2060

Authorisation procedure and Trade Register aspects for CAEN 2060

Setting up a company carrying out the activity of manufacturing synthetic and artificial fibres (CAEN 2060) requires going through the standard formalities at the Trade Register (ONRC), with specific mentions. When submitting the registration application, a sworn declaration according to Law 359/2004 is completed, in which the associates or administrators declare compliance with the operating conditions. Although this activity is not subject to prior authorisation from the ONRC, being an industrial activity, it is recommended to obtain certain sectoral permits before starting operations. At the time of registration, the main activity is established as Manufacture of synthetic and artificial fibres (CAEN code 2060), and secondary activities may include wholesale trade of waste, recycling, etc. After registration, tax registration declarations (fiscal vector) are submitted to the Tax Authority (ANAF) for assigning the unique registration code and the applicable tax regime. An environmental permit from the Ministry of Environment is not required for registration in the Trade Register, but the environmental authorisation is obtained separately, before starting production.

Regulatory framework, specific permits and control institutions

The synthetic fibre industry (CAEN 2060) falls under environmental, industrial safety and dangerous substances transport legislation. The main normative act is Law no. 278/2013 on industrial emissions, correlated with the IED Directive. Obtaining an integrated environmental authorisation (IEA) from the Environmental Protection Agency is mandatory if the installation exceeds the thresholds set out in Annex 1 to the law (e.g., for synthetic fibre production installations with a capacity of more than 500 tonnes/day). Otherwise, a regulatory act of the environmental agreement or environmental authorisation type is issued. Also, a fire safety authorisation from the Inspectorate for Emergency Situations and a sanitary approval from the Public Health Directorate are required. For the chemicals used, Regulation (EC) no. 1907/2006 (REACH) applies. Production activities are subject to control by the Environmental Guard, the Labour Inspectorate (ITM) and the Sanitary Veterinary and Food Safety Directorate (DSVSA) (if the fibre comes into contact with food).

Tax management, ANAF audit risk and specific accounting

From an accounting perspective, companies carrying out the CAEN 2060 activity must use the accounts from the general chart of accounts for production costs (operating expense accounts, inventories, fixed assets). Specific to this field, strict record-keeping of raw materials (polymers, solvents, additives), utility consumption and waste flows is required. Tax declarations include declaration 100 (corporate tax/VAT), D390, D301, the unified declaration (if applicable for micro-enterprises). From a VAT perspective, the activity is taxable, but exemptions may apply for certain exported products. The main risk of an ANAF audit concerns the under-declaration of revenue from own production (captive manufacturing), unjustified use of reduced VAT rates on raw materials, non-compliance with the 22% threshold for deductible VAT (in the case of car purchases, though not specific). Also, for micro-enterprises, the turnover threshold of EUR 500,000 applies, along with the condition not to carry out activities in banking, etc. Founders must pay attention to the correct classification of expenses and compliance with transfer pricing provisions if they carry out transactions with related parties.