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Law No. 60 Of 22 March 2007 On The Amendment Of Law No. Horticulture 348/2003

Original Language Title:  LEGE nr. 60 din 22 martie 2007 pentru modificarea şi completarea Legii pomiculturii nr. 348/2003

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LEGE no. 60 60 of 22 March 2007 to amend and supplement Law of Pomiculture no. 348/2003
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 212 212 of 28 March 2007



The Romanian Parliament adopts this law + Article I Law of Pomiculture no. 348/2003 , published in the Official Gazette of Romania, Part I, no. 541 of 28 July 2003, shall be amended and supplemented as follows: 1. Article 1 shall read as follows: "" Art. 1. -This law regulates the framework for the development of fruit trees, the establishment and exploitation of fruit plantations, the production and valorization of fruits, based on the scientific foundation and extension of technical progress, under the conditions of organization common market in the fruit sector. " 2. Paragraph 1 of Article 2 shall read as follows: "" Art. 2. -(1) The specialized body of the central public administration in the field elaborating the development strategy of the fruit growing is the Ministry of Agriculture, Forestry and Rural Development. " 3. In Article 2, after letter a), paragraph (2) is inserted a new letter, letter a ^ 1), with the following contents: " a ^ 1) the introduction of competitive species and varieties into culture at European level; '. 4. Article 3 (b) of paragraph 1 shall be repealed. 5. In Article 3, letter c) of paragraph (1) shall read as follows: " c) food safety and the valorisation of fruit and fruit products in quality conditions; '. 6. The title of Chapter II shall read as follows: "" CHAPTER II Tree heritage " 7. In Chapter II, the titles of sections 1 and 2 shall be repealed. 8. Article 4 shall read as follows: "" Art. 4. -(1) The fruit heritage is composed of the following groups: fruit trees and shrubs, regardless of the system of culture, strawberries, fruit nurseries, including land for asolamente, land in preparation for planting and land in intravilan planted with trees, fruit shrubs and strawberries. (2) Keeping the fruit heritage, maintaining and raising the biological value and productive potential of tree plantations, fruit shrubs and strawberries and protecting the environment, water, soil and preserving the ecosystem and the biodiversity of growers. " 9. In Article 5, the introductory part of paragraph 2 shall read as follows: "(2) The system of culture is defined by density, assortments, technologies, technical and economic performance and is classified in the following groups:". 10. Article 6 shall read as follows: "" Art. 6. -(1) The plantations of fruit trees, fruit shrubs and strawberries are mainly carried out in the established areas, on land with ecological conditions favorable to each species, called fruit areas. (2) The fruit areas represent the geographical area of the fruit trees and the fruit shrubs, constitute a distinct category of the land fund and are set out in Annex no. 2. (3) Fruit trees and shrubs located in courtyards, gardens, pastures, meadows, alignments and whose products are not the subject of marketing on the market belong to the category of grated trees and do not stand out in the fruit cadastre. ((4) The records of the razleti trees shall be kept separately for statistical purposes. " 11. Article 7 shall be repealed. 12. Article 8 shall read as follows: "" Art. 8. -(1) The Ministry of Agriculture, Forestry and Rural Development and the Ministry of Administration and Interior organize the inventory of the fruit heritage once every 5 years. ((2) The procedures for carrying out the inventory and the model of forms for the inventory of fruit plantations shall be established by joint order of the Minister of Agriculture, Forestry and Rural Development and the Minister of Administration and Interior. " 13. Article 9 shall read as follows: "" Art. 9. -The technologies for the establishment and maintenance of fruit plantations, by species, are updated and developed by the Institute for Research and Development for Pomiculture Pitesti Maracineni and are distributed through the National Consultancy Agency Agricultural, hereinafter referred to as ANCA. ' 14 articles 10, 11, 12, 13 and 14 shall be repealed. 15. Section 3 of Chapter II becomes Chapter II ^ 1. 16. Article 15 shall read as follows: "" Art. 15. -(1) The establishment of tree plantations, fruit shrubs and strawberries is made in established areas, the choice of species and varieties is the free option of any owner or land holder, on the recommendation of specialists authorized for this purpose, under legal provisions. (2) The planting of fruit trees from the category of trees grated in gardens and courtyards, as well as in the extravilan land is made respecting the distances from the limit of the neighbors ' property, as follows: a) to 2 m of grater or fence, small trees; b) at least 3 m of grater or fence, high-waisted trees. " 17. Article 16 shall read as follows: "" Art. 16. -The Ministry of Agriculture, Forestry and Rural Development and the Research and Development Institute for Pomiculture, through ANCA, make periodic recommendations on the varieties of high performing fruit species, which ensure quality productions, competitive, requested by the market, to be introduced into culture. " 18. Article 17 shall read as follows: "" Art. 17. -The owners and legal holders of land, who wish to establish fruit plantations, shall receive financial aid from the State in accordance with the legislation in force. " 19 paragraphs 1 and 2 of Article 19 shall read as follows: "" Art. 19. -(1) The plantations of trees with an area of more than 0,5 ha and those of fruit shrubs of more than 0,2 ha, located in areas, basins and established centres, shall be established on the basis of the planting permit issued by the directions for agriculture and county rural development and, respectively, the city of Bucharest. (2) For plantations of trees with an area of more than 2 ha and for plantations of fruit shrubs with an area of more than 0,5 ha planting authorization shall be issued on the basis of a project to establish the fruit plantation developed by persons authorized and endorsed by the research and development institute for fruit growing or the fruit research and development resort in the area. " 20. Article 20 shall be repealed. 21. Paragraph 1 of Article 21 shall read as follows: "" Art. 21. -(1) The deforestation of plantations of trees and fruit shrubs of commercial interest belonging to natural or legal persons is made only on the basis of the authorization of grubbing issued by the directions for agriculture and county rural development and, respectively, of the city of Bucharest, under the conditions provided by the legislation in force, and has statistical purpose. " 22. In Article 21, after paragraph 1, two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: " (1 ^ 1) The minimum conditions for authorizing the deforestation of fruit plantations are: a) the plantation presents 60% dry and dry voids and trees; b) the plantation is in decline and shows infections caused by mycoses, bacteria, viruses, the control of which is not justified economically; c) have the normal duration of operation expired; d) in cases when the deforestation of walnut and edible chestnut plantations is requested in massive, the application for grubbing will be accompanied by documents on technical expertise carried out by a research and development institute for agriculture or the fruit research and development resort in the area; the criteria underlying the documentation in order to authorize the cutting of the walnut and edible chestnut specimens, as well as their deforestation when they are in massive are established according to the provisions this law. (1 ^ 2) The application for obtaining the deforestation authorization shall be submitted to the directions for agriculture and rural rural development, respectively of the city of Bucharest, 3 months before the execution of deforestation. " 23. After Article 21, a new article is inserted, Article 21 ^ 1, with the following contents: "" Art. 21 21 ^ 1. -(1) The wood material resulting from the deforestation of the fruit and nut plantations is the property of each legal holder of the plantation and of the razleti trees, which can freely market or use it. (2) In the case of marketing, the wood material must be accompanied by the deforestation authorization issued in accordance with the provisions of this law, as well as the accompanying notice of the wood material. " 24. Article 23 shall read as follows: "" Art. 23. -The crop of nuts in the category of grated trees is also subject to the following special provisions: a) the planting of nuts is made with the propagating material selected, originating from authorized nurseries; the fields subject to erosion can also be planted with local biotypes from forest nurseries; b) the cutting of nuts and edible chestnuts from the category of razleti trees, regardless of the owner, is made on the basis of the model authorization set out in Annex no. 3 3; c) the application for the cutting of edible nuts/chestnuts from the category of razleti trees requested by natural or legal persons shall be submitted at least one month before the execution of the cut, and it shall be verified and approved by the specialists of the directions for agriculture and rural development, respectively of the city of Bucharest; d) the criteria underlying the documentation in order to authorize the cutting of the nuts/edible chestnuts are: 1. trees are aged and present dry branches 60% of the crown; 2. trees are located in a perimeter where objectives of national interest or interest of the local community are to be built; 3. trees are located on the alignments of national roads and the safety of road traffic is endangered. " 25. In Article 24, a new paragraph (2) is inserted, with the following contents: "(2) The nuts and edible chestnuts for which the grubbing authorization has been obtained will be marked according to the system practiced in the marking of forest species." 26. Article 26 shall be repealed. 27. In Article 27, letter a) of paragraph 3 shall read as follows: " a) the products offered by the producers at the special training centre, packing, marking, intended for wholesale or in detail; '. 28. Article 29 shall read as follows: "" Art. 29. --(1) The analysis of fruit which is the subject of sale on the market for human consumption on the content of pesticide residues, contaminants and other substances is mandatory and shall be carried out by accredited laboratories, at least once a year or at request of beneficiaries ((2) The records of treatments and substances used in fruit plantations, intended for the marketing of fruit, shall be kept by producers and shall be subject to the control of the State Inspection for technical control in the production and recovery of vegetables and fruit, body authorized by law for this purpose. " 29. Article 30 shall read as follows: "" Art. 30. -(1) Fresh fruit for human consumption, which is marketed by economic operators, will be accompanied by tax documents in which quality and compliance with marketing standards will be entered by the issuer. (2) Small producers, individuals, who are not organized in associative forms, can market fruits in street or traditional markets in the production area and have the obligation to put products on sale under conditions of quality and hygiene to ensure the protection and food safety of the consumer. ((. The fruits which are subject to export marketing for fresh consumption shall be accompanied by a certificate of conformity with the marketing standard issued by the approved inspection body according to the law. " 30. Article 31 shall read as follows: "" Art. 31. -(1) The processing of fruit for commercial purposes may be made by economic operators authorized for this activity, with their own means or grouped in different forms of cooperation. ((. The fruit intended for industrial processing shall be accompanied by the tax documents of conformity, issued by the manufacturer or trader, as the case may be, on which the industrial destination will be entered, and must present minimum quality conditions. (3) The fruit sold for industrial processing shall be accompanied by an industrial certificate of destination issued by the approved inspection bodies under the law. ((4) The model of the certificate of conformity with the quality standards and the model of the certificate of industrial destination are laid down in the methodological norms for the application of this law. 31. Article 32 shall be repealed. 32. Article 33 shall read as follows: "" Art. 33. -(1) The right of use by producers of names of geographical origin or traditional product for certain consignments of fresh or processed fruit shall be granted by certificate of attestation of the geographical origin, under the conditions laid down in legislation in force. (2) The certificate provided in par. (1) shall be issued by the competent bodies for this purpose, based on the checks made by specialists empowered to control compliance with the conditions imposed for the production of fruit and their processing. " 33 articles 34 to 40 and 43 shall be repealed. 34. Article 44 shall read as follows: "" Art. 44. -The deforestation without authorization of plantations of fruit trees, regardless of the form of property, with an area of more than 0,5 ha, or of plantations of fruit shrubs with an area of more than 0,2 ha, as well as nuts or chestnuts edible, regardless of the system of culture, constitutes contravention and is punishable by a fine of 5,000 lei to 10,000 lei. " 35. Article 45 shall be repealed. 36. Article 46 shall read as follows: "" Art. 46. -It constitutes a contravention and is sanctioned with a fine of 1,000 lei to 5,000 lei the following facts: a) establishment of plantations with areas larger than 0.5 ha of fruit trees and areas larger than 0.2 ha of fruit shrubs by each economic or family operator or extension above this limit of existing ones, without authorization planting, with non-compliance with art. 19 19; b) non-compliance with 27 on the obligation to record in the marketing documents the quality of the product intended for fresh consumption or those intended for industrial processing; c) non-compliance with 29 29 para. ((1) on the analysis of the content of residues, contaminants and other substances, as well as those concerning the evidence of treatments and substances used; d) non-compliance with 33 33 concerning the unauthorised use of the designation of geographical origin or traditional product. ' 37. After Article 46, a new article is inserted, Article 46 ^ 1, with the following contents: "" Art. 46 46 ^ 1. -It constitutes a contravention and is sanctioned with a fine of 1,500 lei to 3,500 lei obstruction of ISCTPVLF inspectors in the exercise of their duties on the control of compliance with the regulations in force by importers, exporters, traders, producers, warehouses and officers of the dispatch centres or any other person involved in the production or marketing of the fruit. ' 38. Article 47 shall be repealed. 39. Article 48 shall read as follows: "" Art. 48. -The finding of contraventions and the application of the sanctions provided for in this law are made by minutes concluded by the competent control bodies of the Ministry of Agriculture, Forestry and Rural Development, Ministry of Public Finance and the Ministry of Administration and Interior, according to their duties according to the law. " 40. Article 52 shall read as follows: "" Art. 52. -Annexes no. 1-3 are an integral part of this law. " 41. Annexes no. 3a) and 3b) become Annex no. 3, with the following contents: "" ANNEX No 3 AUTHORIZATION FOR CUTTING/GRUBBING --model- MINISTRY OF AGRICULTURE, FORESTRY AND RURAL DEVELOPMENT DIRECTORATE FOR AGRICULTURE AND RURAL DEVELOPMENT .................. MINISTRY OF AGRICULTURE, FORESTRY AND RURAL DEVELOPMENT DIRECTORATE FOR AGRICULTURE AND RURAL DEVELOPMENT ................. AUTHORIZATION No. .../...... Economic operator/natural person ..................................., with headquarters/domicile in the commune/city ..................................... county ..........................., requests the cutting/deforestation of .... ha/ pieces nuci/chestnuts edible. Executive Director, ...................... (name and surname) Signature and stamp Date of issue ............... N.B.: The authorization is printed on a single face in the register of 100 tabs and is completed in a single copy. AUTHORIZATION No. ..../..... In accordance with the provisions of the Law no. ............ The economic operator/natural person is authorized ............. with headquarters/domicile in the municipality/city ... county ............................., for the cutting/deforestation of ... ha/pieces nuts/edible chestnuts from the following places: .............. The applicant planted nuts/edible chestnuts ....... ha/pieces in the area .............................. Executive Director, ...................... (name and surname) Signature and stamp Date of issue ............... ' + Article II The methodological norms for the application of this law are approved by order of the Minister of Agriculture, Forestry and Rural Development, within 90 days of its publication in the Official Gazette of Romania, Part I. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, VALER DORNEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, March 22, 2007. No. 60. ---------