Any legal requirements for harvesting techniques and technology including selective cutting, shelter wood regenerations, clear felling, transport of timber from felling site and seasonal limitations etc. Typically this includes regulations on the size of felling areas, minimum age and/or diameter for felling activities and elements that shall be preserved during felling etc. Establishment of skidding or hauling trails, road construction, drainage systems and bridges etc. shall also be considered as well as planning and monitoring of harvesting activities. Any legally binding codes for harvesting practices shall be considered.

Forestry Code 46/2008 with further modifications, article 20 (line 10) 33 60 62 65 66 122:
http://legislatie.just.ro/Public/DetaliiDocument/170527
Ministerial Order 1540/2011 regarding the Instructions for wood harvest: http://legislatie.just.ro/Public/DetaliiDocument/129446
Order no. 1798/2010 Procedure for issuance of the environmental permit (Art. 19): http://legislatie.just.ro/Public/DetaliiDocumentAfis/143346

Forest Guards
Forest district
Environmental Protection Agency

Harvesting certification (for the harvesting firm, issued by the Romanian Foresters Association)
Harvest authorisation (for each harvesting site, issued by the forest district chief)
Environmental permit from the Environmental Protection Agency
Volume estimation document (VED)

Government sources

Non-Government sources

ASFOR (2016): Proposals for the modification of the Rules 1330/2015. Available at:

http://www.asociatiaforestierilor.ro/anunturi/263–propuneri-asfor-regulament-13302015. [Accessed 14 November 2016].

ASFOR (2016): Online petition for the revision of the methodolofor issuing the environmental permit, [Petițe Online Referitoare la Revizuirea Autorizației de Mediu]. Available at:

http://www.asociatiaforestierilor.ro/anunturi/261-petitie-mmap-aut-mediu. [Available at 14 November 2016].

Overview of Legal Requirements

After authorisation, the harvesting site is officially presented for harvest to the harvesting contractor, and training is provided regarding the type of felling, the size of the area, the skidding trails (marked in the field on surrounding trees), the admissible damage to regeneration and to remaining trees etc. Only in cases of private forest owners that harvest up to 20 cubic metres with their own equipment from their own forest are these requirements waived.
The harvesting process is controlled by the Forest district or Forest Guard while underway and at completion, to mitigate any damage and illegalities occurring at the harvest site or at the primary deposit site.
The Harvesting Instruction Ministerial Order (1540/2011) clearly forbids the hauling of trees with crowns in any harvest site, whether clear cut, shelterwood or thinning. It also forbids skidding through water courses, unless authorised by the Forest district chief in cases where there are no alternative routes. Any stream or river crossing must be undertaken with the use of mobile bridges or logs. The silviculture system limits the type of harvest: in clearcuts, the maximum harvesting site is limited to 3 ha in Norway spruce stands and 5 ha in hybrid poplar stands; in shelterwood systems, the harvesting process can be undertaken only outside the vegetation season and only in periods when the soil is not moist from rain or snow melt.

Description of risk

The main risks associated with forest harvesting are related to harvesting firms being authorised without their claims regarding equipment, machinery and sufficiently trained staff being verified. This leads to violation of the harvesting requirements.
The procedure to apply for harvesting authorisation from the Environmental Protection Agency is, in many cases, time consuming and delays the start of the forest harvesting process. In some cases, these delays can prolong harvesting beyond the permitted period and force firms to resume the harvest in the next winter (in cases of shelterwood systems).

Risk conclusion

This indicator has been evaluated as specified risk. Identified laws are not upheld consistently by all entities and/or are often ignored, and/or are not enforced by relevant authorities.

Generic

  • Harvesting shall be conducted within the authorised boundaries of the FMU.
  • Harvesting shall not take place in areas where harvesting is legally prohibited.
  • Tree species or selected trees found within the FMU for which felling is prohibited shall be listed in operational plans.
  • Harvesting restrictions shall be observed in the field.
  • Tree species or selected trees found within the FMU for which felling is prohibited shall be marked in the field.

Country Specific

  • FME shall provide records of training for harvesting requirements.
  • FME shall provide records of forest harvesting controls during and after the harvest.
  • The harvest design for each site shall contain harvest technology, location of forest roads, skidding trails and primary log yard
  • Each harvest site shall have a billboard stating the location (FME, FMU, compartment, number of harvest site), the harvest permit number, contractor and harvest period in order to provide publicly available information necessary for public and third parties to identify proper implementation of harvesting activities.