NEW DATA ON LICENSING INDUSTRIAL ACTIVITIES

A new step was taken towards simplifying and digitizing the process of licensing industrial activities, as previously presented by us in November 2022, with the enactment of GD 1251 on December 13, 2023.

This decision regulates the organization and functioning of the Office for Industrial Licensing. The new legal framework complements the provisions of the GEO 140/2022, setting up the Office for Industrial Licencing as main institution meant to manage the unique electronic point for industrial licensing (PCUEL) but also to simplify the proceedings for issuing administrative deeds for industrial licensing.

The law defines the unique industrial license (licenta industriala unica, in Romanian) as the unilateral administrative act under which a Romanian or foreign legal or natural person is granted permission by an authority to perform one or several industrial activities. The unique industrial licence is granted based on the administrative deeds (permits, licences, agreements, clearances etc.) provided under the law in order to carry out an industrial activity within the scope of business of each investor, as the case may be.

The Office for industrial licensing

The office is intended mainly to organize, simplify and digitize the procedures for granting the industrial licence by integrating all licences, authorisations, agreements, permits related to a company’s scope of business under one simplified procedure.

The Office manages the unique electronic point for industrial licensing (PCUEL), an electronic platform interconnected with the IT systems of the competent authorities and with the platform e-guvernare, which was supposed to become operational by December 31, 2023.

The Office is, among others, in charge with:

• Elaboration of the normative framework to ensure a simplified procedure for delivery of the unique industrial licence by integrating all licences, authorisations, clearances or permits related to an economic operator’s scope of business, issued by the different competent authorities, but also by managing renewals, modifications, suspensions or withdrawals of the unique industrial licence;
• Approval of measures aimed at simplifying the procedures for delivery of the unique industrial licence;
• Granting, amending, renewal, suspension or withdrawal of the unique industrial license;
• Identifying contraventions and enforce sanctions provided by the law or, as the case may be, referral to the competent authorities;
• Setting up and operating a Unique Electronic Contact Point for Industrial Licenses (PCUEL in Romanian) PCUEL will provide access to the following public information: a) the application procedure for the unique industrial license; b) the forms in electronic form; c) he contact details of the competent authorities; d) the contact details of the Office; e) the legislation regulating delivery of administrative acts and the legislation regulating the delivery of the unique industrial license; f) remedies available in case of disputes.

Classification of unique industrial licenses

In accordance with GEO no. 140/2022, depending on the risk associated to the industrial activity, there are 3 types of industrial licenses:

1. the unique industrial license for high risk industrial activity;
2. the unique industrial license for medium risk industrial activity;
3. the unique industrial license for low-risk industrial activity.

Instructions regarding the classification of industrial activities into the aforementioned risk categories should be issued by the Office within 30 days of the entry into force of Government Decision No. 1251/2023. However, as of today, they have not yet been issued.

Applying for a unique industrial license

The applicant seeking to obtain a unique industrial license will submit an application file containing :

• an application filed through PCUEL;
• as appropriate, documents, data or other information required;
• the proof of payment of the fee for delivery of the unique industrial license.

The fee for delivery of the unique industrial licence is set under the GD 1251/2023 and sums up the fees charged by the competent authorities for issuing administrative deeds. The fees and the fines can also be paid online, through the Electronic Payment System SNEP – ghiseul.ro. The procedure for payment of the fee for the unique industrial licence will be established by the Office within 180 days since entry into force of the GD 1251/2023.

There follows an overview of the conditions for issuing the unique industrial licence:

Delivery of the unique industrial license: no later than 180 days after approval of the application for issuance of the license.

Appeals: if the Office refuses to grant the license for incompliance with the legal conditions, the applicant may appeal against such refusal, as provided for under the Law of administrative contentious no. 554/2004.

Validity of the license: is set in accordance with the risk category in which the industrial activity falls, but no less than one year.

Renewal of the license: is required if the conditions based on which it was issued have changed, if the legal provisions incidental upon have changed or if the term of validity expired.

Modification of the license: is required each time there is a change in the industrial activity based on which it was issued. The applicant or the holder of the license shall inform via PCUEL about any change on the identification data or the scope of business within 15 days.

Withdrawal of the license: the license may be withdrawn in case of bankruptcy or if the holder no longer meets the conditions in which the license was granted.

Validity of the administrative deeds approved under normative acts for carrying out an industrial activity: the licenses, authorisations, agreements; permits or other such administrative acts issued prior to the entry into service of the PCUEL are effective during the term of validity set by the competent authority.

Non-EU or non-EEA legal entities may apply for a unique industrial license only after having set up a company or a branch in Romania abiding by the Companies Law no. 31/1990. Such company or branch will have to be active during the whole term of validity of the unique industrial license.