3511

Authorization procedure and Trade Register aspects for CAEN 3511

Registration with the Trade Register (ONRC) for code CAEN 3511 requires compliance with specific formalities. In addition to the standard documents (application, constitutive act, affidavit under Law 359/2004), prior technical approvals are mandatory. For natural gas power plants, an opinion from ANRE is required for classification within established capacities. For activities involving the combustion of solid or liquid fuels, an environmental agreement from the Environmental Protection Agency is required. When filing the dossier, the sole declaration regarding the main object of activity is completed, noting that 3511 can be a main or secondary activity, depending on the share of turnover. It is essential that the registered office is declared in the affidavit, and in the case of electricity production, the office may differ from the place of production, but correspondence is recommended for simplifying fiscal procedures.

Regulatory framework, specific approvals and control institutions

Electricity production from non-renewable resources is subject to a strict framework, mainly through the Electricity Law no. 123/2012 and ANRE regulations. For operation, an ANRE licence for electricity production is required, granted for a fixed term and subject to compliance with technical and financial conditions. Installations must meet safety and efficiency standards, and construction and operating permits are obtained from local authorities based on technical projects verified by ISCIR for pressure installations. Emission quality control falls under the National Environmental Guard, which checks compliance with pollution standards (CO2, NOx, dust emissions). Economic operators must also hold a Tax Authority (ANAF) agreement for VAT registration if they exceed the exemption threshold (RON 300,000 in 2023), and prior notification to the Trade Register (ONRC) for opening work points (the actual power plants) is mandatory within 15 days of starting the activity.

Fiscal management, risk of ANAF audit and specific accounting

From an accounting perspective, CAEN 3511 implies the application of OMFP 1802/2014, with particularities regarding tangible fixed assets (power plants, production equipment) depreciated over their useful life (typically 10-20 years). In accounting, revenues from electricity sales are recognised based on meter readings and issued invoices. A major risk is the ANAF audit on production costs (fuels, personnel expenses) and their deductibility, especially in the context of verifying transfer prices for intra-group acquisitions. Operators must also implement the RO e-Factura system for invoices issued to third parties (mandatory from 1 July 2022 for B2B deliveries). Another specific fiscal element is the excise duty on electricity (under the Fiscal Code, art. 356), which must be calculated and declared through declaration 300 to ANAF. For small producers who have not reached the VAT threshold, the option of voluntary registration as a VAT payer may be advantageous for deducting VAT on equipment purchases. The audit risk is increased in the case of incorrect classification of the activity (e.g., if it also includes electricity trading, which requires another CAEN code and an additional ANRE licence). In conclusion, correct management of reporting obligations (monthly and quarterly declarations) and retention of supporting documents (purchase-sale contracts, dispatch notes, production registers) is essential to avoid sanctions.