Note: Important updates have emerged after the below article was publication – please refer to section Later Edits below for relevant amendments.
A legislative initiative formulated in the spring of 2022 intended to support the gathering of the necessary information regarding the quantities of agricultural and food products in Romania has recently been adopted, becoming the Law no. 105/2023 regulating of the method of reporting stocks of agricultural and food products (“Law no. 105/2023“).
Starting from April 21, 2023, in accordance with the provision of the newly enforced law, economic operators active in the agri-food sector have the obligation to provide, on monthly basis, to the Ministry of Agriculture and Rural Development, statistical data for the record of stocks of agricultural and food products.
Silvana Curteanu, Associate with SIMION & BACIU’s Consumer Protection practice prepared an analysis of the existing reporting obligations that the economic operators have, of the legislative process that led to this new law, as well as of the perspectives regarding the compliance methodology that companies active in the agri-food sector should consider, in the above context.
Highlights of the pieces include notes on that fact that:
- the agricultural and food products for which Law 105/2023 stipulates the obligation to report refer to a wide variety from vegetables-fruits, cereals and seeds, meat, milk, milling and bakery products, to water, teas or sugar. Thus, a rather divers range of economic operators are exposed to its provisions and should evaluate the new compliance requirements.
- although, until the moment of writing of this piece, the concrete manner in which economic operators active in the agri-food sector will fulfil the new reporting obligation remains uncertain (except for the collection calendar), it is a certainty that non-compliance can be sanctioned as a contravention with a fine of 5,000 lei to 20,000 lei.
In this context, the careful consideration of the obligations brought by Law no. 105/2023 should be on the agenda of all economic operators active in the agri-food sectors in order to prevent possible sanctions and to avoid the non-compliance risk factors which would turn the attention and resources from their core activity.
The full articles is available (in Romanian language) HERE.
On May 12, 2023, the Ministry of Agriculture and Rural Development has published on its website the draft Decision for the approval of the methodological norms for the application of the provisions of Law no. 105/2023, as well as the methodology for collecting, centralizing and processing statistical data on stocks of agricultural and food products (“Draft Decision“).
The Draft Decision provides that “Statistical data on the record of stocks provided by the economic operators in the agri-food sector include information on raw materials stocks, finished products stocks, agricultural and food products stocks for sale and stocks in warehouses“.
The methodology for collecting, centralizing and processing statistical data on stocks of agricultural and food products, the Draft Decision provides that statistical data on stocks for agricultural and food products provided in the annex to the Law no. 105/2023 will be provided by the economic operators in the agri-food sector through the Electronic Reporting System for Agri-Food Stocks in Romania – SERSPAR. This is an IT system of public utility, developed and maintained by the Agency for Financing Rural Investments, an institution subordinated to the Ministry of Agriculture and Rural Development. The system is to be made available, free of charge, to economic operators in the agri-food sector.
The Draft Decision also provides the obligation of economic operators to register in SERSPAR, and to provide statistical data on stocks of agricultural and food products from the 1st of the month until the 15th of the month for the previous month.
Observations and proposals regarding the draft normative act can be sent to the address: firstname.lastname@example.org within 10 days from the date of its publication.