Tag Archives: nature

Success: Romanian High Court suspends logging plans in Domogled national park

Forest management plans for Domogled – Valea Cernei national park and Natura 2000 site ignore nature conservation laws

The Romanian High Court of Cassation and Justice suspended forest management plans of forest units Cernisoara, Baia de Arama, Balmes, Ivanu and Olanu in the upper sector of Domogled – Valea Cernei National Park, which is also under protection by EU Natura 2000 legislation. The trial was initiated by Agent Green to obtain the annulment of all forest management plans within the park territory, which are in severe contradiction to provisions from mandatory nature protection legislation such as EU’s Habitats and Birds Directives.

The entire national park has been designated as a Natura 2000 site and as a UNESCO World Heritage site (including a buffer zone). However, not even 50% of the forests in the park are under effective protection and have been included in the strictly protected core zone. The rest of the forest, including highly valuable primary and old growth beech forests, is vanishing progressively due to intensive logging.

State forests enterprise Romsilva is controlling the national park management and they have been issuing logging permissions for a large number of forest parcels in the buffer zone. Even old growth and primary beech forests have been sawed down with official papers.

Euronatur foundation and Agent Green welcome the court decision as a major milestone in their campaign to save the outstanding natural forest heritage of Romania. Only recently, the EU Commission has launched infringement procedures against the Romanian state, following a complaint by EuroNatur, Client Earth and Agent Green.

“Domogled National Park can for the first time since many years breath in peace,” Gabriel Paun from Agent Green said. “It’s just the beginning! Agent Green won the High Court of Cassation and Justice trial against the Ministry of Environment and state forests Romsilva. 19369.24 hectares of Domogled National Park – Cernea Valley can no longer be reached for logging as of today. Anyone who sees a wood truck coming out of UP is asked to immediately notify the police. Transportation would be 100% illegal. Any forestry work now means a forest offense and a violation of court decisions,” Paun added. 

The forest management plans for four production units was suspended and with it, all planned cuts. Another trial to achieve anullment of the forest management plans of the production units in lower Cerna valley is still underway and the court decision is awaited.

Agent Green and Euronatur call on the Romanian government to urgently take all necessary measures to ensure that Romsilva and the operating logging companies immediately leave the Domogled National Park and all logging operations will be stopped.

In a next step, the forest management plans have to be changed in a way to fully comply with both Natura 2000 legislation and IUCN Guidelines for Category 2 protected areas, national parks. This means, that commercial forest exploitation must be ended in the whole national park and all natural (old growth and primary) forest stands need to be included in the non intervention zone of the national park.

Furthermore, the non intervention zone fragments must be connected to ensure fullfilment of globally defined IUCN guidelines for national parks. IUCN wording about national parks: “Large natural or near natural areas set aside to protect large-scale ecological processes, along with the complement of species and ecosystems characteristic of the area, which also provide a foundation for environmentally and culturally compatible spiritual, scientific, educational, recreational and visitor opportunities.”

In the interpretation of the protected area management categories for Europe (EUROPARC and IUCN, 2000), the IUCN guidelines clearly state that management of the IUCN protected category II should eliminate exploitation (of natural resources), including hunting and fishing, and that this is a duty of the authorities responsible for the management of the national park.

Brutal wounds in the paradise: Destructive logging road in unprotected Radoteasa valley – in the middle of Domogled national park.
Unprotected forest wilderness in Cernisoara production unit. Logging there is suspended for the time being – and must not return.

 

Romania: New inventory reveals huge and threatened natural forest treasure

EuroNatur and Agent Green: Europe needs to do its homework and halt forest destruction in Romania

While Europe is shocked about the forest destruction in the Amazon, central Europe’s largest natural forests in Romania are vanishing due to logging. EuroNatur Foundation submitted a comprehensive inventory of the valuable forest stocks of Romania: PRIMOFARO (PRIMary and Old growth Forest Areas of Romania). 

The results are promising – and concerning: Romania still host more than 525.000 hectares of old growth and virgin forests, more than any other EU member state (outside Scandinavia). But the analysis also reveals that forest destruction moves ahead quickly.

At least on paper, two thirds – more than 330.000 hectares – of Romania’s natural and virgin forests are protected, because they are already part of the EU Natura 2000 network (which includes all national parks). But most of these forests lack any effective protection. Only 6 per cent of these forests have been listed with the Romanian „National Catalogue of Virgin Forests“so far. This programme grants protection only to those forests that comply with the strictest virgin forest criteria. Other natural forests are left without any protection. As a consequence, logging in Natura 2000 sites and national parks is omnipresent.

PRIMOFARO also shows that almost 50 percent of Romania’s virgin forests, which were identified in 2005 as part of a comprehensive inventory of virgin forests, are degraded or destroyed already.

„We intentionally looked beyond the narrow scope of ‚virgin forests’ and tried to identify high biological and climate value forests in Romania. Around 8percent of Romania’s forests are still in a very natural status. They are somehow the European equivalent of the Amazon forest. Thus they all deserve special protection,“ PRIMOFARO co-author Matthias Schickhofer underlines.

„Europe needs to act together to preserve the outstanding natural heritage of Romania. We expect that Romania respects international law and fully comply with Natura 2000 legislation: Natura 2000 protected natural forests on state property have to be protected by the governmental action immediately. Financial compensation, which must also be supported by the EU, is indispensable for private natural and virgin forest areas,“ Gabriel Schwaderer, Executive Director of EuroNatur Foundation says.

While the Romanian government kept conservationists busy with a bureaucratic burdens in conjunction with the ‚Virgin Forests Catalogue‘, 10.000s of hectares of natural forests in Natura 2000 sites and national parks were destroyed. EU legislation obliges us to protect all forests in good conservation status, not just a few virgin forest museums,“ Gabriel Paun, president of Agent Green explains.

EuroNatur Foundation and Agent Green call on the European Union and on Romania to take urgent action to save this „European equivalent of the Amazon natural forest“ and to ensure that Natura 2000 legislation is enforced in Romania. It was only on 10 September 2019 that EuroNatur, Agent Green and Client Earth submitted an EU complaint about systematic violations of EU forestry legislation by the Romanian state.

Background information

Link to the study: PRIMOFARO REPORT

The main results of the PRIMOFARO inventory:
– The analysis constitutes the biggest cluster of close-to-nature (old-growth and primary) forest in an EU country outside Scandinavia: 525,632 hectares of untouched or semi-natural forests, home to many strictly protected species.
– 332,844 hectares (63%) are located within Natura 2000 sites, 81,716 hectares of which are additionally protected as national parks. Even in these protected areas, natural forests are not safe from deforestation.
– However, only 116,589 hectares (or 55 percent) of the 2005 so called Pin Matra inventory still appear to be in an intact status.

Methodology of PRIMOFARO:
The PRIMOFARO digital map is based upon detailed visual analyses of satellite images, applying science based criteria to distinguish between natural forest stands and production forest. The analyses was calibrated by use of images of example areas and during several field visits (over the course of more than 2 years) and by data provision from partnering primary forest research projects (REMOTE project led by University of Prague and a forest mapping project led by Forsthochschule Rottenburg, financed by Deutsche Bundesstiftung Umwelt).

The findings were validated during several field trips and by an evaluation of PRIMOFARO digital maps against historical CORONA satellite images. CORONA are espionage images created by the US Army in the 1960ties. Only 2% of the initial data sets showed signs of logging in the 1960ties (roads logging areas). These polygons were excluded from the PRIMOFARO digital map.

So far, the Romanian forest protection program („Virgin Forest Catalogue“) almost exclusively is focused at protection of „virgin forests“, which are defined by rather strict identification criteria, laid down in Ministerial Orders. These criteria have been applied in a very restrictive way and the registration process is scandalously slow.,

This leds to exclusion of numerous natural and virgin and even many virgin forests of international importance are still unprotected and acutely threatened by logging.. As a result, a large number of primary forests with international significance are not protected and are under threat of logging.

In addition, the EU Nature Directives do not restrict conservation obligations to „virgin“ forests only. The Habitats and the Birds Directives bind EU member states of ensure avoidance of deterioration and degradation of habitats in good conservation status. Romania widely fails or implements this EU legislation.
Primary forests and old growth forests

The PRIMOFARO inventory identifies “primary forests” (according to the Romanian definition), but also „old growth forests“ which were probably influenced by humans in a very extensive way or long time ago. Both, old growth and primary forests harbor rich biodiversity (like: hermit beetles, alpine longhorn beetles, bats, woodpeckers, owls, capercaillies, bears, lynxes, etc.) and capture large amounts of carbon.

Use of historical declassified satellite images (US Army, CORONA, 1060-ties) to validate the PRIMOFARO digital map.
Fagaras Mountains region – the biggest cluster of old growth and primary forests in Romania.
Many important primary forests in Romania still lack any protection. Like the wild valley of Boia Mica – one of Europe’s most outstanding wild wonders.

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.