Law amending Law No. 7623 on forestry and forest police service

REPUBLIC OF ALBANIA PARLIAMENT OF ALBANIA LAW No……..date……….. amending and implementing Law No. 7263 dated 13.10.1992 “on the forests and the forest service police”, amended by Law No. 7838, dated 30.06.1994 “on some amendments to Law No. 7623, dated 13.10.1992 “on the forests and the forest service policy”. Based on the article 16 of the law No. 7491, date 29.4.1991 “On the main constitutional dispositions” and with the proposal of the Minister’s Council, THE PARLIAMENT OF THE REPUBLIC OF ALBANIA DECIDED: To make the amendments mentioned below to the Law No. 7623, dated 13.10.1992: Article 1 After the article 23 it is added the article 23/1 contenting: “The sale of wood material and other forest productions, from the forests property of the State, has to be done with auction. The types of auctions and the procedures of their development are defined with the acts of the Minister’s Council, according to the proposals of the DGFP. It is excluded from the auction, the wood material (fire wood and building materials) which is given in the disposal of the villagers for their needs from the forests property of the state and from those given in use to the communes. The procedures are defined with acts of the DGFP”. Article 2 The article 24 it is amended as mentioned below: “The exploitation of the forests is organized on the base of the forest year which begin on 1 of October. DGFP, every year approve the exploitation’s plans presented in the DFO and control their implementation”. Article 3 In the article 25 there are canceled the words “…and physical…”. Article 4 The article 29 is amended as mentioned below: “The exploiters, after the expiration of the cutting time defined in the contract made with the forest organs, lost the right of cutting of the remained materials and they are obliged to pay the sanction of 50% of the value of the remained material”. Article 5 The content of the article 31 is amended as mentioned below: “The wood material is allowed to be transported from the forest to another destinations only after be followed with a transport license, while the other forest products with the certificate of the origin, which certified their production according to the dispositions of this law, provided by the forest service organs. It is allowed the export and import of the wood material, non-wood forest productions and of the types of the wild fauna and flora, only after taking the approval from the organs of forest service, according to the competencies and the obligation defined in the legal acts and international convents, where our country is adhering”. Article 6 At the end of the article 32 is added the phrase: “…even half elaborated productions(elements etc.)” Article 7 After the article 32 is added the article 32/1 as mentioned below: “Forest organs have the right to control the subjects that made the elaboration and the trading of the products that results from the forest exploitation (bodies, building materials, mine columns, fire wood, etc.) and the half elaborated products in the elaborating centers , in the store-houses and in the depositing places. When there is discovered that the production or the trade is not done conform the legislation and the proper documentation, the forest organs have to block and sequester the production resulted from the forest exploitation and the half elaborated productions. The wood materials and every other production with a forest origin, sequestrated in the elaborating centers or in the depositing or trading places, are in preservation of the subjects, to which they are sequestrated , up to the day of their sale from the forest organs.” Article 8 After the article 32/1, is added the article 32/2 contenting: “Forest organs have the right to suspend and block the activity of the subjects that elaborate and trade wood material and each other project with forest origin Article 9 The article 62 is amended as mentioned below: “The organs of forest service, public order, of the police of taxes, of customs and of the local government have the right to control all the activities of the physical and juridical subjects, in forest and pasture field and when they observe infringements of the dispositions in force, according to what it is done and to the competencies , they make the denunciation in the proper organs.” Article 10 After the article 63 is added the article 63/1, as mentioned below: “ The incomes from the fines and the sequestration , must be passed to the revenue account of the DGFP, defined with the law No. 8302 date 12.3.1998 “On the administration of the revenues generated in the forests and pastures property of the state”. DGFP, for the internal needs, for the improvement of the work conditions of DFO , for the recompense of the forest police workers and informants, for the recompense of the workers of the order police, custom police, and local government police, which cooperate with the forest organs, have the right to use 40% of the value of the revenues generated from fines and sequestration”. Article 11 This Law enters into force immediately. THE HEAD OF THE PARLIAMENT Skender GJINUSHI