0893

Authorization procedure and Trade Register aspects for CAEN 0893

A company wishing to carry out activities classified under CAEN 0893 - Extraction of salt must go through a complex authorization process at the Trade Register (ONRC). The company's incorporation is done in accordance with Law 31/1990, and at registration, a declaration on own responsibility is submitted according to Law 359/2004, by which the administrator declares the fulfillment of legal conditions for carrying out the activity. However, for this CAEN code, the operating authorization cannot be obtained solely based on a declaration, requiring prior approvals from the National Agency for Mineral Resources (ANRM) and from the Ministry of Environment. The main activity object registered with the Trade Register must be code 0893, and any subsequent modification (including change of registered office or shareholders) must be registered with the Trade Register within 15 days. Failure to comply with the authorization procedure results in the nullity of the registration and possible contraventional sanctions according to GEO 116/2009.

Regulatory framework, specific approvals and control institutions

The activity of salt extraction is subject to a strict legal regime. Extraction is carried out based on a mining concession granted by ANRM, according to the Mining Law 85/2003. Obtaining the exploitation license involves submitting an environmental impact study, an environmental agreement from the Environmental Protection Agency (APM), an approval from the Ministry of Health and a fire safety authorization. It is also mandatory to conclude a civil liability insurance contract for damages to third parties (professional mining insurance). Operational control is carried out by the Labour Inspectorate (ITM), which checks equipment and safety procedures, and by the National Environmental Guard, which verifies compliance with norms regarding the storage of chemical substances and waste. For the storage of extracted salt, specific sanitary approvals and environmental authorizations are issued, including an integrated environmental authorization (AIM) for large installations. Failure to comply with approvals leads to the suspension of activity until the deficiencies are remedied.

Fiscal management, ANAF audit risk and specific accounting

From a fiscal point of view, income from salt extraction falls under the category of income from mining activities, taxable at 16% (standard corporate income tax rate). The company must calculate and pay the mining royalty in accordance with Law 85/2003, which is determined based on the extracted quantity and the average price of salt; the royalty is declared quarterly to the Tax Authority (ANAF) through the specific declaration (amended form 101). VAT is applied at the standard rate of 19% for the sale of salt, and for exports, the rate is 0% with the possibility of deducting VAT on purchases. Major audit risk from ANAF: companies exploiting salt are obliged to submit semi-annual financial statements and to keep a record book of mining production. ANAF verifies especially the correctness of the royalty calculation and the method of recording inventories (valuation at production cost according to OMFP 1802/2014). A frequent error is the failure to record resource depletion costs (amortization of the concession) and provisions for the rehabilitation of the mining site. Specific accounting involves separate recording of operating expenses (drilling, internal transport) and temporary storage costs. It is also mandatory to report work points through the single fiscal registration declaration (form 070) to ANAF, and any change of registered office or secondary activity object must be updated within 30 days. Non-compliance may result in the calculation of fiscal accessories (late payment penalties of 0.02% per day) and even suspension of activity by ANAF decision.