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Buying and Managing a Romanian Forest

by Vlad Cuc

From a legal and economic perspective, a Romanian forestry fund is divided into :

  • forests ;
  • regenerating land and plantations established for forestry purposes ;
  • land for afforestation : degraded land and land without trees , established by law to be afforested ;
  • land that serve the needs of culture: nurseries , greenhouses , orchards and crops parent ;
  • lands that are needed for production forestry : crops Wicker , Christmas trees , ornamental trees and shrubs and trees;
  • lands that are needed for forest administration : hunting land for providing food and feed production , land put into temporary forestry personnel ;
  • land occupied by construction and related courts : administrative offices , cottages, pheasant farm , trout , hunting interest farmers , forest roads and transport , industrial and other technical facilities forestry sector;
  • ponds, stream beds , and unproductive land into forest areas included ;
  • protective forest ;
  • juniper trees ;
  • wooded pastures .

After ownership , national forest can be :

  1. a public property forest fund ;
  2. a public property forest fund administrative units ;
  3. a forest fund private individuals and legal entities;
  4. a private forest fund the administrative-territorial units .

Forest owners (regardless of the form of exercise that capacity ) have the following obligations:

  • ensure the preparation of forest management and compliance ;
  • ensure the security and integrity of the forest ;
  • carry out forest regeneration activities ;
  • to carry out the work of tree care and management ;
  • to perform the necessary work to prevent and combat forest pests and diseases ;
  • ensure compliance with prevention and fire fighting ;
  • to exploit the timber only after highlighting , authorizing prosecution and release of specific documents by authorized personnel ;
  • to ensure the maintenance and repair of forest roads that have management or ownership ;
  • to delineate forest property under the ownership documents and maintain appropriate signs landmark status ;
  • notify the local structures of the specialized central public authority responsible for forestry , within 60 days of the transfer of ownership of forest land .

In carrying out the specific activities of forestry economic operator must secure the existence of the Articles of Incorporation of the following NACE codes :

– NACE code 0210
 
Silviculture and other forestry activities
 

– NACE code 0220
 
logging
 

– NACE code 0240
 
Support activities for forestry
 

After authorization of the legal form , the economic operator shall submit each an authorization file at the following institutions in the following order :

– Commission for certification of forestry operators , according to :

1 ) Order 223/2008 , concerning the appointment of the Commission for certification of forestry operators , approval of the functions of the certification of forestry economic operators and certification criteria for economic operators logging activity ;
2 ) Forest Code ;

– National Environmental Protection Agency in order to obtain the environmental permit , as required:

1 ) GEO 195/2005 on environmental protection;
2 ) Order no. 135/2010 approving the methodology for the application of environmental impact assessment for public and private projects ;
3 ) Order no. 1798/2007 Procedure for issuing the environmental permit .

Wood exploitation in Romania

In order to obtain the right of logging operations the economic operator will get operating permit and other documents on the basis of operating permit issuance will submit documentation for the environmental permit .

Wood exploitation is legal person certified by the central public authority responsible for forestry .

Notwithstanding the above provisions , individuals can exploit for its own volume exceeding 20 m3/year forests that they own .

Another form of exploitation of the forest is the establishment of associations of forest owners who may be observing the provisions of Ordinance 26/2000 on associations and foundations . Establishment of associations of forest owners aimed at strengthening property sales in the profitability of forest products , creating their own forest districts , increasing the absorption capacity internal and external representation of owners’ rights in relation to the authorities.

I. Authorization economic operator – legal person being made ​​by the Commission for certification of operators for logging .

In order to obtain registration certificate / reassignment , legal persons are obliged to submit to the secretariat of the committee shall include the following documentation :

  1. the application type certification / recertification ;
  2. the memorandum or articles of association , showing that the objects of logging activities is provided in the back ( according to Order 337/2007 on Classification updating of the national economy , the memorandum must contain CAEN code 0210 , 0220 )
  3. the act of registration of economic operators, copy : judge judgment or conclusion on the Trade Register Office ;
  4. certificate of registration with the Trade Register copy;
  5. state insurance specialist staff employed during the validity of registration certificate for the activity logging , signed by the head of the legal person affected by territorial labor inspectorate or copy individual employment contract covered by the territorial labor inspectorate ;
  6. copies of diplomas / licensed staff specialized secondary and higher education , for normal working hours or in part, but not less than 4 hours / day , provided they are not employed only two companies ;
  7. the situation with own equipment to ensure specific activity logging , ie multipurpose machines , saws , tractors, articulated forestry tractors universal , ropeways accompanied by certificate issued by the tax office or city hall, where applicable , or acts of sale authenticated , trader must prove possession of equipment to operate a minimum annual volume of 5,000 m3 ;
  8. calculating annual capacity of logging;

NOTE :
In order to obtain authorization to operate the forest , the economic operator shall prove hiring specialized personnel, such as logging foreman , technician, engineer in forestry .
Operators that have secondary or higher education associations specialized diploma will present only copy .

IMPORTANT :
Procedure for attesting / recertification is conducted in the following stages:


a) Phase I – inventory of the secretariat of the committee , at least two working days before the committee meeting schedule , document files submitted by operators to attestation / reassessement , compiling a safety documents in each file and the Commission ‘s proposal appropriate analysis and rejection of incomplete files ;
b ) Stage II – Analysis by the committee secretariat documentation recorded and presented to operators seeking certification / re-authorization ;
c ) Stage III – deliberation committee on certification / re-authorization or refusing operators with reasons that led to this decision ;
d ) Stage IV – the issue of certification / recertification .