All required trading permits shall exist as well as legally required transport document which accompany transport of wood from forest operation. Risk relates to the issuing of documents permitting the removal of timber from the harvesting site (e.g., legally required removal passes, waybills, timber tags, etc.). In countries with high levels of corruption, these documents are often falsified or obtained by using bribery. In cases of illegal logging, transport documents from sites other than the actual harvesting site are often provided as a fake proof of legality with the harvested material.

Law no. 171/2010 regarding the identification and punishment of silvic contraventions, (Chapter 7, Art. 25):

http://legislatie.just.ro/Public/DetaliiDocument/120856

Forest Code, Chapter IX (law 46/2008 republished in 2015):

http://silvagroup.ro/legislatie/codul-silvic-legea-nr-462008-pagina-3/

Government decision 470/2014 for approval of Regulations referring to the origin, transport and selling of wood products, the regime of wood storage spaces and wood processing facilities, as well as the approval of some measures for applying UE Rules 995/2010 that establish the obligations of operators who introduce wood products onto the market:

http://legislatie.just.ro/Public/DetaliiDocument/158885

Order 1346/2011 http://legislatie.just.ro/Public/DetaliiDocument/128644 for approval of the Ministry of Environment Rules regarding the shape and use of special marking devices, as well as the means of marking trees and timber:

http://legislatie.just.ro/Public/DetaliiDocumentAfis/160811 (Art.16)

Emergency Ordinance 43/1997 on the roads regime (Art. 41, Annex 2): http://legislatie.just.ro/Public/DetaliiDocument/11269
Ministerial Order 1464/13.07.2016 for the modification of the Methodology regarding the organisation and functioning of SUMAL, user obligation, as well as the structure and method for transmitting standardised information, approved by Ministerial Order 837/2014 [OM 1464/2016 pentru completarea Metodologiei privind organizarea şi funcţionarea SUMAL, obligaţiile utilizatorilor SUMAL, precum şi structura şi modalitatea de transmitere a informaţiilor standardizate, aprobată prin Ordinul ministrului delegat pentru ape, păduri şi piscicultură nr. 837/2014]:

http://legislatie.just.ro/Public/DetaliiDocument/180190

Ministry of Environment, Water and Forests
Forest guards
Traffic police

Delivery documents
SUMAL records
WOOD TRACKING application online code generation

Government sources

Ministry of Environment, Water and Forests, Press release on the public debate of the Catalogue of virgin and quasi-virgin forests in Romania and the launch of the “Forest Inspector” application:

http://www.mmediu.ro/app/webroot/uploads/files/2016-07-19_Comunicat_discurs_conferinta_Paduri.pdf

Non-Government sources

Agerpres, 30.07.2016, Prime minister Ciolos asks for the improvement of the Forest Inspector application:

http://www.agerpres.ro/politica/2016/07/30/ciolos-am-cerut-ministerului-mediului-ca-impreuna-cu-mai-sa-gaseasca-solutii-pentru-imbunatatirea-aplicatiei-inspectorul-padurii–23-19-46

Overview of Legal Requirements

Any shipment of wood from the forest or from any other place of trading has to be included in SUMAL (System for Wood Tracing) and its mobile component, WOOD Tracking. Further, any log larger than 20 cm in diameter at the small end must be marked for transport with a rectangular stamp and with a unique identification code. The shipment documents, completed both on paper and online, must include the total volume of wood, assortments, origin, destination, vehicle registration number, date and time of loading and duration of validity, the online code from the WOOD Tracking application. In case of a lack of mobile internet reception, an offline code is generated and this must be replaced by the online version as soon as the vehicle arrives in an area with reception. Shipment documents can only be issued for volumes within the estimate by the APV.

After processing, the resultant products (i.e. lumber) are reintroduced into the system using conversion factors for volume that are declared by the wood processing firm.

On the road, the vehicles transporting wood can be verified by others using the “Forest Radar”, which also provides the option of calling the emergency number in order to report a vehicle’s registration number and location if necessary.
Over the last year (2016), there have been efforts to provide for confiscation of all equipment used in illegal harvesting activities and transport in legislation.

In addition, in July 2016, the Ministry of Environment, Water and Forests launched the “Forest Inspector” application, downloadable on any Android device, which allows the onsite verification of wood transports by any person (Ministry of Environment, Water and Forests press release).

Description of risk

The main risk associated with transportation is related to the weaknesses of the WOOD Tracking system, which allows for delivery documents to be filled in during a period of 12 hours from the loading of the truck. There are cases of truck drivers generating the online code only when they encounter a traffic control vehicle. In response to a complaint made online after the verification of a transport of wood, the prime minister agreed that the online WOOD Tracking system still has problems such as the ability to transport several similar loads with the same delivery documents and online code (Agerpres). In other cases, there have been short distance transports of firewood from the forest to the beneficiary which are never recorded in the system. This type of wood is very unlikely to be inserted into the custody chain, but could represent a way that the quantities of industrial wood that is sold with papers, within the limits set by SUMAL, could be illicitly increased (see also 1.16).

Another risk associated with the illegal transport of wood is related to the overloading of trucks, above the thresholds imposed by the national road regime (Emergency Ordinance 43/1997).

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

  • Requirements related to transport means (e.g. trucks) shall always be followed.
  • Species and product types shall be traded legally.
  • Required trade permits shall exist and be documented.
  • All required transport documents shall exist and be documented.
  • Volume, species and qualities shall be classified according to legal requirements.
  • Documents related to transportation, trade or export shall be clearly linked to the specific material in question.

Country Specific

  • Verify shipment documents (delivery documents) and codes regarding wood origin and destination (Provided through Wood Tracking System). Delivery document shall confirm that data and time corresponding to the logging area and landing areas
  • Total volume from delivery notes and assortments specified on delivery notes (round wood, logs, fuel wood, fire wood) and compare with the inventory document to ensure assortment are correct.