LEGE no. 133 133 of 8 June 2015 to amend and supplement Law no. 46/2008 --Forest Code
ISSUER
PARLIAMENT
Published in OFFICIAL MONITOR no. 411 411 of 10 June 2015
The Romanian Parliament adopts this law + Article I Law no. 46/2008 -Forest Code, published in the Official Gazette of Romania, Part I, no. 238 of 27 March 2008, as amended and supplemented, shall be amended and supplemented as follows: 1. In Article 1, paragraph 1 shall be amended and shall read as follows: "" Art. 1. -(1) Totality of forests, land for afforestation, those serving the needs of culture, production or forestry, ponds, albides of the streams, other land with forest destination, including non-productive land, contained in forestry facilities on January 1, 1990, including with surface changes, according to the operations of intra-exits carried out under the law, constitute, regardless of the form of property, the national forest fund. " 2. In Article 1 (2), letter g) shall be amended and shall read as follows: " g) the land occupied by construction and their related yards: administrative premises, cottages, phasaneries, trout, livestock farmers of hunting interest, roads and railways of transport, industrial premises, other technical facilities specific to the forestry sector, temporarily occupied land and those affected by tasks and/or disputes, as well as forest land within the border corridor and the state border protection strip and those intended to achieve objectives within the Integrated State Border Security System; " 3. Article 1 (2), points i), j) and k) shall be repealed. 4. in Article 2 (2), points a), c) and d) shall be amended and shall read as follows: " a) the land with forest use contained in the forestry facilities on January 1, 1990, including with the surface changes, according to the operations of intra-exits carried out under the law; ............................................................. c) the land on which the jnepenises are installed; ... d) land covered with wooded grassland with a consistency greater than or equal to 0,4, calculated only for the area actually occupied by forest vegetation; " ... 5. In Article 2 (2), after letter d) a new letter, letter e) is inserted, with the following contents: " e) plantations with forest species in areas of protection of hydrotechnical works and land improvements made on public property land of the state, which meet the conditions provided in art. 2 2 para. ((1). ' 6. in Article 3, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The evidence of the management of forest land public property by the administrator shall be made according to the law and on the basis of forestry facilities, under the conditions of the forestry regime." 7. In Article 5, after letter k) two new letters, letters l) and m) are inserted, with the following contents: " l) forest management on the principle of territoriality; m) mitigating the consequences of climate change on forests and adapting forests to climate change. " ... 8. In Article 9, paragraph 5 shall be amended and shall read as follows: " (5) The specialized territorial structures of the central public authority responsible for forestry shall be established for the minimum forest fund area, as follows: a) 60,000 ha in the plain area; ... b) 120,000 ha in the hill area; ... c) 180,000 ha in the mountain area. " ... 9. Article 10 is amended and shall read as follows: "" Art. 10. -(1) It is mandatory to administer or, as the case may be, to provide forestry services for the entire national forest fund, regardless of the form of property, through forest ocoals. For the publicly owned forest fund of the state owned by the Forest Research and Amenajari Institute, which is reorganized in the National Institute for Research and Development in Forestry "Marin Dracea", the administration is carried out by the structures within it. (2) The administration, as well as the forestry services, as the case may be, shall be ensured by authorized forest coals, hereinafter referred to as forestry ocoals, which are of two types: ... a) forest state ocoals-from the structure of the National Forest Regia-Romsilva and from the structure of the Autonomous Regia Administration of the State Protocol Heritage, which manages the public property forest fund of the state and which are established of these; the Forest Research and Amenajari Institute, which is reorganized in the Institute for Research and Development in Forestry "Marin Dracea", can ensure the administration through experimental bases, which assimilate to the state forest, but only for the publicly owned forest fund of the State for which it quality of administrator, according to the law ... b) forest ocoals of regime, which are established, under the law, by administrative-territorial units, by individuals or by legal entities that have forest fund or associations constituted by them. ... (3) The forestry omelals referred to in par. (2) are of public interest and may administer or provide forestry services, as the case may be, and for other forest properties, on the basis of contracts, which constitute enforceable title with respect to the amounts owed by the owner for his administration or providing forestry services, as the case may be, except for the own forest detour of the Autonomous Regia Administration of the State Protocol Heritage, which can ensure the administration or forestry services only for the forest fund that it has in own administration. ... (4) In the associative forms of property to which the state owns land with forest vegetation, the state is represented in its rights by the Ministry of Public Finance. " ... 10. In Article 11, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 11. -(1) The publicly owned forest fund of the state is administered by the National Forest Regia-Romsilva, autonomous direction of national interest, under the authority of the state, through the central public authority responsible for forestry, The Institute for Forest Research and Fines, which is reorganized in the National Institute for Research and Development in Forestry "Marin Dracea" and by the Autonomous Regia Administration of the State Protocol Heritage, through its own forest detour constituted under the law. .......................................................... (3) The publicly owned forest fund of the state cannot be leased, with the following exceptions: ... a) land related to assets that are sold, under the law, by the National Forest Regia-Romsilva, during the existence of construction, but not more than 49 years from the date of conclusion of the concession contract; ... b) land related to the objectives built before 1990, other than those provided for in Law on electricity and natural gas no. 123/2012 , with subsequent amendments and completions, in operation on the date of entry into force of this Law, for the duration of the objectives, but not more than 49 years from the date of conclusion of the concession contract, provided that objective. " ... 11. In Article 11 (7), points b) and e) shall be amended and shall read as follows: " b) the management of the forest fund of other owners than the state or provision of services for the forest fund of other owners, the rental of goods, under the law; ............................................................. e) the value of the services of forest ecosystems ensured by maintaining the protection functions of forests, which are borne by the direct or indirect beneficiaries of the services of forest ecosystems, which turn into the improvement of the land fund with forestry destination, the methodology for the quantification of forest protection functions and the procedure for their settlement shall be approved by order of the head of the central public authority responsible for forestry; " ... 12. In Article 11 (7), after letter f) a new letter, letter f ^ 1) is inserted, with the following contents: "f ^ 1) 20% of rents for temporary land-based assets in the publicly owned forest fund of the state;" 13. In Article 11, after paragraph 8, two new paragraphs are inserted, paragraphs 9 and 10, with the following contents: " (9) In disputes relating to the right of administration of the publicly owned forest fund, the holder of this right will stand in court in his own name. (10) In disputes relating to the ownership of the publicly owned forest fund of the state, the holder of the right of administration has the obligation to show the court who is the holder of the property right, according to Code of civil procedure. The holder of the right of administration shall, under the law, be liable for damages caused as a result of failure to fulfil these obligations. ... 14. Article 12 is amended and shall read as follows: "" Art. 12. -(1) The publicly owned forest fund of the administrative-territorial units is administered by forestry regime, which operates as autonomous kings of local interest, or on the basis of contracts with state forest ocoals, as it is regulated in art. 10 10 para. ((2) and (3). (2) The forestry system of regime that does not function as autonomous kings of local interest may provide forestry services for the forest fund public property of administrative-territorial units. " ... 15. In Article 13, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 13. -(1) For the privately owned forest fund of natural and legal persons, the management and/or forestry services are carried out through forest ocoals of the regime, which operate similarly to associations and foundations or as regulated companies of Company law no. 31/1990 , republished, with subsequent amendments and completions, or on the basis of contract with other forestry ocoals. (2) The forestry Ocoals provided in par. ((1) may be constituted by both their owners and their associations and may operate under higher-ranking forestry structures. " ... 16. In Article 14, paragraph 1 shall be amended and shall read as follows: "" Art. 14. -(1) The forestry Ocoals provided for in art. 12 and 13 have legal personality, draw up the balance, own accounting balance, have annual budget of income and separate expenses, available to them. " 17. in Article 14, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) Forest District which does not meet the condition provided in par. (2), until 31 March of the current year, after the prior notification made by the central public authority responsible for forestry, the right of use of the special marking devices with a round mark shall be suspended until fulfilling the condition. " 18. In Article 14, paragraphs 3 and 4 shall be amended and shall read as follows: " (3) The management and legal representation of the regime forestry shall be ensured by the head of the forest detour, appointed by the sole proprietor, the local council, the board of directors or the general meeting, as the case may be, with the opinion of the central public authority which responds to forestry. The management of the state forest district is provided by the head of detour, who is appointed by competition, by the management of the National Forest Regia unit-Romsilva. (4) The heads of the forestry ocoals provided in art. 10 10 para. (2) and the leaders of the senior forestry structures are employed with an indefinite employment contract and must have the age of at least 5 years and 8 years respectively, as engineers with forestry higher education in the field of forestry, according to regulations in force. " ... 19. in Article 14, after paragraph 4, a new paragraph (5) is inserted, with the following contents: " (5) Forest District whose head is not appointed under the conditions of par. ((3) and (4) shall be withdrawn, after a period of 45 days from the date of failure to meet the conditions, the operating authorization issued by the central public authority responsible for forestry. " 20. In Article 15 (5), letter c) shall be amended and shall read as follows: " c) the value of the services of forest ecosystems ensured by the maintenance of forest protection functions, which shall be borne by direct or indirect beneficiaries of forest ecosystem services, which shall be transferred to the improvement of the land fund with forestry destination; " 21. In Article 15 (5), after letter h) a new letter, letter i) is inserted, with the following contents: "" i) the use of carbon credits. " 22. Article 16 is amended and shall read as follows: "" Art. 16. -(1) Administration, as well as forestry services, as appropriate, shall be ensured in compliance with the principle of territoriality. (2) Forest District is constituted, operates and ensures the administration and/or forestry services for forest areas within the territorial limits of the county in which they have their registered office and in the counties bordering it, with respect for the territorial principle. ... (3) It is an exception to the provisions of para. (2) the sole owner who owns forest fund and in counties other than the county where the forest district has its registered office and in the counties bordering it, which may constitute a forest detour of the regime, in compliance with the provisions this law. ... (4) The forest cover that manages and/or provides the forestry services in the proximity of a forest fund area public or private property of an administrative-territorial unit or private property of natural and legal persons is obliged to provide, on a contract basis, the management/forestry services, at the written request of the owner. ... (5) In the situation of the forest fund for which there is no administration or for which the forestry services are not provided, when taking them for administration, respectively for the provision of forestry services, background control is carried out by the forestry detour to conclude an administration or forestry service contract, as applicable. '; ... 23. In Article 17, paragraph 1 shall be amended and shall read as follows: "" Art. 17. --(1) Compliance with the forestry regime is mandatory for all forest owners or owners. " 24. In Article 17 (2), points a) and i) shall be amended and shall read as follows: " a) to ensure the elaboration and comply with the provisions of the forestry facilities and to ensure the management/forestry services for the forest fund located in the property, under the law; ................................................................ i) to have delimited the forest fund located in the property, in accordance with the property documents or cadastral documents, as the case may be, by means of boundary signs, and to maintain them in proper condition; " ... 25. In Article 17, paragraph 3 shall be amended and shall read as follows: " (3) In case of administration of the forest fund through authorized forest ocoals, the obligations provided in par. (2) belong to them, except for the one provided in par. ((2) lit. i). " 26. In Article 18, the introductory part shall be amended and shall read as follows: "" Art. 18. -Forest vegetation owners on land outside the forest fund have the following obligations: " 27. In Article 19, paragraph 1 shall be amended and shall read as follows: "" Art. 19. -(1) The management of the national forest fund shall be regulated by the forestry facilities, which are the basis of the specialized cadastre and the title of state property for the forest fund public property of the state. " 28. In Article 20, paragraph 1 shall be amended and shall read as follows: "" Art. 20. -(1) Forest security shall be drawn up on production and/or protective units, in compliance with the technical rules of arrangement. Regulation of the production process for forests on properties with surfaces of less than 100 ha, included in production/protection units constituted in the territory of the same commune, respectively to the same city or municipality, is made at the level of arboretum, provided that continuity is ensured at this level, applying appropriate treatments. " 29. In Article 20, after paragraph (1), two new paragraphs are inserted, paragraphs 1 ^ 1 and 1 ^ 2, with the following contents: " (1 ^ 1) The preparation of forestry facilities is mandatory for forest fund properties of more than 10 ha. ((1 ^ 2) The owner who has a contract of administration or forestry services for a minimum period of 10 years for the forest fund of a property with an area of not more than 10 ha may harvest a volume of maximum 3 mc/year/ha from this forest property, depending on the structural characteristics of the tree. " 30. In Article 20, paragraphs 2 and 5 shall be amended and shall read as follows: " (2) The technical rules provided in par. (1) shall be elaborated and approved by the central public authority responsible for forestry, in collaboration with the Academy of Agricultural and Forestry Sciences "Gheorghe Ionescu-Sisesti", with other specialized institutions and non-governmental organizations, respecting the following principles: a) the principle of continuity and permanence of forests; ... b) the functional effectiveness principle; ... c) the principle of conservation and improvement of biodiversity; ... d) economic principle. ... ................................................................. (5) If the forestry arrangement includes several properties, at the request of the owners, the specialized company authorized for forest development works shall issue an extract of the arrangement, with the appropriate information each property. " ... 31. in Article 20, after paragraph 7, a new paragraph (8) is inserted, with the following contents: " (8) The exploitation of wood mass on the basis of a forestry arrangement is based on the exploitation authorizations issued by the head of the forestry detour, which include obligations relating to environmental protection conditions for conduct of business and measures to monitor it. " 32. in Article 21, paragraph 3 (b) and paragraph 4 shall be amended and shall read as follows: " b) owner, for forest background areas of more than 10 ha or administrator if the owner has established the forest detour of the regime and who manages its forest fund. ((4) The expenditure on the development of forestry arrangements shall be borne by the breeding fund of the land-based fund, for the area of not more than 10 ha/property, whether or not it is in an association, the one Notarial authenticated. " ... 33. In Article 22, paragraph 2 shall be amended and shall read as follows: " (2) In the period from 1 to 31 January, the forestry ocoals are obliged to transmit to the territorial forestry structures subordinated to the central public authority responsible for forestry the comparative situation between the provisions of the forestry arrangement and the forestry works actually carried out in the previous year, at the level of the production unit. ' 34. In Article 23, paragraph 1 shall be amended and shall read as follows: "" Art. 23. --(1) Forests, as defined by this Code which, prior to its entry into force, were part of the category of forest vegetation on land outside the national forest fund, become a national forest fund and shall be it integrates into existing production and/or protection units or is constituted in new production and/or protection units, if the conditions imposed by the technical rules for the arrangement of forests are met. " 35. In Article 24, paragraph 1 shall be amended and shall read as follows: "" Art. 24. -(1) In the case of forest vegetation on land outside the forest fund, as defined in this Code, and any other land, the owner may opt for their inclusion in the national forest fund, in which case the draw up forestry design or include an existing forestry arrangement. " 36. in Article 25, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) In order to quantify the volume of wood not harvested as a result of the establishment of protective measures, for forests classified in functional group I, for which the wood production process is not regulated, the forestry arrangement will provide distinctly and regulating the production process for them, considering them classified in the second group functional. " 37. Article 26 is amended and shall read as follows: "" Art. 26. -(1) For the conservation and improvement of biodiversity will be taken into account its 4 forms: genetics, species, ecosystem, landscape. (2) The establishment of protected natural areas in the forest fund is carried out according to the specific legislation in force, with the prior opinion of the central public authority responsible for forestry. ... (3) The virgin and quasi-virgin forests will be strictly protected and will be included in the "National Catalogue of the Virgin and Cvasivirgine Forests", constituted as an instrument of record and management by order of the head of the central public authority which Answer the forestry. For the recognition of the exceptional value and the provision of long-term protection, virgin and quasi-virgin forests will be included, as the case may be, in the UNESCO World Heritage Site, scientific reserves and/or their integration into the strict protection zones of national or natural parks. ... (4) The conservation and improvement of biodiversity is achieved by: ... a) conservation of the mosaic forest landscape by maintaining luminaries, poiens, land for food and tranquillity of wildlife and marginal habitats; ... b) creation of stands with diversified structures, having compositions conforming to the fundamental natural type of forest and applying intensive treatments, as well as other forestry practices conducive to the conservation and improvement of biodiversity and regeneration natural of the stands; ... c) conservation in the necessary ecological limits of dead wood on the ground and on the foot. " ... 38. In Article 29, paragraphs 1, 2, 4 and 5 shall be amended and shall read as follows: "" Art. 29. -(1) Breed cuts shall be permitted only in the spruce tree with an equine and relatively equine structure, pine, euramerican poplar, selected willow, and in the case of substitution or restoration of stands, where no other application is possible. treatments. (2) In the situations provided in par. (1), the size of the forest area covered by shaved cuts is a maximum of 3 ha, except for the euramerican poplar and willow trees selected, located in the dammed enclosures, which require the mechanized preparation of the land, in which case area is not more than 5 ha. Between the surfaces covered with cuts breeds will keep a distance of at least two heights of trees. ... ............................................................ (4) Realization in a tree of a grated cut by joining with another grated cut is allowed only after the closure of the massive state in the previously cut surface. If the massive state is not completed within a period of 7 years from the first grated cut, it is allowed to join, provided that the full afforestation of the previously cut surface is ensured. Execution in a tree of a breed, unique, is only allowed in the situation where the neighboring perimeter stands provided the state of massive. ... ((5) Breed cuts in national parks and natural parks shall be prohibited, with the exception of stands where natural regeneration cannot be ensured by other cuts. " ... 39. In Article 30, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 30. -(1) The works of artificial regeneration and completion of natural regenerations shall be carried out within no more than two seasons of vegetation from the single or definitive cutting. ((2) The works of regeneration, maintenance of semintises and plantations and tree care must be carried out so as to carry out the compositions established by the forestry facilities and/or through the specialized studies. " ... 40. In Article 30, after paragraph 4, two new paragraphs, paragraphs 5 and 6 shall be inserted, with the following contents: " (5) The works of regeneration, maintenance of semintises and plantations, as well as of tree care are carried out by forest ocoals or by legal persons attested under the law. (6) The Regulation and the criteria for the attestation of legal persons referred to in ((5) is approved by order of the head of the central public authority responsible for forestry, in consultation with associations and professional organizations and associative structures of local authorities. " ... 41. In Article 32, paragraph 3 shall be amended and shall read as follows: " (3) The estimate provided in par. (1), expressly accepted or tacitly tacitly by the owner, within 30 calendar days from the date of communication, shall constitute enforceable title, being the basis for the execution of the reclamation works. " 42. Article 33 (2), points a), c), f) and g) shall be amended and shall read as follows: " a) the value of the land permanently removed from the publicly owned forest fund of the state, if no land is offered in compensation; ............................................................ c) 30% of the amount of the rent, for temporary occupation of land from the public property forest fund of the state; ... ............................................................ f) 10-25% of the value of wood mass authorized for exploitation, derived from main and accidental products I, calculated at the level of the average price of one cubic meter of wood mass per foot; for the forest fund public property of the state, the level of the annual percentage, in the case of main products, is established by the National Forest Regia-Romsilva, respectively by the Institute for Research and Forest Fines, which is reorganized in the National Institute of Research and Development in Forestry "Marin Dracea", and by the Autonomous Regia Administration of Heritage The State Protocol, through its own forest district; for the other forms of forest property, the level of the annual percentage, in the case of main products, shall be established by the forestry fields provided for in art. 10 10 para. ((2) lit. b); ... g) the amounts representing the expenses of installation/resettlement of forest vegetation for land subject to temporary compensation/occupation, as well as the necessary expenses until the realization of the massive state for the lands in the fund national forestry; ' ... 43. Article 33 (3), points c), g) and h) shall be amended and shall read as follows: " c) resettlement of the forest on land temporarily occupied from the national forest fund; ............................................................. g) carrying out the works of release and cleaning; ... h) purchase of land with agricultural or forestry destination, under the law; " ... 44. in Article 33 (3), after letter h), three new letters, letters i), j) and k) shall be inserted, with the following contents: " i) the management of forests with special protective functions, given that the wood production process is not regulated; j) conduct of forest protection studies and works; ... k) fencing of land on which natural regenerations and plantations are installed. " ... 45. In Article 33, paragraphs 4 and 7 shall be amended and shall read as follows: " (4) Establishment of the forest conservation and regeneration fund for the resources provided in par. ((2) lit. f) is made on the date of their recovery. The supply of the forest conservation and regeneration fund is made on the date when the resources provided in par. (2) become chargeable. ..................................................................... (7) In the case of the privately owned forest fund of natural and legal persons and public and private property of administrative-territorial units, after covering the expenses from the forest conservation and regeneration fund for the destinations referred to in par. ((3) lit. a)-d), the remaining amounts available shall be returned, upon request, to the owner. " ... 46. In Article 36, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) On request, the applicant of the land on which the objectives provided in par. (1) may compensate the requested area, in which case the value of the land to be permanently removed from the national forest fund is no longer paid, but the other monetary obligations shall be paid in advance. ((3) The compensation provided in par. ((2) is carried out with land whose surface and value are at least equal to the area and the value of the land which is subject to removal from the national forest fund. " ... 47. in Article 36, after paragraph 3, a new paragraph (4) is inserted, with the following contents: " (4) By exception to par. (2), the reduction of the national forest fund by permanently removing some publicly owned land of the state, in the area of up to 400 sqm, in order to achieve objectives within the Integrated State Border Security System, shall be achieve without compensation and without payment of other monetary obligations, at the request of the Ministry of Internal Affairs 48. Article 37 is amended and shall read as follows: "" Art. 37. -(1) They can be permanently removed from the national forest fund, provided that they are compensated, without reducing the area of the forest fund and with the early payment of the money obligations, only the land necessary to achieve or extend the following categories of works and objectives: a) exploitation of mineral resources provided in art. 2 2 para. ((1) of Law no. 85/2003-Mining Law, with subsequent amendments and completions; ... b) touristic, recreational objectives, including tourist reception structures, cult units, sports, medical objectives, as well as social objectives made only by the social service providers; for the administrative territory in the areas of economic interest of the "Danube Delta" Biosphere Reserve can be made mooring pontoons for tourist and recreational craft and food and fuel supply, floating pontoons and fishing shelters for fishermen. constituted in associations; ... c) housing or holiday homes, only in the private property forest fund of natural and legal persons; ... d) objectives installed in the national forest fund before 1990, as well as the areas related to the assets sold, under the law, by the National Forest Regia-Romsilva; ... e) sources and networks of water and sewerage, sources and networks of energy from conventional or renewable resources, communications networks and systems, roads of county and local interest, recreational parks, theme parks and/or educational, as well as works and/or hydrotechnical and fish farming; ... f) exploration of the following mineral resources: coal, useful rocks, mineral aggregates, ores; exploration, exploitation and transport of oil and natural gas resources, as well as the installation, repair, maintenance, decommissioning of transport or distribution of oil, natural gas or electricity. ... ((2) Amplacement of the objectives provided in par. ((1) lit. c) is done in compliance with the following conditions, which must be met cumulatively: ... a) the construction and the land on which the property of the same person is located; ... b) the maximum area that may be subject to final removal from the forest fund, including the construction, access and fencing, is a maximum of 250 m² in the case of forest properties of more than 5 ha and not more than 5% of the area of the property forest, but not more than 200 m², if the area of forest property is less than 5 ha. ... ((3) The compensation provided in par. ((1) is physically carried out with a land that has 5 times the value of the land that is permanently removed from the national forest fund, and the land area given in compensation cannot be less than 3 times the area of the land that is subject removal from the national forest fund. To achieve the objectives provided in par. ((1) lit. e), the beneficiary of which is an administrative-territorial unit or a public institution, the compensation is carried out with a land whose surface and value are at least equal to the area and the value of the land subject to removal Definitive. ... (4) By exception to the provisions of par. ((3), for areas less than 50 m², the beneficiary of the definitive removal may not provide land in compensation, a situation in which he must pay, in advance of approval, an amount of 5 times the value of the land covered by the the removal, the amount that is transferred to the fund for improvement of the land fund with forestry destination, in which case it does not pay the expenses of installation and maintenance of the forest vegetation until the state of mass is realized. ... (5) The percentage charge set out in Annex no. 2 2 to Law of Land Fund no. 18/1991 , republished, with subsequent amendments and completions, which apply to the calculation of money obligations, is 100, in case of final removal with compensation of land from the national forest fund. ... (6) The land with which the compensation provided in par. ((1) must be only from outside the national forest fund, but bordering on it, fit to be forested. If the minimum area of a land with which the compensation is made is more than 20 ha, it may not be the limit of the forest fund, but it must be compact. No compensation can be made with degraded, unproductive land from a forestry point of view or with land located in the steppe, alpine and subalpine areas. ... (7) For the land referred to in par. (6) are mandatory to register in forestry facilities and to ensure the management or forestry services within 30 days from the date of approval of the final removal from the forest fund, as well as afforestation in maximum two seasons of vegetation. ... (8) In the counties where the forest fund area is below 30% of the county area, the compensation is carried out only with land within the same county. ... (9) The land for which the approval of final removal from the national forest fund was issued and the land taken into compensation shall acquire the legal status of the land which they replace and shall be entered in the land register under the act of approval and the minutes of delivery-receipt, concluded between the parties, under the law. ... (10) The fines necessary for the realization of park forests are not subject to final removal/temporary occupations from the forest fund and are allowed only if the realization of the facilities does not involve tree pruning or deforestation. ... ((11) The authorization of constructions less than 50 m from the forest floor, outside the forest fund, is made with the opinion of the territorial structure of the central public authority responsible for forestry, based on a documentation submitted with location in 1970s stereographic coordinates. " ... 49. In Article 39, paragraphs 1, 4 and 5 shall be amended and shall read as follows: "" Art. 39. -(1) The temporary occupation of land from the national forest fund is allowed only for a fixed period of time, in order to achieve the objectives of the category provided in art. 36 and to art. 37 37 para. ((1) lit. e) and f) and with the provision of early payment of money obligations by the beneficiary of the approval of removal from the national forest fund for the respective objective. .............................................................. (4) If, in order to achieve the objectives provided for in art. 36 36 and art. 37 37 para. ((1) lit. a), b) and c), other lands adjacent to those permanently removed and only for the organization of the site are necessary, they will be able to be temporarily occupied, for a period equal to the period of realization of the investment. ... (5) The period for which temporary employment is approved from the national forest fund, which have the category of forest use or regeneration class, also includes the period necessary to execute the works for the rendering of land under conditions to be forested. " ... 50. In Article 39, after paragraph 7, four new paragraphs are inserted, paragraphs 8 to 11, with the following contents: " (8) If the land that has been subject to temporary employment is classified in other categories of forest use than those provided in par. ((5), the beneficiary is required to surrender the land under the conditions laid down in the act of approval. (9) By exception to the provisions of par. ((8), the temporary occupied land may be rereceived with a category of use other than the original one, provided that the change of the category of use is approved within the period of temporary occupancy. ... ((10) If at the end of the period approved by temporary occupancy the land does not meet the conditions provided in par. ((5), (8) and (9), the deposit guarantee and the related bank interest shall be retained in the breeding fund of the land fund with forestry destination. ... (11) The guarantee submitted and the related bank interest provided in par. (10) shall be transmitted to the forest district which ensures the administration and/or the forestry services, at its request, in the forest conservation and regeneration fund, for the execution of the works necessary to bring the land to the conditions laid down in the act of approval, according to the estimate of works prepared by the forest detour and endorsed by the specialized territorial structure of the central public authority responsible for forestry. " ... 51. Article 40 is amended and shall read as follows: "" Art. 40. -(1) Requests for final removal or temporary occupation of land from the national forest fund, under the conditions provided in art. 36-39, with the consent of the owner and endorsed by the forest detour that ensures the administration and/or the forestry services, in the case of private property and public property of the administrative-territorial units, respectively with the opinion of the Regia National of Forests-Romsilva, of the Institute of Forestry Research and Fines, which is reorganized in the National Institute for Research and Development in Forestry "Marin Dracea" or of the forest detour established by the Administration Autonomous Administration State Protocol Heritage, in the case of land from the property forest fund public of the state, is approved by: a) the head of the specialized territorial structure of the central public authority responsible for forestry, for areas up to a ha; ... b) the head of the central public authority responsible for forestry, with the opinion of the specialized structure, for surfaces from a ha up to 10 ha inclusive and for the situation provided in art. 39 39 para. ((7); ... c) Government, at the proposal of the central public authority responsible for forestry, with the opinion of the specialized territorial structure, for areas over 10 ha, as well as for other situations provided by law. ... (2) Temporary occupation of land from the national forest fund for urgent interventions regarding the remediation of some disturbances or damage to the telecommunications, transport or electricity distribution lines, to the pipelines of water, sewage, gas, as well as other similar installations, shall be approved by the head of the specialized territorial structure of the central public authority responsible for forestry, on the basis of a request issued by the competent authorities, the conditions of the law, for a period of not more than 30 days, without the need to pay the guarantee for temporary forest fund occupation. ... (3) Beneficiary of temporary employment, under the conditions of para. (2), the land in the national forest fund is obliged to pay the value of the damage caused, the loss of growth of trees, as well as the works necessary to bring the land to the original state, established on the basis of deviz, drawn up under the law by the forest detour that ensures the administration and/or the forestry services and endorsed by the head of the specialized territorial structure of the central public authority responsible for forestry, the estimate constituting the title executory. ... (4) The travail provided in par. (3) shall be paid, within 30 days from the communication of the estimate provided in par. ((3), to the beneficiary. " ... 52. In Article 41 (1), the introductory part and letters a) and b) shall be amended and shall read as follows: "" Art. 41. -(1) For land permanently removed from the national forest fund, in the cases provided in art. 36 and 37, the monetary obligations are as follows: a) the fee for the final removal of land from the national forest fund, which shall be paid in advance of the issuance of the final removal approval and shall be deposited in the breeding fund of the land fund with forestry destination, at the disposal of the central public authority responsible for forestry; ... b) the value of the land permanently removed from the national forest fund, which shall be paid to the owner of the land for private land of natural persons, legal or public property of administrative-territorial units, and for the public property land of the state, they shall be paid to the administrators of the public property forests of the state, making themselves come to the forest conservation and regeneration fund; the amount provided in art. 37 37 para. ((4), which shall be transferred to the fund for the improvement of the land fund with a forestry destination; " ... 53. In Article 41, paragraph 2 shall be amended and shall read as follows: " (2) The monetary obligations provided in par. ((1) lit. b)-e) shall be paid in advance of the surrender-receipt of the land for which the approval of final removal from the national forest fund was issued. " 54. in Article 41, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "" (3) The surrender-receipt of the land for which there is the approval of final removal from the national forest fund is made in the presence of the representative of the territorial structure of the central public authority responsible for forestry, only after payment of money obligations provided in par. ((1) lit. b)-e). " 55. In Article 42 (1), the introductory part and letters a) and b) shall be amended and shall read as follows: "" Art. 42. -(1) For land that is temporarily occupied from the national forest fund, in the cases provided in art. 39, the monetary obligations are: a) the guarantee, equivalent to the tax for the final removal of land from the national forest fund with compensation, which shall be paid in advance of the issuance of the approval and shall be deposited in the fund of improvement of the land fund with forestry destination, at the disposal of the central public authority responsible for forestry; ... b) the rent, which is paid to the owner, in the case of the privately owned forest fund of natural and legal persons, respectively of the public and private property of the administrative-territorial units; for the forest property fund public of the state, 30% of the rent is deposited in the forest conservation and regeneration fund, 20% shall be paid to the administrator, and 50% shall be deposited in the forest accessibility fund; " ... 56. In Article 42, paragraph 2 shall be amended and shall read as follows: " (2) The monetary obligations provided in par. ((1) lit. b)-e) shall be paid in advance of the surrender-receipt of the land for which the temporary occupation of the national forest fund was issued. " 57. Article 43 is amended and shall read as follows: "" Art. 43. -The methodology for definitive removal, temporary occupation and exchange of land and calculation of monetary obligations shall be approved by order of the central public authority responsible for forestry. " 58. In Article 45, paragraphs 1 to 3 shall be amended and shall read as follows: "" Art. 45. -(1) The managers of the publicly owned forest fund shall take measures to liquidate the enclaves and to correct the perimeter of the forest fund and to merge the land public property through land exchanges on the basis of authentic acts. (2) The land covered by the exchange shall acquire the legal status of the land which it changes, which shall have a forest destination. ... (3) The methodology of acquisition through purchase, exchange or donation, through the National Forest Regia-Romsilva and other administrators of the forest fund public property, is approved by Government decision, at the proposal of the authority central public responsible for forestry. " ... 59. In Article 45, after paragraph 4, a new paragraph (4 ^ 1) is inserted, with the following contents: "" (4 ^ 1) The assessment of land and forest vegetation on the land covered by the exchange is carried out on the basis of the methodology provided in art. 43 43, approved by order of the head of the central public authority responsible for forestry. " 60. In Article 46, the introductory part of paragraph 1 and paragraph 2 shall be amended and shall read as follows: "" Art. 46. -(1) In order to achieve the exchange of land in situations where one of the land is public property, the exchange must meet at least one of the following conditions: ................................................................. (2) The change of land provided in par. (1) shall be initiated by the administrator of the publicly owned forest fund or by the owner, in the case of the public property fund of the administrative-territorial units and approved by order of the head of the central public authority responsible of forestry. " ... 61. In Article 46, paragraph 3 shall be amended and shall read as follows: "(3) If the area of the forest fund is below 30% of the county's area, the land exchange can be carried out only within the same county." 62. In Article 47, paragraphs 2 to 4 shall be amended and shall read as follows: "(2) The change of the category of forest use of land with forest destination from" forest " to another category of forestry use is made with the payment of a tax equivalent to the final removal tax from the national forest fund, which shall be transferred to the breeding fund of the land fund with a forestry destination. (3) I am an exception to the provisions of para. (2) the land for the construction of forest roads, the realization of works for the correction of torrents, the land for the establishment of forest nurseries with an area of maximum 0,5 ha, the establishment of the border corridor and the strip of protection of the state border, those aimed at achieving objectives within the Integrated State Border Security System. ... ((4) The change of the land use category for the establishment of the border corridor and the state border protection strip, of those intended to achieve objectives within the Integrated State Border Security System, as well as those intended to carry out training centers shall be done at the request of the institutions of the national public order system. " ... 63. Article 48 is amended and shall read as follows: "" Art. 48. -The owners of forest land, forest protection curtains and degraded land on which afforestation works have been carried out, as well as forestry ocoals that provide forestry services or their administration are obliged to apply and comply with the specific fire defence rules approved by the order of the head of the central public authority responsible for forestry. '; 64. Article 50 is amended and shall read as follows: "" Art. 50. -Individuals who find fires in the national forest fund are obliged to notify them immediately to the single emergency number and participate in their extinction. " 65. In Article 51, paragraph 3 shall be amended and shall read as follows: " (3) In the exercise of the duties regarding the protection of the forest fund, as well as the finding of contraventions and facts constituting forest crimes, the forestry personnel shall be invested with the exercise of public authority, within the limits the powers established by law. ' 66. In Article 53, paragraphs 1 and 5 shall be amended and shall read as follows: "" Art. 53. -(1) The grazing shall be prohibited in the forest fund, in the protective forest curtains and in the perimeters for the improvement of degraded or sliding land. ............................................................. (5) The passage of domestic animals through the forest fund to grazing, watered and sheltering areas is approved by the forest detour, with the agreement of the forest fund owner, on delimited routes and in specified periods. For the publicly owned forest fund of the state, the approval shall be given by the heads of the structures provided in 10 10 para. ((2). ' ... 67. In Article 54, paragraph 2 shall be amended and shall read as follows: " (2) Public access to the national forest fund with motor vehicles, motorcycles, ATVs or mopeds is prohibited, except for sports, recreation and tourism activities, which can be practiced only with the agreement: a) the head of the forest detour, when administered; ... b) the owner, with the opinion of the head of the forest district, in case of insurance of forestry services. ... 68. Article 58 (3), letter e) shall be amended and shall read as follows: " e) truffles and other edible mushrooms of the spontaneous flora of its contents; ' 69. Article 58 (5) shall be amended and shall read as follows: " (5) The harvest and/or purchase of non-national products specific to the national forest fund shall be made on the basis of the authorizations issued by the forest detour that ensure the administration or the forestry services, according to the instructions approved by order of the central public authority responsible for forestry, as well as on the basis of the harvest/purchase authorization issued by the competent authority for environmental protection. " 70. in Article 58, after paragraph 5, a new paragraph (6) is inserted, with the following contents: " (6) In the case of the forest fund that is not in the administration of a forest detour, the permits provided in par. ((5) shall be issued only on the basis of written agreement of the owner of the forest fund 71. Article 59 is amended and shall read as follows: "" Art. 59. -(1) The maximum volume of wood that is harvested as main products in a household unit cannot exceed their possibility, established by the forestry arrangement, for its period of validity. (2) The maximum volume of wood provided in par. ((1), which is harvested annually as main products in a household unit, may not exceed the annual possibility. ... (3) By exception to the provisions of par. (2), the annual possibility may be exceeded in the following situations: ... a) whether the regulation of the wood production process is carried out at the arboretum level; ... b) with the volume of unharvested wood, up to the level of the annual possibility, in previous years of application of the forestry arrangement in force. ... (4) The surface of the stands provided for in the forestry arrangement to be covered with care and management works is minimal. ... (5) The volume provided by the forestry arrangement for extraction, through the care and management works, is indicative and is harvested in compliance with the provisions of the specific technical norms and depending on the condition of the stands. ... (. The by-products shall be harvested in full. In protected natural areas, environmental protection legislation is observed. ... (7) The volume of accidental products I recorded in household units in which the wood production process is regulated, as well as the volume of illegally felled trees shall be pre-compacted from the possibility of main products. ... ((8) Precomptation is carried out within the same property. ... (9) It is prohibited to compensate for the volume of harvesting, provided by the forestry arrangement in inaccessible facilities, with equivalent volumes of landscaping units located in accessible areas, except for the occurrence of accidental products I. ... (10) If the volume of wood mass affected by biotic and/or abiotic factors is higher than the annual possibility, it may be exceeded under the conditions established by the methodology approved by order of the head of the authority Central public responsible for forestry. ... (11) The volume of wood mass provided in par. ((10), which exceeds the annual possibility, shall be pre-compacted in the following year or years of application of the forestry arrangement, depending on the volume with which it has been exceeded. " ... 72. In Article 60, after paragraph 3, two new paragraphs are inserted, paragraphs 4 and 5, with the following contents: " (4) The valorization of wood mass from the forest fund public property is made according to the regulation approved by Government decision. (5) In drawing up the regulation provided for in paragraph (4) the following principles shall be considered: ... a) the superior valorisation of the wood mass; ... b) supporting rural development through the local processing of wood; ... c) the exploitation of wood on the foot is made only to certified economic operators; an economic operator/group of economic operators can buy at auction or negotiation, as the case may be, wood materials resulting from main products or accidental I, in the form of round wood trimmed on the road, only if it ensures by its own capacity the processing of at least 40% of the purchased wood material; ... d) the priority of allocating the resources of wood materials from the public property forests, necessary for the heating of the population ... e) transparency of sale and marketing of wood; ... f) an economic operator/group of economic operators cannot purchase/process more than 30% of the volume of an industrial assortment of wood mass of each species, established as an average of the last 3 years on the basis of the implementing acts authorized to operate and operated at national level, regardless of the form of ownership; ... g) insurance with priority of wood mass for producers in the furniture industry public property of the state in the form of trimmed wood, based on the estimated annual needs; they have the right of pre-emption to the purchase of wood mass, on offer of price and on equal terms of sale. " ... 73. In Article 62, paragraphs 1, 2, 3 and 4 shall be amended and shall read as follows: "" Art. 62. -(1) The exploitation of the wood mass is made after obtaining the authorization of exploitation and handing over the prosecutor's office, in compliance with the forestry rules and in accordance with the instructions on deadlines, methods and periods of collection, removal and transport of wood material, approved by order of the head of the central public authority responsible for forestry. In hill and mountain areas, funicular-based technologies are given priority. (2) The exploitation of wood mass is made only by economic operators certified by the attestation commission, which operates within the employers ' association and professional forestry professional association. ... (3) I am an exception to the provisions of para. (2) forest fund owners, individuals, who can exploit, without attestation, from their property a volume of up to 20 mc/year, under the law. ... ................................................................ (4) The Regulation on the organization, operation and composition of the commission referred to in (2), as well as the criteria for attestation for logging activity are approved by order of the head of the central public authority responsible for forestry, at the proposal of professional institutions, organizations and associations and employers in the field, national representatives of forest owners and associative structures of local authorities. " ... 74. in Article 62, after paragraph 4, a new paragraph (5) is inserted, with the following contents: "(5) The exploitation authorization shall be issued by the forestry detour, which shall ensure the administration or the forestry services." 75. Article 69 (1), (b) and (c) shall be amended and shall read as follows: " b) officers, non-commissioned officers and agents of the Romanian Police, Romanian Border Police and the Romanian Gendarmerie; c) the personnel with control powers of the National Agency for Fiscal Administration. " ... 76. Article 71 (5) shall be amended and shall read as follows: " (5) Wood materials confiscated according to the provisions of par. (3) is returned to the owners, if they are identified and are not the perpetrators of the illegal acts that imposed the seizure, or are capitalized according to the law. " 77. In Article 72, after paragraph 2, a new paragraph (3) is inserted, with the following contents: " (3) In order to avoid degradation, the wood materials provided in par. (1) may be capitalized. Their consideration shall be recorded in a special account until the final settlement of the case. " 78. Article 74 is amended and shall read as follows: "" Art. 74. -The central public authority responsible for forestry supports through programs the activity of scientific research and technological development in the field and aims to efficiently use the results obtained, in order to substantiate technical-scientific measures of forest management. " 79. Article 75 is amended and shall read as follows: "" Art. 75. -(1) Scientific research and technological development in the field of forestry are carried out through the Institute for Forestry Research and Fines, which is reorganized, by Government Decision, in the National Institute for Research and Development in Forestry "Marin Dracea", in the coordination of the central public authority for scientific research, technological development and innovation as a national institute with legal personality, as well as through other legal entities of public and private law that have as their object of activity scientific research and technological development in Domain. (2) The activity of technological development for the forest fund public property of the state is carried out through the Institute of Forestry Research and Fines, which is reorganized in the National Institute for Research and Development in Forestry " Marin Dracea. " The National Forest Administration-Romsilva directly grants the realization of services for the technological development activity of the Institute of Forestry Research and Fines. ... ((3) The approval and approval of projects for the development of forests and other projects related to the national forest fund shall be carried out by the central public authority responsible for forestry. " ... 80. Article 76 is amended and shall read as follows: "" Art. 76. -The National Institute for Research and Development in Forestry "Marin Dracea" manages through experimental bases the public property forest fund of the owned state, in which research is carried out in order to generalize the results in practice Silvica. " 81. In Article 78, paragraph 1 shall be amended and shall read as follows: "" Art. 78. -(1) The central public authority for education, in consultation with the central public authority responsible for forestry, will include in the curricula from compulsory forms of education notions relating to forests, their conservation, such as and their role and importance within the biosphere and in the life of mankind in general. " 82. In Article 83, paragraph 1 shall be amended and shall read as follows: "" Art. 83. --(1) Increasing the degree of accessibility of the national forest fund is a basic condition of sustainable forest management, in compliance with the provisions of the management plans approved under the law, in the case of natural areas protected. " 83. Article 84 is amended and shall read as follows: "" Art. 84. -Construction of forest roads is carried out after the approval of the change category of forest use, under the conditions of 47 47 para. (1), at the request of the owner or administrator, as appropriate, as follows: a) for forest roads that are carried out in the forest fund public property of the state, by their administrator; ... b) for forest roads that are carried out in the forest fund, other than the public property of the state, by the owner. " ... 84. In Article 87, after paragraph 1, a new paragraph (2) is inserted, with the following contents: "(2) The mode of use and transport on forest road roads shall be regulated by the methodology approved by order of the head of the central public authority responsible for forestry." 85. In Article 88, paragraph 1 is amended and shall read as follows: "" Art. 88. --(1) The development of the national forest fund and the extension of forest areas constitute an obligation of the central public authority responsible for forestry and a national priority, in order to ensure ecological balance at local level, national and global, and is carried out through the National Afforestation Program. " 86. In Article 88, after paragraph 3, two new paragraphs are inserted, paragraphs 4 and 5, with the following contents: " (4) The National Forest Regia-Romsilva can purchase land for afforestation, with priority degraded land, so that the area of the forest fund public property of the state will increase. (5) Financing of the shares provided in par. (4) shall be ensured from: own funds of the National Forest Regia-Romsilva, the land fund improvement fund with forestry destination, the forest conservation and regeneration fund, as well as from the state budget. " ... 87. Article 90, paragraphs 3 and 4 shall be repealed. 88. In Article 95, paragraph 2 shall be amended and shall read as follows: " (2) The property of associative forms provided in par. (1) is guaranteed, indivisible and inalienable, and it is applicable to the provisions art. 27 27 of Law no. 1/2000 for the reconstitution of the ownership of agricultural and forestry land, requested according to the provisions Law of Land Fund no. 18/1991 and ale Law no. 169/1997 ,, as amended and supplemented. " 89. In Article 97 (1), the letter e) shall be amended and shall read as follows: "e) the restoration of forests, if the amounts set up at the maximum level of the forest conservation and regeneration fund are insufficient, and of the forest transport routes affected by natural disasters or fires, with unknown author;" 90. in Article 97, after paragraph 1, a new paragraph (1 ^ 1) is inserted, with the following contents: "" (1 ^ 1) The imposition of restrictions on forest owners, through forest facilities, by regulations of national, natural parks, biosphere reserves and Natura 2000 sites or by other norms, including those that establish different types of functional groups, can be done either with the consent of the owner or with the payment of a fair and prior compensation, paid annually, to fully compensate the income not realized by the forest owner, natural or legal person. " 91. Article 105 is amended and shall read as follows: "" Art. 105. -(1) The damage to the national forest fund, hereinafter referred to as the damage, regardless of the legal nature of the property, shall be assessed by the forestry personnel, under the law. (2) The amount of damage provided in par. (1), caused by acts that constitute crimes or contraventions, in forests classified by forestry facilities in functional group I, shall be established by multiplying twice the value obtained according to the law. ... (3) In situations where the damage assessed according to the provisions of paragraph (1) was not recovered by the forest detour that provides forestry services or the management of the forest fund, according to the provisions Government Ordinance no. 92/2003 on the Fiscal Procedure Code, republished, with subsequent amendments and completions, it shall be recovered, on the basis of the minutes, of the forest fund control act/partially prepared by the forestry personnel, by the fiscal bodies powers subordinated to the National Agency for Fiscal Administration for the damage established in the task of legal entities. The amounts thus made are made income to the state budget, and for the damage established in charge of individuals by the fiscal bodies of the administrative-territorial units, the amounts thus made are made to the local budget. " ... 92. In Article 109 (2), point b) shall be amended and shall read as follows: "" b) in the national forest fund situated in protected natural areas of national interest. " 93. Article 117 is amended and shall read as follows: "" Art. 117. -In addition to the prosecution bodies, they are competent to find the facts provided in art. 106, 108-110 and 114 forestry personnel from the central public authority responsible for forestry and territorial structures with specific forestry, forestry personnel of the National Forest Regia-Romsilva and its structures territorial, forestry personnel of the authorized forestry ocoals, officers and sub-officers of the Romanian Gendarmerie. " 94. Article 123 is amended and shall read as follows: "" Art. 123. -The average price of one cubic meter of wood mass per foot shall be established annually, by Government decision, at the proposal of the central public authority responsible for forestry. " 95. In Article 127 (9), points a) and b) shall be amended and shall read as follows: "" a) for the stimulation of forestry personnel operating within the central public authority responsible for forestry and its forestry territorial structures; b) 50% for the stimulation of forestry personnel of the National Forest Regia-Romsilva and private forest fields, and 50% for investments related to the protection of the forest fund and the financial support of some actions in court initiated by legal person. ' ... 96. In Article 135, paragraph 3 shall be amended and shall read as follows: " (3) The right of ownership of forest land shall be exercised from the date of issue of the minutes of their possession, the date on which the new owners are obliged to ensure their management/forestry services under the conditions of this laws. " 97. Article 135 (4) shall be repealed. 98. In Article 136, paragraph 1 is amended and shall read as follows: "" Art. 136. -(1) The National Forest Regia-Romsilva pays the administrator or the forest district that provides the forestry services for the forest fund areas returned the amounts from the forest conservation and regeneration fund related to the value of the mass wood harvested by cuts of main and incidental products I, reduced by the amounts spent on regeneration for the period from validation, with the establishment of the site, until the entry into possession of the surface. ' 99. Article 137 is amended and shall read as follows: "" Art. 137. -Forest areas, other than public property areas, for which the wood production process is not regulated, those certified, as well as those with stands up to 20 years of age are exempt from taxes and duties. " 100. The Annex is amended and replaced by the Annex which forms an integral part of this Law. + Article II (1) The operating authorities of the forestry coals provided for in art. 10 10 of Law no. 46/2008 -The Forest Code, with subsequent amendments and completions, as amended and supplemented by this law, issued before the entry into force of this Law, shall remain valid. ... (2) Provisions art. 14 14 para. ((5) of Law no. 46/2008 , with subsequent amendments and completions, as amended and supplemented by this law, shall apply to authorized forestry ocoals. ... ((3) The obligation to coordinate the forest identification action provided for in art. 23 23 para. ((1) of Law no. 46/2008 , with subsequent amendments and completions, as amended and supplemented by this law, until their arrangement in accordance with the provisions of this law, lies with the specialized territorial structures of the authority central public responsible for forestry, on the basis of a substantiation by legal persons authorised for the arrangement of forestry and forestry institutions, within 12 months of the entry into force of the this law. ... (4) Provisions art. 42 42 of Law no. 46/2008 , with subsequent amendments and completions, as amended by this law, shall apply to temporary premises approved after the entry into force of this Law. ... (5) Within 12 months from the date of entry into force of this Law, the amounts provided for in art. 136 136 para. ((1) of Law no. 46/2008 , with subsequent amendments and completions, as amended by this law, are paid for non-renewable forest areas or that have not achieved the state of massive. ... (6) The contravail of surplus retainer units by sequestration-RMU related to the Land Use, Land Use Change and Forestry Sector of the National Greenhouse Gas Emissions Inventory with the Sera Effect shall be transferred to the the fund for improvement of the land fund with forest destination, beneficiaries being the owners of forest land. The establishment of the institutional framework on the administration, valorisation, use and management of surplus detention units through seizure is made by Government decision, at the proposal of the central public authority responsible for forestry and central public authority for the environment and climate change. ... (7) The National Forest Strategy shall be drawn up by the central public authority responsible for forestry and shall be approved by Government decision. ... (8) The National Council for Forestry is established as a professional organization, without legal personality. The establishment and regulation of organization and functioning shall be approved by order of the head of the central public authority responsible for forestry. ... (9) As of the date of entry into force of this Law, private forestry, provided for in art. 12 12 and 13 of Law no. 46/2008 , with subsequent amendments and completions, they become forest ocoals of the regime. ... (10) The funding source provided for in art. 11 11 para. ((7) lit. f ^ 1) of Law no. 46/2008 , with subsequent amendments and completions, as amended by this law, shall be paid from the month following the entry into force of this Law. ... (11) Senior forestry structures provided for in art. 13 13 of Law no. 46/2008 , with subsequent amendments and completions, as amended by this Law, which have acquired legal personality from the moment of their registration in the National Register of Forest Administrators and Forestry Ocoals, retain the legal personality thus acquired. ... ((12) The sanction provided for in art. 14 14 para. (2 ^ 1) of Law no. 46/2008 , with subsequent amendments and completions, introduced by this law, shall apply from the month following the entry into force of this Law. ... (13) The heads of the forestry fields which, on the date of entry into force of this Law, shall be appointed according to the provisions of art. 14 14 para. ((3) and (4) of Law no. 46/2008 , with subsequent amendments and completions, as amended by this law, are obliged to obtain the notice of appointment, within 90 days from the date of entry into force of this law. ... (14) In the case of forest fields found in the situation referred to in par. ((13), art. 14 14 para. ((5) of Law no. 46/2008 , with subsequent amendments and completions, is extended by 90 days. ... (15) Forest occoals which have acquired the status of legal person under the conditions laid down in art. 15 15 of Law no. 46/2008 , with subsequent amendments and completions, until the entry into force of this law, it retains this quality after its entry into force. ... ((16) Management contracts or forestry services provided for in art. 16 16 of Law no. 46/2008 , with subsequent amendments and completions, as amended by this law, concluded before the entry into force of this law, remain valid under the legal conditions in force at the time of their conclusion. ... (17) Forest facilities provided for in art. 20 20 of Law no. 46/2008 , with subsequent amendments and completions, approved until the date of entry into force of this law, shall retain its validity until the date of entry into force of the act regulating the application of the provisions of a new forestry arrangement drawn up under the present law. ... (18) Provisions art. 33 33 para. ((2) lit. a), c), f) and g) of Law no. 46/2008 , as amended and supplemented, as amended by this Law, shall apply from the month following the entry into force of this Law. ... ((19) Restitution of amounts provided for in art. 33 33 para. ((7) of Law no. 46/2008 , with subsequent amendments and completions, as amended by this law, shall be made at the end of the fiscal year in which the last reception of the works provided for in art. 33 33 para. ((3) lit. a)-d) of Law no. 46/2008 , with subsequent amendments and completions, as amended by this Law. ... ((20) The documentation of permanent removal or temporary occupation from the national forest fund, previously submitted to the entry into force of this law, but which have not been approved, will be restored in compliance with the provisions art. 36 36 para. ((4) and art. 37 37 of Law no. 46/2008 , with subsequent amendments and completions, as amended by this Law. ... ((21) The approvals regarding the final removal or temporary occupation from the national forest fund issued under the legal conditions existing at the date of their issuance, prior to the entry into force of this law, remain valid. ... ((22) Methodology for the definitive removal, temporary occupation and exchange of land and calculation of the monetary obligations, provided for in art. 43 and 45 para. ((3) and (4 ^ 1) of Law no. 46/2008 , with subsequent amendments and completions, as amended by this law, shall be approved by order of the central public authority responsible for forestry, within 6 months from the date of entry into force of this law. Until the approval of this methodology, the Methodology for determining the value of land and calculation of the money obligations in force on the date of entry into force of this Law will be used. ... (23) Specific fire protection rules provided for in art. 48 48 of Law no. 46/2008 , with subsequent amendments and completions, as amended by this law, shall be approved by order of the central public authority responsible for forestry, within 3 months from the date of entry into force of this law. Until the approval of the rules, the existing legal norms on the date of entry into force of this law shall remain ... ((24) Multiplication twice the amount of damage provided for in art. 105 105 para. ((1) of Law no. 46/2008 , with subsequent amendments and completions, as amended by this law, in the forests framed by forestry facilities in functional group I, will apply, after the entry into force of this law, only if the damage of result as a result of acts constituting crimes or misdemeanors. ... (25) Any reference from the normative acts in force to the private forestry ocoals will be considered to be made at the forestry ocoals of the regime. ... + Article III On the date of entry into force of this Law, it is repealed a) Government Decision no. 85/2004 for the approval of the Regulation for the sale of wood mass by public property forest fund holders, to economic agents, published in the Official Gazette of Romania, Part I, no. 121 of 10 February 2004, with subsequent amendments and completions; ... b) section 8 8 of art. 202 202 of Law no. 187/2012 for the implementation of Law no. 286/2009 on the Criminal Code, published in the Official Gazette of Romania, Part I, no. 757 of 12 November 2012, as amended. ... + Article IV Law no. 46/2008 -Forest Code, published in the Official Gazette of Romania, Part I, no. 238 of March 27, 2008, with subsequent amendments and completions, as well as with those brought by this law, will be republished, giving the texts a new numbering. + Annex ((Annex to Law no. 46/2008 -Forest Code) DEFINITIONS 1. Forest administration-the totality of the technical, economic and legal activities carried out by the forestry and the National Forest Regia-Romsilva in order to ensure the sustainable management of forests, in compliance with forest regime 2. Forest Amenage-the basic study in forest management, with technical-organizational, legal and economic content, ecological foundation. In the elaboration of the forestry arrangement, the following steps are mandatory: a) preapproval meeting of the design theme-Conference I of arrangement, with participation: ... 1. the project head and the CTAP expert from the authorized specialized unit; 2. to the head of the forest district who shall ensure the administration or the forestry services and, where appropriate, the owner; 3. the administrator/custodian of the protected natural area, if it is partially or totally constituted over the forest fund; 4. representative of the county or regional structure for environmental protection; 5. the representative of the central public authority responsible for forestry or, as the case may be, of its specialized territorial structure; b) the reception of the field works that are carried out in the last year of application of the forestry arrangement, prior to the year of organization of the preapproval meeting of the technical solutions-Second Conference of arrangement, with the participation: ... 1. the project head and the CTAP expert from the authorized specialized unit; 2. to the head of the forest district who shall ensure the administration or the forestry services and, where appropriate, the owner; 3. the representative of the central public authority responsible for forestry or, as the case may be, of its specialized territorial structure; c) pre-approval meeting of technical solutions-The 2nd Conference of Arrangement is organized in the year following the year in which the reception of the field works is carried out, with the participation: ... 1. the project head and the CTAP expert from the authorized specialized unit; 2. to the head of the forest district who shall ensure the administration or the forestry services and, where appropriate, the owner; 3. the administrator/custodian of the protected natural area, if it is partially or totally constituted over the forest fund; 4. representative of the county or regional structure for environmental protection; 5. the representative of the central public authority responsible for forestry or, as the case may be, of its specialized territorial structure; d) analysis and endorsement in the Technical Commission of approval for forestry within the central public authority responsible for forestry. ... Until the approval of the forestry arrangement, elaborated under the conditions of this law, the provisions of the preapproval meeting of technical solutions shall apply. The non-approval of the forestry arrangement in the Commission for Forestry in the same year in which the preapproval meeting of the technical solutions is organized determines the suspension of the application of the forestry arrangement until the date on which it is advised. It is mandatory to verify the application of the provisions of the forestry facilities at least once during the period of their validity, according to the methodology approved by order of the head of the central public authority that Answer the forestry. 3. The arrangement of forests-the whole of concerns and measures aimed at ensuring the bringing and keeping of forests in proper condition from the point of view of the ecological, economic and social functions that they perform and is activity of technological development 4. Fines necessary for the realization of park forests-The fines allowed in the park forests are: a) alleys made of organic materials, with a width of not more than 2 m or cycle paths; ... b) banks; ... c) lighting; ... d) information points; ... e) ecological toilets; ... f) provisional wooden constructions with a built area of not more than 15 m². In park forests you can make afforestation with species that are not of the fundamental natural type instead of extracted trees. ... Park rangers will be at the request of the owner/administrator, based on specialized studies, with the opinion of the Technical Commission for Forestry. 5. Arboret-the homogeneous portion of forest land, both from the point of view of the phytocosis of trees and of the stationary conditions, in which the same forestry work applies 6. Arboretum-the land area on which it is cultivated, for scientific or educational purposes, a collection of trees and shrubs 7. Direct beneficiaries of forest ecosystem services-people who benefit directly from the protective effects that forest ecosystems generate 8. Indirect beneficiaries of forest ecosystem services-persons who benefit indirectly from the protective effects that forest ecosystems generate, by interrupting a direct beneficiary 9. The movement of wood materials-the transport action of wood materials between two locations, using for this purpose any means of transport, and/or the transmission of property on wood materials 10. Composition-tel-the combination of species pursued to be carried out by a tree that combines optimally, both by proportion and by their grouping, biological requirements with multiple, social-economic or ecological objectives 11. Consistency-the degree of spacing of trees within the arboretum. Consistency is expressed by the following indices: a) the index of thickets; ... b) the density index; ... c) the closing index of the canopy; ... d) Coating index. ... 12. Background control-the totality of the actions carried out in the forest fund, under the law, by the forestry personnel who ensure the administration of forests or control of the forestry regime, in order to: a) verification of the state of the limits and of the landscaping ... b) checking the forest area for the purpose of identification, inventory and value assessment of trees felled in the crime, of the seminaries usable destroyed or injured, of any other damage to the forest, as well as the establishment of the causes that have them; ... c) verification of the opportunity and quality of the executed forestry works; ... d) identification of the necessary forestry works; ... e) verification of the condition of movable and immovable property ... f) inventory of stocks of products of the existing forest on its surface; ... g) the establishment of damage and/or damage to the forest, as well as proposals to recover them. ... The substantive control becomes enforceable, after communication and its non-testing within 15 days. 13. Defrisation-the action of complete removal of the forest vegetation, without being followed by its regeneration, with the change of use and/or the destination of the land 14. Holder-the owner, the administrator, the forestry service provider, the carrier, the depositary, the custodian, as well as any other natural or legal person under a legal title of forest background or woody materials 15. Special marking device-the marked forestry hammers, the instruments used by the forestry personnel for the marking of trees, beaks and wood material 16. Forest Ecosystem-the functional unit of the biosphere, made up of biocenosis, in which the predominant role has the tree population and the resort where it is located 17. Forest exploitation-the production process through which raw wood is extracted from forests under the conditions provided by the forestry regime 18. Sustainable forest management-the administration and use of forests so as to maintain and improve their biodiversity, productivity, regeneration capacity, vitality, health, in such a way as to ensure, at present and in the future, the ability to perform multiple ecological, economic and social permanent functions at local, regional, national and global levels without causing harm to other ecosystems 19. Sustainable forest management-the administration and use of forests and land with forest vegetation so as to maintain and improve their biodiversity, productivity, regeneration capacity, vitality, health, in such a way. kind as to ensure, at present and in the future, the ability to exercise the multiple ecological, economic and social permanent functions at local, regional, national and global levels without causing harm to other ecosystems 20. Wood mass-the totality of trees on the foot and/or downed, whole or parts of them, including those in different stages of transformation and movement within the logging process 21. Wood materials-round or split wood working and firewood, timber, flanks, sleepers, ecarisat wood-with rectangular or square section, as well as chipped wood. This category also includes ornamental trees and shrubs, Christmas trees, wicker and seedlings; wood materials are not divisible goods. 22. Forest reproductive material-the plant biological material through which the reproduction of trees of artificial species and hybrids is carried out, important for forest purposes; these species and these hybrids are established by special law. 23. Ocol silvic-the forestry unit established for the purpose of administration or insurance of services for the national forest fund, having the minimum constitution area as follows: a) in the region of plain-3.000 ha forest fund; ... b) in the hill region-5.000 ha forest fund; ... c) in the mountain region-7,000 ha forest fund. ... The forestry coals of the regime can be set up by: a) owners of natural or legal persons or their associations and may function as associations and foundations or as commercial companies; ... b) administrative-territorial units or their associations and may function as kings of local interest; ... c) associations between administrative-territorial units and/or natural and/or legal persons and may function as associations and foundations or as commercial companies; for the public property of administrative-territorial units, these forest ocoals can only provide forestry services. ... Only forest areas located in the property or the owners/association of owners who have requested the constitution of the forest district are taken into account when setting up and functioning of the forest fields. It is exempted from the minimum surface condition provided by this law the forest detour established by the Autonomous Regia Administration of the State Protocol Heritage. 24. Temporary occupation of the land-temporary change of the use of a land with forest destination for purposes and for periods established under the law 25. Parquet-forest area in which wood harvesting is carried out in order to achieve a cutting of care, a certain treatment, preservation works or the extraction of accidental or hygiene products 26. Recreational/thematic/educational park-permanent or non-permanent facilities, which are executed for the purpose of recreational activities, with or without deforestation of forest vegetation, such as: a) pergolas and/or playgrounds for children; ... b) adventure park or installations for climbing or climbing initiation; ... c) land for paintball; ... d) cycle paths or rollers; ... e) related access routes; ... f) thematic and educational actions. ... The recreational/theme/educational parks are constituted, with the opinion of the Technical Commission for Forestry, at the request of the owner/administrator, based on specialized studies conducted for forests with recreation functions, properly zoned through the forestry arrangement. 27. Precomptation-the action to replace the volume of wood provided to be harvested from the tree included in the decennial plans for the harvesting of the main products with volumes resulting from the exploitation of wood from the stands affected entirely by Biotic or abiotic factors or of stands older than 1/2 of the age of technical exploitation, partly affected by biotic or abiotic factors or from legal deforestation and illegal logging 28. Forest protection curtains-formations with forest vegetation, located at a certain distance from each other or towards a goal, in order to protect it against the effects of harmful factors and/or to improve climatic, economic and aesthetic-health of the land 29. Improvement perimeter-degraded or unproductive agricultural land that can be improved by afforestation, the value of which is necessary from the point of view of soil protection, of the water regime, of improving the conditions of environment and biological diversity 30. Plantage-forest culture constituted from trees coming from several clones or families, identified, in defined proportions, isolated from sources of foreign pollen and which is led so as to frequently produce abundant harvests of pollen. seeds, easy to harvest 31. Possibility-the volume of wood that can be harvested as main products from a household unit, based on the forestry arrangement, during its application period 32. Annual possibility-the volume of wood that can be harvested as main products from a household, resulting as a ratio between the possibility and the number of years of application of the forestry arrangement 33. Injury-the effect of a human action, through which the integrity of the forest is affected and/or the realization of the functions that it should provide. These actions may affect the forest fund: a) directly, through illegal actions; ... b) indirectly, through actions whose effect on the forest can be quantified over time. It fits into this type the effects on them from pollution, construction, exploitation of natural resources, with the identification of the cause-effect relationship certified by studies carried out by competent bodies, non-arrangement of areas limiting the spread of fires, as well as not providing minimum endowment for intervention in case of fire. The damage caused by logging works, established according to the technical instructions, is not damage to the forest. ... 34. Silvica prestation-forestry technical works carried out by forestry coals on the basis of contract 35. The principle of territoriality-carrying out the administration and forestry services, as the case may be, on the basis of contract, for the forest fund belonging to natural, legal persons and administrative-territorial units that did not constitute a forest detour of the regime, by one of the authorized forest fields that manage the forest fund within the territorial limits of the county or in the surrounding counties within which the property is located 36 36. accidental products I-trees in a tree fully affected by biotic and/or abiotic factors, trees in a tree older than 1/2 of the age of technical exploitation, partially affected by biotic and/or abiotic factors, or trees/stands for which legal deforestation approvals are 37 37. Inadvertent products II-trees in an arboretum less than or equal to 1/2 of the age of technical exploitation, partially affected by biotic and/or abiotic factors 38. The origin of the wood materials-the localized source from where they were obtained legally, respectively: a) the prosecutor's offices authorized and handed over for exploitation, constituted in the national forest fund or in the forest vegetation on land outside it; ... b) deposits, sorting and processing centres of wood materials; ... c) markets, fairs, shutters and the like, authorized for the marketing of wood materials; ... d) Member States of the European Union; ... e) states outside the European Union. ... 39. The average price of one cubic meter of wood mass-the average selling price of one cubic meter of wood mass per foot, at national level, determined on the basis of the statistical data of the previous year, communicated by the National Institute of Statistics 40. The coder regime-the general way of managing a forest, based on the regeneration of the seed 41. The Kangaroo regime-the general way of managing a forest, based on vegetative regeneration 42. Forest regime-the unitary system of technical, economic and legal technical norms regarding the arrangement, culture, exploitation, protection and guarding of the forest fund, in order to ensure sustainable management 43. Changing the category of use-changing the use of the land with maintaining the forest destination, in order to execute works and achieve objectives necessary for the sustainable management and management of the forest fund 44. Final removal from the national forest fund-changing the forest destination of a land from the national forest fund to another destination, under the law 45. Season of vegetation-the period of the year between the entrance to the vegetation and the vegetative rest of a tree 46. Forest services-technical activities carried out by the forest fields of the regime or the National Forest Regia-Romsilva in order to ensure the security and supervision of the health of the forests and to establish the annual works forestry provided by the forestry arrangement, in compliance with the forestry regime; the execution of the established forestry works is done in its own direction, by the forestry offices that ensure the administration or the forestry services or through service supplies, in the law. 47. Forestry-the ensemble of concerns and actions regarding the knowledge of the forest, its creation and care, the harvesting and rational valorization of its products, as well as the organization and management of the entire sustainable management process of forest 48. Materials storage spaces-delimited spaces, in which the holder of wood materials has the right to carry out their storage in order to dispatch for transport, primary and industrial processing, marketing, as well as and primary platforms at the place of harvesting wood on the foot 49. Massive condition-the stage from which a regeneration can develop independently, as a result of the fact that its component specimens achieve a desime that ensures their mutual conditioning in growth and development, without the need to works of additions and maintenance 50. Household subunit-division of a production/protection unit, constituted as a result of the group of stands in the production unit and/or protection according to the household goal 51. Land related to the sold assets-land area of the technical documentation approved for the sale of an asset of the National Forest Regia-Romsilva, under the law. The surface in the technical documentation may not exceed the surface of the design unit on which the asset is located 52. Non-productive land-the land in the area of at least 0,1 ha, which does not present stationary conditions allowing the installation and development of a forest vegetation 53. Degraded land outside the national forest fund-land that through erosion, pollution or destructive action of some anthropogenic factors has permanently lost its agricultural production capacity, but can be improved by afforestation, and Namely: a) land with very strong and excessive surface erosion; ... b) land with deep erosion-greyhounds, ravines, torrents; ... c) lands affected by active slips, collapses, surges and muddy leaks; ... d) sandy lands exposed to erosion by wind or water; ... e) land with agglomerations of gravel, boulvanis, grohotis, cliffs and deposits of torrential alluviums; ... f) land with permanent excess moisture; ... g) the salted or heavily acidic land; ... h) land polluted by chemical, petroleum or noxe substances; ... i) land occupied with mining halls, industrial or household waste, loan pits; ... j) non-productive land, if they do not constitute as natural habitats; ... k) lands with moving sands, which require afforestation works to fix them; ... l) land in any of the categories mentioned in lett. a)-k), which were improved by forest plantations and from which the vegetation was removed. ... 54. Functional type-the totality of functional categories that require the same management regime 55. Production/protection unit-forest background area for which a forestry arrangement is developed. The following principles shall be considered when setting up a production/protection unit: a) may be constituted on basins or on hydrographic basins or properties; ... b) the delimitation is made by natural, permanent artificial limits, on the limits of administrative-territorial units or on the limit of forest property, as the case ... c) the minimum area of the production/protection unit for which a forest arrangement is developed is 100 ha; ... d) are included in a unit of production and/or protection of whole, unfragmented properties; the properties may be fragment only if their surface is greater than the maximum area laid down by the technical rules for a unit of production/protection. ... 56. Forest vegetation outside the national forest fund-forest vegetation located on land outside the national forest fund, which does not meet one or more criteria for defining the forest, being made up of the following Categories: a) plantations with forest species on agricultural land; ... b) forest vegetation on pastures with a consistency of less than 0,4; ... c) wooded fanettes: trees located in fanettes; ... d) trees in the areas of protection of hydrotechnical works and land improvements; ... e) trees located along watercourses and canals; ... f) green areas of intravilan, other than those defined as forests; ... g) stands, other than those contained in forests; ... h) the alignment of trees located along the transport and communication routes. ... 57. Poor area in forests-the county where the forest fund area represents less than 30% of its total area This law was adopted by the Romanian Parliament, under the conditions of art. 77 77 para. (2), in compliance with art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT VALERIU-STEFAN ZGONEA SENATE PRESIDENT CĂLIN-CONSTANTIN-ANTON POPESCU-TARICEANU Bucharest, June 8, 2015. No. 133. -------
