Legislation covering due diligence/due care procedures, including e.g. due diligence/due care systems, declaration obligations, and /or the keeping of trade related documents, legislation establishing procedures to prevent trade in illegally harvested timber and products derived from such timber, etc.

Regulation (EU) 995/2010 obligations of operators who place timber and timber products on the market:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:295:0023:0034:EN:PDF

Regulation (EU) 607/2012 detailed rules concerning the due diligence system and the frequency and nature of the checks on monitoring organisations:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:177:0016:0018:EN:PDF

http://apepaduri.gov.ro/wp-content/uploads/2014/08/R-607_2012-de-punere-in-aplicare-a-EUTR.pdf

Regulation (EU) 363/2012 on the procedural rules for the recognition and withdrawal of recognition of monitoring organisations:

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:115:0012:0016:EN:PDF

http://apepaduri.gov.ro/wp-content/uploads/2014/08/Regulament-delegat-nr.-363_2012_norme-de-procedur%C4%83-organiza%C8%9Bii-de-monitorizare.pdf

Regulation (EU) 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community

http://apepaduri.gov.ro/wp-content/uploads/2014/08/Regulament-2173_2005-licen%C5%A3e-FLEGT.pdf

http://apepaduri.gov.ro/wp-content/uploads/2014/08/R-1024_2008-aplicare-FLEGT_-rom.pdf

Practice Guide for operators to proper implementation of EUTR Regulation:

http://www.mmediu.ro/app/webroot/uploads/files/Ghid_DDS.pdf

Order no. 819/2015 Methodology regarding exercise of control provided for in art. 2 of Government Decision no. 668/2011 regarding the designation of competent authority for applying Regulation (EU) no. 995/2010 of the European Parliament:

http://legislatie.just.ro/Public/DetaliiDocument/168405

Government Ordinance no. 51/2016 establishing and sanctioning contraventions in forestry

http://legislatie.just.ro/Public/DetaliiDocument/181818

Ministry of Environment, Waters and Forests/Department of Forests

(Documents or records formally required that can be used to indicate legality) Identification of applicable laws and regulations are additional to the CNRA template
Documents required according to articles 4.2 and 6 of Regulation (EU) 995/2010 (EUTR), documents required according to article 3, Commission Implementing Regulation (EU) 607/2012

Government sources

Report from the commission to the European parliament and the council:

http://eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=CELEX:52016DC0074&from=EN

EU Timber Regulation: First two years show progress, but more effort needed from Member States and private sector:

http://ec.europa.eu/environment/forests/eutr_report.htm

http://ec.europa.eu/environment/forests/pdf/EUTR%20implementation%20scoreboard.pdf

Non-Government sources

European Commission evaluates EU Timber Regulation implementation: finds progress but needs more effort:

http://www.forestlegality.org/blog/european-commission-evaluates-eu-timber-regulation-implementation-finds-progress-needs-more

Overview of Legal Requirements

The Ministry of Environment, Waters and Forests has been designated as the national Competent Authority, while the Forest Guard and Environmental Guard were designated as in charge of carrying out control operations. Operators eligible to implement DDS requirements are: logging companies, if the timber is sold as standing stock; the forest owner/manager, if the timber is sold as an assortment by the forest owner/manager, and; traders that import from outside the EU market. For logging companies, the DDS is precondition to participate in auction. At forest level (logging companies, forest managers), the DDS is checked by the Forest Guard and the traders classified as operators are checked by the Environmental Guard.

Description of risk

Romania has approved the Government Emergency Ordinance no. 51/2016 in which sanctions are imposed for the failure to observe the DDS. It has taken effect on the 20st of October 2016. This Ordinance imposed very high fines for Romania for the failure to observe the DDS system.

As the legislation has only recently been introduced it is not possible to evaluate whether this is properly implemented and enforced, why the indicator is considered as specified risk.

Risk conclusion

The indicator has been evaluated as specified risk.