0322

Authorisation procedure and Trade Register aspects for CAEN 0322

Code CAEN 0322, freshwater aquaculture, is registered with the Trade Register (ONRC) based on a sworn declaration in accordance with Law 359/2004. Feasibility studies are not required at the time of registration, however, for operation it is necessary to obtain the environmental permit and the aquaculture licence from the National Agency for Fisheries and Aquaculture (ANPA). At the Trade Register, the main activity object is completed with code CAEN 0322 and the standard constitutive documents are submitted. For limited liability companies (SRLs) the minimum share capital threshold (50 lei) applies, but for aquaculture a more consistent capital is recommended for investments in basins and aeration systems.

Regulatory framework, specific approvals and control institutions

Freshwater aquaculture is regulated by Government Emergency Ordinance (OUG) 23/2008 on fishing and aquaculture, supplemented by Law 107/1996 on waters. The main control institutions are: ANPA (authorisation and technical inspections), the Environmental Guard (compliance with pollution norms), the Tax Authority (ANAF) (through tax audits and verification of the fiscal vector) and the Sanitary Veterinary Directorate (DSV) for the hygiene of piscicultural products. Obtaining the environmental permit from the Environmental Protection Agency (APM) and the water management approval from Apele Române is mandatory. The lack of these approvals results in the suspension of activity and substantial fines (up to 50,000 lei according to OUG 195/2005).

Fiscal management, ANAF audit risk and specific accounting

Accounting for CAEN 0322 is carried out in accordance with Romanian accounting regulations (OMFP 1802/2014). Income from the sale of live fish is recorded at the date of delivery, and costs include feed, veterinary medicines and depreciation of installations. VAT on deliveries of live fish applies the standard rate (19%) or the reduced rate (9%) if processed fish (fillets, smoked) is delivered. The tax base is established according to the Fiscal Code, and for small producers the income taxation system may apply if annual income does not exceed 500,000 euro. ANAF frequently targets aquaculture due to the risk of underdeclaration of production and the use of intra-Community acquisitions without correct declarations. Issuing invoices through the RO e-Factura system is mandatory from 1 January 2024. For personnel, the single declaration is submitted to ANAF (income tax and social contributions). Expert recommendation: keep strict records of production and inputs to avoid tax reassessments.