Preliminary assessment of the third payment request of Romania (2024)

cle 2(1)(b) modifies criteria for harvesting trees affected by biotic or abiotic factors, specifying the conditions under which these trees can be extracted and the methods for assessing the volume of affected trees. Article 2(1)(b1) introduces a new subparagraph allowing for the authorization of harvesting trees affected by wind, snow, and fires after submitting the approved valuation to the competent territorial structure. New point (g) in Article 2(1) addresses forestry works from approved forest management plans that overlap with Natura 2000 sites and have not undergone environmental assessment. Ministerial Order No. 1945/2021 was published in the Official Journal No. 1043 of 1 November 2021 and entered into force on the date of the publication in the Official Journal, according to the provisions of Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts. This order is aligned with the specific objectives of the National Forest Strategy to support the socio- economic functions of forests and protect, restore and expand Romania’s forests (page 11). b. Order no. 1648/2000 on the approval of technical rules on compositions, schemes and technologies for forest regeneration and afforestation of degraded land Ministerial Order No. 2533/2022 was approved by the Minister for Water and Forestry on 28 September 2022. It approves the technical rules for compositions, schemes and regeneration technologies of forests and afforestation of degraded land and the Good Practice Guide on Composition, schemes and technologies for forest regeneration and afforestation of degraded land. In Article 4, Ministerial Order No. 2533/2022 provides that with its entry into force Ministerial Order No. 1648/2000 ceased to apply. Ministerial Order No. 2533/2022 in the Official Journal No. 1000 on 14 October 2022 and entered into force on the same date, according to the provisions of Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts. The National Forest Strategy prescribes requirements for afforestation and reforestation to ensure species and ecotypes are climate-resilient and do not adversely affect biodiversity. Specifically, the Strategy mandates: "Requirements for species and ecotypes to be climate-resilient and without negative impact on biodiversity. The strategy shall respond to the need to have updated guidelines on tree planting in Romania and shall create safeguards, in particular, to exclude the use or release of invasive alien species" under point a) of SDA 7. This requirement is justified by Annex 1 of the amended Ministerial Order No. 1648/2000, Article 3, which states: "(6) The species and ecotypes used in afforestation shall be climate-resistant and without negative impact on biodiversity. (7) In afforestation, forest reproductive material of tree species and ecotypes that are appropriate to future climatic conditions of Romania shall be used." Furthermore, the Strategy stipulates under point b) of SDA7: "Requirements for the production of reproductive material to target tree species and ecotypes that are suitable for Romania’s future projected climatic conditions in sufficient quantities with the involvement of the private sector, and for measures to discourage the creation of commercial nurseries for short rotation or monoculture production." Article 3(7) of Annex 1 of the amended Ministerial Order No. 1648/2000 enacts this requirement by requiring that forest reproductive material of tree species and ecotypes that are suitable for Romania’s future climatic conditions will be used for afforestation, therefore complying with the requirement for the National Forest Strategy 2020-2030 set out in point (b) of milestone #22. The Strategy stipulates under point d) of SDA7: "Requirements for afforestation to contribute positively to the objectives of biodiversity conservation, water management, and soil protection by prohibiting afforestation or reforestation on agricultural land with high nature value, grassland or wetlands, excluding habitat restoration." Article 3(8) of Annex 1 of the amended Ministerial Order no. 1648/2000 enacts this requirement by stating that afforestation or reforestation on high nature value agricultural land, grassland or wetlands shall be prohibited, except habitat restoration, which contributes positively to the objectives of biodiversity conservation, water management and soil protection, therefore complying with the requirement for the National Forest Strategy 2020-2030 set out in point (c) of milestone #22. Under point e) of SDA7, the Strategy mandates specific requirements for urban afforestation to enhance ecological connectivity and sustainability. The strategy specifies: "Requirements for urban afforestation to be achieved through a landscape level approach that contributes to strengthening connectivity with natural or semi-natural areas (such as forests or agricultural areas) with a focus on linking habitats with green infrastructure and ecological corridors." This requirement is justified by Article 3(9) of Annex 1 of the amended Ministerial Order No. 1648/2000 enacts this requirement by, providing that urban afforestation must be carried out through a landscape approach that contributes to strengthening connectivity with natural or semi- natural areas, with a focus on connecting habitats with green infrastructure and ecological corridors, therefore complying with the requirement for the National Forest Strategy 2020-2030 set out in point (e) of milestone #22. Finally, point f) of SDA7 in the Strategy stipulates: "Requirements for afforestation and reforestation projects to be carried out in areas exposed and vulnerable to climatic hazards, in particular to drought and floods, and where appropriate afforestation or reforestation reduces the resulting risks." Article 3(10) of Annex 1 of the amended Ministerial Order No. 1648/2000 enacts this requirement by requiring the establishment of special requirements for afforestation and reforestation projects to be carried out in areas exposed to and vulnerable to climate hazards, in particular drought and floods, therefore complying with the requirement for the National Forest Strategy 2020-2030 set out in point (f) of milestone #22. This order is aligned with the specific objectives of the National Forest Strategy to support the socio- economic functions of forests and protect, restore and expand Romania’s forests (page 11). c. Order no. 1649/2000 on the approval of the Technical Norms for the care and management of stands Ministerial Order No. 2534/2022 was approved by the Minister for Water and Forestry on 28 September 2022. It approves the technical rules for the care and management of stands and the Guide to good practice on the care and management of stands. Article 4 of Ministerial Order No. 2537/2022 provides that with its entry into force Ministerial Order No. 1649/2000 ceased to apply. Ministerial Order No. 2534/2022 was published in the Official Journal No. 989 on 12 October 2022 entered into force on the same date, according to the provisions of Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts. Point e) of SDA6 in the Strategy stipulates: “Management for the stability of forest ecosystems will include requirements on adaptation to climate change to ensure that forest management is based on active species vulnerability monitoring”. Moreover, point f) of SDA6 in the Strategy stipulates: “preventive measures that increase natural soil absorption capacity will be included in management activities for the stability of forest ecosystems”. Article 2(2) of Ministerial Order No. 2534/2022 provides that the work carried out must increase the natural soil absorption capacity and consider meeting the specific requirements for adaptation to climate change. Therefore, it complies with the requirement for the National Forest Strategy 2020-2030 set out in point (d) of milestone #22. This order is aligned with the specific objective of the National Forest Strategy to protect, restore and expand Romania’s forests (page 11). d. Order no. 1650/2000 on the approval of the Technical Norms on the choice and application of treatments Ministerial Order No. 2535/2022 was approved by the Minister for Water and Forestry on 28 September 2022. It approves the technical rules for compositions, schemes and regeneration technologies of forests and afforestation of degraded land and the Good Practice Guide on Composition, schemes and technologies for forest regeneration and afforestation of degraded land. SDA6.2 in the Strategy mandates the implementation of updated technical norms that distinguish clearly between regeneration cuts and conservation works, and it emphasises the efficient use of seed years and the creation of highly stable stands. Ministerial Order No. 2535/2022 incorporates these updated norms and best practices to fulfil the objectives set out in SDA6. The technical rules touch upon several key factors, including new research over the past 20 years on intensive treatments, a complex approach to special conservation works (notably for coppice-treated stands and selected American poplars and willow), and the necessity of detailing treatment techniques where classic regeneration cuts require supplemental ecological reconstruction. Additionally, they also consider the changes in the legal regime of forest lands over the last two decades and emphasizes a distinct approach to biodiversity conservation and enhancement. Article 4 of Ministerial Order No. 2535/2022 provides that with its entry into force Ministerial Order No. 1650/2000 ceased to apply. Ministerial Order No. 2535/2022 was published in the Official Journal No. 994 on 13 October 2022 and entered into force on the same date, according to the provisions of Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts. This order is aligned with the specific objective of the National Forest Strategy to protect, restore and expand Romania’s forests (page 11). e. Order no. 1653/2000 regarding the approval of the Technical Norms regarding the annual control of regenerations Ministerial Order No. 2537/2022 was approved by the Minister for Water and Forestry on 28 September 2022. It approves the technical rules for forest regeneration and carrying out of annual controls of regeneration and the guide to good practices on forest regeneration and carrying out the annual control of regeneration. It is aligned with the objectives of especially SDA6 in the Strategy, the “Adequate management for the stability of forest ecosystems” and SDA7, the “Increase of forest cover by afforestation of non-forest land”. Article 4 of Ministerial Order No. 2537/2022 provides that with its entry into force Ministerial Order No. 1653/2000 ceased to apply. Ministerial Order No. 2537/2022 was published in the Official Journal No. 995 on 13 October 2022 and entered into force on the same date, according to the provisions of Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts. This order is aligned with the specific objective of the National Forest Strategy to restore and expand Romania’s forests (page 11). f. Order no. 1672/2000 regarding the approval of the Technical Norms for forest management Ministerial Order No. 2536/2022 was approved by the Minister for Water and Forestry on 28 September 2022. It approves the technical rules for forest management and the Guide to Good Practice on Forest Planning. It includes methodologies and practices for forest planning, which are designed to ensure the continuity of forest ecosystems, the protection of biodiversity, and the sustainable production of forest resources. These objectives are in line with the National Forest Strategy's vision of ensuring that Romania's forests are healthy, resilient, and diverse, managed through appropriate instruments tailored to the needs for the continued provision of vital ecosystem services, sustainable wood production, and the protection of valuable forest ecosystems, as set out for example under SDA6 in the Strategy: “Adequate management for the stability of forest ecosystems”. Articles 25 to 27 of Ministerial Order No. 2536/2022 include binding rules for biodiversity protection through defining which type of works are allowed in which types of forest, and rules to ensure the conservation of biological diversity as listed in point (i) of the description of milestone #22 sets out concrete measures for protecting forest habitats and species, and particularly the alignment of forestry norms with biodiversity considerations. Article 4 of Ministerial Order No. 2536/2022 provides that with its entry into force Ministerial Order No. 1672/2000 ceased to apply. Ministerial Order No. 2536/2022 was published in the Official Journal No. 999 on 14 October 2022 and entered into force on the same date, according to the provisions of Article 12(3) of Law No. 24/2000 on legislative technique rules for drafting legal acts. Furthermore, in line with the description of the measure, the reform shall consist of the following actions: (3) Adoption and entry into force of amended Ministerial Ordinances laying down the binding rules for afforestation and reforestation foreseen in the National Forest Strategy 2020- 2030 adopted under (2) (by 30 September 2022) Point (g) of the description of milestone #22 states that the Strategy shall set out sustainability criteria for forest biomass for energy use. SDA3 also requires setting out criteria, such as: “Forest biomass intended for energy purposes must be produced through sustainable forest management, which must at least consider the continuity of forest existence, the principle of continuous wood harvesting, the promotion of natural regeneration and the fundamental natural forest type, species diversity, and the management of deadwood” (point C, page 53 of the Strategy). Article 29(6-13) of Government Emergency Ordinance No. 163/2022 sets out the sustainability criteria of forest biomass for energy use. Point (h) of the description of milestone #22 states that the Strategy shall include specific actions to tackle illegal logging, such as a full implementation of SUMAL including logging monitoring through remote-sensing, strengthening of the sanctions regime, and other measures as appropriate. SDA2 of the Strategy, which focuses on ensuring transparency and competitiveness in the wood market, states that the SUMAL system will continue to be used, with ongoing efforts to increase its effectiveness, and sets out a series of principles for improving the regulatory framework. SUMAL is currently used and will be extended in its functionality under milestone #167, which will be part of the sixth payment request. Other measures, as explained in the previous assessment fiche for milestone #22, such as timber monitoring, improved control of forest management and modification of the legal framework for sanction will be included into the New Forestry Code under milestone #24, which will be part of the fourth payment request. The Council Implementing Decision required the adoption of the National Forest Strategy 2020-2030 by 30 September 2022. The National Forest Strategy entered into force on 5 October 2022, as evidenced by Government Decision No. 1227/2022. Whilst this constitutes a minimal substantive deviation from the requirement of the Council Implementing Decision, the National Forest Strategy had entered into force at the time of the assessment. Commission Preliminary Assessment: Satisfactorily fulfilled Related Measure: Sustainable transport, decarbonisation and road safety / Road Number: 66 safety Name of the Milestone: Entry into force of the road safety – legislation - legislation on monitoring, enforcement and sanctions on road safety offences Qualitative Indicator: Provision in the legislation indicating the entry into force Time: Q4 2022 of the road safety legislation Context: Reform C4.R1 on sustainable transport, decarbonisation and road safety aims to support the transition towards sustainable and smart mobility by improving the strategic, legal and operational framework of the transport system in Romania. The sub-measure C4.R1.3 concerning road safety requires the adoption of a National Road Safety Strategy and its implementation by means of legislative changes and the entry into force of enforcement measures. Milestone #66 requires the entry into force of legislative changes regarding road safety to: (i) enforce compliance rules and introduce higher penalties for breaches of the law; (ii) monitor road offences using automatic equipment; (iii) reduce speed limits in specific areas or roads based on accidents data/risk analysis and best practices at EU level; (iv) introduce speed management system and mandatory safety features, including revising traffic rules and priority for vulnerable users; (v) phase out old/deficient vehicles from the national register, and (vi) increase safety inspections and checks. Road safety legislation aim to reach a 50% reduction of fatalities in road accidents by 2030 compared to 2019, in line with the EU Road Safety Policy Framework 2021-2030. Milestone #66 is the second milestone in the implementation of the reform, and it follows the completion of milestone #65, related to the adoption of the National Road Safety Strategy and assessed as satisfactorily fulfilled in the context of Romania’s second payment request. It will be followed by target #67 related to the installation of equipment to increase speed enforcement and compliance with road safety rules and target #68 requiring a reduction in the number of road accident victims by at least 25% compared to 2019. The reform has a final expected date for implementation