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Authorization procedure and Trade Register aspects for CAEN 0321

Setting up a company that carries out marine aquaculture activities (CAEN code 0321) involves going through the standard registration stages at the Trade Register (ONRC), but with particularities due to the specific nature of the field. When submitting the registration application, a sworn declaration according to Law 359/2004 is completed, through which the administrator attests to meeting the legal conditions for operation. In the case of CAEN 0321, it is mandatory to obtain prior environmental authorization or environmental agreement, as well as the concession/permit for the use of the marine space issued by the National Agency for Fisheries and Aquaculture (ANPA). At the Trade Register, “Marine aquaculture” will be mentioned as the main activity, and in the fiscal vector, CAEN code 0321 will be declared, specifying that it is not subject to veterinary sanitary authorization unless further processing is carried out. The verification at the Trade Register only concerns the legality of the constitutive documents, not the specific permits, but we recommend obtaining them before registration to avoid delays.

Regulatory framework, specific permits and control institutions

Marine aquaculture is carried out under the provisions of Government Emergency Ordinance 23/2008 on fisheries and aquaculture, as subsequently amended, and Law no. 17/1990 on the regime of inland maritime waters. The operating permit is requested from ANPA, which verifies compliance with the conditions for exploiting living aquatic resources. Also, an environmental authorization issued by the territorial Environmental Protection Agency (APM) is required, together with an impact study or environmental balance, as the case may be. If the activity involves ships or floating platforms, the rules of the Romanian Naval Authority (ANR) also apply. Current control is exercised by ANPA and the Environmental Guard, and non-compliance with the authorization conditions attracts fines between 10,000 and 50,000 lei, according to art. 65 of GEO 23/2008. We recommend consulting a lawyer specialized in commercial law for drafting marine concession contracts and for assistance in relations with local institutions.

Tax management, ANAF audit risk and specific accounting

From a fiscal point of view, revenues from marine aquaculture are classified as agricultural activities, with the possibility of applying the VAT on collection system and the facilities for the primary sector (reduced rate of 9% for the supply of live fish). VAT registration is done at the Tax Authority (ANAF), with the obligation to submit declarations 300, 390 and 394, depending on the threshold. Corporate income tax is calculated according to the Fiscal Code, and expenses with the salaries of navigational personnel benefit from additional deductions provided by art. 68^1. The ANAF audit risk is moderate, focusing on verifying the reality of operations and compliance with the concession conditions. Accounting must separately reflect production costs (feed, medicines, marine leases) and biological assets (fish, molluscs), according to IAS 41 – Agriculture. It is recommended to prepare a monthly trial balance and keep supporting documents for at least 10 years. For tax optimization, consult a senior tax consultant with experience in the aquaculture field.