The document discusses common lands and sustainable management in Romania. It provides background on Romanian laws governing forests and common lands. It then summarizes the situation of common lands, including the relations between land owners and users. The document also describes a model area called Vladeasa Massif, including its biodiversity, hydrology, and regulatory status. It outlines the history and current stakes and threats facing the area. Finally, it presents objectives and conclusions related to sustainable management of common lands in Romania.

1. UNIVERSITY OF AGRICULTURAL SCIENCES
AND VETERINARY MEDICINE
CLUJ-NAPOCA
Miss Anca Şotropa, Mr. Ioan Păcurar
« Common lands for sustainable management »
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd ,
2009.
Project co-financed by the European Regional Development Fund

2. I / Applicable law
• 1879: The Austrian law for common forest was
• in July 19, 1922 in The Law for adopted in Romanian legislation
• 1881: Forest Code (inspired by France code
Agricultural Reform in 1897) which precise that forests can be
Transylvania, Banat, Crisana deforested only after there was made an
and Maramures arrangement, approved by regal decree
• 1897: Austrian law for composesorate forest
• “the village common, forests • 1910, 1962, 1996: Forest Code
and pastures that are used • 1991: Restoration of property right (The Land
Law no. 18/1991 was foreseeing, at article 41,
commonly, despite the fact that the restitution only to the physical persons, of
belong to different owners”. an area of up to 1 ha of forest, the juridical
• Compossessorate is the persons and the institutions expropriated in
1948 being completely ignored)
generic name of the forest • 1998: Government Decision no. 982 from
commons in Transylvania and December 1998, regarding the organization and
northern Romania. It is also the functioning of the National Forests
Administration
name of the common property. • 1998: Law no. 213/1998 regarding public
ownership and its juridical regime
• 2000: Law no. 1/2000, restitution law
• 2005: The 2005 restitution law resulted in a
commitment vastly to increase the area of state
« Common lands for sustainable management » forests to be restituted to their former private
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd , 2009. owners (above what was envisaged in the 1991
and 2000 restitution laws).

4. Situation of common lands in Romania

6. Relations: Land / Owner
• The current round of forest restitution is
of great importance and presents good
opportunities for the Romanian
economy.
• It also presents significant risks and
exceptional challenges for the well-
established and internationally respected
traditions of sustainable forest
management which have characterized
the sector for a long time.
« Common lands for sustainable management »
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd , 2009.

7. Forest owners have, according to law, the following
obligations in regard to their property:
• to ensure the drafting and abiding by the forest plan
• to ensure the security and integrity of the forest,
• perform forest regeneration efforts,
• exploit the wood in a lawful manner,
• ensure the maintenance and repair of forest roads that
pass through their property
• must ensure for the protection of the forest from illegal
wood cutting, storms, other forms of destruction,
degradation, farm animals’ feeding, as well as any other
actions that could harm the forest.

8. Relations: Owner / User
• The Forest Code provides that forests can either be public
property or private property but, whatever the case may be, all
forests are of national interest, falling within the protection of the
state and not local authorities.
• The law allows for privately owned forest land to be enjoyed by the
owners, and even sold or transferred, but in accordance with the
provisions of the Forest Code which limit the exploitation of their
ownership rights, and expressly prohibits any construction on
forest land.
• Forests that are the public property of the state are administered by
Regia Nationala a Padurilor – ROMSILVA (hereinafter
ROMSILVA), which functions under the authority of the Ministry of
Agriculture and Rural Development.
• Forests that are the public property of localities are administered by
special forest administration entities
« Common lands for sustainable management »
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd , 2009.

9. SWOT analysis
• STRENGHTS • OPPORTUNITIES
• Great biodiversity • Increase of economic activity by
• the State is exercising absolute appropriate land management
control of cuts and deforestations • Increase self income
• WEAKNESSES • THREATS
• Illegal deforestation • the destruction of nature equilibrium
• Subsistance agriculture • Soil erosion
• Lack of coeherent and adequate • Risks of floods
legislation • sliding and fall of land
• Losing biodiversity
« Common lands for sustainable management »
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd , 2009.

10. II/ Model area - Vladeasa Massif
• Vladeasa Massif is situated
in the sector named Bihor-
Vladeasa Mountains,
respectively the central
compartment of Apuseni
Mountains, as mountainous
branch which belongs to
the Western Carpathians
• situated between the
parallels 46º47'59" and
46º37'22" Northern latitude
and the meridians
22º51'38" and 22º33'11"
« Common lands for sustainable management »
2nd Scientific Committee Eastern longitude
Palermo (Sicily - Italy) November 2nd and 3rd , 2009.

11. Vladeasa Massif
• Total area: 42841,889
• Common runs: 64%
• Private owner: 36%
• Agricultural lands – arable (46%);
pastures (51%); hays (3%)
• Real estate fund – coniferous trees
(52); deciduous trees (21%);
mixed (14%); transition (13%) and
alpine gap (0%)

12. Hydrology and hydrogeology
• the hydrographical basin of
Crisul Repede and, in a
reduced part, to the Somesul
Cald basin, situated at the
Southern limit of the territory
• In the Crisul Repede basin
during 1955-2000 a lot of high
floods were registered, most
often 1-2 high floods per year,
having only one maximum peak
(monoundical high floods) or
with several peaks (poliundical
high floods).

13. BIODIVERSITY
• The vegetation on altitude is
represented through the
following units and subunits:
• 1) the nemoral floor (of
deciduous tree forests) with the
subfloor of common oak
forests, the subfloor of beech
forests and the subfloor of
mixture forests (beech with
resinaceous);
• 2) the boreal floor (of common
spruce and other species of
resinaceous)
• 3) the subalpine and alpine
floors which do not include
species of trees but on an
isolated basis

15. THE STATUS OF NATURAL HABITATS
• Were identified 21
protected areas of
national importance
and a Natural Park
• Natural monuments:
The Varfurasu Cave,
• 2002- Natura 2000
• 11 areas on county
importance

16. REGULATORY STATUE
• Restoration of property right –
18 law/1991 and 1 law/2000
• Situation of Forest:
• 31% state forest
• 33% Public ownership of
territorial administrative units
• 25% Private forest ownership
of legal persons
• 7% Forests owned by
individuals
• 4% Forests belonging to units
of education and worship

17. HISTORY
• Subsistenc
e
agriculture
• Exploitation
and wood
processing
• Livestock
« Common lands for sustainable management »
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd , 2009.

18. STAKES AND THREATS
• Vladeasa Massif is
affected by major
tectonic movements
such as earthquakes,
weather phenomena
• Risks:
• erosion
• sliding and fall of land
• risks caused by floods
« Common lands for sustainable management »
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd , 2009.

19. STAKES AND THREATS
• Soil and water
pollution by:
• inappropriate use of
agricultural land
• illegal deforestation
• lack of landfill
arranged
• Traditional activities
are diminished
• The people who lives
there are aged
• Young people migrate
to the cities
« Common lands for sustainable management »
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd , 2009.

20. OBJECTIVES
• development of a conceptual analysis of natural factors,
but especially of the ecological regimes in which the
agro-sylvical pastoral production process is unfolded;
• offering solutions regarding the administration of natural
resources through the correlation of environmental
factors with the biological and technological factors, their
improvement through the working of soil represents a
prioritz in the conditions of practicing a long lasting
agriculture and of reconstruction of the agro-sylvical
fund;
• the establishment of preservation possibilities of soil
resources, as well as the water ones through practising
adequate measurements and study on the hay
production, wood material and agricultural products;
• Measures to decrease pollution
« Common lands for sustainable management »
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd , 2009.

21. « Common lands for sustainable management »
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd , 2009.

22. III/ Conclusions
• A special attention for Romania is to developing
programmes and policies to expand the use residue and
recycling wood
• In the next future, the main change will be on the status
of forest ownership and from this, the objectives of forest
management and administration of forests will be
changed.
• The forest law has to be modified mainly to avoid the
threats to sustainable forest management and
relationship between owners and forest.
• The list of threats to sustainable forest management is
very useful to keep “on the table” in attention of decision
makers.
« Common lands for sustainable management »
2nd Scientific Committee
Palermo (Sicily - Italy) November 2nd and 3rd , 2009.