3524

Authorisation procedure and Trade Register aspects for CAEN 3524

CAEN code 3524 – Storage of gas, as part of supply services – is not a simple liberalised activity. Registration with the Trade Register (ONRC) is based on a self-declaration under Law 359/2004 only for activities without prior approvals. For this code, generally no approvals are required at establishment, but actual operation requires obtaining subsequent authorisations from ANRE (the National Energy Regulatory Authority), pursuant to Gas Law No. 123/2012. At the Trade Register, the following documents are submitted: application, deed of incorporation, identity documents and proof of registered office; the registered office must be suitable for storage (not a virtual office). Administrators must not have been convicted of economic crimes, and the sole shareholder or shareholders must be persons with full legal capacity. The main activity object must mandatorily be 3524 in chronological order. The average processing time at the Trade Register is 1-3 days, and the legal term is 5 days.

Regulatory framework, specific approvals and control institutions

The main normative act governing this activity is Gas Law No. 123/2012, as subsequently amended and supplemented, together with the technical regulations issued by ANRE. Companies providing storage services must hold a supply or operation licence issued by ANRE; gas storage is part of the system service. Underground storage activities require approvals from the National Agency for Mineral Resources (ANRM) and the National Environmental Guard. For above-ground storage facilities, an ISU approval (Fire Brigade) and a fire safety authorisation are necessary, as well as an approval from the Environmental Protection Agency (APM) for impact assessment or environmental agreement. There is no special 'approval from the Trade Register' – it only issues an operating authorisation after obtaining the ANRE licence. Periodic inspections are carried out by ANRE (liquidations, sanctions), the Financial Guard (tax evasion) and ITM (occupational safety). It is recommended to contract a technical responsible officer for execution and an environmental responsible officer.

Tax management, risk of ANAF audit and specific accounting

From the perspective of the Fiscal Code, income from storage is classified as service provision, standard VAT rate 19%. The tax base is the consideration for storage services and related services (handling, pumping). Major risk of ANAF audit: correct transmission of SAF-T declarations (D406) with the structure of stocks and operations with energy products. If natural gas is handled, excise duties apply pursuant to Title VIII of the Fiscal Code; failure to declare excise duties incurs substantial penalties. Accounting must reflect separately the acquisition costs of stored gas, storage costs, and service revenues. It is recommended to use account 345 'Finished products' (if gas is sold after storage) and stock accounts 301 or 371 – but a specific analysis is required. Tax vector: monthly obligations to ANAF (VAT, income tax on salaries) and quarterly (corporate income tax). The RO e-Factura system is not mandatory for all B2B invoices, but its implementation is recommended for compliance. For high-risk storage facilities, ANAF may initiate an unannounced inspection regarding physical stocks and gas balances.