Table of contents 1 The main categories of instruments to counteract illegal activities in the forest sector 2. Marking of logging and timber (case study from Slovakia) 2.1 Marking of trees to be felled 2.2 Logging documentation 2.3 Labeling the timber 2.4 Documents of timber origin 3. Contrast actions and instruments (case study from Italy) 3.1 Contrast actions and instruments to “historical illegality� 3.2 Legislative framework 3.3 The forest police 3.4 The activity of the judicial police for the contrast of furtive and illegal cuts 3.5 Deeds of judicial police 3.6 Forest guard in Slovakia
1 The main categories of instruments to counteract illegal activities in the forest sector To prevent illegal logging in European conditions, practical measures more or less applied across the most of European counties may include: keeping proper forestry evidence related to timber harvest, timber transport and timber trade including all required documentation (e.g. consent of harvest, document of timber origin use reliable system of marking trees to be felled as well as logs (timber) to be stored, processed and transported, actions of forest guards or forest police, they cooperation with judicial police and subsequent legal actions. In addition to these practical ways applied in forest harvest and timber transpoprt, current legal and political initiatives to counteract illegal activities in the forest sector are structured around three prevalent ideas: trees tothe need to strengthen the existing legal and regulatory instruments, the opportunity to promote voluntary action in accordance with the principles of Corporate Social Responsibility (CSR) and finally the need/opportunity to operate with suitable financial instruments to reward good behaviors and penalize incorrect ones. In a cross manner with respect to these three guiding ideas, arises the integration of various instruments covering also the streamlining, updating and change of the referential legislative framework. Existing tools to combat and reduce illegality along the forest-wood chain, regulate the sector as a whole and stop companies and professionals who work illegally are various, but can be traced to following main types:
1. Practical measures traditionaly implemented within in forestry practice stated above such as keeping proper documentation, marking system for harvested trees and timber, actions of forest guards/forest police and subsequent legal actions. 2. Regulatory instruments including CITES convention (Convention on International Trade in Endangered Species of Wild Fauna and Flora, known also as Washington Convention), certain rules approved by OECD (Organization for Economic Co-operation and Development) and ITTO (International Tropical Timber Organization); international, regional and bipartisan agreements with Western commercial partners; national legislation to contrast the smuggling of stolen goods and money laundering related to illicit activities. 3. Voluntary instruments available to producers, companies and to the Civil Society (including private consumers, but also the Public Administration in the role of buyer of paper and wood based products): adoption of codes of good behavior, third party - or independent - certification of good forest management and of products traceability, or certification of social corporate responsibility, external auditing, environmental and social reporting, compensatory investments and purchasing policies by public authorities. 4. Financial instruments: ethical funds and investments, the regulation of customs of lending institutions and insurance companies involved in the financial brokering and in timber transport; as well as compensatory investments relative to COâ‚‚ fixation (in particular when realized in critical contexts like some tropical countries). 5. Integrated instruments: the program Forest Law Enforcement Governance and Trade (FLEGT) of the European Commission; the interventions and development cooperation projects in the agroforestry sector; the training, raising awareness and qualification of workers in the sector and of Civil Society itself, etc.
2. Marking of logging and timber (case study from Slovakia)
The Slovak legislation regulates marking of logging process. It includes marking of trees to be felled, labeling timber and documentation related with timber origin.
2.1 Marking of trees to be felled Trees to be felled are to be marked by certified forester or specialized forestry staff. If certified forester is not able do it by himself, he is obliged to check it before felling. In shelterwood cuttings, the forest regeneration area has to be marked by coloured diagonal stripe on the boundary trees on inner side of forest regeneration area (mostly applied by spray cans). Simultaneously, trees intended for felling are marked individually by coloured circle/spot with diameter at least 5 cm of the same colour like diadonal stripes on the boundary trees. These coloured spots have to be made at the stem in height of 130 cm from the ground (to be clearly visible for chainsaw operator during logging) and at the buttress (remaining after logging as an evidence).
Figures: Marking forest harvest in shelterwood cuttings: diagonal stripe on the boundary trees and a tree intended for felling marked by coloured spots on stem and buttress
In clearcuts, the forest regeneration area has to be marked by coloured "x"-sign on the boundary trees on inner side of clearcut area. These marked boundary trees may not be felled. Marking by white color is reserved for incidental felling (e.g. wind, snow and insects). White spots (at least 5 cm) have to be made at the stem in height of 130 cm from the ground and at the buttress (windfalls, stumps up to three meters high, dry trees without bark are not marked). Larger areas of incidental felling with needs of reforestation, are marked by white "x"-sign on the boundary trees on inner side of calamity area. These marked boundary trees may not be felled.
Figure: Larger areas of incidental felling are marked by white "x"-sign on the boundary trees
2.2 Logging documentation The consent of logging is an essential document that authorizes person to carry out logging in a forest. Logging can be performed only after marking the trees to be felled and with written consent issued by certified forester.
The consent of logging is registered document. There is information about the certified forester who issued consent of logging. In the consent there is presented information about forest stand, its marking, type of logging to be performed, tree species, number trees, volume of logging in m3 and the area in ha. In consent also contain name of the person who will be performing logging process.
2.3 Labeling the timber The certified forester or purchaser of wood is required to mark logged roud wood. This marking (labeling) have to be done before removal from the roadside place. Labeling can be performed by readable hallmark or other authorized mark (label) which is registered by the forest state authority.
Figures: Halmark and plastic labels
2.4 Documents of timber origin Documents of timber origin are proving origin of the transported or the stored timber. The document of origin of timber is specially registered under the registration number and contains information about forest management company, customer, timber transporter with an indication of the name of the driver, vehicle number or number of wagons for the transportation by rail. Start place and destination of transport are specified In the document, date of shipment and identification data about hallmark which was used for labeling transported timber. Data about transported timber include the name of species, number of each piece, length, diameter and volume in m3.
3. Contrast actions and instruments (case study from Italy) In the Italian forest sector there is a concentration in the supply of low value products (firewood) linked to forms of self-consumption or local consumption, in markets by their nature less transparent, more easily characterized by irregular work and informal transactions, in violation of tax laws and health and safety regulations. In the downstream supply-chain (forest-wood) the section with the higher risk of illegality for the dependence on foreign sources of supply is the wood-furniture one. Together with the evolution of the forest sector, also illegality phenomena in the last years have taken on new forms of expression, affecting emerging markets such as those related to ecosystem services (in primis, CO₂ fixation) and highlighting a considerable capacity in terms of diversification and plasticity.
3.1 Contrast actions and instruments to “historical illegality” The denomination “historical illegality” is referred to that forms of illegality far-back found in the territory and against which is exerted a good part of the investigation, prevention and contrast activity by competent authorities, in primis the State Forestry Corps (CFS). Three areas of illegality appear to be particularly relevant in Italy: (i) forest utilizations and firewood withdrawals (as well as biomasses for energy use broadly speaking); (ii) poaching; (iii) international trade of protected species (CITES). Forest cuts and firewood withdrawals Most of the offences in this field are of administrative nature. A bureaucratic simplification of administrative procedures, by the side of logging companies, to carry out the cut, could contribute to reduce this category of offences. The simplification of administrative procedures should necessarily result from the adaptation of the legislative and institutional framework (in many cases considered obsolete and anachronistic), to the changed environmental and socio-economic conditions of the Italian territorial context (hydrogeological constraint, grazing in the forest) and to the new scientific and technological knowledge). Complementary to what has been mentioned above, it is useful to draw attention to the need for strengthening control activities, already carried out by the competent authorities on the territory (in primis CFS), in the light of the increase in the crimes and offences connected to deforestation, theft and damaging of plants. It is also undeniable that control and monitoring actions on the side of inspection authorities can benefit from the improvement of the quality and quantity of data on withdrawals of firewood. Poaching For the high number of offences, the mobility of poachers, the predominant involvement of parks and protected areas, the strong economic interests, the link with racquet having a strong control of the territory in some areas (Sicily, Calabria and Campania), and also the dangerousness of the actions of contrast and control, the phenomenon of poaching is configured as one of the most complex forms of illegality and hardest to counteract in the forest sector. As for other types of offences, the first contrast activities should cover the strengthening of the means and resources available to the competent authorities to increase their presence ability and capillary control on the territory (in primis, CFS and other Police Corps). Trade of species of protected fauna and flora
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), approved in Washington in 1973, is currently ratified by 172 countries. The Convention regulates the trade of 30.000 species of flora and fauna properly identified within their annexes and envisages the establishment of a licensing system for authorizing their import, export and re-export. Any country that has ratified the Convention must designate a competent authority for the management of the licensing system (permits and certificates) and the enforcement of related controls and a scientific authority responsible for supervising on the effects of trade with regards to the condition of the concerned species. In Italy the competent authority for granting of re-export certificates is CFS, who is also responsible for CITES controls at Italian customs.
3.2 Legislative framework In Italy the Serpieri Act (1923) governs the forest sector at national level, while some of the responsibilities relating to agriculture and forests are allocated to the Regions by Heading V of the Constitution. The law also defines the regulations which still lay down the utilizations compatible with the protection of areas subject to hydro-geological constraints. The decree of January 15, 1972, number 11, transfers the state administrative functions relating to agriculture and forests to the Regions. The Galasso Law (Law 431 of 1985), later revised and included in the Environment Code (Legislative Decree 231 of 2001), introduced the "landscape constraint" which entails an authorization process for those procedures that can permanently change the outward appearance of forests. On July 7, 2011, the Council of Ministers approved a Legislative Decree for the implementation of EU Directive 2008/99/EC on the protection of the environment through criminal law. In this way, the obligation imposed by the EU to illegal behaviour against the environment is extended, legally punishing criminal conduct identified by the Directive and to date, not sanctioned as a criminal offence. In addition to this, criteria of liability of legal persons are introduced. Since 2000, the burning of forests is recognized by the legislature as an autonomous offence and not as simple aggravation. As for international law, we recall: the Convention on International Trade in Species of Wild Flora and Fauna Threatened with Extinction approved in Washington in 1973 and now ratified by 172 countries, the Forest Law Enforcement, Governance and Trade (FLEGT Action Plan) approved by the European Council in 2003, and the EU Timber Regulation (EUTR) of 2010 that opposes the trade in illegal timber in Europe.
3.3 The forest police The forest police can be defined as a section of the administrative police which safeguards and protects woods and forests in the strict sense and the environment in a broad sense, with the aim of guaranteeing their correct use for public purposes underlying hydrological, environmental, landscape and economic functions. In this area the State Forestry Corps (CFS) has always had a functional authority with specific reference to the institutional tasks of forest police. The “New Regulation of the State Forestry Corps”, Law 6 February, 2004. N.36, includes the tasks of environmental and forestry police, as well as that of judicial police, of public order and security and of civil protection entrusted to the Corps. The Law of the Home Office of April 28th 2006, concerning the “Reorganization of the specialist sections of the Police Forces” assigns to the Forestry Corps wide authority precisely in (i) prevention activities and contrast of environmental offenses, (ii) the protection of water and soil against pollution, (iii) landscape protection especially in areas of direct agro-forestry interest, (iv) repression of specific forms of pollution connected also to the cycle of waste and water, (v) the protection of forests and plant and animal biodiversity, (vi) in the implementation of national and international regulations, (vii) in monitoring of
natural protected areas, (viii) in food safety, (ix) in prevention and contrast of forest fires and (x) in monitoring and control of the territory. The investigation activity in the field of environmental, forestry and food crimes is carried out by the following structures: •
•
Investigative Headquarter of Forestry and Environmental Police (NICAF): carries out investigation activities at national level, surveys and scientific recovery and supports the investigation activities of NIPAF. Investigation Unit of Forestry and Environmental Police (NIPAF): carries out investigation activities at local level (especially provincial) and supports the judiciary Authority in the survey activities.
3.4 The activity of the judicial police for the contrast of furtive and illegal cuts The functions of the State Forestry Corps and the Regional Corps when dealing with investigations on illegal cuts and timber theft, is particularly delicate; they intervene with promptness on the events with the task of stopping the ongoing criminal activity and carry out the investigations, in order to detect and preserve all the essential elements for a detailed reconstruction of events and the identification of those responsible, unless caught in the act of committing the crime. Surveys will be developed through the analysis of available information data and the activity of the judicial police will be executed according to “investigation protocols”, based on diversifiable techniques and methodologies in relation to the concrete case, the dynamic and the causes of the crime.
Preliminary surveys and judicial police functions Preliminary surveys Judicial police activities are placed in the first stage of criminal proceedings, which is called the preliminary investigation stage. The preliminary investigation stage: has an investigation function; precedes the start of the out-and-out trial; is not useful to form acts having the force of proof (disregarding those exceptions), but serves the public prosecutor (PM) in making its determinations concerning the criminal exercise. Phases of the activity of the judicial police From a general point of view the investigation activity of judicial police can be distinguished in: 1. information activity; 2. investigation activity; 3. policy activity The information activity consist in the acquisition of the criminal record and in its communication to the public prosecutor (art. 347 c.p.p.). The judicial police has therefore a double duty: assume the knowledge of the crimes committed or that are in progress and reporting the crime report to the public prosecutor. The investigation activity consist in finding the sources of evidence and the identity of the offender. The investigation activity is carried out after the criminal record has been acquired and can move in various directions.
The policy activity consist in the process of what has been found by investigation activities (storage of the tracks related to the offense; requisition of the body of evidence and of the relevant things; capture of the offender).
3.5 Deeds of judicial police Arrest and preventive detention Mandatory arrest in flagrante (art. 380 c.p.p.) The officials and the judicial police officers make the arrest of anyone who is caught in the act of an intentional or attempted crime, for which the law prescribes life imprisonment or imprisonment not less than five years in the minimum and twenty years in the maximum. Even outside the cases provided for in clause 1, the officials and the judicial police officers make the arrest of anyone who is caught in the act of one of the following intentional crimes:
theft by housebreaking (art 625 1˚ co c.p.); theft by breaking and entering (art 625 2˚ co. c.p.); theft by cutting of plants (art 625 2˚ co. c.p.) theft of firewood operated by three or more people (art 625 5˚ co. c.p.)
Optional arrest in flagrante(art 381c.p.p.) The officials and the judicial police officers make the arrest of anyone who is caught in the act of an intentional or attempted crime, for which the law prescribes the penalty of detention larger than three years in the maximum, otherwise a culpable crime for which the law prescribes the penalty of detention not less than five years in the maximum. Some cases in which the arrest is allowed:
violence or threat to a public officer (art. 336 c.p.); resistance to a public officer (art. 337 c.p.); personal injury (art. 582 c.p.); simple theft with collection of wood or stacked logs (art. 624 – on private prosecution); aggravated damage to trees, shrubs and forests (art. 635 2˚ co. p. 5 c.p. – ex officio).
Denunciation on the loose on private prosecution In cases of simple theft (art. 624 e 62 4˚ co.) with collection of low-value wood (eg. dry wood) for a serious and urgent need. In the case of forest cuts performed in the absence of security authorization and without the consent of the owner of the forest, when it appears that the property is the injured party rather than being involved in the crime, it is certainly appropriate to submit these cases to the Judicial Authority: 1. Aggravated theft of wood, both as a theft has occurred through violence against property, either because the wooded area where wood was stolen is exposed, by necessity or by custom or by destination, to public faith and therefore falls within n. 7 of art. 625 c.p; 2. Aggravated damage, since this is abusive cutting of a forest (art. 625 c. 2 n. 5 c.p.).
3.6 Forest guard in Slovakia The forest guard is appointed by the frorestry state administration to protect of forest property – mainly prevent illegal logging, poaching, and ensure forest fires detection. Members of forest guard can be proposed by owner or forest manager. The member of Forest guard may be a person who has reached 18 years, legally competent, irreproachable and professionally qualified to perform this function, insured for liability for damage, passed the promise and registered in the list of members of forest guard, which leads the competent state authority. Forest guard patrols usualy consist from two local foresters and these patrols are usualy appointed out of working time (weekends, evenings) Professional qualification – Person who aspires to position of the forest guard will be verified by an examination the competent authority of the State forest management. Expenditures from employing forest guard, including the costs related with coercion equipment pays person who appointed member of the forest guard. A member of the forest guard is obliged • immediately notify the owner or forest manager about detected forest damage in the forest or if possible identify the person who caused the damage, • urgent carry out measures to eliminate or mitigate the consequences of the damage suffered in the forest, • cooperate with Police, municipal police and state authorities in solving violations of the law, • report crimes, contravention and other delinquency, contribute to their clarification and report suspicious person to competent authorities, • write official report about coercive measures if were used, immediately notify the state authority and Police, • provide assistance to the injured person Member of the forest guard is authorized to • carry out the investigation and control of a person, who make activities relating with forest in the forest, require its authorizations, statements, information, data and explanations, • control the relevant documents especially documents about the origin of timber, related records and identity card, • ascertain the identity of persons suspected of committing a crime. • claim the person to stop illegal activity, if there is a reasonable suspicion that the person committing the crime. if he fails to stop and if he cannot prove his identity, restrict its personal freedom and bring to a police station. • use technical instruments for documentation i.e. camera, video-and audio recorders, • request for assistance police or municipal police, if needed, • request for assistance everyone in case of imminent danger to life or health or property, • hold or carry a gun and ammunition in the performance of functions, if qualified to do, • weapon used in the case of self-defense or emergency, • use coercive means, • use a warning shot to avert large-scale damage, which directly threatens the forest property, safety of operation of forestry or other public interest, • enter to the forest property in given area, enter and stand by identified motor vehicle on forest roads and forest land, • stop motor vehicle on forest land, check authorization for vehicle entry to the forest land, especially if the motor vehicle is transporting timber and other forest products, Forest guard member is authorized to use these coercive measures a) grapples, punches, kicks and other self-defense,
b) weeping spray c) baton, d) bonds, e) specially trained dog, f) warning shot.
Figure: Forest guard in Poland
Figures: Tags on jacket and badge of forest guard member in Slovakia
Bibliography Palmieri N., 2012. Manuale Forestale – Volume II. Imago Editrice. Pettenella D., Florian D., Masiero M., Secco L., 2012. Actions and tools aimed at combating illegal activities in forest resource management in Italy: examples of best practices and guidelines. Summary of the report. SCORE project (Stop Crimes on Renewables and Environment) of the European Commission. Pettenella D., Florian D., Masiero M., Secco L., 2012. Azioni e strumenti di contrasto alle attività illegali nella gestione delle risosrse forestali in Italia: esempi di best practices e linee guida. Progetto SCORE (Stop Crimes on Renewables and Environment) of the European Commission.