Law of Ukraine

“On Ratification of the Protocol on Sustainable Forest Management to the Framework Convention on Protection and Sustainable Development of the Carpathians”

Date of entry into force:
November 16, 2012

The Framework Convention on Protection and Sustainable Development of the Carpathians was ratified by the Law of Ukraine N 1672-IV of April 7, 2004.

The Protocol on Sustainable Forest Management to the Framework Convention on Protection and Sustainable Development of the Carpathians (hereinafter referred to as “Protocol”) was signed on May 27, 2011 in Bratislava.

The Law ratifies the Protocol.

According to Article 1 of the Protocol, its objective is to promote the sustainable management and protection of Carpathian forests, bringing benefits to present and future generations. In order to achieve the above objective, the Parties shall carry out activities and cooperate on:
  • maintaining or enlarging forest cover:
  • ensuring the productive functions of the forests and their role in rural development:
  • promoting the sound use of wood as an environmental friendly and renewable material:
  • promoting the sustainable use of non-wood forest products:
  • improving the health and vitality of the forests:
  • improving the conservation and sustainable use of components of forest biological diversity:
  • identification and protection of natural, especially virgin forests:
  • promoting the restoration of close to nature forests:
  • enhancing the role of the forest-based sector in mitigating climate change:
  • improving the protective forest functions such as preventing floods, landslides and in general water cycle regulation:
  • promoting the cultural heritage of the forests:
  • enhancing the social functions of the forests:
  • promoting the participation of regional and local authorities and communities in forest management:
  • identifying, developing and applying appropriate schemes for payment for environmental goods and services provided by forests:
  • strengthening the governance of the forestry sector and enforcing forest law with particular attention to combating illegal logging and associated trade:
  • identification, development and implementation of best practices in forest management and close to nature forestry:
  • promoting and coordinating scientific research and information exchange on Carpathian forests.

The nature of the above specific measures is described in Chapter III of the Protocol.

The Parties shall develop and implement policies and strategies in their national territory aiming at sustainable management of the Carpathians forests while taking into consideration policies and strategies developed and implemented by other Parties. For this purpose the Parties shall exchange relevant information with other Parties (Article 2 of the Protocol).

Article 6 of the Protocol envisages that the Protocol applies to the Carpathian region as defined by the Conference of the Parties to the Carpathian Convention. Each Party may extend the application of the Protocol to additional parts of its national territory by making a declaration to the Depositary.

Each Party shall undertake necessary legal and administrative measures for ensuring implementation of the provisions of the Protocol. Each Party shall explore the possibilities of supporting, through fiscal and/or financial measures, implementation of the provisions of the Protocol. The Parties shall develop and adopt the Strategic Action Plan targeted on implementation of the Protocol (Article 20 of the Protocol).

According to Article 22 of the Protocol, the Conference of the Parties of the Carpathian Convention shall serve as the meeting of the Parties to the Protocol. The Parties to the Carpathian Convention that are not Parties to the Protocol may participate as observers in the Conference of the Parties serving as the meeting of the Parties to the Protocol. When the Conference of the Parties serves as the meeting of the Parties to the Protocol, decisions under the Protocol shall be taken only by those that are Parties to it. When the Conference of the Parties serves as the meeting of the Parties to the Protocol, any member of the bureau of the Conference of the Parties representing a Party to the Carpathian Convention but, at that time, not a Party to the Protocol, shall be substituted by a member to be elected by and from among the Parties to the Protocol. The Conference of the Parties serving as the meeting of the Parties to the Protocol shall make, within its mandate, the decisions necessary to promote its effective implementation. It shall perform the functions assigned to it by the Protocol and shall:
  • make recommendations on any matters necessary for the implementation of the Protocol;
  • establish such subsidiary bodies as are deemed necessary for the implementation of the  Protocol;
  • consider and adopt, as required, amendments to the Protocol that are deemed necessary for the implementation of the Protocol; and
  • exercise such other functions as may be required for the implementation of the Protocol.

Any subsidiary body established by or under the Carpathian Convention may, upon a decision by the Conference of the Parties serving as the meeting of the Parties to the Protocol, serve the Protocol, in which case the meeting of the Parties shall specify which functions that body shall exercise. Parties to the Carpathian Convention that are not Parties to the Protocol may participate as observers in the meetings of any such subsidiary bodies. When a subsidiary body of the Carpathian Convention serves as a subsidiary body to the Protocol, decisions under the Protocol shall be taken only by the Parties to the Protocol (Article 24 of the Protocol).

Article 25 of the Protocol regulates the monitoring of compliance with obligations.

The Parties shall regularly examine and evaluate the effectiveness of the provisions of the Protocol. The Conference of the Parties may consider the adoption of appropriate amendments to the Protocol where necessary in order to achieve its objectives (Article 26 of the Protocol).

The Law aims to implement the Framework Convention on Protection and Sustainable Development of the Carpathians.
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