Legislation regulating procedures for the issuing of forest concession licences, including use of legal methods to obtain concession licence. Especially bribery, corruption and nepotism are well-known issues in connection with concession licences. The intent of this indicator is to avoid risk related to situations where organisations are obtaining concession licences via illegal means such as bribery, or where organisations or entities that are not eligible to hold such rights do so via illegal means. Risk in this indicator relates to situations where due process has not been followed and the concession rights can therefore be considered to be illegally issued. The level of corruption in the country or sub-national region is considered to play an important role and corruption indicators (e.g., Corruption Perception Index, CPI) should therefore be considered when evaluating risks.

Law 46/2008, republished in 2015 Forestry code (Art. 11, line 3): http://legislatie.just.ro/Public/DetaliiDocument/170527
Order of the Ministry for Environment and Forests no. 367/17.03.2010 for the approval of the concession value, of the calculation and payment methods for the royalty obtained from the concession of the forest lands which are part of the public property of the State related to the actives sold by the National Forest Administration, Romsilva, as well as of the template of the concession agreement, published in the Official Journal, Part I, no. 196/29.03.2010, with subsequent amendments: http://legislatie.just.ro/Public/DetaliiDocument/117505

Ministry of Environment, Water and Forest
Forest Guard

Property title
Concession agreement

Government sources
N/A
Non-Government sources
N/A

Overview of Legal Requirements 

The Forest Code of 2008, modified in 2015, states that publicly owned forest areas cannot be subject to concession, with the exception of land that is currently under buildings that were sold by the National Forest Administration or was occupied by constructions built before 1990.

Description of risk

Practically, no publicly owned land covered by forest vegetation can be subject to concession: concession of forest resources is not a practice in Romania.

Risk conclusion 

This indicator has been evaluated as low risk. Identified laws are upheld. Cases where law/regulations are violated are efficiently followed up by the authorities and/or by the relevant entities taking preventive actions.