity and provide high-quality ecosystem services while also ensuring sustainable wood production.

Native species

Tree or shrub species that occur naturally in Romania, rather than as a result of accidental or deliberate introduction by humans over the centuries.

Stand closure

The stage from which regeneration can develop independently because its constituent specimens attain a density that ensures their mutual influence on growth and development, without further infill planting and maintenance works being necessary.

Financial incentive

A form of financial aid or support granted by the state to owners of FFN land other than the state who undertake voluntary environmental commitments through which they apply biodiversity conservation measures.

Administration structure

A forestry unit or group of forestry units (forestry directorate, autonomous administration), with or without legal personality, established to administer and/or provide services for FFN land.

Timber harvesting site

The space organised for timber harvesting operations, comprising the felling site or sites, timber extraction routes, one or more primary landings, and other facilities, structures and installations necessary for timber harvesting operations. A timber harvesting site may be organised for two or more felling sites harvested simultaneously or successively. Harvesting, extraction and work on the primary landing take place within the timber harvesting site.

Clear-felling

Felling through which the mature stand on a given area is removed entirely in a single operation for the purpose of regeneration.

Authorised felling

Harvesting trees from:

a) felling sites authorised for harvesting, subject to compliance with the legal provisions on assessing timber intended for sale;

b) vegetation outside the FFN, in compliance with the legal provisions on assessing timber intended for sale.

Unauthorised felling

Felling trees without a harvesting authorisation, or trees not designated for removal under the harvesting authorisation.

Land associated with assets sold

The land area in the technical documentation approved for the sale of a Romsilva asset. The area in the technical documentation may not exceed the area of the forest compartment in which the asset is located.

Unproductive land

FFN land of at least 0.1 ha whose site conditions do not allow forest vegetation to become established and develop.

Degraded land outside the forest fund

Degraded land outside the national forest fund — land that has permanently lost its agricultural production capacity through erosion, pollution or the destructive action of human-induced factors, but can be improved through afforestation, namely:

a) land with very severe and excessive surface erosion;

b) land with deep erosion — gullies, ravines, torrents;

c) land affected by active landslides, collapses, subsidence and mudflows;

d) sandy land exposed to erosion by wind or water;

e) land with accumulations of gravel, boulders, scree, rocky outcrops and torrential alluvial deposits;

f) land with permanently excessive moisture;

g) saline or strongly acidic land;

h) land polluted with chemicals, petroleum substances or harmful pollutants;

i) land occupied by mining spoil heaps, industrial or household waste, or borrow pits;

j) unproductive land, provided that it does not constitute natural habitats;

k) land with shifting sands requiring afforestation works to stabilise them;

l) land in any of the categories referred to in points a)–k) that has been improved through forest plantations and from which the vegetation has been removed.

Functional type

All functional categories requiring the same management approach.

Silvicultural treatment

The specific manner in which harvestable timber is harvested and forest regeneration is ensured within the same regime to achieve a particular purpose.

Management target

A characteristic of the structural model of the forest subject to planning, towards whose achievement all regulations and measures envisaged in the forest management plan must be directed; management targets specific to achieving the various structural aspects of the model are established at stand and management-unit levels.

Management unit

All stands within a production unit or forest district intended to achieve similar objectives and subject to separate regulation of the production process. Management units established at production-unit level are also termed “production subunits”, while those established at forest-district level are termed “management series”.

Production unit

A basic territorial unit within which forests form an independent object of organisation and control, and for which a separate forest management plan is prepared.

Standing timber volume

The volume of all trees situated on an area of land covered by them, including the trunk, bark and branches. For coniferous species, branches are not included in tree volume.

Agent Green's requests for the new Forest Code

Brief conclusions:

Agent Green’s specific proposals on the text of the law

Domogled is burning, the state is late and the environment ministry wants to “sanitise” Romania’s forests

Agent Green strengthens its team with a gendarme as it celebrates 17 years of work

Agent Green, Declic and Greenpeace: IFN-III results show the accelerating degradation of Romania’s forests

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Brief conclusions:

Agent Green’s specific proposals on the text of the law

Related articles

Domogled is burning, the state is late and the environment ministry wants to “sanitise” Romania’s forests

Agent Green strengthens its team with a gendarme as it celebrates 17 years of work

Agent Green, Declic and Greenpeace: IFN-III results show the accelerating degradation of Romania’s forests

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