Tuesday, October 8, 2013
Buying a Forest in Romania and Conduct Forestry Activities
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.