Law No. 120 of 19 April 2004 on the amendment of the Government Ordinance No. 96/1998 on regulating and managing forestry regime of the forest fund ISSUING national PARLIAMENT Published in MONITORUL OFICIAL nr. 408 of 6 May 2004, the Romanian Parliament adopts this law.
Article I of the Government Ordinance No. 96 of 27 august 1998 concerning the regulation of the forestry regime, and the national forestry administration, republished in the Official Gazette of Romania, part I, no. 122 of 26 February 2003 shall be amended and shall be completed as follows: 1. Article 1 shall read as follows: Art. 1.-forests, ecological functions, and you meet the socio-economic, is, regardless of their form of ownership, a wealth of national interest which benefit society as a whole. For this purpose it is necessary to ensure sustainable forest management through the establishment of concrete measures, regeneration, care and service. "
2. Subparagraph (c)) of article 3 shall read as follows: "c) privately owned forestry of worship (parishes, hermitages, monasteries), educational institutions, the Romanian Academy or other private individuals;"
3. Article 4 shall be inserted in paragraphs (3), (4) and (5) with the following contents: "(3) at the request of the holder of the majority of the forest fund, private property of natural or legal persons, and the forest roads related thereof, under a decree of the Government, in the public domain of the State and of the national forest administration-Romsilva in public domain of administrative-territorial units.
(4) the maintenance and preservation of the permanent operating state forest roads incumbent owners thereof.
(5) construction and nurseries serving, at the date of entry into force of this Ordinance, forest land which may be integral retrocession rented or sold, according to the law, with the consent of the holder of the forest structure that manages forestry respectively. "
4. Article 8 shall read as follows: Art. 8. — (1) In order to comply with regulations regarding the forest, forest owners and keepers with any title have the following obligations: a) to work out through specialised units authorized by the central public authority responsible for forestry, forestry or amenajamente, for forest land in the area of 30 hectares, summary trials. The method of elaboration and their content are those laid down in the technical standards of forests, approved by order of the Minister of agriculture, forests and rural development. The financial resources necessary to ensure that the elaboration of the national budget to individuals who manage forest individually or in associations. For private or public property forests, the area of over 30 hectares of forestry, amenajamente shall be drawn up on the property owner, Association, indiviză or production unit, as appropriate. Rules relating to insurance and the settlement of funds necessary for the elaboration of the amenajamentelor forest land-use planning studies or summaries are issued by central public authority responsible for forestry and are approved by order of the Minister of agriculture, forestry and rural development;
b) to guard the forests in order to prevent illegal logging, illegal destruction or degradation of forest vegetation, grazing, poaching and other criminal acts or offences. The owners of forests referred to in art. 12(3). (1) ensure the guard through the forest administration structures, State or private, as appropriate. Failure to provide security through approved forestry structures attract liability contravention;
c) to execute the necessary work for the prevention and control of forest pests and diseases, established by the decision-making bodies of the public authority for forestry, with his own means or surcharge, forestry structures authorized;
d) to ensure that the preventive measures and fire fighting and, as necessary, be fitted with means of first intervention;
e) to carry out the work of afforestation and regeneration of natural forest under amenajamentelor and specific technical rules. The work of afforestation will be run within a maximum period of 2 years after the mass exploitation of Woody. Otherwise it will apply the measures provided for in article 10. 67 of the law nr. 26/1996-forest code;
f) to carry out maintenance of natural and regenerărilor until solid state;
g) running on time, in accordance with the provisions of the forest of amenajamentelor and specific technical rules, care works stands-susceptible, renovation, thinning, cutting, hygiene;
h) execute cuts trees only after putting in value and specific documents by authorized personnel of forestry;
I) to ensure, in accordance with the provisions of the forest and amenajamentelor of normative acts in force, maintenance and repairing of forest roads owned.
(2) in situations where the management of forests, private property, belonging to natural or legal persons, is provided by contract basis for national forest-Romsilva forest structures or licensed, the obligations mentioned in paragraph 1. (1) will be present as such in contracts. "
5. Article 8 shall be inserted After article 8 ^ 1 with the following content: "Art. 8 ^ 1. (1) forest owners are obliged to set up a Fund for the preservation and regeneration of forests, spokesman of interest available to the administrator account, and in the account forest structure that ensures the public service with forest resources. 63 of law No. 26/1996-forest code.
(2) where the timber harvested shall be granted in kind contribution to conservation and regeneration Fund established pursuant to paragraph 1. (1) shall be calculated based on the average price of a cubic metre of wood, mass effect.
(3) Conservation Fund and regeneration of forests is used for afforestation of land, for the regeneration of the areas travelled with cuts, with forests management special functions protection and covering expenses incurred by calamities on forests.
(4) Fund conservation and regeneration is made up to December 31, fiscal reserves Fund and is tax deductible. It keeps track on the owner, and his nealimentarea to legal resources, according to paragraph (1) subject to and constitutes the sanction applies to the owners. The application of the penalty does not relieve the owner from the obligation laid down in paragraph 1. (1) and (5) the amounts remaining available in this Fund at the end of the year are used in the financial year of the following year for the same purpose, with the exception of public funds. "
6. (a)) of paragraph 1 of article 9 shall read as follows: ' a) grubbing of vegetation, its removal and change respectively use times, destination without the approval of the central public authority responsible for forestry; "
7. In paragraphs (1), (2), (4) and (5) of article 10 shall read as follows: Art. 10. — (1) the exploitation of wood mass shall be made only in accordance with the provisions of the amenajamentelor forestry, land-use planning summary trials and in compliance with the instructions concerning the deadlines, ways and times of harvesting and transportation of wood material from forests, issued by central public authority responsible for forestry.
(2) for the timber is intended to exploit, the owners or holders of any basis shall establish enforcement acts in accordance with the technical regulations in force prior to inventory the trees destined for slaughter, the delegate to use hammer forestry forest. Civil service with specific forest to forest owners in each locality shall ensure authorised forestry structure managing the majority of range of forest fund in question.
(4) timber that is operated, transported, stored, processed or marketed will be accompanied, regardless of where it is referred to in documents regulations regarding control of the movement, storage, marketing and operation of wood material cutting round timber facilities, approved by decision of the Government.
(5) the order forms of the accompanying documents required to justify the origin of wood materials runs centrally through the central public authority care responsible for forestry, and is distributed for a fee for legal persons authorized to use them, through the territorial inspectorates for forest regime and hunting. "
8. In paragraphs (1), (3) and (4) of article 12 shall read as follows:
"Art. 12. — (1) the public Forests belonging to communes, towns and municipalities, as well as the privately owned indiviză or associations formed by them is given by the owners, through their own structures, of forestry approved similar to those of the Member State or, upon request, through existing structures, of forestry approved contracts agreed between the parties. Through contracts full responsibility regarding compliance with the forest regime is taken over by an administrator. Forest management through their own structures, of forestry holders mentioned above employ specialized staff, authorized under the law.
(3) forest Structures specified in paragraph 2. (1) meet, according to the law, the powers of the public service.
(4) forest Structures, established its own authorized by administrative-territorial units or associations formed exclusively from administrative-territorial units, have legal personality and work as Kings local public exclusively. "
9. Article 13 shall read as follows: Art. 13.-concrete Modalities for the allocation of material resources and financial sources appropriate for natural and legal persons of their forests owned and managed by the State forest structures, as well as the obligations of the Parties shall be governed by the regulation approved by Decree of the Cabinet of Ministers, on a proposal from the central public authority in charge of forestry. "
10. Article 14 shall read as follows: Art. 14.-the owners of forests referred to in this section may managing forests that they belong in the article. 12(3). (1) or on a contractual basis through national forest-Romsilva. "
11. paragraphs (2) and (3) of article 15 shall read as follows: "(2) In order to comply with the obligation referred to in paragraph 1. (1) owners of individual forests or constituted into associations may administer forests on a contractual basis by forest structure.
(3) the technical supervision of forestry, public service and the application of amenajamentelor forestry, land-use planning summaries will be provided by structures, of forestry approved the principle of territoriality, on a contractual basis. "
12. Article 16 shall read as follows: Art. 16. — (1) the management of privately owned forests belonging to the parishes, schiturilor, monasteries, educational establishments, administrative-territorial units or other legal entities is made by own forest structures, or on a contractual basis, through the forest structure.
(2) in order to meet the obligations specified in paragraph 1. (1) owners of forests in question may be associated with other stakeholders for the purpose of their management. "
13. paragraphs (2), (3) and (4) of article 17 shall read as follows: "(2) the contracts referred to in paragraph 1. (1) legal representatives of the parties in the presence of authorized representative of flying under the public authority responsible for forestry, with the obligation to certify the legality of contractual clauses under which the signature refers to the forest. These contracts are recorded under authority structures placed in charge of the public forestry institutions as defined in article 2. 19 and 21, in whose territorial RADIUS lies the forest makes it contract.
(3) termination of the contract on the initiative of a party shall be in accordance with civil legislation and solves in the conditions of compulsory insurance of the owners of the forests still under forest through the forest structure.
(4) the staff employed by the forestry forestry structures own carrying out forest management and public property belonging to the administrative-territorial units and privately controlled, under the forestry regime, the report of the technical personnel of the central public authority for forest charge of forestry and the national supervisory Authority, through the territorial structures, of forestry placed in their subordination. "
14. Article 18 shall read as follows: Art. 18. — (1) until the restitution of land in the forest national forest administration-Romsilva in public property of administrative-territorial units or in private property, i.e. until the possession under the law. 1/2000 for restoring ownership of agricultural land and forestry, required under the law of the Land Fund No. 18/1991 and law No. 169/1997, as amended and supplemented, national forest-Rnp is obliged to execute the work in accordance with technical forestry forestry and amenajamentelor regulations imposed by the regime, paying the owners profit from the sale of wood mass result in question. The profit result shall be paid in money or in kind, at the request of the owner.
(2) the areas of forest from which timber was exploited after final fellings or accidental, breeds, and forests at the time when in the possession of the national forest-Rnp will împăduri at its expense. Wooded areas it is considered a definitive declaration of success. "
15. After article 19 shall be inserted in article 19 ^ 1 with the following content: "Art. 19 ^ 1. -Forestry national forest is located on wards as basic functional structures for the application of the forest. "
16. Article 20 shall read as follows: Art. 20. — (1) compliance regime for the entire forest national forest fund shall be exercised by the central public authority responsible for forestry and the national supervisory authority, through the territorial structures, of forestry, with legal personality, subordinated to them.
(2) the Organization and operation of monitoring compliance with the forest regime at central and local level, as well as related administrative structures, under the conditions laid down in paragraph 1. (1), shall be established by the regulation approved by Decree of the Cabinet of Ministers, on a proposal from the central public authority in charge of forestry. "
17. b) of article 21 shall read as follows: "(b)) and controls how the forestry provisions of amenajamentelor summaries for all forests, irrespective of the nature of ownership;"
18. After the letter h) article 21 shall be inserted in point h ^ 1) with the following content: "h ^ 1) organizes, supervises and coordinates the services of the public forest, the forestry administration of the Fund, other than the public property of the State, and performs duties of notification, approval, according to the powers received through specific rules;"
19. Article 21 shall be included in paragraphs (2) and (3) with the following contents: "(2) Employees of legal persons checked are required to allow access to and the exercise of control by staff involved in the controls.
(3) in the exercise of control of forest staff involved in this is bound to have his ticket and order of service or the delegation. "
20. Paragraph 3 of article 22 shall read as follows: "(3) the territorial Inspectorates for forest regime and hunting, and other structures placed under central government authority responsible for forestry is constituted by decision of the Government."
21. (a)) of paragraph 2 of article 24 shall read as follows: "fee for the final) of forest lands, under the provisions of art. 92 para. (4) with the exceptions provided for in paragraph 1. (6) Land Fund Act, no. 18/1991, republished, that will spill into the Fund for the improvement of the Land Fund, the Forestry Fund available to central public authority responsible for forestry; "
22. Article 24 shall be inserted in paragraph 5 with the following: "(5) to change the class of service in the forest land from use lt; gt; lt; forest GT; the other category of Service Department, with the exception of land intended for the construction of the forest road, the applicant is required to pay a fee calculated in accordance with paragraph 1. (2) (a). It has), which flows into the Fund for the improvement of the Land Fund Department. "
23. In subparagraph (d)) of paragraph (1) of article 25 shall read as follows: "(d) reinstallation costs) of forest vegetation and its maintenance, until the status of the occupied lands, for massive, publicly or privately owned, which is payable in advance by the administrator thereof;"
24. paragraphs (2) and (4) of article 25 shall read as follows: "(2) in the event that the temporary occupation of the land does not involve the cutting of forest vegetation, the beneficiary does not pay the land owner or the amounts specified in paragraph 2. (1) (a). c) and (d)).
(4) the average price of a cubic metre of wood table, which is used to calculate the monetary obligations incurred in employment in national forest fund, referred to in art. 24 and in this article shall be fixed by order of the central public authority responsible for forestry, taking into account market prices. "
25. After letter b) of article 28 shall be inserted in point b ^ 1) with the following content: "b ^ 1) local budgets."
26. The letters d) and h) of paragraph 1 of article 29 shall read as follows: "d) arranging private forests of natural persons constituted associations or not;.
h) funding, where applicable, of costs for forest regeneration, which exceed the Conservation Fund and regeneration, forest structures available to authorized; "
27. After the letter h) of paragraph 1 of article 29 shall be placed the letter i) with the following content: "i) establishment and development of supporting associations of forest owners."
28. In paragraphs (1), (2) and (3) of article 32 shall read as follows: Art. 32. — (1) Cutting, destruction or removal of roots, without right, trees, seeds or shoots from a national forest fund forest vegetation or from lying on the outside courts, the owners or keepers, if the value of trees, seedlings or sprouts is over 5 times higher than the average price of a cubic metre of wood on table leg, or if the value is below this limit but the deed was perpetrated at least twice within the span of two years, constitutes infringement and is punishable by imprisonment from 6 months to 4 years or by a fine.
(2) if the value of trees, seedlings or sprouts cut, destroyed or removed from the root is more than 20 times higher than the average price of a cubic metre of wood table, the punishment is imprisonment from one to five years.
(3) where the amount of trees, seedlings or sprouts cut, destroyed times removed from the root is more than 50 times higher than the average price of a cubic metre of wood table, the punishment is imprisonment from 2 to 7 years. "
29. After subparagraph (c)) of paragraph (1) of article 34 shall enter the letters d and e)) with the following content: "d) establishing the possibility of forests in the amenajamentelor forest with breaching the provisions of the technical regulations of the arrangement shall be sanctioned with the withdrawal operation for specialized unit in question fine and between 50 million lei lei and 100 million; e) acceptance by the members of the Commission for economic and technical solutions, which allow the forestry management plan in question, in breach of the provisions of subparagraph (a). (d)) shall be imposed with a fine between 25 million 50 million lei lei and. "
30. Article 36 shall read as follows: Art. 36.-the finding of infringements mentioned in article 1. 31-33 is made by the staff of the forest; 105 of the law nr. 26/1996-the forest code, the forestry forestry structures authorized by the central public authority responsible for forestry by forestry staff from national supervisory authority and the forest contained in territorial structures subordinated to them, and by the criminal investigation. "
31. Article 39 shall read as follows: Art. 39.-police units, together with those of the national police, and the local public administration bodies, if necessary, fold the organs of military firefighters are required to support forestry bodies or, when appropriate, to provide technical assistance, according to skills in organizing and carrying out actions to prevent and combat the phenomenon of criminal and administrative offences and for the prevention and extinction of fire both in publicly owned forests, and private property. "
32. Article 40 shall read as follows: Art. 40.-Marking and evaluating trees destined for slaughter and the issue of documents for legal exploitation and transport of logs for forest land owners who manages the forests themselves are done upon request by the forest staff within forestry ocoalelor, authorized under the law, which provide for specific public services, in accordance with the provisions of article 7. 10 para. (4)."
33. Article 41 shall read as follows: Art. 41.-for the purposes of this Ordinance, the structure of the private or state forestry is forestry, the forestry districts and cantons works. "
34. Article 42 shall read as follows: Art. 42.-forestry Structures similar to those of State employees will be authorized by the central public authority responsible for forestry, within 60 days of the date of submission of the documents required authorisation. "
35. are inserted after article 43 articles 43 ^ 1, ^ 2 and 43 43 ^ 3 with the following content: "Art. 43 ^ 1. -(1) by order of the Minister of agriculture, forests and rural development, at the request of holders, can pass into the national forest fund forest vegetation from land, and other land.
(2) agricultural land use change in the forestry land is exempt from taxes, and the land shall be exempt from taxes.
Art. 43 ^ 2. -The destination volume mass of Woody's foot from publicly owned forests is determined by decision of the Government.
Art. 43 ^ 3. -By special law shall regulate the mode of forest vegetation management outside the national forest fund. "
Article II within 60 days from the date of entry into force of this law, the Ministry of agriculture, forestry and rural development will approve the order referred to in article 1. 8 para. (1) (a). the Government) of the Ordinance. 96/1998, republished.
Article III Ordinance No. 96/1998, republished, with amendments and additions made by this Bill, will the Republic Official Gazette of Romania, part I, posing a new texts.
This law was adopted by the Senate at its meeting on 25 March 2004, in compliance with the provisions of art. 76 para. (1) of the Constitution of Romania, republished.
SENATE PRESIDENT NICOLAE VĂCĂROIU this law was adopted by the Chamber of deputies at its meeting on 30 March 2004, in compliance with the provisions of art. 76 para. (1) of the Constitution of Romania, republished.
PRESIDENT of the CHAMBER of DEPUTIES VALER DANNER Bucharest, 19 April 2004.