Law 46/2008 regarding the approval of the Forestry Code title III http://legislatie.just.ro/Public/DetaliiDocument/90768
Ministerial order no. 460/2010 regarding the approval of the Methodology for certification of specialised units to establish Forest Management Plans [ORDIN nr. 460 din 1 aprilie 2010 pentru aprobarea Metodologiei de atestare a unităţilor specializate să elaboreze amenajamente silvice]: http://legislatie.just.ro/Public/DetaliiDocument/118103
Ministerial order no. 1039/2010 for approval of the Methodology for certification of experts that technically guarantee the quality of Forest Management Planning and the Methodology to certify project responsibles for the Forest Management Planning activities [ORDIN nr. 1.039 din 1 iulie 2010 pentru aprobarea Metodologiei de atestare a experţilor care certifică, din punct de vedere tehnic, calitatea lucrărilor de amenajare a pădurilor şi a Metodologiei de atestare ca şefi de proiect pentru lucrări de amenajare a pădurilor]: http://legislatie.just.ro/Public/DetaliiDocument/120652
Technical regulation no. 5/2005 regarding the design of Forest Management Plans
Ministerial order no. 1651/2000 regarding the approval of the Technical regulations for evaluating the volume of wood for selling [O.M. nr. 1651/2000 – privind aprobarea Normelor tehnice privind evaluarea volumului de lemn destinat comercializarii]: http://ocoalederegim.ro/norme_tehnice.html
Ministerial order no. 3397/2012 criteria and indicators for identification of virgin forests in Romania: http://legislatie.just.ro/Public/DetaliiDocument/141475
Ministry of Environment, Water and Forest
Management Plan – for areas larger than 10 hectares
Harvest plan – for areas larger than 10 hectares
HotNews (2013): Mic ghid al furtului de lemn: Cum se mascheaza taierile ilegale din paduri. [Online]. Available at: http://www.hotnews.ro/stiri-mediu-16048006-mic-ghid-furtului-lemn-cum-mascheazataierile-ilegale-din-paduri.htm. [Accessed on 14 November 2016].
Overview of Legal Requirements
The Forest Code as modified in 2015 states that a Forest Management Plan is mandatory for areas of forest larger than 10 hectares (article 20, line 2). In such cases, owners are entitled to harvest no more than 3 cubic metres/ha/year, taking into account the structure of the stand, without a harvest planning order to make regeneration cuts, but a Management Plan has to be drafted. In areas smaller than 100 hectares per owner per administrative unit, the continuity of the harvesting process is organised at stand level, using adequate silviculture systems.
The validity of a Forest Management Plan is usually 10 years (for high forest) and 5 years for coppices with high growth rates. Forest Management Plans are developed by authorised firms and approved by a representative of the Central Authority for Silviculture (Ministry of Environment, Water and Forests) and by environmental protection agencies.
Forest Management Plans are based on a stand-level inventory of forest resources within the Forest Management Unit (FMU) in question.
The cost of Forest Management Plan development for areas less than 10 hectares is to be paid by the state from a special fund for improvement of forest lands (Forest Code, art 21, line 4).
The annual cut allowance is computed using several methods that take into account the annual growth and yield rates, modelled according to a national yield table (Giurgiu, 2001).
Each Forest Management Plan contains wood harvest plans for regeneration cuts (within the decennial and annual allowable cut) as well as a plan for forest tending operations (pre-commercial and commercial thinning, sanitary cuts). In the case of the wood harvest plans, a detailed table is provided, including areas, volumes, and types of silvicultural systems). In the case of thinning, only areas to be affected are referred to, as the volume will be computed after the marking of trees, according to the stand structure at the time the operation is done. The tending operations established in the harvest plan are minimal for the validity period of the Forest Management Plan. Wood affected by pests, wind thrown or snow damage is removed from the forest through sanitary cuts (less than 1m3/ha). accidental cuts (cuts that exceed 1m3/ha). The accidental cuts are divided into two types, depending on whether the harvesting occurs in stands of more or less than half the harvesting age (usually 60 years). The main difference between the two types is that type I accidental volumes (age greater than half the harvesting age) is deducted from the annual allowable regeneration cut, while type II accidental cuts are not deducted from the allowable regeneration cut. The accidental cuts marked for extraction in private forests can be subject to control by the Forest Guard within 5 days of the Guard being notified.
Description of risk
The Forest Management Plan is usually paid from the resources of the forest owner, which can be a burden for owners of small areas. In such cases, reducing the quality of the harvesting work could be used as a way to reduce costs. The forest harvesting plans can be evaded by overestimating the impact of biotic and abiotic factors and marking healthy trees as a way to harvest wood from forests that are not subject to thinning or regeneration harvests. The stand-level inventory of forest resources within the Forest Management Unit (FMU) could be underestimated. However, there are no source of information indicating the potential risks described as been relevant at national level. This has been corroborated by expert review and consultation.
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.