PROTECŢIA ARBORILOR REMARCABILI, ÎN CONTEXTUL ADOPTĂRII NORMELOR DE APLICARE A PREVEDERILOR LEGII NR. 97/2023 PRIVIND PROTECŢIA ARBORILOR REMARCABILI, A METODOLOGIEI ŞI A CUANTUMULUI DESPĂGUBIRILOR PENTRU ARBORII REMARCABILI ÎNREGISTRAŢI ÎN CATALOG
PROTECTION OF REMARKABLE TREES, IN THE CONTEXT OF THE ADOPTION OF THE IMPLEMENTING NORMS FOR THE PROVISIONS OF LAW NO. 97/2023 REGARDING THE PROTECTION OF REMARKABLE TREES, AS WELL AS THE METHODOLOGY AND COMPENSATION AMOUNTS FOR REMARKABLE TREES LIST

Summary/Abstract: Abstract: Against the broader backdrop of recent developments in environmental protection, the author critically analyzes the implementing regulations for Law No. 97/2023 regarding the protection of remarkable trees – specifically concerning the methodology and the amount of compensation for remarkable trees listed in the Catalogue of Remarkable Trees. These regulations – the deadline for whose drafting and publication was 30 days following the law's entry into force [author's note: April 21, 2023] – were recently approved via the Joint Order of the Minister of Environment, Waters and Forests, the Minister of Development, Public Works and Administration, and the Minister of Agriculture and Rural Development No. 1048/644/175/2026 (Official Gazette No. 476 of June 8, 2026). Beyond a series of imprecise expressions, the author highlights a number of provisions that are clearly inconsistent with Law no. 97/2023, rendering them liable to annulment on grounds of illegality at the request of interested parties. A need has been identified to supplement the provisions of the Norms regarding collaboration agreements for the identification and inventory of remarkable trees – specifically concerning the onerous or non onerous nature of the legal instrument and the rights and obligations of the parties, with the most suitable approach being the drafting of a framework contract to serve as an annex to the relevant legislation (a similar proposal also applies to the compensation agreement contract, currently only briefly regulated by Art. 12, paragraphs (5) and (6) of the Norms). Furthermore, there is a need to amend and supplement existing Romanian legal provisions regarding land registration and succession—placing particular emphasis on documents issued by local public administration authorities used in notarial or judicial succession proceedings, as well as on the obligations incumbent upon local public administration authorities, public notaries, and courts of law to ensure the prompt notification of National Agency for the Environment and Protected Areas regarding any legal changes affecting the status of the tree or the transfer of ownership of the land on which it is located. A number of criticisms target the content of the application for approval of marking for felling – regulated by Article 8 of the Norms – and the application for compensation – regulated by Article 12 of the Norms – specifically regarding their content and the glaring confusion between the content of the application itself and the documents attached thereto. Without advocating for excessive reliance on administrative sanctions, the author believes that safeguarding the social values associated with tree protection requires imposing administrative or criminal penalties for a much wider range of acts than those envisaged when Law no. 97/2023 was drafted, as well as expanding the list of officials authorized to establish such violations; to this end, the author puts forward several proposals throughout the text.

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