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Environmental groups pursue new legal action over destruction of Romania’s natural forests

 

Environmental organisations EuroNatur, Agent Green and ClientEarth have revealed the catastrophic scale of illegal logging of old-growth and primary forests in Romania’s Natura 2000 protected areas in a new complaint submitted to the European Commission.

The organisations have today submitted a complaint against Romanian authorities stating that the government’s lack of action to address extensive logging of primary and old growth forests within protected areas is leading to irreversible loss of unique habitats and species.

Romania hosts two-thirds of Europe’s remaining primary and old-growth forests of the temperate climate zone. These precious ecosystems, protected by European law as Natura 2000 sites, are being systematically destroyed by large-scale logging operations.

ClientEarth wildlife and habitats lawyer Ewelina Tylec-Bakalarz said: “Intensive logging, approved by the Romanian authorities and carried out by state forestry, Romsilva, has caused serious deterioration of habitats and species protected under EU Nature Directives. Logging continues to be an ongoing threat to Europe’s most unique ecosystems and a striking violation of EU law.”

The legal action follows previous complaints which led to the European Commission launching infringement proceedings against Romanian authorities over their systemic and continuous failure to protect one of Europe’s last natural forests.

Gabriel Schwaderer, Executive Director of EuroNatur said: “Our current complaint provides the European Commission with new evidence proving that illegal logging is causing a profound environmental crisis affecting many protected areas in Romania. We hope that it will allow the Commission to intervene sooner, because now might be our last chance to take action before damage of these unique ecosystems becomes irreversible.”

The evidence obtained by the environmental groups reveals the devastating impact of logging protected forests. In Natura 2000 sites in Făgăraș and Domogled, the majority of analysed habitats showed severe signs of deterioration. In the Natura 2000 site in Maramures the researchers have documented over 10,000 hectares of clear-cuts.
Veronica Tulpan of Agent Green said: “There are whole mountains where the forest habitat has been completely removed and all of the wildlife along with it. We need a rapid intervention from the Commission to start applying the nature directives in Romania properly.”

Tylec-Bakalarz concluded: “The situation in Romanian forests is dire, but the case taken to protect Poland’s Bialowieza Forest gives us hope. It proved how effective European law can be in safeguarding of our continent’s natural wonders.” 

Video evidence about the fate of Romania’s Natura 2000 sites

Background information:

● The PRIMOFARO inventory (Primary and Old Growth Forest Areas of Romania), an analysis of Romania’s potential primary and old growth forests commissioned by EuroNatur, reveals that forest destruction is progressing quickly.

● Romania still has more than 525,000 hectares of potential old-growth and primary forests, which is more than any other EU member state (outside Scandinavia).

● Around 300,000 hectares of the Forests identified in the Primofaro inventory of Romanian woods are listed as Natura 2000 sites. Many protected animals such as large carnivores, black stork, owls, woodpeckers, bats and beetles depend on them for survival.

● Despite efforts by Romanian civil society groups to stop illegal logging, the situation in Romania has continued to deteriorate. The official national forest inventory shows that on top of 18 million m3 of legally harvested wood, another 8.8 million m3 of forest resources were extracted annually between 2009 and 2013 and increased to 20.6 million m3 annually between 2014 and 2018.

● The campaign “SaveParadiseForests“ aims at protecting the most valuable old-growth forests of the Carpathians, particularly Romania. It is jointly coordinated and carried out by the NGOs EuroNatur (Germany) and Agent Green (Romania).

Resources:
Briefing paper on the complaint to the European Commission

Briefing paper on Natura 2000 areas: Fagaras, Maramures and Domogled

Videos for Social Media

Memes for Social Media

Relevant videos: Primary forests, Maramures, Fagaras

About EuroNatur:
EuroNatur is a nature conservation foundation based in Radolfzell, Germany. Our efforts for a Europe with free-flowing rivers, ancient forests and a rich variety of cultural landscapes are transboundary in nature; we strengthen local conservation organizations and create international networks between them. Together with our Europe-wide partner network we create solutions that allow humans to live and work in harmony with nature. Our aim is a powerful network committed to protecting our European natural heritage.

About Agent Green:
Agent Green Association is a non-profit NGO for environmental protection and biodiversity conservation founded in 2009 in Romania. Established to protect Retezat Mountains, one of the last intact forest landscapes in the temperate climate of Europe, Agent Green evolved into carrying out investigations, scientific approach, strategic cooperation and effective campaigns targeted at bringing about positive and lasting change for nature.

About ClientEarth:
ClientEarth is a charity that uses the power of the law to protect people and the planet. We are international lawyers finding practical solutions for the world’s biggest environmental challenges. We are fighting climate change, protecting oceans and wildlife, making forest governance stronger, greening energy, making business more responsible and pushing for government transparency. We believe the law is a tool for positive change. From our offices in London, Brussels, Warsaw, Berlinand Beijing, we work on laws throughout their lifetime, from the earliest stages to implementation. And when those laws are broken, we go to court to enforce them.

 

Large complex of forest wilderness in Ucea Mare valley in Fagaras Mountains Natura 2000 site © Agent Green
Giant clearcut in Ucea Mare valley in Fagaras Mountains Natura 2000 site ©Agent Green
Logging in a natural beech forest Domogled – Valea Cernei Natura 2000 Site and National Park © Matthias Schickhofer

Romania: Complaint by Agent Green stops the destruction of natural forest on Mehedinti Plateau

Activists from Agent Green were able to stop an illegal road construction through an old growth forest in south western Romania. Big parts of Mehedinti Pleateau Geopark were threatened, and some parts already destroyed, by plans for a controversial road construction. After the submission of a notification by Agent Green, Romanian state forests enterprise Romsilva had to stop the logging and construction on 2nd October 2019.

The Mehedinți Plateau Geopark (Romanian: Geoparcul Platoul Mehedinți) is a protected area (Natural Park – Category V protected area according to IUCN) situated in Romania, on the administrative territory of counties Gorj (5%) and Mehedinți (95%). It encompasses a hilly area (ravine, gentler valleys, limestone pavements, caves, pit caves, forests, pasture) and shelters a large variety of flora and fauna, including some rare and endemic species.

Nevertheless, Romsilva decided to build a forest road through the park, although they did not have the necessary permit from the park administration and although no adequate environmental assessment had been pursued. It seams very much likely they started to build this unapproved forest road because of logging interests in the Nature park, which is also protected as “Site of Community Interest” under the EU Natura 2000 regime. The old-growth forest on limestone is explicitely under protection of European legislation as habitat type “Medio-European limestone beech forests of the Cephalanthero-Fagion” (9150). The Habitats Directive (Natura 2000) prohibits significant deterioration or degradation of natural habiats in a good conservation status in Natura 2000 sites.

The efforts of environmental activist, Alexandru Teleaga, along with Agent Green turned out into a key success against the illegalities committed by Romsilva. After environmental activists submitted the necessary notifications to the competent authorities, the National Environmental Guard forced Romsilva to immediately stop the forest road construction. Romsilva was forced to bring the forest landscape to its initial state, after they started to build an illegal forest road in Mehedinți Plateau Geopark.

Forest machine in Mehedinți Plateau Geopark © Agent Green
Road construction destroying the forest © Agent Green

 

 

EU Commission urged to protect Europe’s largest natural forests in Romania from illegal logging

Environmental organisations EuroNatur, Agent Green and ClientEarth have advanced their fight against illegal logging of old-growth and primary forests in Romania by filing a complaint against the country’s authorities to the European Commission.

Their joint goal is to stop the ongoing deliberate destruction of natural woodlands making up two-thirds of Europe’s unspoilt forests (outside Scandinavia).
The organisations claim that Romania’s state forestry, Romsilva, is conducting logging operations within protected Natura 2000 areas without proper analysis of the impact on these unique sites. In some cases the relevant environmental impact assessments, which should be performed beforehand when logging is being planned, take place years after logging gets underway.

ClientEarth wildlife lawyer Ewelina Tylec-Bakalarz said: “Systematic logging in Natura 2000 sites without effective assessment of its impact on those areas is a clear violation of EU law. This is a widespread problem across Romania, which is why we are now bringing this case to the European Commission.”

Romsilva manages 22 of 29 of the Romania’s national and natural parks. All these areas are part of the EU Natura 2000 network and fall under the provisions of both the Habitats and the Birds directives. However, legal experts say the state forestry often fails to comply with the EU legal requirements for the protection of such areas.
Gabriel Schwaderer, Executive Director of EuroNatur said: “If the breach of EU legislation in Romania is allowed to continue without any consequences, the whole Natura 2000 system is weakened. The ongoing nature conservation drama in Romania is one of the most pressing environmental crises in Europe, yet it is still largely unrecognised.”

Tylec-Bakalarz added: “The case of Poland’s Bialowieza Forest proves how effective European law can be in protection of our continent’s natural treasures. We hope that in the case of Romania’s forests the European Commission will also take action before damage of these unique ecosystems becomes irreversible.”

Notes for editors (more background info – see below):
– Around 300,000 hectares of Romanian natural forests are included in Natura 2000 sites. Many protected animals such as large carnivores, black stork, owls, woodpeckers, bats and beetles depend on them for survival.
– The campaign “SaveParadiseForests“ aims at protecting the most valuable old-growth forests of the Carpathians, particularly Romania. It is jointly coordinated and carried out by the NGOs EuroNatur (Germany) and Agent Green (Romania).

Large scale clear cut in Romania’s Fagaras Mountains Natura 2000 site. The destruction of this forest in Ucea Mare valley started in the year 2013 – more than five years after Romania installed its Natura 2000 sites in 2007/2008.

Probably central Europe’s most valueable primary forest: Pathless Boia Mica valley in Romania’s Fagaras Mountains Natura 2000 site. This pristine valley is not protected from logging anyhow at the moment.

 

Background Briefing – Romania forests.

Complaint to the European Commission prepared by Agent Green, ClientEarth and EuroNatur, Sept. 10, 2019

Background:
Romania hosts the largest natural and primary forests in the EU outside Scandinavia which are home to numerous species protected by EU Habitats and Birds directives. A high proportion of these species (such as saproxylic beetles, bats, owls, woodpeckers or forest cocks) depend on presence of old trees and standing and lying dead wood, which can only be found in unmanaged areas or very close to them. A large proportion of these high biodiversity value forests are located within Natura 2000 sites. Logging in Romania’s Natura 2000 sites areas has had a severe and widespread impact on natural forests with a protected conservation status.
Logging permissions in Romania are based upon forest management plans (FMPs), which have to be approved by the Ministry for Water and Forests every 10 years. There is clear evidence, that in many cases these plans have not been subject to sufficient environmental assessments required by law.
There are two environmental assessments which should be conducted prior to adoption of FMPs:

Strategic Environmental Assessment (SEA)
Based on the SEA Directive this assessment is required for a wide range of public plans and programmes. It is mandatory for plans and programmes which are prepared, among others, for forestry and which set the framework for future development consent of projects listed in the EIA Directive. The aim of the SEA is to ensure that plans and programmes take into consideration the environmental effects they cause. 

Assessment under the Habitats Directive
Article 6(3) of the Habitats Directive requires that any plan or project not directly connected with or necessary to the management of a Natura 2000 site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives.
The focus of the assessment under the habitats Directive is specifically on the species and/or the habitats for which the Natura 2000 site is designated. An appropriate assessment should lead competent national authorities to agree to a plan only if they can ascertain that it will not adversely affect the integrity of the site concerned.
Lack of assessment under the Habitats Directive is particularly harmful in the context of logging in Romanian forests which are home to a number of protected species, including black stork which is protected under EU law.

The NGOs who authored the complaint to the European Commission identified several forest administrations, both under management of the Romanian forest authority Romsilva and under private administration, who apply national legislation in a manner which means that environmental assessments are not carried out until some considerable time (in some cases years) after logging has taken place: OS Baia de Aramă, OS Lerești, OS Spinu Podeni, OS Scara Mâzgavu, OS Tismana, OS Poieni, OS Padeș, OS Băile Herculane, OS Avrig, OS Izvoru Florii, OS Boișoara, OS Alpina Borșa, OS Lupeni, OS Făgăraș. In these areas activities under the FMPs (logging, selling the forest etc.) started well before the environmental assessments, which is indicative of a systemic problem in Romania.

The European Commission has a power, under Article 258 of the Treaty on the Functioning of the EU, to take formal action against Member States who breach or fail to properly implement EU law. This action, known as “infringement proceedings”, allows the Commission to require the Member State to remedy the breach, and ultimately to take the Member State to court if the matter is not resolved. The present complaint has been submitted to DG Environment for them to assess whether a formal infringement procedure should be opened against Romania.

Conclusions:
Romania hosts the largest natural and virgin forest heritage within the temperate climate zone of the EU but the lack of effective strategic environmental assessment and appropriate assessment puts these forests in danger. These areas, constituting two-thirds of Europe’s last primary forests, are being systematically logged and no national remedies appear to be able to prevent this logging.

Legal action in a similar case –  Bialowieza forest in Poland – has been brought before the CJEU which, in its ruling of 17 April 2018, found that the Government of Poland has failed to fulfil its obligations to protect the forest and ordered the immediate repeal of illegal logging permit. Meanwhile, Romanian law allows the systematic logging inside Natura areas without any assessment.
By continuing logging, Romania is not only violating EU and international legislation but also destroying some of Europe’s last primary forests.