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Law No. 171 Of 16 July 2010 On The Establishment And Sanctioning Of Offenses Forest

Original Language Title:  LEGE nr. 171 din 16 iulie 2010 privind stabilirea şi sancţionarea contravenţiilor silvice

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LEGE no. 171 171 of 16 July 2010 (* updated *) on the establishment and sanctioning of forest contraventions ((updated until 1 January 2012 *)
ISSUER PARLIAMENT




---------- *) The updated form of this normative act until January 1, 2012 is carried out by the legal department of S.C. "Territorial Center of Electronic Computing" S.A. Piatra-Neamt by including all modifications and additions made by RECTIFICATION no. 171 171 of 16 July 2010 ; EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 . The content of this act is not an official document, being intended to inform users The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) It constitutes a forestry offence committed with guilt, established and sanctioned by this law. (2) The penalties applicable for the commission of forest contraventions are: a) the main contravention sanction-fine; b) the complementary contravention sanction-the detention or confiscation of the goods intended, used or resulting from the commission of the forestry contravention and/or the withdrawal of the authorization/certificate, as the case may be. + Article 2 Within the meaning of the present law, the following terms and expressions have the following meanings: a) the mark-the imprint of the special marking device printed in the wood of a shaft by striking at places laid down by the technical rules and containing the specific indication of the special marking device; b) rules on the movement of wood materials-norms regarding the provenance, circulation and marketing of wood materials, the regime of wood materials storage spaces and the round wood processing facilities provided art. 73 73 of Law no. 46/2008 -Forest Code, with subsequent amendments and completions; c) ocol silvic nominated-the forest detour that owns the majority forest area within a locality and which has the obligation to ensure, on a contract basis, the forestry services/administration at the request of the owners in the locality that, according to the territorial arondation approved by the central public authority responsible for forestry; d) design signs-signs of delimitation in forests, specific to the forestry arrangement, which include: subplot lines, plot lines, production unit limits, forest detour limits and landscaping terminals. + Chapter II Forest management + Article 3 It constitutes forest contraventions and is sanctioned with a fine of 500 lei up to 1,000 lei the following facts: a) failure to ensure with continuity of management or forestry services by forest owners through authorized forest ocoals; b) the non-delimitation by the owners of the forest land they hold in accordance with the property deeds and/or the non-maintenance in proper condition of the boundary signs of the property; c) non-submission for registration, by the contracting forestry detour, within 30 days from the date of authentication, to the competent territorial structure of the central public authority responsible for forestry of the contract of forestry management/services concluded with forest owners or modifying acts; d) non-notification in writing, within 5 days from the date of termination of the management contract/forestry services, by the forest detour that ensured the management/forestry services of the competent territorial structure of the central public authority who is responsible for forestry regarding the termination of the contract; in case of repetition of the act, the authorization of practice of the forestry personnel serving as head of the respective forestry detour shall be suspended for a period of 3 months. + Article 4 It constitutes forest contraventions and is sanctioned with a fine of 1,000 lei up to 2,000 lei the following facts: a) non-insurance by road managers and forestry railways of their maintenance and repair; b) failure of the nominated forest detour, at the request of the owner, of his obligations regarding the insurance of the public service with forestry specific for the forests located in the localities within its administrative radius. The sanction applies to the head of the forestry detour. The act does not constitute a contravention if the limits of forest property are not materialized in the field from the fault of the applicant owner. + Chapter III Forest planning + Article 5 It constitutes forest contraventions and is sanctioned with a fine of 1,000 lei up to 5,000 lei the following facts: a) non-compliance with technical norms for the arrangement of forests when collecting data from the field, which determines the modification of forest management measures; b) overcoming the possibility established by the forestry facilities under conditions other than those provided by law; the sanction applies to the head of the forestry detour. + Article 6 It constitutes forest contraventions and is sanctioned with a fine of 500 lei up to 1,000 lei the following facts: a) non-compliance, annually, until January 31 of the year following the year for which the reporting is made, of all the records provided for in the forestry arrangement; the sanction applies to the head of the forestry detour; b) non-compliance by the head of project with the provisions recorded in the preapproval meeting of the technical solutions recorded in the minutes of establishment of technical solutions for the arrangement by the field team, organized for a detour forestry or for an owner; c) non-materialization and/or non-maintenance of the design signs; d) moving the landscaping signs. + Chapter IV Forest integrity, security and forest protection + Article 7 (1) It constitutes forest contraventions and is sanctioned with a fine of 5,000 lei up to 10,000 lei the following facts: a) change without legal approval of the land use category from the national forest fund, in so far as the act does not constitute a crime under the conditions provided for in art. 106 106-108 of Law no. 46/2008 , with subsequent amendments and completions; b) the passage of forest land from the public domain of administrative-territorial units into their private domain by decision of the local council, of the county council, respectively of the General Council of the Municipality of Bucharest; c) the inclusion of forests in the building; d) non-editing of forest land in the forestry circuit at the deadline and/or under the conditions provided for in the temporary occupancy approval; e) exploitation of mineral aggregates on land from the national forest fund without legal approvals; f) non-afforestation within the stipulated period of law of forest areas affected by fires. (2) Sanctions for the facts provided in par. ((1) lit. b) and c) shall apply to the local council/county council or the General Council of Bucharest Municipality, as the case may The decision by which the contravention act was committed is null and void. Nullity is found by the competent administrative court, at the request of any interested person or, as the case may be, of the institution to which the finding agent belongs. + Article 8 (1) It constitutes the following facts: a) cutting, tearing or removing trees from the roots, without right, as well as destruction or injury of trees, seedlings or shoots, if the value of the damage to the forest, established according to the law, is up to 5 times the average price of a cubic meter of wood on the foot, at the time of the finding of the deed, if the constituent elements of the crime provided for in art. 108 108 para. ((1) lit. b) of Law no. 46/2008 , with subsequent amendments and completions. It shall be exempted from the weary usable seed within the limits permitted by the technical rules in force in the prosecutor's offices authorised to operate; b) evading or acquiring without right the wood material, seedlings or shoots from the national forest fund, if the amount of damage established according to the law is up to 5 times the average price of one cubic meter of wood mass per foot, at the time of the deed. ((2) The facts provided in par. ((1) shall be sanctioned as follows: a) with a fine of 500 lei per 1,000 lei if the amount of damage established according to the law is up to the average price of one cubic meter of wood mass per foot, at the time of finding the deed; b) with a fine of 800 lei to 2,000 lei if the amount of damage established according to the law is from 1 to 3 times the average price of one cubic meter of wood mass per foot, at the time of finding the deed; c) with a fine of 2,000 lei to 5,000 lei if the amount of damage established according to the law is from 3 to 5 times the average price of one cubic meter of wood mass per foot, at the time of finding the deed. + Article 9 It constitutes forest contraventions and is sanctioned with a fine of 2,000 lei to 5,000 lei the following facts: a) flooding of land from the national forest fund without right through the construction of dams, thresholds or the like, on the beds of the streams or valleys; b) the lighting of fire in the national forest fund in places other than those specially arranged and marked or at a distance of less than 30 meters from the forest limit; c) damage to roads or forestry railways, art works related to them, facilities, installations, civil constructions, hunting, fish in mountain waters, fencing, forestry propaganda facilities or of those for the protection of forests, barriers or other similar works in the national forest fund; d) deterioration, destruction of degraded land improvement works and/or correction works of torrents from the national forest fund or non-preparation of documentation in order to rehabilitate them; e) the erasure or damage in any way of the marks or current numbers on the trees marked or on the goatee. + Article 10 It constitutes forest contraventions and is sanctioned with a fine of 2,000 lei to 5,000 lei the following facts: a) violation of forest-specific fire protection rules, in areas bordering it, as well as in forest vegetation outside the forest fund; b) failure to carry out the necessary works for the forecast, prevention and ground control of forest diseases and pests, at the deadlines and under the conditions established by the technical norms. + Article 11 It constitutes forest contraventions and is sanctioned with a fine of 600 lei up to 1,000 lei the following facts: a) the sampling of the fertile soil, the humus or the grass trees of the forest fund, by any means; b) the refusal of persons who carry out activities in the national forest fund or in the forest vegetation outside it to participate, at the request of the forestry personnel, in the firefighting actions; c) non-permitting by the owners and/or holders with any title of forests of access to the forests they hold of the persons empowered to carry out necessary observations and measurements in order to carry out the National Programme of soil monitoring-forest vegetation or national forest inventory; d) grazing in the forests where it is prohibited, if the value of the damage to the forest, established according to the law, is up to 5 times the average price of one cubic meter of wood mass per foot, at the time of the finding of the deed. + Article 12 It constitutes forest contraventions and is sanctioned with a fine of 500 lei up to 800 lei the following facts: a) installation in the forest fund of tents, tonettes, caravans, without right or in places other than those approved and delimited by the owner of the respective forest land; b) the location of hives or apiaries in the forest fund public property in other places and under conditions other than those approved; c) bringing and maintaining on the hive heaps installed in the forest fund of domestic animals and birds; d) making fencing in forests without legal approval; e) the passage of domestic animals unaccompanied through forests. + Chapter V Forest regeneration and the enhancement of wood mass + Article 13 It constitutes forest contraventions and is sanctioned with a fine of 2,000 lei up to 5,000 lei the following facts: a) non-performance by the owner or by the forest detour that administers the respective forest fund of the afforestation works in the empty lands intended for afforestation and/or in those entered with legal acts in the forest fund during the period of application of the arrangement; b) the unconstituent and/or non-replenishment by the forest fund manager or forest owners of the forest conservation and regeneration fund under the law; c) non-compliance with the regeneration compositions provided for in the facilities or in the approved specialized studies. + Article 14 It constitutes forest contraventions and is sanctioned with a fine of 1,000 lei up to 3,000 lei the following facts: a) verification, approval, modification or scrapping of an act of enhancement in violation of specific technical norms and/or legal provisions, if the constituent elements of a crime are not met; b) performance of the public service of putting in value the wood mass to forest owners who have not concluded contracts for the provision of forestry services/administration under the law or whose contracts have been suspended or have ceased without the assurance of continuity; c) the enhancement of the wood mass in violation of the specific technical rules in force; d) the enhancement and extraction of cherry specimens in violation of the specific regulations in force, if the constituent elements of the crime provided for in art. 108 108 of Law no. 46/2008 , with subsequent amendments and completions. + Chapter VI Exploitation of wood mass and harvesting of non-wood products + Article 15 It constitutes forest contraventions and is sanctioned with a fine of 5,000 lei up to 10,000 lei the following facts: a) authorization to operate the slopes constituted by restricted cuts, in the eras in which the exploitation is prohibited by the technical norms in force; b) the realization of cutting breeds by joining with another breed cutting, in violation of the legal provisions in force; c) refusal/delay by the holder as defined in section 4.2. 11 11 of the Annex to Law no. 46/2008 , with subsequent amendments and completions, to allow the forestry personnel empowered to control the access and/or exercise of control under the law. If the perpetrator is a forestry personnel, he is suspended for 3 months the authorization of practice, and if the act is committed repeatedly, the authorization of practice shall be cancelled by the issuer, upon referral to the ascertaining agent. + Article 16 It constitutes forest contraventions and is sanctioned with a fine of 1,000 lei up to 3,000 lei the following facts: a) exploitation of wood mass from prosecutors ' offices without exploitation authorization. In the case of the legal person attested for the exploitation of the wood mass committing such an act, the issuing commission shall cancel the exploitation attestation; b) the exploitation of wood mass from the prosecutor's offices outside the time limits provided for in the exploitation authorization; c) leaving in the parquet, at the expiry of the term of reception provided for in the authorization of exploitation, of wood material and/or operating debris on the valleys or along the near-close and transport facilities. If the act is committed repeatedly, the issuing commission shall be required to cancel the exploitation attestation; d) authorization to operate the slopes constituted in forests whose owners have not concluded contracts for the provision of forestry services/administration under the law; e) approval of the execution of high school facilities in violation of legal provisions. + Article 17 It constitutes forest contraventions and is sanctioned with a fine of 800 lei up to 1,000 lei the following facts: a) non-compliance with the technologies and the high school routes provided for in the exploitation authorization; b) removal from the roots or erection from the national forest fund without legal approval of the chips and/or of the operating debris; c) harvesting from the national forest fund of specific non-member products, without the consent of the owner and/or of the forest district that ensures the administration of the forest; d) unauthorized execution of tractor roads or without compliance with approved routes; e) non-execution at term and under the conditions provided for in the authorization to operate the cleaning works of the prosecutor's offices + Article 18 It constitutes forest contraventions and is sanctioned with a fine of 200 lei up to 500 lei the following facts: a) failure to fulfil the obligation for the exploitation of softwood forests to peel the pieces of pine and spruce, in its entirety, and to the fir and to the other resinous, by belt; b) maintenance in the forest and in warehouses for a period of more than 30 days, between April 1 and October 1, of unripe resinous wood. + Chapter VII Control of the application of rules on the movement of wood materials, warehouses and woodworking facilities + Article 19 (1) It constitutes forest contraventions and is sanctioned with a fine of 2,000 lei up to 5,000 lei and the confiscation of wood materials in the following facts: a) the dispatch or transport of wood materials without legal origin; b) the transport of wood materials without the accompanying notices or without the Community documents equivalent to them, provided by the rules on the movement of wood materials in force; c) transport and/or marketing of unmarked Christmas trees with the stamp-stamp provided by the rules on the movement of wood materials in force; d) the transport of wood materials with an accompanying notice which does not have their legal origin; e) the transport of wood materials with an accompanying notice whose validity has expired. The term of validity of the accompanying notice, depending on the transport distances of the wood materials, shall be no more than 72 hours after the time of departure of the consignment, the date and time required to be recorded in this document; f) refusal to control the movement of wood materials, wood material deposits and wood processing plants or to prevent this control; g) the receipt by the staff of the railway operator, the administrator and/or the manager of the railway infrastructure for the dispatch and/or dispatch of the wood materials without the accompanying notices or without the documents community equivalent to them, provided for by the rules on the movement of wood materials in force; h) the receipt by the port operators of the wood materials without the accompanying notices or without the Community documents equivalent to them, provided by the rules on the movement of wood materials in force; i) the receipt, storage and/or processing by the holders of the deposits, of other premises for temporary storage and/or of wood processing facilities with accompanying notice from which the legal origin does not result; j) submission of the customs export declaration for wood materials without the accompanying notice or, as the case may be, without the Community document equivalent to the accompanying notice, provided for by the rules on the movement of wood materials in force; k) receipt, storage and/or processing by deposit holders, other premises for temporary storage and/or wood processing facilities without accompanying notices or without Community documents equivalent to the rules on the movement of wood materials in force; l) sale and/or purchase of wood materials without legal origin or without accompanying notices or documents equivalent to them, provided in the rules on the movement of wood materials in force; m) possession of wood material without legal documents of origin; n) the transport of wood materials which do not correspond from a quantitative and/or qualitative point of view or from the point of view of the species with the data entered in the accompanying notice. (2) It is exempted from the provisions of par. (1) the accompanying notices accompanying the transport of wood materials carried out by means of railway and naval transport, as well as those which have as their destination the export, cases in which the terms of validity are the legal deadlines for the execution of transport contract. + Article 20 It constitutes forest contraventions and is sanctioned with a fine of 1,000 lei to 5,000 lei and the detention in order to establish the provenance of wood materials in the following facts: a) the transport of wood materials with accompanying notice in which they are not specified/completed correctly the date, the same as the date of issue of the opinion, and the time of departure or which presents uncertified or unertified additions or is completed in violation legal provisions; b) the receipt, storage and/or processing by the holders of the deposits, of other premises for temporary storage and/or of wood processing facilities with accompanying notice whose validity has expired; c) receipt, storage and/or processing by deposit holders, of other premises for temporary storage and/or of wood material processing facilities with accompanying notice in which they are not specified/completed correctly the date, the same as the date of issue of the opinion, and the time of departure or with uncertified additions or additions; d) the marketing of wood materials outside the markets, fairs, shutters, stock exchanges and the like, authorized according to the norms on the movement of wood materials. + Article 21 It constitutes forest contraventions and is sanctioned with a fine of 1,000 lei to 5,000 lei the following facts: a) allowing the marketing of wood materials and/or Christmas trees in markets, fairs, shutters, stock exchanges and the like, unauthorized according to the rules on the movement of wood materials in force; b) non-fencing by the holders of deposits, other premises for temporary storage and/or wood processing facilities; c) non-possession or non-payment of the register of entries of entries of wood materials by the holders of deposits, of other spaces for temporary storage and/or of wood processing facilities; d) non-compliance by the issuers with the legal provisions on how to complete and issue the notices accompanying the wood materials; e) the presentation to the customs authority of the accompanying notice or the equivalent document drawn up in violation of the provisions of the rules on the movement of wood materials or containing inconsistencies with the data entered in the customs declaration or in the customs permits issued or in the documents annexed thereto; f) failure to submit the accompanying notice by the carrier to carry out the customs control of the exported wood materials; g) non-surrender in custody to the competent territorial structure of the central public authority responsible for the forestry of rectangular wood marking devices by the legal entities that hold them, in case of cessation of activity for that have been made these devices, the dissolution or reorganization of the legal person, the loss of authorization, either as a result of the expiry of the certificate of attestation in the logging activity, or as a result of the withdrawal of the the competent territorial structure of the central public authority responsible for forestry; h) non-compliance with the legal provisions regarding the declaration of loss, theft or destruction of forms with special regime or documents of origin, accompanying ones, as well as the register of entry-exits of wood materials, provided by the rules on the movement of wood materials in force; i) transport from the place of harvesting of non-marked wood materials with the fingerprint of the rectangular device provided by the rules on the movement of wood materials in force; j) the refusal of the sender to pay the transport expenses of the wood materials confiscated under the law, at the place of storage in custody established by the ascertaining agent; k) refusal of the carrier to transport the confiscated wood materials/retained for confiscation at the place indicated by the ascertaining agent. + Chapter VIII Finding of forest contraventions and application of sanctions + Article 22 ((. Where ascertaining agents find that during transport by rail or naval means the wood materials are not accompanied by the accompanying notice or by the Community document equivalent to it, provided for in the rules on the movement of wood materials, or that they do not have legal origin, the confiscation of wood materials is carried out after their arrival at the station/port of destination, at the place provided for download, with the notice in writing of the recipient about confiscation, by the authorized personnel of the railway operator, the administrator and/or the infrastructure manager/port captain, as appropriate. (2) Wood materials retained/confiscated under the terms of the law of ascertaining agents will be given in custody of the forest detour closest to the place of confiscation. ((3) If at the forest detour referred to in par. ((2) there are no adequate spaces and/or means of loading-unloading, the finding agent shall agree with the forestry detour and another space for the holding in custody of the wood material confiscated or detained for confiscation, including in the holder's premises, with its acceptance. (4) If the retained/confiscated wood materials are in means of transport, the carrier is obliged to transport them, at the expense of the sender, to the place of surrender in custody established by the ascertaining agent. (5) If the wood materials retained/confiscated are not in means of transport, the finding agent will notify the nearest forest detour, which ensures their lifting, transport and storage. The expenses incurred for the lifting, transportation and storage of retained/confiscated wood materials shall be covered by the amounts resulting from the recovery of the retained/confiscated wood materials. (6) In the case of application of the complementary sanction of confiscation, for wood materials that are not found or that cannot be identified, the offender is obliged to pay their value in lei within the legal term, in cash or by transfer, in the account indicated in the minutes. (7) Calculation of the value of wood materials provided in par. (6) is made at reference prices, by species and assortments, established annually in relation to the circulation value of wood materials, by order of the head of the central public authority responsible for forestry, based on the market price, result by calculating the average of the last sales prices, communicated by the managers of the publicly owned forest fund, who sold the respective assortment in the last 6 months. (8) In case of non-payment of the value of the wood materials provided in par. (6), the institution to which the finding agent belongs communicates the debit to the territorial fiscal body competent for forced execution, within 30 days from the expiry of the appeal deadline. + Article 23 The sanction of the contravention fine also applies to legal entities, the minimum and maximum limits of fines increasing by 5 times, except for those provided for legal entities only. + Article 24 (1) They have the obligation and the right to carry out the control, to find the forestry contraventions and to apply the sanctions provided for in this law the following finding agents: a) the forestry personnel of the central public authority responsible for forestry and its territorial structures with specific forestry, empowered for this purpose; b) the forestry personnel of the National Forest Regia-Romsilva and its territorial structures with specific forestry-for forest contraventions committed in the forest fund that they manage/provide forestry services or that they take over for the administration/insurance of forestry services, as well as for the exercise of control of the application of rules on the movement of wood c) the forestry personnel of the higher rank structures and the private forestry ocoals-for forest contraventions committed in the forest fund that they manage/provide forestry services, as well as for the exercise of control enforcement of rules on the movement of wood materials; d) police officers and agents of the Romanian Police and the Romanian Border Police-for the finding of contraventions and the application of sanctions for the facts provided in art. 7 7 para. ((1) lit. a) and b), art. 8 8 para. ((1) lit. a) and b), art. 9 9, 11, 12 and 19-21; e) the officers and sub-officers of the Romanian Gendarmerie for the finding of contraventions and the application of sanctions for the facts provided in art. 9 lit. a) and b), art. 11 lit. a)-d), art. 12 12, art. 17 lit. b) and c), art. 20 lit. d) and art. 21 lit. a) and b); f) forestry personnel within the management structures of national parks and natural parks, empowered for this purpose-for forest contraventions committed in the park they manage, as well as for the exercise of control enforcement of rules on the movement of wood materials; g) officers and sub-officers of the professional services-for emergency situations, for the finding of contraventions and the application of sanctions for the facts provided in art. 9 lit. b), art. 10 lit. a) and art. 11 lit. b). ------------- Lit. g) a par. ((1) art. 24 24 has been amended by RECTIFICATION no. 171 171 of 16 July 2010 , published in MONITORUL OFFICIAL no. 692 692 of 15 October 2010. (2) The finding agents referred to in par. ((1) lit. a)-c) and f) perform a function that involves the exercise of the state authority and receive a control card from the institution to which they belong. (3) The service card of the ascertaining agents referred to in par. ((1) lit. d), e) and g) constitute the control card, provided by this law. + Article 25 (1) The ascertaining agent who applies the sanction also has the detention/confiscation of the goods intended, used or resulting from the forestry contraventions, under the law. In all situations the finding agent describes in the minutes of finding the forest contravention the goods subject to confiscation and take on them the conservation or recovery measures, making the appropriate mentions in the minutes. (2) The ascertaining agent has the obligation to determine who is the owner of the confiscated property and, if they belong to a person other than the offender, in the minutes will be mentioned, if possible, the identification data of its owner will specify the reasons why the identification was not possible. + Article 26 (1) Silvica contraventia is found by a minutes concluded by the ascertaining agent. (2) The ascertaining agent is obliged to inform the offender the right to object to the content of the act of finding the forest contravention. The objections of the offender are distinctly recorded in the minutes of finding the forest contravention under the heading "Objections", under the sanction of nullity of the minutes. (3) The minutes of finding the forest contravention shall be signed on each page by the ascertaining agent and by the offender. If the offender is not present, refuses or cannot sign, the finding agent makes mention of these circumstances, which must be confirmed by at least one witness, under signature. (4) In the absence of a witness, the finding agent will specify the reasons that led to the conclusion of the minutes of finding the forest contravention in this way. + Article 27 (1) The minutes of finding the forest contravention shall be handed down or communicated in copy to the offender and, if applicable, to the injured party and to the owner of the confiscated property. (2) The communication shall be made by the institution to which the ascertaining agent belongs, no later than 30 calendar days from the date of the finding, by post, with notice of receipt, or by display at the premises of the offender. The display shall be recorded in a report signed by at least one witness. (3) If the offender was sanctioned with a fine, as well as if he was obliged to pay the compensation for the damage to the forest, with the minutes he is handed/communicated and the notice of payment. (4) In the notice of payment, the mention is made of the obligation to pay the fine and, as the case may be, the compensation, within 30 days from the communication or 15 days from the resolution of the appeal, otherwise it will be done to enforcement under the law. (5) In case of non-payment of the fine, the institution to which the ascertaining agent belongs communicates the debit to the territorial fiscal body competent for forced execution, within 30 days from the expiry of the appeal deadline. (6) In case of non-payment of damages for damage to the forest, the forest district that manages/provides the forestry services communicates the debit to the competent territorial fiscal body, in order to execute the forced execution, within 30 days from the expiration of the deadline for challenging the minutes of finding the contravention. (7) The execution of the sanction of the contravention fine is as follows: a) by the institution to which the ascertaining agent belongs, if the remedy is not exercised against the minutes of finding the forest contravention within the period provided by law; b) by the court, in the other cases. + Article 28 ((1) The offender may pay no later than 48 hours after the date of conclusion/communication of the minutes half of the minimum of the fine provided for in this law, the ascertaining agent making mention of this possibility in Minutes. (2) In the minutes of finding and sanctioning the forest contraventions shall be indicated both the income account of the state budget, in which the amount is transferred, and the fiscal code of the legal person to which the ascertaining agent belongs. + Article 29 (1) The payment of the fine is made at the cashier of the forest district in whose territory of competence was committed the forestry contravention, at the State Treasury units in whose area the offenders have their headquarters or fiscal domicile or at the cashiers public administration authorities, both in cash and by transfer. (2) The traveller is obliged to submit to the institution of which the ascertaining agent belongs the payment receipt of the fine established by the minutes of forestry contravention and to pay the compensation for the damages caused by the commission Forestry contravention. + Article 30 (1) The contravention sanction shall be determined and applied by the ascertaining agent. (2) If an injury has occurred through the offence committed, the offender is obliged to pay the amount of compensation. (. The amount of compensation shall be calculated by: a) the finding agent, if it is a forestry personnel; b) the forest detour on whose territory the act was committed, in the other cases. (4) In the case provided in par. ((3) lit. b), the institution to which the ascertaining agent belongs requests in writing to the forestry detour to carry out the calculation of the amount of compensation, which has the obligation to respond to the request within 5 working days from its receipt. (5) The calculation of damages for damage to the forest is made according to the provisions Government Emergency Ordinance no. 85/2006 on the establishment of ways of assessing the damage caused to forest vegetation in and outside forests, approved with amendments and additions by Law no. 84/2007 . (6) In addition to the penalty imposed and the payment of the amount of compensation, in the case of forest contraventions for the facts provided in art 6 lit. d), art. 7 7 para. ((1) lit. a), b), e) and f), art. 9 lit. a), c) and d), art. 11 lit. a) and d), art. 12 12, art. 13 13, art. 16 lit. a), art. 17 lit. a), d) and e), the offender is obliged to carry out the necessary works for the return to the original state of the forest fund or, as the case may be, to bear the necessary costs for the realization of these works. ((7) The works necessary for the return to the initial state of the forest fund and their estimated value shall be established by the finding agent or, as the case may be, by the forest detour on whose territory the act was committed. + Article 31 (1) In case of finding the nullity of the minutes of finding the forest contravention, the confiscated goods shall be returned immediately to the one in law. (2) If the goods referred to in par. (1) have been capitalized, the court will order to pay the one in law a compensation that is established in relation to the traffic value of the goods. + Article 32 Against the minutes of finding the forestry contravention and the application of the sanction can be made complaint within 15 days from the date of delivery or communication thereof. + Article 33 (1) The complaint, accompanied by the copy of the minutes of finding the forest contravention, shall be filed at the court in whose constituency the act was committed, under the law. (2) The complaint and the other procedural documents regarding its settlement are exempt from the judicial stamp duty and judicial stamp. + Article 34 The amounts collected from the payment of fines to the forestry contraventions shall be paid to the state budget, in the case of contraventions committed by the legal entities, or, as the case may be, to the local budget, for the contraventions committed by the individuals. ------------- Article 34 has been amended by section 4. 1 1 of art. X of EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 , published in MONITORUL OFFICIAL no. 637 637 of 6 September 2011. + Article 35 The valorization of confiscated goods, except for wood materials, is made according to the regulations on how and conditions for the valorization of goods entered, according to the law, in the private property of the state. + Article 36 (1) The confiscated wood materials, as well as the abandoned ones shall be capitalized by auction, within a maximum of 30 calendar days from the date of confiscation, by the forest detour within which the wood materials were stored in custody. The local tax agent will be invited to serve on the bidding committee. (2) For the conduct of the tender referred to in (1), the forestry detour has the obligation to draw up the sales documentation, to collect the value of the wood materials and to distribute the amounts collected according to the provisions of this law. The tender is announced in the local media and by posters at the premises of the administrative-territorial units and the forest detour within which the wood materials were stored in custody, within a maximum period of 3 working days from the date of Seizure. The tender shall be held within a minimum of 10 days from the date of announcement, and the confiscated wood material which has not sold at an auction may be sold by negotiation. (3) I am an exception to the provisions of para. (1) firewood and Christmas trees confiscated. The confiscated firewood is capitalized in the following order of priorities: nurseries, kindergartens, schools, children's homes, retirement homes, hospitals, mayors, for their own needs. The confiscated Christmas trees shall be used urgently, by auction or by negotiation, without being mandatory the advertising provided in par. ((2). (4) Harnessing the wood materials provided in par. (3) shall be made at prices determined in relation to the circulation value of confiscated wood materials, approved annually by the management of the competent territorial structure of the central public authority responsible for forestry. ((5) The amounts collected from the sale of confiscated wood materials, left after the deduction of custody expenses, the organization of the tender and transport, as the case may be, and the amounts collected from the payment of the confiscated wood materials that do not are found or which cannot be identified, provided for in art. 22 22 para. (5), shall be paid to the state budget, in the fund of improvement of the land fund with forestry destination, where the wood material comes from the forest fund public property of the state, or to the local budgets, where the wood material comes from the forest fund public/private property of administrative-territorial or private property units if the owner is an offender, as well as in the case of abandoned wood materials whose provenance cannot be Established. ------------- Alin. ((5) of art. 36 36 has been amended by section 2 2 of art. X of EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 , published in MONITORUL OFFICIAL no. 637 637 of 6 September 2011. + Article 37 (. The confiscated wood material whose provenance shall be identified shall be made available to the rightful owner, if he is not an offender. (2) The Contravenient is obliged to pay the expenses of storage and security during the custody period for the wood materials provided in par. ((1). + Article 38 (1) For thorough reasons the court may grant a payment period of the fine of no more than 30 days or may order the instalment of payment within a period of no more than 3 months. (2) The court's judgment is final and enforceable + Article 39 (1) If the ascertaining agent considers that the act was committed in such conditions that, according to the criminal law, it constitutes a crime, notifies the competent prosecution body. (2) If the act was pursued as a criminal offence and subsequently determined by the prosecutor or by the court that it constitutes contravention, the act of referral or finding of the act, together with a copy of the resolution, its order, as the case may be, from the court decision, it shall be sent immediately to the body in law to find the forestry contravention, in order to take the necessary measures according to the law. (3) The application of the sanction of the contravention fine is prescribed within 6 months from the date of the act. + Article 40 Repealed. ------------- Article 40 was repealed by point (a). 3 3 of art. X of EMERGENCY ORDINANCE no. 71 71 of 31 August 2011 , published in MONITORUL OFFICIAL no. 637 637 of 6 September 2011. + Chapter IX Final provisions + Article 41 The provisions of this Law shall be supplemented by Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, in so far as this law does not have otherwise. + Article 42 (1) The forestry contraventions are found by the finding agents through the minutes of finding the forest contravention, concluded in 3 copies on forms typified with special regime, which circulate as follows: copy 1 to the offender, copy 2 to the territorial fiscal body competent for enforcement, if no fine and eventual compensation has been paid, and the copy 3 remains with the institution to which the finding agent belongs. (2) The model and the content of the form typified by the minutes of finding the forest contravention are set out in Annex no. 1. (3) The model and the content of the payment notice form are set out in Annex no. 2. ((4) In the case of detention in order to establish the provenance and/or confiscation of wood materials or other non-material products, as well as in the case of detention of detained/confiscated wood materials, the ascertaining agent concludes the minutes detention/confiscation/giving in custody, as the case may be, on the typified form. (5) In order to prove the provenance of the retained wood materials, the finding agent shall establish a period which may not be more than 3 calendar days from the date of conclusion of the minutes of detention. (6) The model and content of the form typified by the minutes of detention/confiscation/giving in custody is set out in Annex no. 3. (7) Printing of the forms provided in par. (2), (3) and (6) shall be carried out by the National Company "Imprimeria Națională" S.A. that will ensure their distribution against the cost of the institutions to which the ascertaining agents referred to in art. 24 24 para. ((1). (8) Until the making and distribution of the forms provided in par. (7), the ascertaining agents use in the activity of finding the printed forms used before the entry into force of this law by the institutions of which the finding agents belong. (9) The model and the content of the control card referred to in art. 24 24 para. ((2) are set out in Annex no. 4. + Article 43 (1) In order to pursue the way of resolving the forest contraventions and to ensure the possibility of finding by the agents ascertaining the situations of repetition of the same act by the offender, for the application of sanctions increased/complementary, as the case may be, shall be a database in electronic system to which all the ascertaining agents referred to in art. 24 24 para. ((1). (2) The elements necessary to establish the database provided in par. ((1), the powers of access to this database, and any other procedures relating to its management, shall be established by protocols concluded between the central public authority responsible for forestry and the institutions to which they belong. ascertaining agents, within 30 days from the date of entry into force of this Law. (3) The provision of personal data in the case of individuals sanctioned under this law shall be ensured through the care of local community public records of persons, at the request of the ascertaining agents, for the purpose of exercising legal duties, without payment of any fee or tariff and in compliance with the provisions Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data, with subsequent amendments and completions. + Article 44 Annexes no. 1-4 are an integral part of this law. + Article 45 This law shall enter into force 30 days from the date of publication in the Official Gazette of Romania, Part I. + Article 46 On the date of entry into force of this Law, the Law no. 31/2000 on the establishment and sanctioning of forest contraventions, published in the Official Gazette of Romania, Part I, no. 144 of 6 April 2000, with subsequent amendments and completions, as well as any other provisions to the contrary. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, July 16, 2010. No. 171. + Annex 1 ((sigla) Ministry of Environment and Forestry Direction of forestry and kinetic inspections/Territorial Inspectorate of forestry and hunting regime Address: ............................................................................. Series ....... No. ....... MINUTES finding the forest contravention Concluded today ...... month ............. year ....... in the locality .................... Undersigned: Function: Job: 1. ..................................................................... 2. ..................................................................... 3. ..................................................................... on the basis Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, and of .........................., we found that: The perpetrator ........................, with headquarters ........................., registered in the trade register no. .................., fiscal code ................, represented by the said ..........................., said ......................., domiciled in the county ................, locality ................., address ......................., son of ................. and of .................., occupation .................., job .........................., owner of BI (CI) /passport series ....... no. ................., CNP | _ | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |, issued by ................... on ................, on the day of ............... month ................ year ........., around the hours ........., in the place called ................. of the radius The Forest District .............................., within the commune of ............................, county ..................... committed the facts: ...................................................... .......................................................................... .......................................................................... in the following circumstances/details/aggravating circumstances ................................., by violating the provisions ........................................., causing a damage of ............. lei, according to the attached calculation sheet, which is an integral part of the present minutes. They were detained for confiscation, based on art. .................., the following things (goods): .........................................., which belong to ............................... and surrender in custody of the said .............................., domiciled in ........................., the county ......................, function ..................... at .........................., owner of BI (CI) series ......... no. ......................, CNP | _ | | | | | | | | | | | | | | | | | | | | | | | | | | | |. Storage is in place ............................................................................. In accordance with art. ......................, the economic operator is obliged to pay the value of the following wood materials, according to the attached calculation, which is an integral part of the present minutes: .......................................................................... ........................................................................ ......................................................................... The finding body proposes/applies: 1. fine of ........... lei, according to art. .......... .......... of .....................; 2. fine of .......... lei, according to art. ......... ......... of ................. 3. fine of ............. lei, according to art. ......... of ............., in total a fine of .............. lei. Because the conditions laid down in art. .......... of ............, the perpetrator can/cannot pay within 48 hours half of the legal minimum of the fine, namely the amount of ............ lei. A copy of the receipt, in this case, shall be handed over by the offender to the ascertaining agent or sent by post to the institution to which the ascertaining agent belongs. Other terms (objections of the offender) ...................................................................... The offender is not a girl/refuse/cannot sign the minutes. He was a witness (if there are no witnesses shown the reason) ..........................................., domiciled in ..............., office ................., job .................., BI/CI series ........ no. .................., CNP | _ | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | |. ........................, and the compensation in account no. .................., within 15 days of communication, and a copy of the proof of payment will be communicated by post or fax to our institution. With the right of complaint within 15 days from the date of communication to the court within which the act was committed. + Annex 2 * * 1) ........................................... ........................................... ........................................... PAYMENT NOTICE for the debtor: Name and surname ....................., first name of the parents .........................., date and place of birth .............................., current permanent residence ................................., CNP ........................, BI/CI series ........ ........ No. ..........., issued by the Police ......................... on the date of ....................., occupation ...................., job ........................... Based on the minutes of finding and sanctioning the forest contraventions concluded on the day of ........... month .............. year ......... at .............., we communicate this notice of payment for the total amount of ............ lei, constituted debit at our institution in your name. After passing the deadline provided for in the above-mentioned minutes, it becomes enforceable, without any other formality, and is subject to forced execution, under the conditions of the mandatory legal provisions on the forced execution of claims budgeting. This notice of payment is communicated to you, as a budget debtor, according to the normative acts in force, for opposability, together with the minutes in question. The offender is not present/refused/cannot sign. Confirmed by the witness: Name and surname ..................., first name of the parents .............. and .................., date and place of birth ..................., current permanent residence ........................, CNP ........................., BI/CI series ........ no. ............., issued by the Police ..................... on the date of ..........., occupation ......................., workplace .................................. The finding agents, 1. ........................... 2. ........................... I was handed and received a copy of the notice of payment, today, the day ....... month ............ year ............ ............................................................. ((name, surname and signature of the offender) ___________ * *. The name of the institution to which the finding agent belongs. + Annex 3 * * 1) .......................................... .......................................... ........................................... MINUTES (of the custody of the detained property for the establishment of proveniance/confiscated) 1. Date of conclusion ................ /................ 2. Place of conclusion ................................... 3. Finding agents: ┌ ---- [...] [...] [...] [...] | | Name and surname | Function | Job | ├ ---- [...] [...] [...] | a) | | | | | ├ ---- [...] [...] [...] | b) | | | | | └ ---- [...] [...] [...] [...] 4. We have found on the occasion of the following: .......................................................................... .......................................................................... .......................................................................... .......................................................................... 5. The issues found constitute forest contraventions and were sanctioned in accordance with the normative act ................., through the Minutes of finding and sanctioning the forest contravention no. .............. ............... 6. The detention was made in order to establish the origin/confiscation of the following goods: 6.1. acquired through the act committed: ┌ ---- [...] [...] [...] [...] [...] [...] | | No. | Sortiment | U.M. | Quantities | Unit price | Total value | | | | | | (lei/U.M.) | (lei) | ├ ---- [...] [...] [...] [...] [...] | | | | | | | | └ ---- [...] [...] [...] [...] [...] [...] 6.2. who served at the act: ................................ .......................................................................... .......................................................................... .......................................................................... 7. The goods were detained/confiscated from the said ........................, residing in the commune (city) ..................., str. ........................ ........................ No. ..........., County ....................., which has the status of offender/transport attendant/representative of S.C. ......................../buyer. 8. The objections of the one from which the detention/confiscation was made are: ... .......................................................................... .......................................................................... 9. The assets retained/confiscated were given in custody to Mrs./Mr. ....................., having the position of ................ at .............., owner/owner/of B.I./C.I. series .......... no. ................, issued by the Police .................... on ......../........./.........., residing in the commune (city) ................ str. ................. ................. No. .........., County ............... 10. In order to prove the origin of the retained goods is given until ........../........../..........., when the finding bodies will be presented to the finding legal documents. Otherwise, it is ordered by the finding bodies the confiscation of the retained goods. 11. The goods retained for the purpose of establishing the provenance were returned to the owner for the following reasons: .......................................................................... .......................................................................... 12. Following the analysis of the documents was ordered CONFISCATION on ................. by ..................., having the function of ................... at .................. 13. After the valorization of the confiscated 6.1, after the control remain in the management/custody of the said ..................... the following goods: *Font 9 * ┌ ---- [...] [...] [...] [...] [...] [...] | | No. | Assortment | U.M. | Quantity | Value | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Confiscated | Capitalized | Management | Confiscated | Capitalized | Management | ├ ---- [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | ├ ---- [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | ├ ---- [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | ├ ---- [...] [...] [...] [...] [...] [...] [...] [...] [...] | | | | | | | | | | | | └ ---- [...] [...] [...] [...] [...] [...] [...] [...] [...] [...] The goods were capitalized according to receipts no. .................................. 14. The present minutes ended in 4 (four) copies, of which: -one to the finding agent; -one to the perpetrator; -one at the custodian; -one on accounting * 1) ......................., for the management of confiscated property. __________ * * 1) The name and address of the institution to which the finding agent belongs. Ascertaining agents, a) .......................... b) .......................... Trespasser, ........................ Custodian, ........................ + Annex 4 __________ NOTE (CTCE) Annex 4 is found in the Official Gazette of Romania, Part I, no. 513 of 23 July 2010, on page 12 (see the associated image). ----