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Law No. 144 Of 26 July 2000 (Republished *) *) For The Grant Of Facilities To Persons Residing In Rural Areas That Are In Mountain Areas

Original Language Title:  LEGE nr. 144 din 26 iulie 2000 (*republicată*)*) privind acordarea de facilităţi persoanelor care au domiciliul în localităţile rurale aflate în zonele montane

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LEGE no. 144 144 of 26 July 2000 (* republished *) *) on the granting of facilities to persons residing in rural areas located in mountain areas
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 111 111 of 13 February 2014



--------- Note * *) Republicated pursuant to art. 248 248 of Law no. 187/2012 for the implementation of Law no. 286/2009 on Criminal Code , published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, giving the texts a new numbering. Law no. 144/2000 on the granting of facilities to persons residing in rural localities located in mountain areas was published in the Official Gazette of Romania, Part I, no. 362 of 3 August 2000, and subsequently amended by: - Law no. 229/2006 to amend and supplement Law no. 144/2000 on the granting of facilities to persons residing in rural localities located in mountain areas, published in the Official Gazette of Romania, Part I, no. 501 501 of 9 June 2006. + Article 1 People who are domiciled in rural areas of mountain areas have the right, for the practice of traditional crafts, to a quantity of wood, to be processed in finished and semi-finished products, in order to carry out wood products with cereals necessary for the inhabitants of these areas. + Article 2 (1) For the processing and exploitation by ambulant trade to the inhabitants of the mountain area, who provide their means of subsistence from the practice of wood processing trade in plank, shingles, trimmed beams, barns, barrels, ciubers, donites, vineyards, wooden forks, tool queues, wagon oists and other such products and which do not possess forests, are granted annually, on the basis of the authorization of craftsmen, by the mayor, from forest vegetation outside the fund forest, and forest ocoals of forest directions 10 cubic meters wood material on foot, but no more than 15 cubic feet of family. (2) By family, for the purposes of this law, it is understood the husband, wife and their unmarried children, who manage together. (3) The marketing of raw wood obtained under the conditions of para. ((1) is prohibited. + Article 3 (1) The practice of wood processing is authorized according to the law. (2) Based on the authorization of craftsman and the fulfilment of the conditions provided in art. 2 mayors issue a card. (3) The form and content of the card shall be established by Government decision, within 30 days from the entry into force of this Law. The rights and advantages provided for in this law will be entered in the card. + Article 4 (1) Granting of wood material referred to in art. 2 is made on the basis of application, which is submitted to the mayor of the commune in whose territorial area the applicant resides. (2) The mayor shall verify that the conditions laid down in art. 2, after which it endorses, approves or rejects, as appropriate, the application. (3) The approved applications shall be submitted to the territorial directions of the National Forest Regia-Romsilva until the beginning of the calendar year for which wood material is requested. (4) The territorial forestry departments of the National Forest Regia-Romsilva approve the quantity of wood material to be granted to applicants, submitting the situation of forest ocoals, with distribution on the communes. (5) The mayors and forestry ocoals are obliged to ensure, as a priority, the quantities of wood material, at the approved level for each family. (6) Individuals dissatisfied with the way of settling applications can address with complaint, within 30 days of communication, to the prefect of the county, who will settle it in no more than 15 days. + Article 5 (1) Titulars of the card can capitalize on products processed from wood at fairs, markets, shutters, as well as in other places for commercial activities, being exempt from any tax. (2) When products are transported by rail, the holders of the card shall benefit from the 50% reduction in the legal transmission tariff, and when the products are transported by wagons, they shall enjoy the right to graze the animals on communal pastures encountered on their way, but not more than one day in the area of a locality, being obliged to observe the established grazing rules. (3) The facilitations provided in par. (2) the holders of the card also benefit from the home transport of agricultural products obtained by the valorization of products processed in wood. (4) The holders of the card benefit from a reduction of 50% of the cost of the ticket C.F.R. class II, when they prove that they are moving to capitalize on the products shipped by rail. + Article 6 (1) Wood material with lower degree of processing-plank, beams, beams, vineyards-, which is transported for marketing, will be accompanied by the legal transport documents provided by the legislation in force and by the rules established by the the central public authority responsible for forestry, issued by forestry bodies in the area. (2) Products with a higher degree of processing-donated, chipping, tool tails, barrels, shingles, wooden forks and the like-will be accompanied by the act of provenance of the wood material from which they were made, on which they will be entered. the date of departure, the signature and the stamp of the head of the forest detour in the area, and the authorization of the handyman or the card + Article 7 (1) Newlyweds aged up to 40 years are entitled only once to wood material for construction, in the amount of 25 mc of family. Their requests will be submitted by mayors to the forestry directions of the National Forest Regia-Romsilva, which, through the forest fields in the area, have the obligation to honor them urgently or approve them when the request is made from forest vegetation outside the forest fund or in the forests belonging to the local councils. (2) The mayors will ensure the use of wood material including for the establishment of agritourism (3) Families of young people referred to in par. (1), in which at least one of the members is a graduate of higher education or economic, commercial, tourist, agro-tourism, hotel services, as well as families of young farmers who have completed an attested qualification course are granted, on request, only once, the quantity of 100 mc of wood material necessary for the construction of agritourism hostels, provided they hold a project and a business plan agreed by the National Tourism Authority of the Ministry Economy * *), as well as the opinion of the National Mountain Area Agency * **) and other programs specific rural development within the Ministry of Agriculture and Rural Development and the specialized department within the own apparatus of the county council. ---------- Note ** **) Article 1 of the Government Decision no. 9/2013 on the organization and functioning of the National Tourism Authority, published in the Official Gazette of Romania, Part I, no. 40 40 of 18 January 2013, as amended. Note *** ***) Law no. 26/2012 for approval Government Emergency Ordinance no. 70/2010 on some measures for the reorganization of the Ministry of Agriculture and Rural Development, as well as some structures subordinated to it, published in the Official Gazette of Romania, Part I, no. 167 167 of 14 March 2012. (4) On the basis of the authorization issued by the mayor, the forestry ocoals will grant, on request, the quantity of wood material necessary for the modernization of residential houses, household annexes, as well as for the construction of agritourism hostels. + Article 8 The wood material to which families in mountain areas are entitled, according to art. 2 and 7, for processing, the realization of new constructions and the repair of constructions, shall be paid with a reduction of 50% of the official price established by the forestry bodies. + Article 9 Volume of wood material that is granted according to art. 2 and 7 is established within the maximum annual volume of wood mass legally approved for annual cuts in the country's forests. + Article 10 The provisions of this law do not benefit the person who was sanctioned for committing a crime or contraventions provided by Law no. 46/2008 -Forest Code, with subsequent amendments and completions, in the last 12 months prior to the application for wood material. + Article 11 The prefects of the counties watch the correct application of the provisions of this law by the mayors of the communes and the bodies of the National Forest Regia-Romsilva and take the necessary legal measures. + Article 12 (1) The 50% discounts on the railway and for the wood material assigned by this law shall be borne from the state budget through the budgets of the Ministry of Economy and the Ministry of Environment and Climate Change. (2) The methodological norms for determining the way in which the settlement from the state budget of the reductions provided in art. 8 is approved by Government decision. + Article 13 Within 60 days from the publication of the present law in the Official Gazette of Romania, Part I, on the proposal of the county councils, the Government will adopt a decision on the list of rural localities that are located in mountain areas. + Article 14 This law shall enter into force 60 days after its publication in the Official Gazette of Romania, Part I. ---------