1.1.1. Planning of operations and actions of the activity:

Alienation by sale-purchase of agricultural lands situated outside the built-up area without observing the right of preemption or without obtaining the required approvals is prohibited and sanctioned with absolute nullity.

The unit has the following attributions:

a) registers the seller's request, accompanied by the offer to sell the agricultural land and supporting documents:

- a photocopy of the ID card/passport of the seller, if a natural person, or a copy of the passport for a natural person seller residing abroad;

- a photocopy certified as compliant by the mayor's office officials of the property deed for the land subject to the sale offer (as the case may be: sale-purchase contract, donation contract, final and irrevocable civil judgment/decision, property title, inheritance certificate, exchange contract, asset liquidation act or any other document provided by law attesting ownership acquisition);

- land book excerpt for information, issued no more than 30 days before posting the offer,

accompanied by the cadastral plan excerpt, if the land for sale is registered in the integrated cadastre and land registry system;

- a photocopy of the company certificate from the trade register or document based on which it carries out its activity, in the case of a legal entity seller;

- in case of representation, notarized power of attorney in a photocopy certified as compliant by officials of the mayor's office, as well as delegation, general meeting decision, sole shareholder’s decision, decision of the association representative, as the case may be, in original, and a photocopy of the authorized person's ID card/passport, if a natural person;

- the decision of the general meeting of associates, the sole shareholder’s decision, the decision of the representative of the associative form, as the case may be, in original, showing agreement regarding the sale of the asset belonging to the company, in the case of a legal entity seller;

- fiscal attestation certificate issued by the mayor's office;

- other supporting documents, as appropriate.

b) posts the sales offer at the mayor's office headquarters and on its website, as appropriate;

c) notifies preemptors, within 10 days, by sending notification regarding the registration of the sales offer to their domicile, residence or headquarters, as the case may be; notification is sent by post and/or by email, with delivery confirmation;

d) posts the notification for preemptors at the mayor's office or on the mayor's office website, in compliance with legal provisions on personal data protection, if the holders of the right of preemption from the preemptors list cannot be contacted;

e) notifies the local public authority bordering the land that is the object of the sale, if it is located at the boundary of two administrative areas, to notify the right holders of preemption;

f) send to the central structure for land over 30 ha, or to the territorial structures for land up to and including 30 ha, as the case may be, as well as to A.D.S., within 5 days, the file regarding the sales request and offer for agricultural land, together with supporting documents, accompanied by the minutes of posting the offer, the preemptors list, as well as documents issued in the exercise of legal duties;

g) registers and displays at the mayor's office headquarters and on its website, as the case may be, all communications of acceptance of the land sale offer, filed by any of the preemptors included in the preemptors list or by any other preemptors not included in the list who later prove their status with supporting documents, in order to exercise the right of preemption for the respective sale offer;

h) forward to the central structure, and to the territorial structures, as the case may be, in copy, all communications of acceptance of the land sale offer, filed by any of the preemptors, within 3 days;

i) forward to the seller the communications of acceptance of the sale offer and/or purchase offers submitted by potential buyers, registered at the city hall;

j) adopt the necessary organizational measures for holding at the mayor's office the procedures related to the exercise of the right of preemption and selection of the preemptor from the same rank, as well as for selecting the potential buyer, in compliance with legal provisions;

k) send to the central structure, or to territorial structures, as the case may be, the decision regarding the choice by the seller of the preemptor of the same rank;

l) draw up the minutes for the procedural stage of exercising the right of preemption provided by law, detailing the activities and actions carried out;

m) if no acceptance communications have been registered, post, upon expiration of the legal term, the minutes of closing the procedural stage regarding the exercise of the right of preemption, noting that requests may be submitted by potential buyers, accompanied by supporting documents;

n) register the potential buyer's request, accompanied by supporting documents;

o) send to the central structure for land over 30 ha, or to the territorial structures for land up to and including 30 ha, as the case may be, in copies certified as compliant by the mayor's office staff, the purchase offers submitted by potential buyers registered at the city hall;

p) send to the seller the purchase offers submitted by potential buyers, in copy, registered

at the mayor's office;

q) send to the central structure, or territorial structures, as the case, may, the decision regarding the seller's choice of potential buyer;

r) issue minutes of annulment of the procedure if the seller submits a request to withdraw the sale offer; the minutes are forwarded, in copy, by mail or email to the central or territorial structure, as the case may be, as well as to A.D.S.;

s) issue minutes of procedure finalization, if no purchase offers are registered;

t) establish, organize and manage the Register of sale offers for agricultural lands located outside the built-up area, on paper support and in electronic format, which includes at least information on the seller's identification, the area of agricultural land located in extravilan offered for sale, their use category, sale price, location identified by block and plot, or, as appropriate, the location established by the location and boundary plan prepared in the national Stereographic 1970 projection system, issued by the territorial office as a result of the cadastral documentation reception for the property for which the notice was requested, the minutes drawn up for each procedure stage, the final minutes of the procedure, and the buyer's identification and transfer of ownership documents;

u) transmit, upon request of the central/territorial structure, data and information entered in the register, on paper or electronically.

Alienation by sale of agricultural lands located in extravilan shall be done in compliance with the substantive and formal requirements provided for by Law no. 287/2009 on the Civil Code, republished, with subsequent amendments, and the right of preemption, at a price and on equal terms as those provided in the offer, in the following order:

a) first rank preemptors: co-owners, spouses, relatives up to the third degree and in-laws up to the third degree, in this order;

b) second rank preemptors: owners of agricultural investments for orchards, vineyards, hops, exclusive private irrigation, on the lands subject to the sales offers and/or tenants. If the lands subject to sale have agricultural investments for orchards, vineyards, hops, and irrigation, owners of these investments have priority to buy these lands;

c) third rank preemptors: owners and/or tenants of agricultural lands adjacent to the land being sold;

d) fourth rank preemptors: young farmers;

e) fifth rank preemptors: the Academy of Agricultural and Forestry Sciences «Gheorghe Ionescu-Șișești» and the research-development units in the fields of agriculture, forestry, and food industry, as well as educational institutions with an agricultural profile, for the purpose of purchasing agricultural lands located outside the built-up area strictly necessary for agricultural research, located in the vicinity of lots already owned by them;

f) sixth rank preemptors: natural persons with domicile/residence located in the administrative-territorial units where the land is located or in the neighboring administrative-territorial units;

g) seventh rank preemptors: the Romanian state, through the State Domain Agency.

The lessee who wishes to purchase the leased agricultural land located outside the built-up area must have this status based on a valid lease agreement concluded and registered at least one year before the date of posting the sale offer at the mayor's office and meet the following conditions:

a) in the case of lessees who are natural persons, to prove domicile/residence located on the national territory for a period of 5 years prior to registration of the sale offer for agricultural lands located outside the built-up area;

b) in the case of lessees who are legal entities and associations, who are natural persons, to prove domicile/residence located on the national territory for a period of 5 years prior to registration of the sale offer for agricultural lands located outside the built-up area;

c) in the case of lessee legal entities with shareholding another legal entity, the shareholders/associates who hold control of the company must prove domicile/residence/headquarters or secondary seat located on

the national territory established for a period of 5 years prior to the registration of the sale offer of agricultural lands located outside the built-up area.

In the case of exercising the right of preemption by young farmers, priority to purchase the land for sale has the young farmer who carries out zootechnical activities, provided that domicile/residence is established on the national territory for at least one year prior to registration of the sale offer for agricultural lands outside the built-up area.

In the case of exercising the right of preemption by the owners of adjacent agricultural lands, priority to purchase agricultural land located outside the built-up area is established as follows:

a) the owner of adjacent agricultural land with the largest common border with the land offered for sale;

b) if the land offered for sale has two large sides or all sides equal, priority to purchase has the neighboring agricultural land owner who is a young farmer and has domicile/residence located on the national territory for a period of at least one year prior to registration of the sale offer for agricultural lands outside the built-up area;

c) owners of neighboring agricultural land who have common border with the land subject to the sale offer, in descending order of the length of the common border with the land in question;

d) if the large side or one of the equal sides of the land subject to the offer for sale has a common border with a land situated within another administrative-territorial unit, priority to purchase belongs to the owner of neighboring agricultural land with domicile/residence within the administrative-territorial unit where the land is located.

Alienation by sale of agricultural lands located outside the built-up area that are situated on classified archaeological sites shall be done according to the provisions of Law no. 422/2001 on the protection of historical monuments, republished, with subsequent amendments and completions.

The request and use of the land book excerpt or, as provided by law, the charge certificate and valid cadastral documentation upon conclusion of transfer of ownership contracts regarding real estate and other real rights constitutes full proof of the good faith of both parties to the contract, as well as before the public notary regarding the quality of the seller as owner of the asset subject to sale according to the land book description.

If the holders of the right of preemption do not express their intention to buy the land, alienation by sale of agricultural land located outside the built-up area may be done to natural persons provided the following cumulative conditions are met:

a) to have domicile/residence situated on the national territory for a period of at least 5 years prior to registration of the sale offer;

b) to carry out agricultural activities on the national territory for a period of at least 5 years, prior to registration of this offer;

c) to be registered with the Romanian fiscal authorities for at least 5 years prior to registration of the proposal to sell agricultural lands located outside the built-up area.

If the holders of the right of preemption do not express their intention to buy the land, alienation by sale of agricultural land located outside the built-up area may also be done to legal entities provided the following cumulative conditions are met:

a) to have their registered office and/or secondary office situated on the national territory for a period of at least 5 years prior to registration of the sale offer;

b) to carry out agricultural activities on the national territory for a period of at least 5 years prior to registration of the proposal to sell agricultural lands located outside the built-up area;

c) to submit documents showing that, out of the total income of the last 5 fiscal years, at least 75% is income from agricultural activities, as provided by Law no. 227/2015 on the Tax Code, with subsequent amendments and completions, classified according to the CAEN code by order of the Minister of Agriculture and Rural Development;

d) the associate/shareholder, natural person, having control over the company, to have domicile situated on

the national territory for at least 5 years prior to registration of the proposal to sell agricultural lands located outside the built-up area;

e) if the associates/shareholders who control the company are other legal entities, the associates/shareholders who control the company must prove domicile/residence/registered office/secondary seat situated on the national territory for at least 5 years prior to registration of the proposal to sell agricultural lands located outside the built-up area.

If the right of preemption is not exercised, potential buyers may submit a file with supporting documents to the city hall within 30 days from the expiration of the 45 working day period.

If the right of preemption is not exercised and none of the potential buyers, within the legal term, meets the conditions to be able to buy the agricultural land located outside the built-up area, its alienation by sale may be made to any natural or legal person.

Agricultural lands located outside the built-up area may be alienated through sale before the lapse of 8 years from purchase, with the obligation to pay by the sellers a tax of 80% applied to the positive difference between the value of the agricultural land at the date of sale and the value at the date of purchase, established according to the reference value set by the appraisal carried out by the notary association or the minimum value set by the market study conducted by the notary association, as