0721

Authorisation procedure and Trade Register aspects for CAEN 0721

For registering the activity of mining uranium and thorium ores (CAEN code 0721) with the Trade Register (ONRC), the company is established in accordance with Law 31/1990, specifying the main object of activity. When submitting the file, besides the standard documents, prior approvals from the National Agency for Mineral Resources (ANRM) and the National Commission for Nuclear Activities Control (CNCAN) must be presented. Additionally, an economic operator certificate for radioactive substances issued by CNCAN under Law 111/1996 is required. For authorised natural persons or sole proprietorships, this CAEN class is prohibited, as the activity involves the exploitation of mineral resources of national interest, reserved exclusively for commercial companies with minimum capital and an exploitation licence. At the Trade Register, a sworn declaration according to Law 359/2004 must be completed, specifying the fulfilment of legal conditions for carrying out nuclear activities. Any subsequent changes to the registered office or secondary objects must be notified to the Trade Register and reported to CNCAN.

Regulatory framework, specific approvals and control institutions

The activity under CAEN 0721 is governed by the Mining Law 85/2003, the Nuclear Energy Law 111/1996, and CNCAN regulations. To commence extraction works, it is mandatory to obtain an exploitation licence from ANRM and a nuclear security authorisation from CNCAN. The latter involves impact studies, radioactive waste management plans, and radiological monitoring systems. Additionally, an opinion from the Environmental Protection Agency (APM) is required for the Zonal Urban Plan and the environmental impact assessment. Periodic inspections are carried out by the National Environmental Guard, ISU, and CNCAN, including regarding the transport and storage of ores. Operators must report annually the physical stock, production, and sales to ANRM and CNCAN. Non-compliance with the approvals leads to suspension of the authorisation and fines of up to RON 100,000.

Tax management, ANAF audit risk and specific accounting

From a fiscal perspective, CAEN 0721 falls under the Fiscal Code regarding the tax on income from mining activities (Art. 291) and the mining royalty (Law 256/2002). The royalty for uranium and thorium is 4% of the production value, payable quarterly to the state budget. Also, an excise duty for radioactive substances applies under the Fiscal Code (Art. 369). When registering as a VAT payer, the operator must request a special VAT code for operations with gold, uranium, etc. ANAF may initiate a tax audit at the exploitation site, targeting the correct classification of extraction costs, deduction of royalty expenses, and management of ore stocks. For accounting, the specific regulations for extractive activities (OMF 1802/2014) apply, with separate tracking of exploration, development, and production costs. When completing the single declaration (D212), income from the sale of ores is reported under the category 'extraction and preparation of uranium'. Failure to meet royalty payment deadlines or failure to submit reports to CNCAN results in fines and the possibility of suspension of the exploitation licence. The major fiscal risk consists of underreporting extracted production to pay less royalty – a situation frequently checked by ANAF in collaboration with ANRM.