Law No. 7623 for forestry and forest police service

Article 1 Toe objective of this law is the administration, protection and treatment of forests, in order to protect the environment and the production of wooden materials and orher forest products. (a) Tne protection of the entire forest resources for their economic function, their special values in the protection of the environment, in water reserves and soil protection, and from a landscape point of view, in agro-tourism and infrastructure. (b) The control of cutting of trees in order that it may be balanced with the normal growth of forests, determined through production projections that are carried out under that law. ( c) The control of all forest sector development. (c.i) To secure a balance between the national and private interests (and che incerest.s of juridical and constitutional persons). CHAPTER II FOREST RESOURCE AD:\·IINISTR.\T[ON, DEYELOPi\-IENT A..1.'lD TREATI!ENT

Article 2 The forest resources are composed of dedicated forest land and lands with forest flora. They include state, public and private forests. Forest resources are formed on the base of forest economies, according to criteria stipulated in production or invemocy plans. The Minister of Agriculture and Food shall approve the transformation cf agricultural land ·co forest resources, while local powers shall approve the transformation of r.on-agricultural lands whic:i are not registered in other land resources into forest resources. In ocher ca.ses the transfer of parts of forest resources for scien:ific and did:iccive uses to the ocher miniseries and insdtutions shall be authorized by order of the :vf inister of Agric!.llture and Food for areas up to 100 ha and by order of the Council of Ministers for areas over 100 ha.

Article 3 .A ··roresr" ls defined as dense wood l~nd with a surface larger than 1,000 m~ and with a density not less than 30%, which produces wood material and has n.n influence on the surroundim! environment. "Land with forest flora'' is defined as forest wood land areas with a density ranging from 5% to 30%, which are not registered in the . . cadascre as other land resources. Forest resources also include ooen areas of uo to 2 ha such as rocky outcrops and sandbanks encountered in forests, surfaces occupied by protected forestS, special wood land and brushwood surfaces.

Article 4 Forest resources comprise state, local and private forests. (a) State forests are those under state ownershio. . (b) Public forests are those under state ownership and in the common use of one village, of several villages or communes. According to the criteria determined by the Minister of Agriculture and Food, pans of public forests with an area of 0.4 • 1 ha/family are conceded for use by the permanent inhabitants in agreement between local authorities and forest authorities. (c) Private forests are groups of woods and afforestation which are created or exist inside the borders of their owners' lands. The State assists with investments and technical assistance in the development of agro-silviculture and the foundation of private forestry. T ~chnic:il criteria :or the determination of local and private forests and the rnies of thetr management :ire given by special regulation of the Minister oE Agric'!llture and Food.

Article 5 Not included in forest resources are pockets of woodland located inside or around agricultural lands and pastures, around monuments, institutions, stalls, cemeteries, on the .sides of irrigation and drainage channels and ditches, roads and railways, and parks in inhabited centres and in the periphery of cities.

Article 6 Administration, development, protection and treatment of state, local and private forest resources are realized according to the clauses of this law. State and local forest resources ure administered by the Forestry General Directorate through the direc:oraces of the Forest Service. Arcicle 7 Lands with forest flora and brushwoods with surfaces of up to 5 ha may be transfe~red from forest resources with the approval of the Director General, and those of more than 5 ha with the approval of the Minister of Agriculture and Food. Forests with surfaces of up to 50 ha may be transferred from foresi: resources with the approval of the tv[inister of Agriculture and Food. and those ,vith surfaces exceeding 50 ha by a decision of the Council of Ministers. Deforestation/ change of purpose of the forest resources are pennitted only after approval for removal from the resource inventory by the appropriate authorities and after repayment of the value according to specifieu tariffs. The total income will be used for the afforestation of another area of the same size. Wood material resulting from exploitation is transferred to juridical and constitutional persons who have the forest in ownership.

Article 8 In state and local forest resources the change and/or replacement of crops with other forest types shall require the approval of the Forestry General Directorate.

Article 9 The following are forbidden: the occupation and use of forests or lands with forest tlorn wh[ch are parts of the forest resources without the approval of competent authorities~ the occupation and use of areas greater than those for which approval. has been granted; to put any object whatsoever in other places which are not approved; failure co·rescicuce lands of forest resources given in temporary use; and desrruccian and degradation of forests bv massive means. ~

Article 10 The competence. duties and rights of forest service authorities and employees are determined by the Minister of Agriculture and Food by special regulations.

Article 11 The Directorate of Forest Service at the District level is responsible for the administration, propagation and scientific treatment of commercial woods and brushwoods (with value), of medicinal crops and TANIFERE, state and local forest resources. According to the list in the special regulation approved by the Minister of Agriculture and Food, the forest authorities defend individual woods of commercial value inside and outside forest resources. Woods, wood masses and brushwoods, parks and public gardens in towns, and in residential production centres are administered by public services.

Article 12 The Council of Ministers shall approve areas designated as Forest National Parks and Natural Reserves. while sciencific reserves, nc1cural monwnencs, Iandscaoes and 4 protected industrial woods are determined by the Forest General Directorate. Their protection, administration and treatment shall be according to special regulations of the Forest General Directorate.

Article 13 Forest authorities shall determine seed nurseries, wood masses and separated woods co secure the selective planting material required to increase and renovate forest resources according to criteria determined by the Forest and Pasture Research Institute.

Article 14 Forest seeds. saplings and other vegetative material which will serve as reproduction material for original or superior cultivars are allocated only by forest authorities. Tne seed laboratory of the Forest and Pasture Research Institute undertakes the analysis of all forest seeds, medical crops and T ANIFERE, which will be used for planting.

Article 15 State and local forest resources are organized and treated according to the production and inventory plans. Project smdy authorities shall prepare the production plans, with the objective of maintaining a suitable forest structure and to protect and recreate the productivity of the forest ecosystem. Summary studies according to production and inventory at the district level shall be approved by the Forest General Directorate and shall be implemented.

Article 16 Forest resources are registered separately for each district, recording all annual changes. The documentation and the mode of registration shall be determined by the Forest General Directorate.

Article 17 The Forest General Directorate and local authorities, through the Diiectorates of the Forest Service, are obliged to undertake afforestation in desertic areas, zones of severe erosion, on sandbanks and in marginal areas with a low level of fertility, on grit lands with a low level of fertility in forest resources, and in other problem areas, in order to augment forest resources and productivity~ planting species with a rapid growth, high economic value and suitable for the prevailing conditions. Tney wiil also undertake the renovation of existing forests by the introduction of improved plaming material, seeds, e!c. and through better protection and management methods, . sanirn.r1 services. ~tc. in accordance with the relative forest function and economic needs.

Article 18 Aiforestation of desertic areas and the procectioh of forests in higher elevation in the upper belts, the interruption of tree cutting and grazing of cattle are unc:e:-raken ir. order to restrict erosion in river-beds and ravines and follovring snow accumuiation.

Article 19 It is forbidden to cue or uproot trees and shrubs in highly sloping areas, on a belt of 100 m in the upper limit of vegetation for woods, brushwoods and rare species, and on those on the sides of national roads with a slope of more than 30% and with a land width of 20 m on either side of the road.

Article 20 Forest authorities undertake measures to increase the number of animals and wild fowl in forest and hunting resorts and to protect and extend their forest habitat. They are also responsible for the administration of fish stocks in water resources in the mountains. According to the law governing hunting the Forest General Directorate shall determine and manage the surfaces of forest resources designated for hunting and for fishf ng in water resources in mountain areas.

Article 21 It is forbidden to undertake any ~ctivity likely to cause a decrease in forest resource productivity, obstruct renovation or weaken the protective and social functionst the only exception being the special cases permitted by the Council of Ministers' decisions. CHAPTER Ill THE EXPLOITATION OF FORESTS AND NE\V FOREST PRODUCTION

Article 22 The forest resources are classified into forests with productive character and proceccive forests. Tne cutting process oi wooden material is permitted in forests which have a productive character in accordance with the legal dispositions of this law. It is forbidden to cut the wooden material in protective forests, according to the determinations undertaken by the Forest General Directorate, except in sanitary cuts. Forest authorities are responsible for production and management of forests, of national parks and of other similarly defined territory.

Article 23 \Vooden material that can be harvested e;ich year from state and local forest resources shall be determined from technical possibilities of forest exploitation, de..cided through productive and inventory plans, securing the protection of land, the improvement of climactic elements, the reinforcement of the national ecosystem and a continuous production. Tne creation of wooden material reserves is undertaken with the decision of the Council of Ministers. The exploitation of private forests should not create problems with the protection of la.ad and the safeguarding of climactic conditions.

Article 24 The Forest General Directorate draws up plans each year forthe exploitation of wooden material quantities according to district, based on technical possibility of exploitation, and controls the implementation accordingly.

Article 25 According to the dispositions of this law only juridical and physical persons who have permission to practise this activity have the right to exploic the forests.

Article 26 The cutting of wood in state and public forests can only be underta.1<:en after the special stamping by forest authorities. Toe hammer-stamp is personal and to be used only by order of the managers of forest service directorates. The size and form of hammer-stamp is to be determined by the Forest General Directorate. Tne destruction, falsification or usage of such stamp by other persons or its transference from one area to another are forbidden.

Article 2i The period of exploitation of trunks stumps and brushwood 'will be determined under special regulations by the Forest General Directorate.

Article 28 The exploitation of wooden matter and other forest materials will begin once the technical project for exploitation, in the case of massive surfaces, has been dra'Wil up and approved, the contract signed, and the total money paid according to tb.e tariffs determined by the Council of Ministers, the report of plots delivery for exploitation drawn up and the permission for exploitation signed.

Article 29 In cases of term fall of cutting, which is determined on the permission for expioitation, the exploiter shall lose the right co cut wooden material and will be obliged to pay 50o/c of the surface value.

Article 30 It is forbidden to sell and buy standing wooden material from state forests= except the juridical persons who administer them. It is permitted to sell and buy the production resulting from the exploitation of forest resources and the processing of wooden rnnterials.

Article 31 Wooden materials and other production cannot be transported from forests, without a special permit verifying that such material has been produced according to the dispositions of this law.

Article 32 Forest authorities have the right to control persons carrying out forestry activities and other forest production exploitation, to control cutting and pasturage 'Nithin the forests, and to control the movement of ali vehicles and animals used to transport wooden materials and other forest productions.

Article 33 Gathering of secondary forest productions is permitted for those persons having the appropriate authorization from tp.e forest authorities. Such productions are pieces of heatht of arbutus berry-tree, box-tree, etc, sticks like willow, etc, resins, chaffs, leaves, bark of trees, flowers, forest fruits, buds, medicinal plants and TANIFERE, mushrooms and other foresc by-products.

Article 34 It is forbidden to pull out heath, box-tree and arbutus berry..tree roots and to cut the sticks of willow and other forest species during the vegetation period.

Article 35 Permission for leaf cutting, cattle pasturage and grass scything within forest resources c:i.n be sought from forest authorities upon payment of appropriate ta.riffs.

Article 36 The Fores, General Directorate can temporarily forbid gathering or pasturage within. forest resources when medicinal plants and T.~IFERE could be damaged, diminished, risk disappearing or in the case of other actions that might adversely affect them.

Article 37 Juridical and other persons have the right to use the forests for relaxation, heaich and tourisric aims only if they have permission from the Forest General Directorate, if they have paid the tariffs determined by the Council of Ministers, and when the period of use corresponds to the specific dispositions laid down by law. The entrance of peopie, animals and all irnplementS into the areas of national forest parks ancJ the pa.r:s of forest resources designated for social functions can be undertaken only with the permission of forest authorities and upon payment of the iequisite fee decided by the Forest General Directorate. CHAPTER IV THE PROTECTION OF FOREST RESOURCES

Article 38 Careful administration and the protection of forest resources (irrespective of the form of property) from unauthorized cutting and pasturage, from diseases and insects, from fairs and dirtiness, preventive measures and the organization of fire fighting are permanent duties of forest authorities in centres and districts and, according to the case, are also duties of the public. order.

Article 39 The Forest General Directorate and its dependant authorities are responsible for ensuring the protection and careful administration of state and public forest resources.

Article 40 Persons that are owners, managers or users of forests, masses or forest woods inside or outside forest resources are obliged to ensure their protection.

Article 41 The pasturage and movement of cattle within newly afforested areas, in exploited or rehabilitated forests, in protective forests, in national forest parks, around scientific centres or natural monuments, on landscapes and natural protected nursery, in hunting areas and near seed nurseries, is forbidden.

Article 42 It is forbidden to gather, to deliver or to plant the seeds, scions or forest saplings of woods and brushwoods without the permission of forest authorities. It is forbidde!1 to market wooden materials and other forest productions infected by diseases, weeds and parasites and affected by insects. It is forbidden to plant seeds .and other vegetative forest materials without the respective certificates.

Article 43 It is forbidden to make a fire that could endanger the forest and to undertake any action that, according to the regulations of the Minister of Agriculture and Food, would create the risk of forest fires.

Article 44 ff fire should break out within the forest resources or in any wooded area, the local forest and other authorities, enterprises, centres of work and production, military units, schools, institutions and private citizens in the vicinity have the duty to report it and to participate in putting out the fire. The process of putting out forest fires should be guided by the forest authorities.

Article 45 It is forbidden to undertake within the vicinity of forests the construction of industrial installations which emit ga~ or liquid or solid effluent that could damage the forest environment, and all works are forbidden that could cause destruction of the ecological equilibrium.

Article 46 All the e:<penditures required to protect the forest resources from fires and dirtiness, to fight disease, insects and weeds will be subsidized by the state, based on criteria determined by the Ministry of Economy and Finance and the Ministry of Agriculture and Food.

Article 47 ft is forbidden to damage the works and structures far water gathering and distribution sys\ems, of experimental plots, of hunting productive objects, of fenced enclosures, of observation points for flora and fauna. protection, of observation points to decect and control disec1Ses, inseccs and fires, or any other works connected with the safeguarding of forests or forest resources.

Article 48 It is forbidden to damage, efface, or remove geodesic, topographic and any other indicator boards in forest areas.

Article 49 Digging around forest resources and streams in order to take out stones and humus, sand, grit. grass lumps, etc., to put wood charcoal kilns, lime kilns, bee-hives, etc., ar.d to open quarries, would only be permitted with the authorization of the forest authorities, and at !ocations and times determined by them, on payment of the ielevant tariff.

Article 50 The stationing of vehicles and draught in animals specially protected forests, in national forest parks, at natural nurseries and landscapes, at forest nurseries or other parts of the forest resources, is forbidden except where permitted by forest authorities.

Article 51 Camps, tents, mobile houses or other similar objects can only be put at places determined by forest authorities.

Article 52 It is forbidden to appropriate fallen wood and dry wood resulting from natural phenomena, or saplings cut by other persons.

Article 53 The harvesting of resin shall be realized in chafe productive forests 10 years before the stage of exploitation. The woods shall be stumped by forest authorities. In producing resin it is necessary to use effective methods that cause the least damage on woods. It is forbidden to produce the essence from chafe woods in prime forests. CHAPTER V THE ORGAl'llZATION OF THE FOREST SERVICE

Article 54 The Forest Police Service is organized in order to protect and increase the production of forests. It is an exec-.itive and specialized authority to control and implement forest legislation. The Forest Service authorities mam1ge, organize and control the activities to prevent and measures to protect forest resources from disease, insects, fires, dirtiness, illegal cutting and illicit pasturage~

Article 55 Tne Forest Police Service is organized and managed by the Forest General Directorate.

Article 56 Tne Forest Police Service is organized according co the state and forest a<.fministrative division. It has preventive, administrative, technical and juridical functions in order to defend the forests and forest environment.

Article 57 The employees of rhe Forest Police Service have military status and are equal before the law to the employees in the public order.

Article 58 The conditions for participation in the Forest Police Service and the formula of oath shall be deter.mined by a special regulation of the Minister of Agriculture and Food.

Article 59 To fulfil its duties the Forest Police Service collaborates with the other authorities concerned wich public order and fiscal control. In the cases of penalties and enforcement the Forest Police Service can use force.

Article 60 The policy of Forest Service is provided with arms and other means and with the uniform of the Forest Service. The kind of uniform and time of use will be determined by the Forest General Directorate. The types of arms and other means will be determined by the Minister of Agriculture and Food in collaboration with the Minister of Public Order. In itS activity it is supponedt as per decree No. 7449, dated 5.01.1991, "For fire arms usage from the border/defence forces, public order forces and from the military and civil guard". CHAPTER VI CONTRAVENTIONS

Article 61 Transgression of this law can, depending on the case, cause material, administrative, civil and penal repercussions.

Article 62 In cases of transgression of the law "For forests" the forest service a.uchorici.es and those of public order compile a repo~ which would be signed by them, by the transgressor and by attesters; in the absence of the latter, the report is valid with only the signature of those initiating the proceedings.

Article 63 Transgressions of the dispositions of this law are referred to in articles 7, 8, 9, 11, 14, 18, 19, 22, 23, 25, 26, 29, 30, 31, 32, 33, 34, 35, 40, 42, 43, 44, 45, 47, 48, 49, 51 and 53. \Vhere no penal problem is involved and the value of damage does not exceed 5,000 leks, depending on the extent of the damage, the penalty will be from 250 to 5,000 leks and will be accompanied by the sequestration of wooden material or, in its absence, its value in monetary terms. The Forest General Directorate has the right to decide, through special instructions, upon the degrees of penalties. The transportation of illegally cut wooden material is an administrative contravention and is condemnable according to this disposition. When the value of damage of forest resources e."CCeeds 5,000 leks·the guilty party has to respond according to the dispositions of the penaI code. The destructio~ the falsification or usage of stump by other persons is :m administratiye. contravention and the penalty would be 5,000 leks. The transgressional actions foreseen in ankle 37, second paragraph, and in articles 41, 43, 50 and 52 of this law, carry for a first offence a penalty of 100 leks.

Article 64 A commission composed of not. less than three members has to be t·ounded at the Forest Service Directorate to handle administrative contraventions in. the forests. The Director nominates the members of this commission. In the case of penalties of up to 3,000 leks, the grievance should be directed to the Director of Enterprise, and for penalties exceeding 3,000 leks-, to the Director General of Forestry, within 10 days from the day of law proclamation. Toe financial obligation has to be liquidated within 15 days from the day of decision. The Council of "'tinisters determines the tariffs for forest damage compensation. the tariffs for deforestation. for the occupation of surfaces and for the usage of areas of forest resources.

Article 65 The Council of Ministers, che orher Ministries and ceatral institu.tiaas, according to their competencies, have the duty to compile responsible normative actions for the implementation of this law.

Article 66 Law No. 4407, dated 25.06.1968, "For forests" and each disposition that is contrary to this law, is abrogated.

Article 6i Tne law wiil come into force 15 days after promulgation. Tiran~ 20.10.1992. No. of Decree 338. President of the Republic