Last updated: 24 October 2023
The rules of enforcement of the Law no. 105/2023, establishing for the agricultural producers, depositors, processors, and vendors acting in the agri-food sector in Romania the obligation of monthly reporting of food and agricultural products to the Ministry of Agriculture, have been published in the Official Gazette no. 858 of September 22, 2023.
Under the norms, the concerned economic operators must provide detailed statistical data on the stocks of products. An exhaustive list of food and agricultural products subject to this obligation is provided in the appendix to the law, among which we mention: fruits and vegetables, cereals and cereal-based products, milk and diary, milling and bakery products, honey, sugar, rice and fruit and vegetables canned and processed products.
Data required
The data on stocks1 will be reported via the Electronic system for the reporting of stocks of agri-food products in Romania (SERSPAR2) and will include details about the stocks of :
- raw materials
- finite products
- agricultural and food products intended for sale
- of the storage areas
SERSPAR is available only to registered users, therefore, the economic operators acting in the agri-food sector, by their legal representative or proxy, will have to register.
The registration process is carried out exclusively online and consists of filling the registration form at least with the information marked and mandatory, and subsequent electronically signing of the sworn statement of the legal representative of the economic operator.
The economic operators3 must state the origin of the raw materials, such as own production or purchase from different sources (Romania, intra-community or import).
Also, they will have to identify the types of products for which they provide the data. Where an economic operator acting in the agri-food sector produces under an integrated system: production, transformation, processing, storage and sale, they have the obligation to provide statistical data on stocks for each of the steps.
ATENTION !
The law does not apply to sellers whose selling premisses are under 400 sqm included, without storage and production facilities, offices and annexes.
Are also exempted itinerant traders, public food service providers and those carrying out sale activities in public areas.
Sanctions
Failure to comply with the legal provisions accounts for contravention and is sanctioned by a fine amounting to between LEI 5,000 and Lei 20,000.
Notes
- Under the law stocks account for « the totality of food and /or agricultural products provided in the annex to the law recorded in the accounting books of an economic operator acting in the agri-food sector in the last day of the month preceding the 15th of the month of the reporting, as raw material or finite products intended for production, preparation, processing or sale, including those imported».
- SERSPAR is an IT system developed and kept by AFIR, institution subordinate to the Ministry of Agriculture and Rural Development, made available free of charge to economic operators acting in the agri-food sector.
- The economic operator is defined in the law as „the authorised natural or legal person who in carrying out its professional activity produces, transforms, processes, manufactures, imports, stores or sells food and agricultural products provided in the annex to the law”.