0892

Authorization Procedure and Trade Register Aspects for CAEN 0892

For registering with the Trade Register (ONRC) the activity CAEN 0892 - Peat Extraction, the company must submit the standard application, the updated constitutive act, and the affidavit according to Law 359/2004 regarding the authorization of operation. The affidavit states that the main object of activity is peat extraction, and the registered office must be appropriate in terms of location (typically in peat extraction areas). The administrator and associates must have no tax record. If the activity involves specific machinery (excavators, bulldozers, screens) owned or leased, these must be declared to the Trade Register (ONRC) as tangible assets. The processing time is 1-3 working days, and the registration fee is 200 lei (in 2025). After registration, a certificate of attestation is requested, which confirms the CAEN 0892 code, necessary for opening a bank account and obtaining environmental permits.

Regulatory Framework, Specific Endorsements, and Control Institutions

Tax Authority (ANAF) and Environmental Guard are the main control institutions. Peat extraction is regulated by Mining Law no. 85/2003 (useful mineral resources) and Water Law no. 107/1996 (drainage, dewatering). Peat exploitation is subject to the environmental agreement regime issued by the Environmental Protection Agency (APM), based on an exploitation plan that includes the assessment of impact on peatland ecosystems. A water management permit from the National Administration "Romanian Waters" is required for water abstraction or wastewater discharge. Additionally, a permit from the National Agency for Mineral Resources (ANRM) is required for the concession of the exploitation perimeter (through an exploitation license). Peat transport is carried out according to GEO 195/2002 on public road traffic; machinery must be registered and undergo periodic technical inspection (ITP). Periodic checks by the Environmental Guard monitor compliance with the land rehabilitation plan after exploitation. Non-compliance with permits leads to suspension of activity and fines of up to 100,000 lei.

Tax Management, ANAF Audit Risk, and Specific Accounting

From a tax perspective, the Fiscal Code treats peat extraction as a production activity, subject to corporate income tax of 16% or microenterprise income tax (1% for turnover under 500,000 euros, provided it does not engage in banking, insurance, etc.). The tax base is income from the sale of peat, minus extraction expenses (fuel, labor, machinery depreciation). The fiscal vector is completed with CAEN code 0892 in the Tax Authority (ANAF) single register. The main audit risk of ANAF consists of underreporting extracted quantities or lack of invoicing through the RO e-Factura system (mandatory from 2024). Accounting must separately record stocks of extracted peat (according to OMFP 1802/2014) and depreciate machinery over their useful life (typically 5-10 years). Expenses with the mining royalty (due to ANRM) are recorded based on the monthly declaration. The audit risk increases if transport is not justified or if there are no valorization contracts. It is recommended to prepare monthly production reports and reconcile with stocks. The annual corporate income tax return must be accompanied by the fixed assets sheet and a summary of revenues/costs by distinct activities. For microenterprises, the single declaration is filed annually by May 25.