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Obligations of economic operators in the Agri-Food Sector

The obligation of economic operators in the agri-food sector to report monthly on product stocks

In the context of the entry into force of Law No. 105/2023, the obligation was imposed on economic operators in the agri-food industry to provide statistical data on the stock of products. Reporting is done monthly, by the 15th of the month for the previous month. However, to be effectively implemented, the law was supplemented with a series of methodological rules[1] adopted by the Government in September 2023.

These rules contain provisions regarding the obligation of economic operators to perform monthly online reporting of agri-food product stocks starting from November 2023.

Economic operators covered by the text of the law:

  • Agricultural producers;
  • Warehousers;
  • Processors at the national level; and
  • Traders currently active in the agri-food sector.

Economic operators exempt from the reporting obligation:

  • Traders who have retail structures with a sales area of less than 400 square meters, including spaces for storage, preservation, and production of goods, offices, and annexes;
  • Mobile traders;
  • Traders engaged in public catering services;
  • Traders engaged in sales in public areas.

Furthermore, the statistical data include information about stocks of raw materials, finished products, agricultural and food products subject to sale, as well as stocks in warehouses. Moreover, when applicable, the origin of raw materials will be included in the reporting content.

In this regard, in order to carry out the mandatory reporting, economic operators must register, through a legal representative or an authorized person, in the Electronic Reporting System for Agri-Food Product Stocks in Romania (SERSPAR). Through the platform of the system, users have access to presentation information and guides that facilitate compliance with the requirements. Additionally, to ensure the validity of monthly reporting, the methodological rules also mention the possibility of using extended electronic signatures.

In the event of non-compliance with the obligation to report product stocks, economic operators covered by the text of the law may be subject to a fine ranging from 5,000 to 20,000 lei.

Therefore, authorities have noted that the need to provide this data stems from the desire to achieve, among other things, an increase in domestic production of agri-food products and the offering of new Romanian products for export. Furthermore, they have drawn attention to the ongoing concerns about food security, especially in the context of restrictions on the movement of goods and disruptions in the agro-industrial processing sector.

For further information or any additional inquiries, please do not hesitate to contact us:

➡ Phone: (+4) 031 426 0745
📧 Email: office@grecupartners.ro

We are here to assist and provide legal support for all your needs. We look forward to discussing with you.

Andreea Bögözi

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