Supervision and law-enforcement in forests in Slovakia Workshop on Forest Sector Institutional Reform in Georgia 5. – 6. Jun 2014 Ministry of Agriculture and Rural Development of the Slovak Republic Jozef Dóczy, Ph. D.

Fight against illegal logging, illegal timber trade as well as other illegal forest related activities

Responsible institutions: Ministry of Environment Institutional set-up to ensure successful supervision and law enforcement Responsible institutions:  Ministry of Agriculture and Rural Development Ministry of Environment Another responsible bodies:  Ministry of Economy  Police  Ministry of Finance / Customs 3

Ground plots are divided due to their character into the 10 types: Act No. 162/1995 on land registry and registration of ownership and other rights to real estate Ground plots are divided due to their character into the 10 types: cropland land with hop vineyard garden orchard permanent grassland forest land water area urban areas other areas

Fight against illegal logging, illegal timber trade and another illegal activities in forests Necessary means and resources (staff, expertise, infrastructure, budget, etc.) All staff must have special training and examinations State administration bodies state supervision in forests = BASIC TOOL for checking of legality of harvested timber District offices – land and forest department (in districts) – forest depatment (in regions) Ministry of Agriculture and Rural Development Forest manager - specialist forest management plans Forest guard rights and duties similar to forest police

Regions of Slovakia and locations of regional offices

Districts in Slovakia 80 district offices, approximately 190 employees in forestry for state supervision in forestry and hunting for 1 district min of two persons average acreage of 1 district: 750 km2

Fight against illegal logging, illegal timber trade - trees growing outside the forest State administration bodies responsible for trees growing outside the forests municipal offices – according their districts Slovak Environmental Inspectorate state supervision Slovak Environmental Agency management of protected areas District offices – environmental department (in districts) – environmental depatment (in regions) Ministry of Environment Nature protection guard rights similar to the forest guard

Bacic tool for legal felling Forest management plan (forest care program) with some exceptions: ,salvage or icidental felling, and modification of the FMP carried out by forest manager-specialist. Because FMP = measurements are only recomendations (reforestration, tending, forest protection), - except amount of timber prescribed for felling. 9

Two basic conditions to prove legal felling Felling may be performed only according FMP (with some exceptions) after: 1/ marking trees for felling and 2/ the written consent issued by a forest manager-specialist. Marking trees for felling is not required in forests with age to 50 years. The written consent shall be submitted on demand of following authorities: - State Forestry Administration, - member of the Forest Guard, - police. 10

Two conditions to prove the legal origin of harvested timber A forest manager or purchaser of timber are obliged: 1/ to mark harvested timber by gauge or in another manner registered by state administration body 2/ during the collection, transport and storage of timber to have the document of origin of harvested timber and keep related records.

Seizure and confiscation of illegal timber State body administration and forest guard member are entitled to seize the timber if its origin has not been proved; for the same reason it is a member of the police to entitled to confiscate the timber. Costs and harm caused by the seizure of unlabeled timber or timber without evidence of the origin, or timber in which the information given in the proof of the origin of timber coincide with actual state in forest is by the forest manager or purchaser of wood. The haulier og timber is obliged to transport the timber in such a way that the state body administrator, forest guard member or the police can control the entire cargo timber without any timber handling. Timber handling means unloading and loading timber on the ground for the purpose to make the control.

Regulation No. 297/2011 Coll. on forest management records Forest users are obliged to keep records related to felling and another work activities in forests. It consists of 2 parts: 1/ text with data, 2/ graphic – on the map.

Graphic evidence - directive No 297/2011 Coll. Silvicultural systems: shelterwood, clear felling, selection, purpose-oriented

How can conflicts of interests and corruption be avoided Forest owners or members of a common property – has to solve conflicts: among members on its own – make in ageement, ask forest administration –only if it in the competency, or in the court. In most cases it is about controling system and respect among people by tradition.

Fight against corruption of the staff of State Body Administration – when an employee of state administration body (even if there is only a suspect, people can report to the Authority, they observe): Anti-Corruption Office - as a part of the Police Presidium Government Office - Section control and the fight against corruption

Coordination between forest sector institutions and other responsible government agencies as well as public-private partnerships

Which government agencies should be involved. E. g Which government agencies should be involved? E.g. fraud office, financial/tax agencies, customs, police services etc. Ministries of: - Agriculture and Rural Development, - Environment, - Economy, - Finance Slovak Environmental Inspectorate Slovak Trade Inspection Customs

How could the coordination between concerned institutions/agencies be organised Competencies of competent authorities are given by the applicable laws or by a contract Commissions under responsible authotities: - members are named by the minister or a general director, examples: in the process of preparing an act, Commission on Biomass (Ministry of Agriculture), Commission on Bio-criminality (Police Presidium). Contract: National Forestry Centre, Forest protection service.

National Forestry Center State forest enterprises Which public-private partnerships could be helpful? E.g. forest administration, environemental NGOs B.3&4/4 With responsibility: National Forestry Center State forest enterprises Union of non-state forest owners Slovak forestry chamber Examples: windstorm – reporting, in legislative procedures - preparations of acts, reporting on pests. NGO – no responsibility, voluntary. 20

Specific obligations under the Deep and Comprehensive Free Trade Area DCFTA The agreement between the European Union and some former Soviet countries to form a free trade zone

Establishment of a control system (FLEGT) EU Timber Regulation No 995/2010 concerning the trade of wood and wood products from sustainable and legal forest management (EUTR - applied since 03.03.2013) COMMISSION IMPLEMENTING REGULATION (EU) No 607/2012 of 6 July 2012 on the detailed rules concerning the due diligence system and the frequency and nature of the checks on monitoring organisations as provided for in Regulation (EU) No 995/2010 of the European Parliament and of the Council laying down the obligations of operators who place timber and timber products on the market COUNCIL REGULATION (EC) No 2173/2005 of 20 December 2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community

Council Regulation (EC) No 2173/2005 on the establishment of a FLEGT licensing scheme for imports of timber into the European Community Timber products exported from countries that have concluded a Voluntary Partnership Agreement (VPA) must be covered by a FLEGT licence issued at the Patrner Country assuring the legality of the timber. Also timber products produced from domestic timber that was legally harvested or from timber that was legally harvested in a third country and imported into the Patrner Country in accordance with national laws in the country of harvest have to have FLEGT licence. It is fully in the competence of the Customs. But also if they need the verification of the shipment documentation they may ask the Ministry. We are still in the process of setting rules and ways how to establish cooperation and provide such verification.

Coordination between concerned institutions Competencies of Competent Authorities and Customs are given by the applicable laws EUTR gives some new responsibilities for Customs and Slovak Trade Inspection which they do not have by their respective laws We need to have an agreement on the cooperation – we are still in the process of identifying and making the agreement, - also problems becouse of too many small owners 24

EU Timber Regulation No 995/2010 concerning the trade of wood and wood products from sustainable and legal forest management (EUTR) Only operators that place timber and timber products on the internal market for the first time are the subject to the due diligence system, while a trader in the supply chain is required to provide basic information on its supplier and its buyer to enable the traceability of timber and timber products. The main part of obligations we have had implemented in our Act on Forests and Act on Nature Protection in the time when it came into the force - 03.03.2013.

EU Timber Regulation No 995/2010 concerning the trade of wood and wood products from sustainable and legal forest management (EUTR) Operators: forest managers, persons who have the right for logging by buying standing timber, other persons placing timber growing outside the forest on the market. Competent authorities = ministries with regional officies, Slovak Environmental Inspectorate, Slovak Trade Inspection, Customs

Due diligence system in the biggest state enterprise LESY Slovenskej republiky Despite the fact that about the procedures of the DDS still remains some uncentainty, using the precautionary principle, 04.03.2013 was released The Directive LV015 „Due diligence system on timber placed on the market for the first time." The directive externally for business partners and relevant authorities describes documents which provide information on the supply of wood and production and documents evidencing compliance with the legislation. Internally, for managers and operational staff, provides a comprehensive overview of current legislation and implementing corporate standards related to the processing of wood, resulting documentation and the place where the documentation is storaged.

Documents proving compliance with the EUTR The forest management plan Consent to harvest timber General mandatory conditions for carrying out forestry activities in compliance with the terms of the forest enterprise Order sheet to carry out harvesting Framework Agreement Permission for timber transport and processing Growing Stock Overview Analytical records of property and responsibilities

Advantages of FSC or PEFC certification Independent certification systems that are not linked to each other Participation of forest owners or managers in certification is voluntary Harvested timber and products made from it may be labelled by logo In relation to EUTR can only serve as additional and supporting tools Certification schemes can not replace the system of controls provided by authorities, including sanctions for violation.

Thank you!