Romania has become an attractive destination for international trade, offering a growing market, strategic access to the European Union, and a competitive business environment. Whether you are a company looking to expand or a small business aiming to export your products, understanding the legal requirements and business regulations is essential for success.
Exporting to Romania involves complying with both EU regulations and national laws, which govern import duties, product certifications, and contractual agreements. Failing to meet these requirements can lead to delays, financial losses, or even legal complications. This article will guide you through the essential steps for exporting to Romania while ensuring legal compliance.
Why Export to Romania?
Before diving into the legal aspects, it is important to understand why Romania is a great choice for exporters:
- Member of the European Union – Romania follows EU trade regulations, making it easier for companies from other EU countries to export without additional tariffs.
- Large consumer market – With over 19 million people, Romania provides a solid customer base for a variety of goods and services.
- Economic growth – The country has experienced steady GDP growth, increasing purchasing power and demand for high-quality foreign products.
- Strategic location – Romania serves as a key trade hub between Western Europe and Eastern Europe, making it ideal for companies with regional expansion plans.
While these advantages make Romania attractive, every exporter must navigate legal requirements, business regulations, and taxation policies to ensure smooth market entry.
Legal Requirements for Exporting to Romania
Exporting to Romania requires compliance with both EU and national regulations. Here are some of the key legal aspects to consider:
1. Customs and Import Duties
Romania, as an EU member, follows the Union Customs Code (UCC). This means:
- Exports from EU countries are not subject to customs duties but must comply with EU trade regulations.
- Exports from non-EU countries are subject to import duties, VAT, and customs clearance procedures.
- Harmonized System (HS) Codes must be used for product classification.
- EORI Number (Economic Operator Registration and Identification) is required for businesses engaged in import-export operations.
If you are exporting from a non-EU country, it is essential to check the applicable tariffs and import restrictions via the European Commission’s TARIC database.
2. Product Certification and Compliance
Products exported to Romania must meet specific EU and national safety standards. The main certifications required include:
- CE Marking – Mandatory for products such as electronics, toys, and medical devices, proving compliance with EU safety regulations.
- Food and Agricultural Standards – Products must meet EU sanitary and phytosanitary regulations.
- Chemical and Pharmaceutical Compliance – Controlled substances require registration under REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals).
Failing to comply with these certifications can result in customs delays, penalties, or product bans.
3. Contracts and Business Agreements
Having solid legal contracts is crucial when exporting to Romania. Key elements to include in export contracts are:
- Terms of payment – Clearly defining whether transactions are based on pre-payment, credit, or letters of credit.
- Delivery terms (Incoterms) – Specifying whether the exporter or importer is responsible for transport and insurance.
- Dispute resolution clauses – Choosing whether disputes will be settled in Romanian courts or through international arbitration.
A business lawyer can ensure your contracts comply with Romanian law and protect your interests in case of disputes.
4. Taxation and VAT in Romania
Romania applies VAT on most imported goods, with a standard rate of 19 percent and reduced rates for certain categories (e.g., 5 percent for books and 9 percent for food). Key tax considerations include:
- VAT Registration – Foreign companies selling directly to Romanian customers may need to register for VAT.
- Customs VAT Payment – Importers must pay VAT at customs before goods are cleared.
- Double Taxation Agreements – Romania has agreements with multiple countries to avoid double taxation on profits.
Proper tax planning can reduce costs and prevent legal risks, so consulting with a tax expert is highly recommended.
How to Set Up a Business for Exporting to Romania
Some companies prefer establishing a local presence to facilitate exports. Setting up a business in Romania can provide advantages such as tax benefits and easier compliance with regulations. The most common legal structures are:
- SRL (Limited Liability Company) – Ideal for small and medium-sized businesses, with a minimum share capital of 1 RON.
- SA (Joint-Stock Company) – Suitable for large-scale operations, requiring at least 90,000 RON capital.
- Branch Office – A cost-effective solution for foreign companies expanding to Romania without creating a separate legal entity.
Registering a company involves legal paperwork, tax registration, and compliance with trade laws. Working with a business lawyer can streamline the process and avoid bureaucratic delays.
Common Challenges in Exporting to Romania
Despite Romania’s business-friendly environment, exporters may face challenges such as:
- Regulatory changes – Frequent updates in tax and trade laws can impact compliance.
- Customs delays – Incomplete documentation can lead to slow clearance times.
- Legal disputes – Contract disagreements or payment defaults may require legal action.
To minimize risks, it is advisable to work with legal professionals experienced in international trade law.
Why Work with a Business Lawyer When Exporting to Romania?
Exporting involves multiple legal and financial risks, from contract enforcement to tax compliance. A business lawyer can provide:
- Regulatory guidance – Ensuring compliance with Romanian and EU laws.
- Contract drafting and negotiation – Protecting your business interests in trade agreements.
- Dispute resolution – Handling conflicts through mediation or legal representation.
- Tax and customs advisory – Optimizing tax obligations and avoiding unnecessary fees.
Working with Buju, Stanciu & Asociatii can help exporters navigate the complexities of the Romanian business environment, ensuring a smooth and legally secure expansion.
Conclusion: Ensure a Smooth Export Process to Romania
Expanding into the Romanian market can be highly profitable, but legal and regulatory compliance is key to avoiding costly mistakes. Whether you are dealing with customs procedures, product certifications, or tax obligations, proper legal support will help you streamline operations and reduce risks.
If you need expert assistance with exporting to Romania, contract negotiations, or regulatory compliance, Buju, Stanciu & Asociatii is here to help.
Contact our legal team today to ensure your business expansion into Romania is smooth, secure, and legally compliant.
