EFSOS
EUROPEAN FOREST SECTOR OUTLOOK STUDIES
ETUDES DES PERSPECTIVES DU SECTEUR FORESTIER EN EUROPE
ИССЛЕДОВАНИЯ ПЕРСПЕКТИВ ЛЕСНОГО СЕКТОРА ЕВРОПЫ
Draft Project proposal:
"Common rules in forest related
legislation of European countries"
Item 13.1
This paper describes an EFSOS study project, which aims to analyse European forest
related legislation. The main aim of the study is to identify existing basic common rules in
national legislations. Furthermore, the aim is to analyse the major changes which have
taken place in forest and forest related legislation in Europe in recent years. The working
hypothesis is that notable similarities exist between legislation in different countries. The
recognition of the common rules and major changes could give an impact to the
international policy dialog, by strengthening the position of forestry in its relationship to
other policy areas and also having an impact on the current defensive position of forest
sector in policy discussions.
The draft proposal describes objectives and background of the study, current feature of
forest related laws in Europe and expected outcomes of the study. It shows also the
necessary resources and possible deadlines for implementation.
UN-Economic
Commission for
Europe
United Nations / Economic Commission for Europe / Trade Division / Timber Section
Palais des Nations, CH-1211 Geneva 10, Switzerland, Fax: +41-22-9170041
http://www.unece.org/trade/timber/efsos
Section Chief: Christopher Prins, Phone: +41-22-9172874, Email: [email protected], office 456
Responsible Forestry Officer: Volker Sasse, Phone: +41-22-9171637, Email: [email protected], office 435
Technical Assistant: Isabelle Hay, Phone +41-22-9171172, Email: [email protected], office 435-2
Food and
Agriculture
Organization
1 Background
Forests support one of the key industries in Europe, but provide also other services and benefits,
which are significant but not so easily measured in monetary terms. The direct contributions to
income and employment are highest in the Nordic countries, but gaining emerging importance also
in Central and Eastern European countries in transition.
Forests have also several significant environmental advantages compared to other forms of landuses. They prevent erosion and flooding and provide renewable energy, they function as carbon
sinks promoting slowing down of the global warming and they have an important role in
biodiversity protection. For the public some of the most important benefits provided by forests are
recreational opportunities, which create external benefits to society as a whole contributing to
national health. Public access to the forests has to be seen as an important source of equity in the
society.
However, despite the large impact on many sectors in the society, forestry is still a rather weak
actor on the policy scene. In European Union forestry has been dealt as a part of agricultural policy
and no uniform forest policy exists. Current forest policy activities on the international level are
mainly focused on policy issues “internal” to forestry. At the moment the forest sector faces an
increasing amount of claims for the changes needed in its actions. However, less emphasis is given
to the vital benefits provided by the forests and to the huge development of legislation in the recent
years. Forestry seems to be losing permanently authority in policy discussion and is often in
defensive position in discussions.
In the past 10 years the development of forestry legislation in Europe has been extremely dynamic,
mainly as a consequence of the profound shift in attitudes associated with The Earth Summit
(UNCED) in 1992. Major improvements have taken place, which are relevant not only for
multifunction forestry management, but are important to society as whole. Biodiversity protection,
nature and landscape conservation and rural development have been considered in a totally new
way also in forest legislation. However, depending on traditions, natural factors and the importance
of forests recognised by society, the contents of the legislation effecting forestry differs between
countries. In particular in the Nordic Countries the forest sector is an important element of national
economies. In the countries in transition forestry plays an important role, contributing with a cheap,
easily accessible resource to the overall economic development. In Mediterranean countries the
threats from forest fires are significant. In addition the legislation form also varies widely between
countries. Nevertheless, in spite of the differences, there are certain common ground rules in the
relationship between forestry and society.
Forest related legislations are scattered increasingly into many fields, such as agricultural,
environment and social issues. In some cases the common practises are not even written, but are
based on unwritten codes and common habits. However, there exist also notable similarities in
basic legislation. For example obligation for sustainable management of forests, including e.g.
reafforestation after regeneration felling and conservation of forest biodiversity, is written down to
forestry laws of Finland, Estonia and Denmark. Forest legislations of Portugal, Germany and
Norway include obligation for participatory process in forest planning or in formulation of forest
policy. Forestry laws of Austria, Finland and Slovenia describe the protective purposes of forests
and give some rules for their maintenance.
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Analysis of the differences and weaknesses of the forest sector is essential, but even more emphasis
should be given to identifying existing positive impacts of the forestry and forests, on the existence
of basic legislation guaranteeing the future availability of the benefits and also to the dynamic
process, which has recently taken place. Similar baselines in forest legislation across countries
could significantly promote the recognition of the forest benefits and accelerate the realisation of
the benefits, among which many benefits well exceed the national borders. Knowledge of the
existing similarities could give an impact and strengthen the process of international agreements
and policy discussion.
2. Experiences
Common trends in forestry legislation in Europe have earlier been studied e.g. by Schmithüsen
(2000), Cirelli (1999) and Cirelli and Schmithüsen (2000). The study by Cirelli and Schmithüsen
(2000) discusses the recent trends in forestry legislation in Western Europe. Several common
trends could be found, e.g. emphasis placed on multiple-use management strategies, biodiversity
conservation, close-to-nature silvicultural techniques and public participation. The study by Cirelli
(1999) discusses the trends in forestry legislation in Central and Eastern Europe. The studies give a
good overall view of the recent trends in legislation. However, they mainly concentrate on the basic
forestry legislation or discuss the general trends in forest related legislation. More general analysis
of the forest policy tools have been done e.g. by Le Master (1999) and Le Master and Owubah
(2000).
Some parts of the forestry legislation from all over the world in the original language or also in
English, is readily available in the FAO database (www.fao.org/forestry/fo/country/nav_world.jsp).
In addition to FAO the European Forest Institute also has a database including forest legislation of
several European countries. The EFI database is available in Internet (www.efi.fi/efidas). Existing
contact network of UNECE to national policy-makers will significantly ease the collection of the
needed forest related laws, but what is most important, also to help to direct the study to issues seen
most important from the point of view of policy-makers.
3. Objectives
The main aim of the study is to analyse the forest and forest related laws in European countries to
find out if there exist common rules in issues with importance to society and what is the concept of
these rules. Furthermore, emphasis will be given to dynamic development of forest legislation in
Europe in the recent years, which has led to more complete inclusion of the all aspects of
sustainability to the practice of the forest sector. The working hypothesis is that notable basic
similarities exist in the legislation. As other policy areas, as for example, environment and land use
policies, are increasingly dealing with forest sector issues, a wider context than only forest
legislation is needed to be analysed in order to get an overall view about common rules.
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In a certain sense “abstract” issues could be easily found in various legislations (e.g. statements
about sustainability). The problem is that the interpretation may vary between the countries and
therefore it is rather difficult to reach a common view. Because of that the current study will start to
focus on rather basic, quantitative rules as for example
 reafforestation after regeneration felling
 special permission procedures for changes in land use (e.g. from forestry to other land uses)
 special permissions needed for felling and conditions to be fulfilled before felling
 rules for the management of forests with protective purposes
 public access to the forests and right to consume non-wood forest products
The outcomes of this project could set a signal to the forest sector related policies strengthening the
forest sector policy in its relationship to other policy areas and in a broader context getting over the
current defensive position of forest sector in forest policy discussions. Instead of analysing the
weaknesses and differences in the actions of the sector, the emphasis is given to major changes
which have already taken place in legislation, to vital benefits provided by forests and, most
importantly, how their future availability is guaranteed in the existing forest related legislation. The
results of the study can be further used in forest sector policy decision-making and in the
international dialogue.
4. Activities and outcomes
The outcome of the project will be a compilation of basic rules common or at least similar in forest
related legislations in European countries as a base for further strengthening of the policy position
of forest sector and a contribution to the international policy dialog on forest issues.
The analysis will consist of the following steps:

Initial meeting of a core group of policy experts

Literature search of the previous studies

Inquiry to national forest sector policy experts of the common ground rules and major
changes in legislation

Selection of key countries for the analysis, on the basis of geographical location, extent of
forest resources and the role of forests in the country

Collection of forest related legislations using the ECE information network and translating
them, when needed

Analysis of the laws

Meeting of the expert group to discuss of the findings

Report describing the main findings

Workshop with forest sector policy experts to discuss the political value of the study
outcomes
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5. Resources
For the carrying out the study 2 man-months of a senior forest sector policy specialists will be
needed, supervising a junior forestry specialist in his work for about 10 man-month. The
infrastructure, project coordination etc. could be provided by UNECE. In addition resources are
needed for literature purchases, layout and publishing of the final report.
To costs of the study are therefore expected to be as follows:
2 man-month senior professional staff
10 man-month junior professional staff
Travel for working meetings (expert group)
Workshop (e.g. travel costs for experts from Eastern Europe)
Facilities (computer etc.)
Project coordination *
Literature purchases
Infrastructure *
Layout and publishing of the report *
Other
Total project costs
*contribution by UNECE infrastructure
Outside project expenses
+ 13 % overhead (in case of budgeting via UNECE trust fund)
Donation needed for the project
9,000 US$
35,000 US$
12,000 US$
12,000 US$
4,000 US$
5,000 US$
2,000 US$
6,500 US$
3,500 US$
2,000 US$
91,000 US$
15,000 US$
76,000 US$
9,880 US$
85,880 US$
6. Schedule
Month after beginning of the project
Planned activities
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Initial meeting of a core group of policy experts
Literature search of the previous studies
Elaborating a working hypothesis (inquiry)
Collecting forest related laws in selected
countries
Translation of laws
Analysis of the laws
Meeting of the expert group
Study report
Workshop
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3
4
5
6
7
8
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References:
Cirelli, M. 1999. Trends in forestry legislation: Central and Eastern Europe. FAO legal papers
online, nr. 2. 24 p.
Cirelli, M. and Schmithüsen, F. 2000. Trends in forestry legislation: Western Europe. FAO legal
papers online, nr.10. 35 p.
Le Master, D.C. 1999. Forest legislation in constitutional states: An American perspective on forest
policy tools. In: Schmithüsen, F., Herbst, P. Le Master, D.C. (eds.): Experiences with new forest
and environmental laws in European countries with economies in transition. Forstwissenschaftliche
Beiträge der Professur Forstpolitik und Forstökonomie, Nr. 21; ETH, Zürich. Pp. 31- 40.
Le Master, D.C and Owubah, C.E. 2000. Nation states and forest tenures – an assessment of forest
policy tools in Eastern European countries. In: Schmithüsen, F., Iselin, G., Herbst, P. (eds.):
Challenges in implementing forest and environmental legislation in European countries with
economies in transition. Forstwissenschaftliche Beiträge der Professur Forstpolitik und
Forstökonomie, Nr. 23; ETH, Zürich. Pp. 1-11.
Schmithüsen, F. 2000. The expanding framework of law and public policies governing sustainable
uses and management in European forests. In: Schmithüsen, F., Herbst, P. Le Master, D.C. (eds.):
Forging a new framework for sustainable forestry – recent developments in European forest law.
IUFRO World Series Volume 10: 1-27. IUFRO, Secretariat, Vienna.
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