Law No. 133 Of June 8, 2015 Amending And Supplementing Law No. 46/2008 - Forest Code

Original Language Title: LEGE nr. 133 din 8 iunie 2015 pentru modificarea şi completarea Legii nr. 46/2008 - Codul silvic

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LAW no.
133 of June 8, 2015 amending and supplementing Law no. 46/2008 - Forest Code
Issued



PARLIAMENT Published


Official Gazette no. 411 of June 10, 2015

Romanian Parliament adopts this law.

Article I


Law. 46/2008 - Forest Code, published in the Official Gazette of Romania, Part I, no. 238 of 27 March 2008, with subsequent amendments, shall be amended and supplemented as follows:
1. In Article 1 (1) is amended to read as follows:
"Art. 1 - (1) The total forest land for afforestation, those serving the needs of culture, production or forest administration, the ponds, stream beds, other estates forestry, including unproductive included in forest management plans at January 1, 1990, including any amendments surface, according to operations of input-output made under the law, constitute any form property, national forest. "
2. In Article 1 (2), letter g) is amended to read as follows:
"g) the land occupied by construction and related courts: administrative offices, cottages, pheasant farm, trout, livestock hunting interest, road and rail timber transport, industrial enterprises and other technical facilities of the forestry sector, land temporarily occupied and those affected by pregnancy and / or litigation and forest lands within the corridor and border protection strip of the state border and designed to achieve the objectives of the Integrated Border Security State; "
March. Article 1 (2), points i), j) and k) is repealed.
4. Article 2 (2), points a), c) and d) is amended to read as follows:
"a) use forest lands included in the forestry management on 1 January 1990 including changes area, according to the input-output operations carried out under the law;
.

c) lands that are installed junipers;


d) wooded land covered by pastures consistency greater or equal to 0.4, calculated only for the actual area occupied by forest vegetation; "


May. In Article 2 (2), after letter d) introduces a new letter, e), as follows:
"e) plantations of forest species protection areas water management and land reclamation completed public property, which meet the requirements of art. 2 para. (1). "
June. In Article 3, paragraph (2) insert a new paragraph (3), as follows:
"(3) Proof of ownership in publicly owned forest land management by the administrator is done according to the law and on the basis forest management, under the forest regime. "
July. In Article 5, paragraph k) the following two new letters, letters l) and m), as follows:
"l) forest management on the principle of territoriality;

m) products to mitigate the consequences of changes climate on forests and adaptation of forests to climate change. "


August. Article 9 (5) shall be amended to read as follows:
"(5) The district's specialized central public authority responsible for forestry is established for the minimum area of ​​forest fund as follows: || |
a) 60,000 ha in the lowlands;


b) 120,000 ha in hilly areas;


c) 180,000 ha in the mountains. "


September. Article 10 is amended to read as follows:
"Art. 10. - (1) It is compulsory administration or, where appropriate, the provision of services for the entire forest national forests, regardless of ownership, through forest ranges. For forest public property owned by forest Research and management Institute, reorganizing the National Institute of Forestry Research and Development "Marin Drăcea», the administration is performed by structures within it.

(2 ) administration and forestry services, where appropriate, ensure authorized by forest districts, referred to as forest districts, which are of two types:



A) state forest districts - the structure of the National Forest - Kerslake and structure Administration Autonomous State Protocol Patrimony, which manages the state forest fund public property and are established by them; Institute of Forestry Research and Management, which reorganizes the Institute for Research and Development in Forestry "Marin Drăcea» can ensure delivery by experimental bases, which are assimilated forest districts of the state, but only Forestry public property which has administrators, law;


B) regime forest districts, which are established under the law, the administrative-territorial units, individuals or legal entities that own forestry fund or associations formed by them.


(3) Forest Districts in para. (2) are of public interest and may administer or provide forestry services, where appropriate, and other forestry properties, based on contracts, which shall be enforceable on the amounts owed by the owner for management or service assurance forestry, appropriate except forest district's own Autonomous administration of State Protocol Patrimony, which can provide management or forestry services only forest in that it has its own administration.


(4) property associative forms in which the state owns forest land tenancy, the state is represented in its rights by the Ministry of Finance. "


10. Article 11 (1) and (3) is amended to read as follows:
"Art. 11. - (1) The forest is public property administered by the National Forest - Kerslake, autonomous national interest under the authority of the state by the central public authority responsible for forestry, Forest Research and Management Institute, which reorganizing the National Institute of Forestry Research and Development "Marin Drăcea" and the Autonomous Administration of State Protocol Patrimony, through its forestry constituted under the law.
.

(3) The forest public property can not be leased, with the following exceptions:


A) land related to assets sold, under the law, the National Forest - Kerslake, during the life of the building, but no more than 49 years after concluding the concession contract;


B) land on targets built before 1990, other than those provided in the Electricity Law and Gas no. 123/2012, as amended and supplemented, in-service date of entry into force of this law, the life of the goals, but not more than 49 years after concluding the concession contract, provided that the objective. "


11. Article 11 (7), letters b) and e) is amended to read as follows:
" b) managing forest owners other than the state or provision services for other forest owners, rental of goods, according to the law;
.

E) the services provided by forest ecosystems maintaining protective functions of forests, which are borne by the beneficiaries of direct and indirect forest ecosystems services, to be transferred to the fund for improving forest land purpose, the methodology for quantifying protective functions of forests and their settlement procedure approved by order of the head of the central public authority responsible for forestry; '


12. Article 11 (7), after letter f) introduces a new letter, f ^ 1) as follows:
"f ^ 1) 20% of rents for temporary occupation of forest land public property,"
13. Article 11 after paragraph (8) the following two new paragraphs (9) and (10), as follows:
"(9) disputes related to forest management public property, copyright holder will stand court on his behalf.

(10) disputes relating to ownership of forest public property, the owner of the administration is required to show the court who is the owner of the property, according to the Code of Civil Procedure. The holder shall be responsible under the law for damages caused by failure to perform these obligations. "


14. Article 12 is amended to read as follows:

"Art. 12. - (1) The forests are public property of the administrative territorial units is administered by forest districts regimen that works as autonomous local interest, or based on contracts with the state forest districts, so as regulated in art. 10 par. (2) and (3).

(2) forest Districts regime that does not operate as autonomous local interest can provide forestry services for publicly owned forest units counties. "


15. Article 13 (1) and (2) is amended to read as follows:
"Art. 13. - (1) For the forest private property of individuals and legal entities, management and / or services Silva performed by forest districts regimen that works similar associations and foundations or companies under company Law no. 31/1990, republished, as amended and supplemented, or under contract with other forest districts.

(2) forest Districts regime in para. (1) may be both owners and their associations and structures can function under senior forestry. "


16. Article 14 (1) is amended to read as follows:
"Art. 14. - (1) Forest Districts regime laid down in art. 12:13 legal personality, drawn balance, balance sheet own have annual budget of income and expenses separately, they have. "
17. In Article 14, after paragraph (2) insert a new paragraph (2 ^ 1) as follows:
"(2 ^ 1) of the forest that does not meet the condition set out in par. (2) to 31 March this year, after prior notification made by the central public authority responsible for forestry, rights suspended in the use of special registers fingerprint round until the condition. "
18. Article 14 (3) and (4) is amended to read as follows:
"(3) The management and legal representation of the regime are carried forest district chief of forests, called the sole owner, board local board of directors or general assembly, where appropriate, the opinion of the central public authority responsible for forestry. the management of forest district state is ensured by the head of detour, which is appointed by competition, by the head of the National administration Forests - Kerslake.

(4) Heads forest districts referred to art. 10 par. (2) forest structures and leaders are senior employees with an employment contract of indefinite duration and must have a minimum age 5 years and 8 years as forestry engineers educated in forestry, according to regulations. "


19. In Article 14, after paragraph (4) insert a new paragraph (5), as follows:
"(5) of the forest whose head is appointed under par. (3) and (4) is withdrawn after a period of 45 days from the date of failure conditions, operating authorization issued by the central public authority responsible for forestry. "
20. Article 15 (5), point c) is amended to read as follows:
"c) the services provided by forest ecosystems maintaining protective functions of forests, which are borne by the beneficiaries of direct and indirect ecosystem services forestry which is transferred to the fund for improving forest land purpose; "
21. Article 15 (5), after letter h), introduce a new letter, i), as follows:
"i) selling carbon credits."
22. Article 16 is amended to read as follows:
"Art. 16. - (1) The management and forestry services, where appropriate, shall ensure compliance with the principle of territoriality.

(2) Forestry Department constitutes works and manages and / or services to forest areas under forest fund within the territorial limits of the county in which they have their registered office and its neighboring counties with the principle of territoriality.


( 3) an exception from provisions of par. (2) sole proprietor who owns the forest fund to other counties than the county where forestry has its registered office in the neighboring counties, who may be a detour forestry regime, with compliance with this law.



(4) Forestry Department which manages and / or provides forestry services in proximity to an area of ​​forest fund public or private property of the administrative-territorial units or private property of individuals and legal entities must ensure contract administration / forestry services at the written request of the owner.


(5) If forest management for which there is not insured or forestry services, taken over for administration, ie ensuring forestry services, background check is done by the forestry to sign a contract management or forestry services as appropriate. "


23. Article 17 (1) is amended to read as follows:
" Art. 17. - (1) Compliance with forestry regime is mandatory for all owners or holders of forest fund. "
24. Article 17 (2), points a) and i) shall be amended as follows: || | "a) ensure the development and comply with forest management and provide administration / forestry services for forest owned, under the law;
.

I) have defined owned forest, according to ownership documents or cadastral documents, if necessary with boundary signs, and to maintain them in good condition; "

|| | 25. Article 17 (3) is amended to read as follows:
"(3) If forest management through forest districts authorized obligations under par. (2) belong to them, except in para. (2) i). "
26. In Article 18, the introductory part is amended to read as follows:
" Art. 18. - Owners of forest vegetation outside the forest land shall: "
27. Article 19 (1) is amended to read as follows:
" Art. 19. - (1) The way management is regulated by national forest silviculture, which is the basis of specialized cadastre and title deed of the State Forestry public property. "
28. Article 20 (1) is amended to read as follows:
"Art. 20. - (1) forest management plans will be developed production units and / or protection, in compliance with technical planning. Regulating the production process for forests on properties with areas less than 100 hectares, included units of production / protection incorporated within the same commune or the same city or municipality, is at the stand, provided that continuity at this level applying appropriate treatments. "
29. Article 20 after (1) the following two new paragraphs (1 1) and (1 ^ 2), as follows:
" (1 ^ 1) Establishment of forest planning is mandatory for fund forest properties larger than 10 hectares.
(1 ^ 2) An owner who has signed a management contract or forestry services for a period of 10 years for forest properties of a surface exceeding 10 hectares may harvest a volume of more than 3 cm / year / ha on this forest, according to the structural features of the stand. "
30. Article 20 (2) and (5) shall be amended to read as follows:
" (2) the technical rules set par. (1) are developed and approved by the central public authority responsible for forestry in cooperation with the Academy of Agricultural and Forestry Sciences "Gheorghe Ionescu-Şişeşti» with other specialized institutions and NGOs with the following principles: || |
A) the principle of continuity and permanence of forests;


B) the principle of functional effectiveness;


C) the principle of preserving and improving biodiversity;


D) economic principle.



..
(5) Where the forest management includes several properties at the request of the owners, the specialized company authorized to work in forest management planning issue a statement with appropriate information of each property. "

| || 31. in Article 20, after paragraph (7) the following new paragraph (8), as follows:
"(8) the exploitation of wood under a forest management is based on mining permits issued by the chief of the forest, which include requirements regarding conditions in terms of environmental protection for the activities and measures for monitoring. "
32. Article 21 (3) b) and (4 ) is amended to read as follows:

"B) owner, to fund forest areas larger than 10 hectares or administrator if the owner has established detour forestry regime and administering its forest.

(4) Spending on development of forest management are covered from the fund for improving forest land intended for surface up to 10 ha / property, whether or not contained in an association, at least notarized. "


33. Article 22 (2) is amended to read as follows:
"(2) Every year, between January 1 to 31, FMUs are obliged to submit territorial forest structures subordinated to the central public authority responsible for forestry the comparative situation of the forest arrangements and silvicultural work actually done in the previous year, the production unit level. "
34. Article 23 (1) is amended to read as follows:
"Art. 23. - (1) Forests, as defined in this code prior to entry into force, were part of category forest vegetation from areas outside of the national forest are national forest and integrated production units and / or existing protection or constitute production units and / or protecting us, whether the conditions imposed by the technical arrangement of forests. "
35. Article 24 (1) is amended to read as follows:
"Art. 24. - (1) In the case of forest vegetation on land outside the forest, as defined in this code, and any other land owner can opt for inclusion in the national forest, in which forest management plans be drawn up and included in an existing forest management. "
36. In Article 25, after paragraph (2) insert a new paragraph (3), as follows:
"(3) In order to quantify the volume of timber not harvested due to the imposition of protective measures for classified forests in functional group I, which is not regulated production process wood, forest management will provide distinct and regulate the production process for them, considering them in group II functional. "
37. Article 26 is amended to read as follows:
"Art. 26. - (1) To conserve and enhance biodiversity will consider the 4 forms of it: genetic, species, ecosystem landscape.

(2) the establishment of protected areas in the forest fund is made according to the specific legislation in force, with the prior approval of the central public authority responsible for forestry.


(3) virgin forests and cvasi will be strictly protected and are included in "National Catalogue of virgin forests and cvasi» constituted as a tool for tracking and management by order of the head of the central public authority responsible for forestry. in recognition of exceptional value and ensuring long-term protection forests cvasi virgin shall include, where appropriate, UNESCO World Heritage Site, scientific reserves and / or their integration into zones of strict protection of national parks or natural.


(4) Preserving and enhancing biodiversity is achieved by:


A) Conservation forest landscape mosaic by maintaining clearings, meadows, fields and quiet feeding wildlife and habitats marginal;


B) creation of stands with diversified structures, compositions in accordance with fundamental natural forest type and applying intensive treatments and other forestry practices favorable to preserving and improving biodiversity and natural regeneration of trees;


C) within the required ecological conservation of dead wood found on the ground and on foot. "


38. Article 29 (1), (2), (4) and ( 5) shall be amended to read as follows:
"Art. 29. - (1) cuttings are permitted only spruce stands structure relatively even aged trees and even aged trees, pine, poplar euramericana, willow selected, and if substitution or restoration of stands, where it is not possible to apply other treatments.

(2) In cases provided in par. (1) size of area of ​​forest covered with cuts breed is not more than 3 ha, except stands of poplar euramericana and willow selected, placed in enclosures dammed, requiring preparation mechanized land, in which the surface is not more than 5 ha. Surfaces covered with cuts between races will keep a minimum distance of two heights of trees.





(4) Making a stand of cuts breed side by side with another cutting race is allowed only after the closure of the massive state previously cut surface. If solid state is not completed within a period of 7 years from the first cutting race, joining is allowed, provided the whole surface afforestation precut. Execution in a stand of cuts breed, unique, is allowed only if the neighbor has secured perimeter stands solid state.


(5) cuttings in national parks and nature parks are prohibited except stands where natural regeneration can not be ensured by other cuts. "


39. In Article 30, paragraphs (1) and (2) is amended to read as follows:
"Art. 30. - (1) artificial regeneration works and supplementing the natural regenerations are running later than two seasons at single or final cut.

(2) The works regeneration of seedlings and plantation maintenance and care of trees must be executed so as to achieve compositions established by forest planning and / or studies. "

|| | 40. in Article 30, after paragraph (4) the following two new paragraphs (5) and (6) as follows:
"(5) the work of regeneration, maintenance of seedlings and plantings and care of trees or forest ranges is performed by licensed legal persons under the law.

(6) Rules and criteria for licensing of legal entities referred to in para. (5) approved by order of the head of the central public authority responsible for forestry in consultation with associations and organizations and local authorities' association. "


41. Article 32 (3 ) is amended to read as follows:
"(3) Estimates provided in par. (1) expressly or tacitly accepted by non-contestation of the owner, within 30 calendar days from the date of communication of the enforcement, the basis for the execution of regeneration. "
42. Article 33 ( 2) letters a), c), f) and g) is amended to read as follows:
"a) the amount of forest land permanently removed public property, where not offered land compensation;


C) 30% of the rent for temporary occupation of forest land public property;




F) 10 to 25% of the timber authorized for operation, products derived from primary and accidental I calculated at the average price of a cubic meter of standing timber; Forestry public property, the annual percentage rate, where the main products is established by National Forest - Kerslake, namely the Institute of Forest Research and Management, which reorganizes the National Institute for Research and Development in Forestry «Marin Drăcea ", and the Autonomous Administration of State Protocol Patrimony, through its forestry; for other forms of forest ownership, the annual percentage rate, where the main product is determined FMUs mentioned in art. 10 para. (2) b);


G) the amount representing the cost of installation / resettlement of forest vegetation for land subject to compensation / temporary employment and the costs necessary to achieve a state of massive national forest lands; "

| || 43. Article 33 (3), letters c), g) and h) is amended to read as follows:
"c) resettlement of forest land temporarily occupied the national forest fund;
.

G) working recesses and cleansings;


H) the purchase of agricultural land and forest, under the law; "


44. Article 33 (3), after letter h), three new letters, letters i ), j) and k), as follows:
"i) forest management with special protection functions, while not covered wood production process;

J) conducting studies and forest protection;


K) lands that are installed fencing natural regeneration and plantations. "


45. In Article 33, paragraphs (4) and (7) is amended to read as follows: | || "(4) Creating a fund conservation and regeneration of forest resources in para. (2) f) are at their redemption date. Feeding fund forest conservation and regeneration is done after the resources provided in par. (2) become due.



(7) If the forest private property of individuals and legal entities and public and private property of the administrative territorial units, after deducting the expenses of the fund forest conservation and regeneration for destinations in para. (3) a) -d), the remaining amount available shall be returned upon request of the owner. "


46. Article 36 (2) and (3) is amended to read as follows: | || "(2) upon request, the land to be achieved the objectives set out in para. (1) can compensate for area applied, in which case no longer pays the land to be removed permanently from the national forest, but other monetary obligations are paid in advance.

(3) Compensation under par. (2) is made with ground surface and whose value is at least equal size and value of the land subject to removal from the national forest. "


47. In Article 36, after paragraph ( 3) insert a new paragraph (4) as follows:
"(4) Notwithstanding par. (2) reducing national forest by removing the final of land public property, covering up to 400 square meters, to achieve the objectives of the Integrated Border Security State is done without compensation and without payment of other monetary obligations at the request of the Interior Ministry. "
48. Article 37 is amended to read as follows:
" Art. 37. - (1) can be removed permanently from the national forest, only if their compensation without reducing the forest area and prepay the monetary obligations, or only land needed for the extension of the following categories of works and objectives:

A) exploitation of mineral resources referred to in art. 2 para. (1) of Law no. 85/2003 - Mining Act, as amended and supplemented;


B) tourist, leisure facilities including tourist accommodation units of worship, sporting objectives, medical and social objectives achieved only by social service providers; for administrative territory in areas of economic interest Biosphere Reserve "Danube Delta" can be achieved mooring pontoons for boats for tourism and recreation and food supply and fuel, floating pontoons and fish shelters for fishermen organized into associations;


C) housing or vacation houses, only forest private property of individuals and legal entities;


D) targets in national forest installed before 1990, and the areas related to assets sold, under the law, the National Forest - Romsilva;


E) sources and water and sewage networks, power networks and conventional and renewable energy resources, networks and communications systems, county and local interest roads, recreational parks, theme parks and / or educational and works and / or hydraulic structures and fisheries;


F) exploration of the following mineral resources: coal, rocks, mineral aggregates, ores; exploration, exploitation and transportation of oil and gas resources, as well as installation, repair, maintenance, decommissioning distribution networks or transport oil, natural gas or electricity.


(2) Location of the objectives set out in para. (1) c) is subject to the following conditions that must be met:


A) construction and land on which to place are owned by the same person;


B) the maximum area that can be definitive removal of forest, including construction, access and fencing is up to 250 meters for forest properties larger than 5 ha and a maximum of 5% of forest ownership, but more than 200 m², whether forest property area is less than 5 ha.


(3) Compensation under par. (1) shall be physically land that has 5 times the amount of land that is removed permanently from the national forest and land surface given compensation can not be less than 3 times the area of ​​land subject to removal from the national forest . The objectives set out in para. (1) e) where the beneficiary is an administrative unit or a public, land clearing is a surface whose value is at least equal size and value of the land subject to final removal.



(4) Notwithstanding the provisions of paragraph. (3) for areas of less than 50 m², the beneficiary removal definitive may not offer the land in compensation, in which case you must pay in advance for approval, an amount five times greater than the value of the land subject to removal, amount is transferred to the fund for improvement of the land with forest destination, in which case do not pay the costs of installation and maintenance of forest vegetation to achieve solid state.


(5) The fee percentage set out in Annex. 2 Land Law no. 18/1991, republished, as amended and supplemented, which applies to the calculation of financial obligations, is 100 if compensated definitive removal of national forest land.


(6) Land that netted under par. (1) should be only outside the national forest, but the surrounding seven to be afforested. In the event that the minimum area of ​​land that netted more than 20 ha, it can not be adjacent forest, but must be compact. Unable to compensate the degraded land unproductive in terms of forest or land located in the steppe areas, alpine and subalpine.


(7) lands in para. (6) are required entry in silviculture and forestry services providing administration or within 30 days of the approval of the definitive removal from the forestry and afforestation within two seasons.


(8) In the counties where forest area is under 30% of the county, land clearing is only within the same county.


(9) Land which was issued approving the definitive exclusion from the national forest and land clearing over to acquire legal status of land they replace and fall in the land under the articles of agreement and the minutes handover, concluded between the parties under the law.


(10) The arrangements necessary for the forest-park not subject to definitive removal / temporary employment in the forest and are only permitted if the realization arrangements do not involve cutting of trees or deforestation.


(11) Authorizing construction at distances less than 50 meters from the edge of the forest outside the forest is done with the territorial structure of the central public authority responsible for forestry, based on documentation submitted with the location coordinates stereographic 1970 . "


49. Article 39 (1), (4) and (5) shall be amended to read as follows:
" Art. 39. - (1) temporary occupation of national forest land is allowed only for a specified period of time in order to achieve the objectives of the categories provided for in art. 36 and Art. 37 para. (1) e) and f) and providing advance payment of financial obligations by the customer approval for removal from the national forest that objective.

..
(4) Where, for the purpose stated in Art. 36 and art. 37 para. (1) a), b) and c) require other lands adjacent to those rendered permanently and only for the site organization, they can be occupied temporarily, for a period equal to the period of realization of the investment.


(5) Period for approving temporary occupation of land in the national forest, which use category or class of forest regeneration, includes the period of the works required for playback land in conditions apt to be forested. "| ||

50. in Article 39, after paragraph (7) four new paragraphs, (8) - (11) as follows:
"(8) If the land which has been placed in temporary employment is by use other than those referred to in paragraph forestry. (5) the beneficiary is obliged to hand over land conditions laid down in the act of approval.

(9) Notwithstanding the provisions of paragraph. (8) temporarily occupied land can take back with another category of use than the original, subject to approval use category changes within the period of temporary employment.


(10) If at the end of temporary employment land is not approved meets the requirements of para. (5), (8) and (9) the security lodged is retained in bank interest related to land improvement fund with forest destination.



(11) submitted guarantee and related bank interest under par. (10) transmitted forest range which manages and / or services of forestry at its request, to fund conservation and forest regeneration, for execution of the work required to bring the land back to the conditions laid down in the act of approval, according to the estimate of works drawn up by detour forestry and approved by the territorial structure of specialized central public authority responsible for forestry. "


51. Article 40 is amended to read as follows:
" Art. 40. - (1) Requests for temporary employment or permanent removal of national forest land, as provided in Art. 36-39, with the owner's consent and endorsed by forestry that provides management and / or forest services, where private property and public property of administrative-territorial units, respectively with the opinion of the National Forest - Kerslake, of the Institute for Research and forest arrangements, reorganizing the National Institute for Research and Development in Forestry "Marin Drăcea" or forest district established by the Autonomous Administration of State Protocol Patrimony, where forest land public property, shall be approved by: | ||
A) leader of the territorial structure of specialized central public authority responsible for forestry, for surfaces up to a hectare;


B) the head of the central public authority responsible for forestry, with the approval of the specialized structure, surfaces from one hectare to 10 ha including the situation provided for in Art. 39 para. (7);


C) Government at the proposal of the central public authority responsible for forestry, with the approval of the territorial structure specialist for quantities over 10 ha and other situations provided by law.


(2) temporary occupation of lands in the national forest for urgent interventions on remedying faults or damage to telecommunication lines, transmission or distribution of electricity, water pipes, sewer, gas, and and other similar installations is approved by the head of the territorial structure of specialized central public authority responsible for forestry, based on a request issued by the competent authorities under the law, for a period not exceeding 30 days without the need for guarantee payment for temporary occupation of forest fund.


(3) The beneficiary of temporary employment, under par. (2) land in the national forest fund is obliged to pay for the damages incurred, loss of growth of trees and the work required to bring the land back to its original state, established on the basis of the estimate, compiled under the law by the forestry which also manages and / or services endorsed by the head forestry and territorial structure of specialized central public authority responsible for forestry, the estimate being enforceable.


(4) The cost referred to in para. (3) shall be paid within 30 days of the notification referred to in paragraph estimate. (3) the beneficiary. "


52. Article 41 (1), introductory wording and points a) and b) is amended to read as follows:
" Art. 41. - (1) For land rendered permanently national forest in the cases provided for in art. 36 and 37, financial liabilities are as follows:

A) fee for definite removal of national forest land, payable in advance issuance and approval of final removal shall be deposited in the fund for improving forest land purpose, available to the central public authority responsible for forestry;


B) the consideration land removed permanently from the national forest fund, which pays private land owner for the land of individuals, businesses or public property of the administrative-territorial units, and for the state-owned land, they paid administrators forests public property, making it came to fund conservation and forest regeneration; amount set out in art. 37 para. (4) that are transferred to the fund for improving forest land purpose; "


53. Article 41 (2) is amended to read as follows:
" (2) the financial obligations referred to in para. (1) b) -e) shall be paid in advance for the field of teaching-receipt has been issued approving the definitive exclusion from the national forest. "
54. In Article 41, after paragraph (2) insert a new paragraph, (3 ), as follows:

"(3) Delivery and reception of land for which approval definitive exclusion from the national forest is the presence of the territorial structure of the central public authority responsible for forestry, only after the payment of financial obligations referred to in para. (1) b) -e). "
55. Article 42 (1), introductory wording and points a) and b) is amended to read as follows:
"Art. 42. - (1) To temporarily occupy land that national forest, where referred to in art. 39, financial liabilities are as follows:

a) guarantee, equivalent to the fee for definite removal of national forest land compensation, payable in advance issuance and approval shall be deposited in the fund to improve purpose forest land fund available to the central public authority responsible for forestry;


b) rent, payable owner if private forest property of individuals and legal entities, respectively the public and private property of the administrative-territorial forestry public property, 30% of the rent is deposited in the fund preservation and regeneration of forests, 20% is paid administrator, and 50% is deposited in the fund accessibility forests; "


56. Article 42 (2) is amended to read as follows:
"(2) The financial obligations referred to in para. (1) b) e) shall be paid in advance teaching-receipt land for which it was approval issued temporary employment of national forest. "
57. Article 43 is amended to read as follows:
"Art. 43 - Methodology for definite removal, temporary occupation and land exchange and calculation of financial obligations approved by order of the central public authority responsible for forestry."
58. In Article 45, paragraphs (1) - (3) is amended to read as follows:
"Art. 45. - (1) public property forest managers take measures for liquidation of enclaves and correcting the perimeter forest and a consolidation of public ownership of land by land-based exchanges authentic.

(2) land exchanged acquire legal status of land which they exchange these with forest destination.
| ||
(3) the methodology for the acquisition by purchase, exchange or donation, through the National forest - Kerslake and other managers of publicly owned forests, approved by Government decision, at the proposal of the central public authority forestry. "


59. In Article 45, after paragraph (4) insert a new paragraph (4 ^ 1) as follows:
"(4 ^ 1) Evaluation of land and forest vegetation on land exchanged is done based on the methodology set out in art. 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 (2) is amended to read as follows:
"Art. 46. - (1) For the exchange of land in situations where land is one of the property public exchange must meet at least one of the following conditions:


.. (2) the exchange of land referred to in para. (1) shall be initiated by the forest manager or owner of public property in If fund public property of administrative-territorial units and approved by order of the head of the central public authority responsible for forestry. "


61. Article 46 (3) is amended to read as follows:
"(3) Where the forest area is under 30% of the county, land exchange can only be achieved within the same county. "
62. Article 47 (2) - (4) is amended to read as follows:
"(2) Change category of forest land use with forestry destination from use of" forest "to use another category of Silva make payment of a fee equivalent to the fee definitive exclusion from the national forest fund to be transferred to improve the land with forest destination.

(3) Excepted from the provisions of par. (2) land for the construction of forest roads, implementation of torrential correction works, land for establishment of forest nurseries with a maximum area of ​​0.5 hectares, constituting the border corridor and protection strip of the state border, intended to achieve objectives within Integrated Border Security State.



(4) Change of land use category for the establishment of the border corridor and protection strip of the state border, those designed to achieve the objectives of the Integrated Border Security State, as well as those designed to achieve training centers is done on request of the national institutions of public order. "


63. Article 48 is amended to read as follows:
" Art. 48. - The owners of forest land, and protection of forest belts of degraded land on which works were carried out afforestation and forest districts that ensure forestry services and their administration are obliged to apply and meet specific fire safety rules approved by order of the head of the central public authority responsible for forestry. "
64. Article 50 is amended to read as follows:
" Art. 50. - Individuals found in national forest fires are obliged to immediately announce the single emergency number and to participate in their extinction. "
65. Article 51 (3) is amended to read as follows content:
"(3) in exercising the powers related to protection forest and finding the facts constituting the offenses and crimes forestry, forest personnel vested with the exercise of public authority within the remit of the law." || | 66. Article 53 (1) and (5) shall be amended to read as follows:
"Art. 53. - (1) It is prohibited grazing in the forest, in windbreaks and improvement perimeters of degraded or slip.
.

(5) Passing through the forest to livestock grazing areas, watering and housing are approved by the forestry agreement with the owner of the forest, trails and bounded specified period. Forestry public property, approval is given by the leaders of the structures provided for in art. 10 para. (2). "


67. Article 54 (2) is amended to read as follows:
" (2) Public access to the national forest with cars, motorcycles, ATVs and mopeds is prohibited, except for sports, recreation and tourism, which can be practiced only with the agreement:

A) chief of the forest, when administered;


B) owner with the opinion of chief of the forest, where the forest service assurance. "


68. Article 58 (3), point e) shall be amended to read as follows:
"e) truffles and other edible mushrooms from spontaneous flora therein;"
69. Article 58 (5) shall be amended to read as follows:
"(5) the collection and / or purchase of non-wood products specific national forest are / is based on licenses issued by the forestry service that manages and services the forest as instructed approved by order of the central public authority responsible for forestry and based on the authorization of collection / purchase issued by the competent authority for environmental protection. "
70. In Article 58, after paragraph (5) insert a new paragraph (6), as follows:
" (6) where the forest not in the administration of forests, authorizations provided in paragraph. (5) shall be issued only upon written consent of the owner of the forest. "
71. Article 59 is amended to read as follows:
" Art. 59. - (1) The maximum volume of timber harvested in a primary product management unit may not exceed their ability, established by forest land for the period of validity.

(2) The maximum volume of timber provided in par. (1) which is harvested annually as a main product management unit may not exceed the annual figures.


(3) Notwithstanding the provisions of paragraph. (2) can exceed annual figures in the following situations:


A) whether the legislation wood production process is carried out at the stand;


B) the volume of timber not harvested until the annual possibility in previous years for the implementation of forestry management plans in place.


(4) The area under trees in forest land to be traveled with care and management work is minimal.


(5) Volume provided by forest land for extraction by maintenance work and leadership, is indicative and is harvested in compliance with specific technical rules and depending on the state stands.



(6) The products are harvested entirely accidental. Protected natural areas specific legislation respecting the environment.


(7) volume products registered accidental I management units in regulating wood production process and the amount of felled trees illegally precomptează main product of chance.


(8) Precomptarea is performed within the same property.


(9) the amount of compensation is prohibited harvesting of forest management units provided by inaccessible landscape planners, landscape planners with equivalent volumes of units located in areas accessible except accidental occurrence products I.


(10) If the volume of wood affected by biotic and / or abiotic is greater than the annual figures, it can be exceeded as determined by the methodology approved by order of the head of the central public authority responsible for forestry.


(11) The volume of timber provided in par. (10) which exceeds the annual figures are precomptează year or years of implementation of forestry management plans, depending on the amount by which the. "


72. In Article 60, after paragraph ( 3) introduce two new paragraphs (4) and (5) as follows:
"(4) Recovery of wood from the forest is publicly owned with the regulation approved by Government decision.

(5) In drafting the regulation provided in par. (4) are taken into account the following principles:


A) better use of timber;


B) supporting rural development through local processing of timber;


C) capitalization of wood on foot only by certified operators; an economic operator / group of economic operators can buy at auction or negotiation if any, wood materials resulting from Main goods or accidental I, as roundwood carving the road only if provided by their own capacity to process at least 40% of the timber bought;


D) resource allocation priority of wood materials from forests in public ownership, the necessary heating of the households;


E) the transparency of the sale and marketing of wood;


F) an operator / group of economic operators may acquire / process more than 30% of the volume of industrial wood supply an assortment of species, determined as the average of the last 3 years on the basis of implementing acts authorized amount to exploitation and operated nationally, regardless of form of ownership;


G) ensuring priority for manufacturers of wood furniture industry in the State owned forests form of wood carving, based on estimated annual needs; they have right of first refusal to purchase the timber at the bid and selling on equal terms. "


73. Article 62 (1) (2) (3) and (4) is amended to read as follows:
"Art. 62. - (1) The exploitation of timber is made after obtaining the operating license and handing prosecutor with the rules of forestry and in accordance with the instructions on the timing, modalities and timing of collection, removal and transport of timber, approved by order of the head the central public authority responsible for forestry. In hilly and mountainous gives priority to technologies funiculars.

(2) The exploitation of timber is only operators licensed by attestation commission, which functions within business and professional associations in forestry nationally recognized.


(3) An exception from par. (2) owners of forest fund, individuals can exploit without attestation of their property to a volume of 20 cubic meters / year, according to the law.


.

(4) Regulation on the organization, functioning and composition of the committee referred to in para. (2) and the criteria for licensing activity logging is approved by order of the head of the central public authority responsible for forestry, the proposal institutions, organizations and professional associations and employers in the field of national representatives forest owners and local authorities' association. "


74. in Article 62, after paragraph (4) insert a new paragraph (5), as follows:
" (5) Authorisation operation is issued which manages forestry or forestry services. "

75. Article 69 (1), letters b) and c) is amended to read as follows:
"b) officers and other agents of the Romanian Police, the Romanian Border Police and the Romanian Gendarmerie;
| || c) staff involved in control of the National Agency for Fiscal Administration. "


76. Article 71 (5) shall be amended to read as follows:
"(5) wood materials seized pursuant to para. (3) shall be returned to the owners if they are identified and the perpetrators are not imposed illegal seizure, or is recovered by law. "
77. In Article 72, after paragraph (2) insert a new paragraph (3), as follows:
"(3) In order to avoid degradation, the wood materials in para. (1) can be capitalized. The equivalent thereof are recorded in a special account until final resolution of the case. "
78. Article 74 is amended to read as follows:
"Art. 74. - The central public authority responsible for forestry programs supporting scientific research and technological development in the field and pursues the effective use of the results in order to substantiate technical -ştiinţifice forest management measures. "
79. Article 75 is amended to read as follows:
"Art. 75. - (1) Scientific research and technological development in the field of forestry is carried out by the Institute of Forest Research and reorganizing, by government decision, the Institute national research and development in Forestry "Marin Drăcea», coordinated central authority for research, technological development and innovation as a national institute with legal personality, as well as other legal entities of public and private that the object of research scientific and technological development in the field.

(2) activity Forestry technological development of public property is achieved by forest Research and Management Institute, reorganizing the National Institute for Research and development in Forestry " Marin Drăcea. "National Forest - Romsilva direct grant making activity technological development services for Forest Research and Management Institute.


(3) endorsement and approval of forest management and other projects on national forest is made by the central public authority responsible for forestry. "


80. Article 76 is amended and reads as follows:
"Art. 76. - National Institute for Research and Development in Forestry "Marin Drăcea» experimental forest base administered by the state owned public property, which conducts research in order to generalize the results in the practice of forestry. "
81. In Article 78, (1) is amended to read as follows:
"Art. 78. - (1) The central public authority for education consultation with the central public authority responsible for forestry, will include curricula of compulsory education forms notions about the forest, their conservation and the role and importance in the biosphere and human life in general. "
82. Article 83 (1) is amended to read as follows:
" Art. 83. - (1) Increasing the accessibility of national forest is a prerequisite of sustainable forest management, in compliance with approved management plans under the law, if protected natural areas. "
83. Article 84 is amended to read as follows:
"Art. 84. - The construction of forest roads change is made after the approval of forest use category, in terms of art. 47 para. (1), at the request of the owner or administrator, as applicable, as follows:

A) for forest roads which takes place in the forest of public property, by their administrator;


B) for forest roads which takes place in the forest other than public property by the owner. "


84. In Article 87, after paragraph (1) shall enter a new paragraph (2), as follows:
"(2) the use and transport on the roads through the forest regulates methodology approved by order of the head of the central public authority responsible for forestry."
85. In Article 88, paragraph (1) shall be amended to read as follows:

"Art. 88. - (1) The development of national forest and expansion of forest areas constitute an obligation of the central public authority responsible for forestry and a national priority to ensure ecological balance local, national and global and is achieved through national afforestation program. "
86. In Article 88, after paragraph (3) introduce two new paragraphs (4) and (5) as follows:
"(4) National Forest - Romsilva can acquire land in afforestation with priority degraded land so that the forest area of ​​public property to grow.

(5) Financing activities provided in par. (4) are provided from: the own funds of the National forest - Romsilva fund improvement of the land intended for forest fund forest conservation and regeneration, as well as the state budget. "


87. In Article 90, paragraphs (3) and (4) is repealed.
88. Article 95 (2) is amended to read as follows:
"(2) property associative forms in para. (1) is guaranteed, indivisible and inalienable, and its being the provisions of Art. 27 of Law no. 1/2000 for the reconstitution of ownership of agricultural land and forest, required under the provisions of the land Law no. 18/1991 and Law no. 169/1997, as amended and supplemented. "
89. Article 97 (1), point e) shall be amended to read as follows:
"e) restoring forests where amounts up to the maximum fund forest conservation and regeneration are insufficient, and inland timber transport affected by natural disasters or fires with unknown author; "
90. In Article 97, after paragraph (1) insert a new paragraph (1 1) as follows:
"(1 1) Imposing restrictions to forest owners in forest planning by Parks Regulations national, natural, biosphere reserves and Natura 2000 sites or by other rules, including establishing different types of functional groups, can be done with the consent of the owner or the payment of a fair and prior compensation paid annually to compensate fully unrealized gains of forest owner, person or entity. "
91. Article 105 is amended to read as follows:
"Art. 105 - (1) Damage brought national forest, 'the injury, whatever the legal nature of the property is assessed by forestry staff, under the law .

(2) the amount of damages referred to in para. (1), caused by acts constituting crimes or misdemeanors in the forests through forest planning falling under the functional is determined by multiplying two times the value obtained law.


(3) where the damage assessed according to para. (1) has not been recovered forestry or forestry services that ensure forest management, in accordance with Government Ordinance no. 92/2003 regarding the fiscal procedure Code, republished, as amended and supplemented, it recovers the basis of the report, of the control of forest fund / partly drawn up by the forestry staff by tax authorities subordinate to the National Agency of Administration imputed tax for legal entities injury. The amounts thus made are revenues to the state budget, and for the harm imputed individuals from the tax authorities of the administrative-territorial units, the amounts realized are revenues to the local budget. "


92 . Article 109 (2), point b) is amended to read as follows:
"b) national forest located in protected natural areas of national interest."
93. Article 117 is amended reads as follows:
"Art. 117. - In addition to prosecuting authorities are competent to find the facts set out in art. 106, 108-110 and 114 forest personnel of the central public authority responsible for forestry and territorial structures with specific forestry forestry staff within National Forests - Kerslake and its territorial structures, forest personnel operating within forest districts authorized officers and noncommissioned officers of the Romanian Gendarmerie. "
94. Article 123 is amended to read as follows:
" Art. 123. - The average price of a cubic meter of standing timber shall be determined annually by Government decision at the proposal of the central public authority responsible for forestry. "

95. Article 127 (9), points a) and b) is amended to read as follows:
"a) to stimulate forestry personnel who work in the central public authority responsible for forestry and forestry territorial structures thereof;

b) 50% to boost forestry personnel within National Forests - Kerslake and private forest districts and 50% for investments related to guarding forests and financial support of actions brought by legal person. "


96. In Article 135, paragraph (3) shall be amended to read as follows:
"(3) The ownership of forest lands being exercised from the date of issue of the minutes of their livery, every new owners They are obliged to provide management / forestry services under this law. "
97. Article 135 (4) is repealed.
98. Article 136, paragraph (1) shall be amended to read as follows:
"Art. 136. - (1) National Forest - Romsilva paid or forest district manager that provides services for the areas of forestry forest fund amounts retroceded fund conservation and forest regeneration related to the amount of timber harvested by cutting the main products and incidental I, minus the amounts spent on regeneration for the validation period with site assessments, to the issuance of the area. "
99. Article 137 is amended to read as follows:
"Art. 137. - The area of ​​forest fund, other than public ownership, which is not regulated wood production process, the certified and those aged stands up to 20 years are exempt from taxes. "
100. The Annex is amended and replaced by the annex which is an integral part of this Law.

Article II


(1) The functioning authorization of forest districts referred to in art. 10 of Law no. 46/2008 - Forest Code, as amended and supplemented, as amended by this Act, issued before the entry into force of this law remain valid.


(2) The provisions of art. 14 para. (5) of Law no. 46/2008, as amended and supplemented, as amended by this Act shall apply authorized forest districts.


(3) The requirement to coordinate action Identification of forests provided for in art. 23 para. (1) of Law no. 46/2008, as amended and supplemented, as amended by this Act, until their arrangement in accordance with this Law, returns territorial structures specialized central public authority responsible for forestry, based on a substantiations performed by authorized legal entities for setting forests and forestry education institutions with specific, within 12 months after the entry into force of this law.


(4) The provisions of art. 42 of Law no. 46/2008, as amended and supplemented, as amended by this Act shall apply temporary employment approved after the entry into force of this law.


(5) Within 12 months of the entry into force of this law, the amounts referred to in art. 136 par. (1) of Law no. 46/2008, as amended and supplemented, as amended by this Act, shall be paid for the forest areas unregenerate or who have not achieved solid state.


(6) The cost of retaining surplus units by seizure-related RMU Sector "Land use, land use change and forestry" in the National Inventory of greenhouse gas Greenhouse is transferred to the fund for improvement of the land with Forestry destination, the beneficiaries are owners of forest land. Establishing the institutional framework for the management, exploitation, use and management of surplus units retaining the seizure is made by government decision on a proposal from the central public authority responsible for forestry and central public authority for environment and climate change.


(7) National Forestry Strategy is developed by the central public authority responsible for forestry and approved by Government decision.


(8) National Forestry Council is established as a professional, unincorporated. Establishment and Regulation of organization and functioning is approved by order of the head of the central public authority responsible for forestry.



(9) Since the entry into force of this law, private forest districts under Art. 12 and 13 of Law no. 46/2008, as amended and supplemented, are forest districts regime.


(10) Source of funding provided for in art. 11 para. (7) f ^ 1) of Law no. 46/2008, as amended and supplemented, as amended by this Act, shall be paid from the month following the entry into force of this law.


(11) senior forestry structures under Art. 13 of Law no. 46/2008, as amended and supplemented, as amended by this Act, which acquired legal personality from the moment of their registration in the National Register of forest managers and forest districts, retain its legal personality so acquired.


(12) penalties provided in Art. 14 para. (2 ^ 1) of Law no. 46/2008, with subsequent amendments introduced by this law shall apply from next month entry into force of this law.


(13) Heads forest districts that the entry into force of this law are appointed with respect to art. 14 para. (3) and (4) of Law no. 46/2008, as amended and supplemented, as amended by this law, are obliged to obtain the opinion of appointment, within 90 days from the date of entry into force of this law.


(14) Where forest districts that are found in the case under par. (13) the term stipulated in art. 14 para. (5) of Law no. 46/2008, as amended and supplemented, shall be extended by 90 days.


(15) Forest Districts having acquired legal entity under the terms of art. 15 of Law no. 46/2008, as amended and supplemented, pending the entry into force of this law, retains that quality after entry into force.


(16) trusts or forestry services provided in art. 16 of Law no. 46/2008, as amended and supplemented, as amended by this law concluded before the entry into force of this law remain valid legal conditions in force at the time of their conclusion.


(17) The forest provided in art. 20 of Law no. 46/2008, as amended and supplemented, approved before the entry into force of this Act shall remain valid until the entry into force of the act regulating the application of a new forest management plans developed under this law.


(18) The provisions of art. 33 para. (2) a), c), f) and g) of Law no. 46/2008, as amended and supplemented, as amended by this Act, shall apply from next month of entry into force of this law.


(19) Repayment of the sums referred to in art. 33 para. (7) of Law no. 46/2008, as amended and supplemented, as amended by this Law shall be made at the end of the fiscal year in which took place last reception of works referred to in Art. 33 para. (3) a) -d) of Law no. 46/2008, as amended and supplemented, as amended by this Act.


(20) The documentation of removal or temporary occupation of national forest, submitted before the entry into force of this law, but have not been approved, will be restored in compliance with art. 36 para. (4) and art. 37 of Law no. 46/2008, as amended and supplemented, as amended by this Act.


(21) approvals regarding the withdrawal or temporary occupation of national forest issued legal conditions existing at the time of issuance, before the entry into force of this law remain valid.


(22) Methodology for definite removal, temporary occupation and land exchange and calculation of financial obligations provided for in art. 43 and 45 para. (3) and (4 ^ 1) of Law no. 46/2008, as amended and supplemented, as amended by this Act, 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. By approving this methodology will use the methodology of land value establishment and calculation of financial obligations in force at the effective date of this law.



(23) Specific rules for fire protection under Art. 48 of Law no. 46/2008, as amended and supplemented, as amended by this Act, 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 existing legal rules remain in force after the entry into force of this law.


(24) Multiplying twice the amount of damages under Art. 105 par. (1) of Law no. 46/2008, as amended and supplemented, as amended by this Act, the forests through forest planning falling under the functional, will apply after the entry into force of this Act, unless the damage resulted from acts constituting crimes or misdemeanors.


(25) Any reference in the regulations in force on private forest districts shall be deemed to be made to FMUs regime.


Article III


Upon entry into force of this Act are hereby repealed:

A) Government Decision no. 85/2004 approving the Regulation for selling timber forestry fund by holders of public property by economic agents, published in the Official Gazette of Romania, Part I, no. 121 of 10 February 2004, with subsequent amendments;


B) pt. 8 of art. 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. 46/2008 - Forest Code, published in the Official Gazette of Romania, Part I, no. 238 of 27 March 2008, with subsequent amendments, as well as those made by this law, will be republished, giving the texts a new numbering.

Appendix


(Annex to Law no. 46/2008 - Forest Code)

DEFINITIONS 1. Forests - the totality of the technical, economic and legal regime carried out by forestry departments and the National Forest - Romsilva to ensure sustainable forest management, forest regime with respect
2. Forest management - basic study in forest management, containing technical and organizational, legal and economic, ecological founded.
In developing forestry management plans is mandatory following steps:

A) meeting the design theme Pre - Conference I of planning, with participation:


1. project leader and expert CTAP from authorized specialized unit;
2. chief of the forest that manages forestry or services and, where appropriate, of the owner;
March. administrator / custodian protected area, where it is partly or wholly over the forest;
4. representative structure of county or regional environmental protection;
May. the representative of the central public authority responsible for forestry or, where appropriate, specialized territorial structure thereof;

B) receipt of field work that is done in the last year of application of forestry management plans, predecessor organization of the meeting of technical solutions Pre - Conference II planning, with participation:


1. project leader and expert CTAP from authorized specialized unit;
2. chief of the forest that manages forestry or services and, where appropriate, of the owner;
March. the representative of the central public authority responsible for forestry or, where appropriate, specialized territorial structure thereof;

C) Pre technical solutions meeting - Conference II fitting is held in the year following that in which the reception of field work, with participation:


1. project leader and expert CTAP from authorized specialized unit;
2. chief of the forest that manages forestry or services and, where appropriate, of the owner;
March. administrator / custodian protected area, where it is partly or wholly over the forest;
4. representative structure of county or regional environmental protection;
May. the representative of the central public authority responsible for forestry or, where appropriate, specialized territorial structure thereof;

D) analysis and approval of the Technical Commission approval for forestry within the central public authority responsible for forestry.



By approving forestry management plans developed under this law, the provisions hearing Pre technical solutions. Neavizarea forestry management plans in Forestry Commission approval in the same year the meeting is held pre-warning to the suspension of the application of technical solutions forest arrangements until the date on which it is approved.
It is mandatory to check the application of the provisions of forest management at least once halfway through its lifecycle, according to the methodology approved by order of the head of the central public authority responsible for forestry.
March. Fitting forests - all concerns and measures to ensure the participation and preserving forests in good condition in terms of ecological, economic and social activity they fulfill and technological development is
4. Arrangements necessary for the forest-park - Forest-park facilities allowed are:

A) walkways made from organic materials with a maximum width of 2 m and bike lanes;


B) banks;


C) lighting;


D) information points;


E) toilets;


F) temporary buildings wooden building area exceeding 15 m². In the forest-park afforestation can be achieved with species that are not fundamental natural type instead of trees extracted.


Forest park will be set up at the request of the owner / manager, based on studies, the technical advisory opinion of the Committee on Forestry.
May. Stand - homogeneous portion of forest land, both in terms of phytocoenosis trees and the stationary conditions in which the same 6
forestry work. Arboretum - the area of ​​land that is cultivated, scientific or educational purposes, a collection of trees and shrubs
July. Direct beneficiaries of forest ecosystem services - people who benefit directly protective effects they generate forest ecosystems
August. Indirect beneficiaries of forest ecosystem services - people who benefit indirectly from the protective effects they generate forest ecosystems, by interrupting a direct beneficiary
September. Movement of wooden materials - wood materials action transmission between two sites, using for this purpose any means of transport, and / or transfer of ownership on wood materials
10. Composition-goal - the combination of species pursued to achieve a stand that combines optimally both in proportion and by grouping their demands multiple biological targets, socio-economic or ecological
11. Consistency - degree spacing of trees in the stand. Consistency is expressed by the following indices:

A) index density;


B) index density;


C) the index closing the canopy;


D) coverage index.


12. Background check - all actions carried out in the forest, under the law, by the forestry staff who manages forests or forestry regime control in order:

A) verify the status of limits and landscape planners terminals;


B) verifying forest area in order to identify, value inventory and assessment of trees felled offense of usable seedlings destroyed or damaged, any other damage to the forest and to establish the causes that produced them;


C) verifying the timeliness and quality of forestry work performed;


D) identifying the necessary forestry work;


E) verify the status of movable and immovable property related forest in question;


F) of inventory of forest products existing on its surface;


G) determining damages and / or damage to the forest and proposals for their recovery.


Background check becomes enforceable, after its communication and contesting within 15 days.
13. Deforestation - its complete removal of forest vegetation without being followed by its regeneration, with the change of use and / or land use
14. Owner - the owner, manager, forestry service provider, carrier, depositary, custodian and any other natural or legal person under legal title forestry fund or wood materials
15. Special device registers - marked forestry hammers, tools used by forestry staff for marking trees and timber stub

16. Forest ecosystem - biosphere functional unit consisting of biota, the predominant role they have populations of trees and the resort is located 17
. Logging - production process by which raw wood extracted from forests as provided by the forest regime
18. Sustainable forest management - the management and use of forests so as to maintain and improve their biodiversity, productivity, regeneration capacity, vitality, health, so as to ensure, now and in the future, the ability to exercise the functions of multiple green , economic and social standing local, regional, national and global levels without causing damage to other ecosystems
19. Sustainable forest management - management and use of forests and forest cover so as to maintain and improve their biodiversity, productivity, regeneration capacity, vitality, health, so as to ensure, now and in the future, the ability to perform the functions of multiple environmental, economic and social standing local, regional, national and global levels without causing damage to other ecosystems
20. Timber - all standing trees and / or shot down, whole or parts of them, including those in different stages of processing and movement in the process of logging
21. Wood materials - round or cleft working wood and firewood, timber, flanks, sleepers, sawn - rectangular or square and carved wood. This category includes trees and ornamental shrubs, Christmas trees, wicker and seedlings; wood materials are not divisible commodities.
22. Reproductive material - vegetable biological material through which the reproduction of the species and artificial hybrids trees, important for forestry purposes; these species and these hybrids are established by a special law.
23. Forest district - forestry unit established to administer or provision of services for the national forest, with a surface of incorporation as follows:

A) the plains - 3,000 ha forest fund;


B) in the hillside - 5,000 ha forest fund;


C) mountain region - 7,000 ha forest fund.


Forest Districts regime may be established by:

A) natural or legal owners or their associations and can function as associations and foundations or companies;


B) administrative-territorial units or their associations and can function as kings of local interest;


C) associations between administrative units and / or individuals and / or businesses and can function as associations and foundations or companies; for public property of administrative-territorial units, these forest ranges can only provide forestry services.


The establishment and operation of the forestry districts are counted only areas of forest fund owned or owners / association of owners who have set up the forest range.
Are exempt from the minimum area provided under this Law forestry established by the Autonomous Administration of State Protocol Patrimony.
24. Temporarily occupy the land - temporarily change the use of land for forestry purposes and periods established by law
25. Parquet - forest area where wood harvesting is carried out in pursuit of care cuts, a particular treatment, conservation work or extraction accidental or hygiene products
26. Recreational park / thematic / educational - permanent or non-permanent arrangements with who runs the purposes of recreational, with or without forest vegetation, type:

A) pergolas and / or playgrounds for children;


B) adventure park or facilities for climbing or mountaineering initiation;


C) land for paintball;


D) bike lanes or roller;


E) pathways involved;


F) shares thematic and educational.


Parks Recreational / thematic / educational constitutes, with technical advisory opinion of the Committee on Forestry, at the request of owner / manager, based on specialized studies conducted to forests as recreational, properly zoned in forest management.

27. Precomptare - action replacing wood volume expected to be harvested from stands included in the plans decennial harvesting main products volumes resulting from the collection of wood in stands affected entirely by biotic or abiotic times in stands older than 1 / 2 of technical exploitability age, affected partly by abiotic or biotic or from deforestation legal and illegal logging
28. Windbreaks - formations with forest, located at a certain distance from each other or against an object in order to protect against the effects of harmful factors and / or for improving climatic, economic, aesthetic and sanitary land | || 29. Perimeter improvement - degraded or unproductive agricultural land that can be ameliorated through afforestation, whose enhancement is needed in terms of protection of soil, water regimes, improving the environment and biological diversity
30. Orchards - culture consists of forest trees from several clones or families identified in defined proportions, isolated from sources of foreign pollen and is run so frequently produce abundant harvests of seeds harvested easily
31. Possibility - the volume of timber that can be harvested as main products from a facility management, forestry management plans based on duration of its
32. Annual possibility - the volume of timber that can be harvested from a primary product management, and possible result as the ratio between the number of years of application of forestry management plans
33. Damage - the effect of human actions by which the integrity of the forest and / or performing functions that it should provide. These actions may affect the forest:

A) directly, through actions carried out illegally;


B) indirectly, through actions whose effect on the forest can be measured in time. Fall into this type effects on them from pollution, implementation of construction, exploitation of natural resources, identifying cause-effect certified by studies of organisms, neamenajarea areas limiting fire propagation and failure to equip minimum in case of fire. Damage caused by the logging works, established under the technical instructions, not harming the forest.


34. Benefit forest - technical works carried out by forest ranges forestry contract
35. The principle of territoriality - performance management and forestry services, where appropriate, on contract, Forestry belonging to individuals, legal and administrative-territorial units that have not established detour forestry regime by one of FMUs authorized administering the forests belonging to the territorial limits of the county or neighboring counties in the area of ​​which is owned 36
. I accidentally products - affected trees in an arboretum full of biotic and / or abiotic trees in a stand aged over 1/2 of technical exploitability age, affected partly by biotic and / or abiotic or trees / stands for which regulatory approvals deforestation
37. Products accidental II - trees in a stand aged less than or equal to 1/2 of technical exploitability age, affected partly by biotic and / or abiotic
38. The provenance of timber - localized source from which they were obtained legally, namely:

A) authorized prosecutors and presented for exploitation, constituted in national forest or forest vegetation on land outside it;


B) centers, sorting and processing of timber;


C) markets, fairs and the like oboarele authorized for marketing wood materials;


D) Member States of the European Union;


E) states outside the European Union.


39. The average price of a cubic meter of wood - the average selling price of a cubic meter of standing timber, nationally determined based on the data of the previous year by the National Institute of Statistics
40. Codrului regime - general management of forests, regeneration of seed based on 41
. Grove regime - general management of forests, based on vegetative regeneration
42. Forest regime - the unitary system of technical forestry, economic and legal on land, culture, exploitation, protection and guarding of the forest in order to ensure sustainable management

43. Change of use category - change of use of forest land to keep the destination, the purpose of execution of works and providing the necessary goals administration and management of sustainable forest
44. Definitive removal from the national forest - land use change from forest to national forest to another destination in the law
45. Growing season - the time of year between the entry into vegetation and vegetative pause of a stand
46. Forestry services - technical activities carried out by the regime or FMUs National Forest - Romsilva guard and supervision to ensure the health of forests and forestry work provided the annual determination of forest land in compliance with the forestry regime; execution of forestry work is done for its own established by FMUs that manages forestry or services or by providing services under the law.
47. Forestry - a set of approaches and actions on forest knowledge creation and its care, harvesting and rational use of its products, as well as organizing and managing the entire process of sustainable forest management
48. Storage materials - spaces demarcated, the holder of timber has the right to carry out their storage for shipment for transport to primary processing and industrial markets, as well as primary platforms for from harvesting timber, leg | || 49. Solid state - the state in which regeneration can develop independently, due to the fact that copies of its components achieves a density that ensures their mutual conditionality of growth and development, without the necessary additions and maintenance works
50 . Subunit management - division one production / protection group stands up as a result of the production unit and / or protection by 51
goal management. Land for sold assets - land area of ​​technical documentation approved for the sale of an asset of the National Forest - Kerslake, under the law. Area of ​​technical documentation may not exceed the surface of the landscape planners that asset is located.
52. Unproductive land - the land area of ​​at least 0.1 ha, which do not stationary conditions enabling the installation and development of forest vegetation
53. Degraded lands outside national forest - land that erosion, pollution or destructive action of anthropogenic factors have permanently lost agricultural production capacity, but can be ameliorated through afforestation, namely:

A) land with surface erosion strong and excessive;


B) land with deep erosion - basins, gullies, torrents;


C) land affected by active landslides, collapses, landslides and mud leakage;


D) sandy soils exposed to erosion by wind or water;


E) land with clumps of gravel, boulders, debris, rocks and alluvial deposits of rain;


F) land with permanent excess moisture;


G) strongly acidic or salty land;


H) land polluted with chemicals, oil or noxious;


I) land occupied by mining tailings, industrial waste or household borrow pits;


J) the unproductive lands, if they are not considered as natural habitat;


K) land quicksand, requiring afforestation works to fix them;


L) lands in any of the categories listed at a) -k), which have been improved by the forest plantations and that the vegetation has been removed.


54. Functional Type - all functional categories which require the same management regime
55. Unit production / protection - surface forestry fund which is developed a forest management. When setting up a manufacturing / protection are taken into account the following principles:

A) may constitute basins or hydrographic basins or properties;


B) demarcation is achieved by natural boundaries, artificial permanent limits on administrative-territorial units or limit forest ownership, as appropriate;


C) Minimum unit of production / protection that is developed a forest management is 100 ha;



D) are included in a unit of production and / or protective properties whole unfragmented; properties can fragment only if the area is less exceeds the maximum established by technical norms for a production / protection.


56. Forest vegetation outside the national forest - forest vegetation located on land outside the national forest, which does not meet one or more criteria for the definition of forest, consisting of the following categories:

A) of forest species plantations on agricultural land;


B) forest vegetation pastures with consistency less than 0.4;


C) wooded grassland shafts located in meadows;


D) protection zones trees in water management and land reclamation;


E) trees situated along watercourses and channels;


F) urban green areas other than those defined as forests;


G) arboretumurile other than those contained in forests;


H) alignments of trees located along transport routes and communication.


57. Deficit areas in forests - the county where forest area is less than 30% of its total

This law was adopted by the Romanian Parliament, under art. 77 para. (2) with respect to art. 75 and Art. 76 para. (1) of the Romanian Constitution.

Chamber of Deputies Valeriu-ŞTEFAN Zgonea

SENATE CĂLIN-Constantin Anton Popescu-Tariceanu
Bucharest, June 8, 2015.
No. 133. -------

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