0910

Authorization procedure and Trade Register aspects for NACE 0910

Companies registering with the Trade Register (ONRC) the principal or secondary activity 0910 must comply with the provisions of Law 31/1990 and Law 265/2022 on the trade register. When filing the registration dossier, a declaration on own responsibility is required according to the model provided by Law 359/2004, whereby the administrator confirms that the activities do not require prior operating authorization or that all permits required by special legislation have been obtained. For NACE 0910, the special law is Petroleum Law no. 238/2004, supplemented by the Implementing Rules approved by Government Decision 48/2005. Any legal entity carrying out activities ancillary to extraction (drilling, cementing, well maintenance, geophysical services, etc.) must hold a compliance permit issued by the National Authority for Regulation in Mining, Petroleum and Geological Storage of Carbon Dioxide (ANRMPSG). Without this permit, the Trade Register may suspend the registration or strike off the company ex officio. In case of association with foreign partners (joint ventures), the provisions of Emergency Ordinance 92/2004 on the concession of petroleum perimeters apply.

Regulatory framework, specific approvals and control institutions

In addition to the petroleum law, the company operating under NACE 0910 is subject to control by ANRMPSG, the Environmental Guard and the Territorial Labor Inspectorate. Ancillary activities involve handling dangerous substances and pressure equipment, which triggers the obligation to obtain an environmental permit under Law 104/2001 and a fire safety approval from the Emergency Inspectorate (ISU). For drilling and cementing, technical approval from the Drilling Project Approval Commission within ANRMPSG is required. Additionally, personnel performing extraction services must hold professional certifications issued by the Ministry of Energy. Installations and machinery are subject to verification by ISCIR (State Inspectorate for the Control of Boilers, Pressure Vessels and Lifting Installations). Lack of an ISCIR approval entails fines from 10,000 lei to 50,000 lei and cessation of operation.

Tax management, ANAF audit risk and specific accounting

From a tax perspective, the company must register with the Tax Authority (ANAF) as a payer of profit tax (or income tax for micro-enterprises, if it meets the conditions regarding turnover and number of employees). The standard VAT regime applies (standard rate 19%) for services provided to holders of petroleum concessions. It is mandatory to submit declaration 394 and report through the RO e-Factura system because B2B transactions with oil operators frequently exceed the threshold of 500,000 lei. Accounting must distinctly record production costs for each well/client, using account 231 (Tangible fixed assets in progress) for own drilling works. Depreciation of the well is carried out over the term of the service contract, according to IAS 16 (if IFRS) or according to Order 1802/2014 for accounting regulations compliant with European directives. ANAF may initiate a thematic audit if it encounters data mismatches between payments received from licensed operators and the absence of registered service contracts. The main audit risk consists of incorrect declaration of revenue from auxiliary services (equipment rental, personnel transport, sale of drilling fluids) which are subject to the same tax regime. The statute of limitations for tax claims is 5 years, and expenses with royalties paid to the state are fully deductible but must be justified by a concession contract. For petroleum waste treatment activities (including decantation, recycling), excise duties on energy products apply according to the Fiscal Code, Title VII.