Since one of the most valuable resources of Romania are its woods our Law Firm located in Bucharest considered of importance to list some of the main legal requirements in order to buy a forest and conduct forestry activities in the country, including logging for instance.
It is not necessary
to acquire ownership of forests and forestry land in order to set up a company
that specializes in forestry activities but it is mandatory to undergo several
steps in order for the company to function in accordance to the law.
The first step
is to set up a company and register it at the Trade Registry; So when drawing
up the company’s Constitutive Act these are the NACE Codes must be contained
when defining the objects of activity of the company:0210 Silviculture and
other forestry activities, 0220 forestry harness, 0230 collection of non-timber
forest products from the spontaneous flora, 0240 forestry activities and other
related services.
After the
registration of the company at the Trade Registry in order to start the actual
activity of the company, the company needs to be certified as an economic
operator in the forestry harness activity by the Commission created for the
certification of economic operators in the forestry harness activity.
According to the
Ordinance no. 223/2008 in order to obtain the certification from this
Commission the company needs to meet the following criteria:
a)
The economic operator is legal
entity with activity in logging;
b)
The economic operator must
employ the following technical staff depending on the mass volume of wood that
will be harvested:
-
A forestry engineer for an
operating capacity of 30,000 cubic meters of wood/year.
-
A master in forestry or
forestry technician for an operating capacity of 10,000 cubic meters /year;
c)
The economic operator needs to
have ensured specific equipment needed for logging activities depending on the capacity:
a) An
articulated forestry tractor for 6,000 cubic meters;
b) A
universal tractor - 5,000cubic meters;
c) A
multifunction machine - according to technical data;
d) A
funicular - according to technical data;
d)
For the specific equipment capacity is calculated as follows:
a) when it comes to driving machinery
(articulated forestry tractors, universal
tractors, multifunctional machines and funiculars) in which the degree of wear exceeds 50%, the
operating capacity is determined by
reducing 50% of the capacity provided in section c ;
b)when it comes to driving machinery
(articulated forestry tractors, universal
tractors, multifunctional machines and funiculars), where the degree wear is
between 1 and 50%, the operating
capacity is determined by diminishing the capacity percentage provided
in section c with the percentage of depreciation;
In order to
obtain registration certificate / recertification, the companies are required
to submit the following documentation:
a) The application for certification /
recertification,as presented in annex. 1 to the Ordinance 223/2008
B) The Constitutive Act copy;
c)The act of registration of the company at
the Trade Registry (decision of the designee of the Trade Registry) copy;
d)Thecertificate of registration with the
Trade Register copy;
e) proof of ensuring specialized personnel
employed on the duration of the registration certificate for the activity
logging , signed by the director of the company revised by the Territorial Labor Inspectorate,
according to the model shown in Annex . 2 or copy individual employment
contract revised by the Territorial Labor Inspectorate;
f)Copies of diplomas / degrees for the
specialized personnel with secondary and higher education.
g ) proof of owning the necessary equipment
to ensure the specific activity of logging for example multipurpose machines ,
saws , tractors, articulated forestry tractors, universal tractors, funiculars
, according to the model set out in Annex . 3 to the Ordinance
223/2008, accompanied by certificate issued by the tax office, or sale
documents authenticated , these are necessary for the economic operator to
prove possession of equipment in order
to operate a minimum annual volume of 5,000 cubic meters /year;
I) the calculation of the annual capacity
of logging;
The final step
in order to start the actual activity of the company specialized in forestry
activity is obtaining an environmental authorization from the National
Environmental Protection Agency.
According to the ordinance of the Minister of Environment and
Sustainable Development no.1798/2007 the necessary documents for the obtaining
the environmental authorization are the following:
a) Application
for environmental authorization;
b) Sheet and
statement presentation, according to Annex no. 2 to the ordinance no.1798/2007;
c) Proof that
the request has published in at least one of the methods of information
provided in annex. 3to the ordinanceno.1798/2007;
d) The Admission
Plan in the target area;
e) the written
statement of compliance with all conditions imposed by environmental agreement
drawn up according to the ordinance no. 135/2010 regarding the methodology for
the application of environmental impact assessment for public and private
projects;
In order to
obtain the environmental authorization, the economic operator must obtain from
the county environmental agencies an environmental approval according to Order
no. 135/2010- approving the Methodology for the implementation of environmental
impact assessment for public and private projects.
Obtaining
environmental approval represents the initial evaluation stage in obtaining
environmental authorization and is made by filing a notice of intention by the
project manager, accompanied by a certificate issued under planning law
authorizing the construction works, the sketch of the project and the evidence
of payment of the fee for this step.
No comments:
Post a Comment