0899

Procedure for authorisation and Trade Register aspects for CAEN 0899

Setting up a company that will carry out activities under CAEN code 0899 (Other mining and quarrying n.e.c.) requires going through the standard registration stages at the Trade Register (ONRC), but with specific features related to the extractive nature. When submitting the file, the main object of activity shall be specified according to the Classification of Activities in the Romanian Economy, and if it is intended to be included as a secondary object, it shall be mentioned in the articles of association.

For the authorisation of operation, it is necessary to submit a sworn declaration in accordance with Law 359/2004, whereby the manager attests to the fulfilment of the specific operating conditions. However, due to the risks associated with extractive activities, I recommend obtaining prior approvals from the environmental authorities and the National Agency for Mineral Resources (ANRM) before starting operations, even if the law does not require them at the initial registration.

When subsequently modifying the objects of activity or extending the operating permit, an application for registration of a mention shall be filed with the Trade Register (ONRC), accompanied by the decision of the General Meeting of Shareholders (AGA) and supporting documents for the new authorisations. Any discrepancy between the data in the Trade Register and the actual licences may attract sanctions.

Regulatory framework, specific approvals and control institutions

The main normative act governing extractive activities is the Mining Law No. 85/2003, as updated, and the Petroleum Law No. 238/2004 for solid mineral substances. Depending on the substance extracted (ores, rocks, sands, etc.), the Water Law or Government Emergency Ordinance 195/2005 on environmental protection also apply.

For CAEN 0899, it is mandatory to obtain an exploitation licence or an operating permit from ANRM. Furthermore, an Environmental Agreement must be obtained from the Environmental Protection Agency, and if the activity involves drilling or excavations, a building permit for mining installations is required.

The control institutions are multiple: ANRM for resources, the Environmental Guard, ISCIR for pressure equipment, and the Territorial Labour Inspectorate for occupational safety. Non-compliance with approvals may lead to suspension of activity and substantial fines.

Tax management, ANAF audit risk and specific accounting

From a fiscal point of view, companies with CAEN 0899 are liable for standard corporate income tax (16%), with the possibility of applying the micro-enterprise income tax system if they meet the conditions regarding turnover and number of employees. Upon incorporation, the tax vector is completed at the Tax Authority (ANAF), including the obligation to declare resource taxes.

A specific element is the tax on extractive activity, established by Government Emergency Ordinance 196/2005, which is calculated as a percentage of the value of sold production. This is declared quarterly and paid to ANAF. Also, for mining waste, the circular economy tax applies.

The risk of an ANAF audit is high, especially regarding the correctness of production declarations and deductible costs. ANAF may request documents attesting to the transport, storage and valorisation of products. I recommend keeping separate accounting records for each operating perimeter and using analytical accounts for inventories.

Specific accounting involves recording operating costs (salaries, depreciation of machinery, land leases) and recognising revenue from product sales. It is mandatory to apply the RO e-Factura system for all invoices issued to legal entities.

The closing of accounts at the end of the year must include the valuation of finished product inventories and mineral assets, which may be subject to impairment. Any error in valuation may lead to tax adjustments.