UNIQUE INDUSTRIAL LICENSE: NEW DEVELOPMENTS IN THE APPLICATION OF SPECIFIC LEGISLATION ADOPTED IN 2022

The Industrial License Office (OLI), a body established to simplify and digitize the authorization procedures for industrial activities, has published the Instructions regarding the approval of the procedures of the competent authorities¹ for the issuance of the clearances required for granting the unique industrial license, in accordance with the provisions of GEO no. 140/2022 and of the Law no. 98/2022.

Under the law, the unique industrial license is the unilateral administrative act by which the competent authority, OLI, issues to a Romanian or foreign, natural or legal person a clearance² enabling such beneficiary to carry out one or more industrial activities among those listed in Annex 1 of GEO no. 140/2022.

For more information on the GEO no. 140/2022 please see our latest article here.

Minimum procedures and standards

According to the instructions published in the Official Gazette no. 665 of 16 July 2025, all authorities involved must elaborate and submit documented procedures within 30 days of the publication of the Instructions, which, after analysis by Office, shall be validated and published on the PCUEL platform.

These procedures shall contain at least:

• the CAEN codes and description of the activities covered;
• the applicable legislation;
• the list of requested documents and how they shall be submitted (preferably digitally);
• deadlines for analysis, term of validity and reissue;
• the amount of fees and payment methods; information on the possibility of tacit approval;
• frequency of reissuance of the clearance and actions required for extending and/or maintaining the validity thereof;
• templates, models of specific applications or notifications.

Classification of industrial activities based on risk: pending regulations

A new set of Instructions to be issued by OLI, the draft of which is currently undergoing a decision-making transparency procedure, aimed at the operationalization of the single point for obtaining the unique industrial license is expected to supplement the applicable legislation.

These Instructions are intended to set the necessary framework for the classification of industrial activities, based on which will be determined the type and complexity of the authorization process and the term of validity of the unique industrial license.

Thus, according to the draft normative act, the competent authorities must analyse each industrial activity listed in Annex no. 1 to GEO no. 140/2022 with a view to at least four main factors:

1. Environmental impact: atmospheric emissions (CO₂, toxic pollutants), waste management, water pollution, use of natural resources, impact on biodiversity.
2. Impact on public health: exposure to hazardous chemicals, air and water quality, occupational diseases, long-term health effects, radiation.
3. Workplace safety: risk of accidents and working conditions, provision of protective equipment, employee training, ergonomics, and physical/mental safety.
4. Energy consumption: energy efficiency, energy source (green vs. conventional), carbon emissions, total consumption, dependence on unstable sources.

Risk classification levels

Based on the above-mentioned risk factors, industrial activities will be classified as follows:

• Low risk – activities with minimal impact and well-implemented control measures; according to the draft Instructions, the license would be granted for an unlimited duration.
• Medium risk – moderate impact, requires prevention and control measures; according to the same draft Instructions, the license would be valid for up to 10 years.
• High risk – major impact on the environment and health; requires strict control and licenses with a validity of up to 5 years.

Finally, we remind you that in order to implement the rules regarding the unique industrial license, at least the following steps remain to be completed: adopting the OLI instructions regarding the classification of industrial activities according to their risk and putting the PCUEL portal into operation. Once the portal is operational, in order to obtain a unique industrial license, applicants will submit a file that will contain, as appropriate, documents, data and other information required by the various authorities depending on the particulars of the activity carried out, as well as proof of payment of the license fee (the amount of fees established by the competent authorities for the issuance of administrative acts).

According to the legislation in force, the license is to be issued within 180 days from the receipt and acceptance by OLI of the file (see GD 1251/2023).

It should also be noted that non-EU and non-EEA legal entities may apply for a unique industrial license only via a company or a branch established in Romania, in compliance with the provisions of Law no. 31/1991 on Companies, operating for the entire validity period of the unique industrial license.

Notes

1. The list of authorities is set out in Annex 2 of Government Emergency Ordinance no. 140/2022.
2. The clearance issued by the Industrial Licensing Office (OLI) may, as applicable, take the form of a licence, authorisation, approval, opinion, permit, or any other administrative act.