1.1.1. Planning of operations and actions of activity:

Alienation through sale-purchase of agricultural lands located outside built-up areas without observing the pre-emption right or without obtaining the permits is forbidden and is sanctioned by absolute nullity.

The unit has the following responsibilities:

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

- a photocopy of the ID/CI of the seller (natural person) or a copy of the passport for the seller (natural person) with residence abroad;

- a certified photocopy for compliance by mayor's office officials of the ownership deed over the land which is the object of the sale offer (as appropriate: sale-purchase contract, donation contract, final and irrevocable civil sentence/decision, property title, heir certificate, exchange contract, act of liquidation of the patrimony or any other document provided by law certifying the acquisition of the ownership right);

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

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

- a photocopy of the certificate from the trade register or the act under which the activity is carried out, in the case of a legal entity seller;

- in case of representation, the notarized power of attorney, in a photocopy certified for compliance by the mayor's office officials, respectively the mandate, the resolution of the general meeting of shareholders, the decision of the sole associate, the decision of the representative of the associative form, as the case may be, in original, as well as a photocopy of the ID/CI/passport of the authorized natural person;

- the resolution of the general meeting of shareholders, the decision of the sole associate, the decision of the representative of the associative form, as the case may be, in original, from which to result the agreement regarding the sale of the property owned by the company, in the case of a legal entity seller;

- tax certificate issued by the mayor's office;

- other supporting documents, as applicable.

b) posts the offer for sale at the mayor's office and on its website, as applicable;

c) notifies preemptors, within 10 days, by sending the notification regarding the registration of the sale offer to their domicile, residence, or headquarters, as the case may be; the notification is sent by mail and/or by e-mail, with confirmation of receipt;

d) displays the preemptors’ notification at the mayor's office or on the mayor’s website, respecting data protection legislation, for preemptors from the list who cannot be contacted;

e) notifies the local public authority that borders the land subject to the intention of sale, if the land is at the limit of two administrative territories, for notifying the holders of the pre-emption right;

f) send to the central structure for lands over 30 ha, or to the territorial structures for lands up to and including 30 ha, as applicable, and to A.D.S., within 5 days, the file regarding the request and the offer for sale of the agricultural land, together with the supporting documents, accompanied by the display minutes, the list of preemptors, and the acts issued in the exercise of legal responsibilities;

g) registers and displays at the mayor's office and on its own website, as the case may be, all communications of acceptance for the offer to sell the land, filed by any of the preemptors included or not included in the list and who subsequently prove this status by supporting documents, for exercising the pre-emption right for the given sale offer;

h) send to the central or territorial structure, as applicable, in copy, all acceptance communications for the offer, filed by any preemptor, within 3 days;

i) send to the seller the acceptance communications for the offer of sale and/or purchase offers filed by potential buyers, registered at the mayor's office;

j) adopt the necessary organizational measures for conducting at the mayor's headquarters the procedures relating to the exercise of the pre-emption right and of choosing the preemptor within the same rank, as well as for choosing the potential buyer, respecting legal provisions;

k) send to the central structure, respectively to teritoriale, as applicable, the decision regarding the choice by the seller of the preemptor from within the same rank;

l) completes the minutes for reporting the carrying out of the procedural stage regarding the exercise of the pre-emption right provided by law, in which the activities and actions carried out are noted in detail;

m) in case no acceptance communications have been registered, displays at the expiration of the legal term the minutes for the procedural stage regarding the exercise of the pre-emption right, with the mention that requests may be filled by potential buyers, accompanied by the supporting documents;

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

o) send to the central structure for lands over 30 ha, respectively to the territorial structures for lands up to and including 30 ha, as the case may be, in certified copies by the mayor’s officials, the purchase offers submitted by potential buyers and registered with the mayor’s office;

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

at the mayor's office;

q) send to the central structure, territorial structures, as applicable, the decision regarding the choice by the seller of the potential buyer;

r) issues the minutes for canceling the procedure if the seller submits a withdrawal request of the sale offer; the minutes are communicated, in copy, by mail or email, to the central or territorial structure, as appropriate, as well as to A.D.S.;

s) issues the minutes for finalizing the procedure, in case no purchase offers were registered;

t) establishes, organizes, and manages the Registry for recording the offers to sell agricultural land located outside built-up areas, on paper and in electronic format, which must contain at least information regarding the seller’s identification data, the area of agricultural land outside the built-up area offered for sale, the category of use, the sale price, the location identified by tarl and plot or, as the case may be, the location of lands established by the location and delimitation plan of the property drawn up in the national Stereographic 1970 projection system, issued by the territorial office following the reception of the cadastral documentation for the property for which the permit was requested, the minutes completed for each stage of the procedure, the minutes for finalizing the procedure, as well as the buyer’s identification data and the ownership transfer deeds;

u) send, at the request of the central/territorial structure, the data and information recorded in the registry, on paper or in electronic format.

Alienation through sale of agricultural land located outside built-up areas is done with observance of the substantive and formal conditions provided by Law no. 287/2009 on the Civil Code, republished, with subsequent amendments, and the pre-emption right, at the price and in equal conditions with those provided in the offer, in the following order:

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

b) preemptors of rank II: owners of agricultural investments for orchards, vineyards, hops, exclusively private irrigation, found on the lands that are the object of the sale offers and/or lessees. If on the lands subject to sale there are agricultural investments for orchards, vines, hops, and for irrigation, priority to purchase these lands is held by the owners of these investments;

c) preemptors of rank III: owners and/or lessees of agricultural land adjacent to the land subject to sale;

d) preemptors of rank IV: young farmers;

e) preemptors of rank V: the Academy of Agricultural and Forestry Sciences «Gheorghe Ionescu-Șișești» and research-development units from the fields of agriculture, forestry, and food industry, as well as educational institutions of agricultural profile, for purchasing agricultural lands outside built-up areas with the strictly necessary destination for agricultural research, located near the lots existing in their ownership;

f) preemptors of rank VI: individuals with domicile/residence located in the administrative-territorial units where the land is located or in neighboring administrative-territorial units;

g) preemptors of rank VII: the Romanian state, through the State Domains Agency.

The lessee who wishes to purchase the leased agricultural land located outside the built-up area must possess this status on the basis of a validly concluded and registered lease agreement according to legal provisions with at least one year before the date of posting the sale offer at the mayor's office and must fulfill the following requirements:

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 the registration of the sale offer of the agricultural lands located outside the built-up area;

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

c) in the case of lessee legal entities with shareholders as legal entities, the shareholders/associates controlling the company must prove their domicile/residence/headquarters/main office located on

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

In the event of exercising the pre-emption right by young farmers, priority to purchasing the land subject to sale is given to the young farmer who carries out livestock activities, complying with the requirement of domicile/residence established on the national territory for at least one year prior to the registration of the sale offer of agricultural land located outside the built-up area.

In case of exercising the pre-emption right by owners of neighboring agricultural land, priority for buying agricultural land located outside the built-up area is established as follows:

a) the owner of neighboring agricultural land who shares the largest common border with the land that is the object of the sale offer;

b) if the land subject to the sale offer has two large sides or all sides equal, priority for purchasing this land goes to the neighboring agricultural land owner, young farmer, who has domicile/residence located on national territory for at least one year prior to registering the sale offer of agricultural land located outside the built-up area;

c) owners of neighboring agricultural land sharing a common border with the land subject to sale, in descending order of the length of the common border with the respective land;

d) if the large side or one of the equal sides of the land subject to the sale offer borders on a territory of another administrative-territorial unit, priority for purchasing the land is given to the owner of the neighboring agricultural land with domicile/residence in the administrative-territorial unit where the land is located.

Alienation through sale of agricultural land located outside built-up areas on which archeological sites are placed are to be carried out according to the provisions of Law no. 422/2001 regarding the protection of historical monuments, republished, with subsequent amendments and additions.

The request and use of the land registry excerpt or, according to the law, of the encumbrance certificate and the cadastral documentation valid at the conclusion of property transfer contracts regarding real estate and other real rights serve as full proof of good faith for both parties to the contract, as well as in front of the public notary regarding the seller’s ownership of the property being sold as per the description in the land registry.

In the event that the holders of the pre-emption right do not express their intention to buy the land, alienation through sale of agricultural land located outside built-up areas can be carried out to individuals with the cumulative compliance with the following conditions:

a) to have domicile/residence located on the national territory for at least 5 years prior to registering the sale offer;

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

c) to be registered with the Romanian tax authorities for at least 5 years prior to registering the sale offer of agricultural land located outside the built-up area.

In the event that the holders of the pre-emption right do not express their intention to buy the land, alienation through sale of agricultural land located outside built-up areas can be carried out to legal entities with cumulative compliance with the following conditions:

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

b) to carry out agricultural activities on the national territory for at least 5 years prior to the registration of the sale offer of agricultural land located outside built-up areas;

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

d) the associate/shareholder, natural person, who controls the company to have domicile located on

the national territory for at least 5 years prior to the registration of the sale offer of agricultural land located outside built-up areas;

e) if in the structure of legal entities, the associates/shareholders controlling the company are other legal entities, the associates/shareholders controlling the company must prove domicile/residence/registered office/secondary office located on the national territory for at least 5 years prior to the registration of the sale offer of agricultural land located outside built-up areas.

In the case of non-exercising the pre-emption right, potential buyers may file with the mayor's office a file that includes supporting documents within 30 days from the expiration of the 45 working days period.

If the pre-emption right is not exercised, and if none of the potential buyers, within the legal term, meets the conditions to purchase agricultural land outside built-up areas, alienation by sale may be carried out to any natural or legal person.

Agricultural land situated outside built-up areas may be alienated, by sale, before the expiration of 8 years from the date of purchase, with the obligation of the sellers to pay a tax rate of 80% applied to the positive difference between the value of the agricultural lands at the date of sale and that at the date of purchase, determined according to the reference value established by the expertise carried out by the notary publics' chamber or the minimum value established by the market study carried out by the notary publics' chambers, as the case may be, from the respective period.

In case of alienation, by sale, of the controlling package of legal entities owning one or more agricultural lands located outside built-up areas and representing more than 25% of the assets provided in para. (5) point 1 and to the extent that the alienation occurs before the expiration of 8 years from the acquisition of any of these lands, the natural and/or legal person alienating is obliged to pay a tax rate of 80% applied to the positive difference between the value of the lands at the time of alienating the controlling package and that at the time of acquiring the lands, determined according to the reference value set by the expertise drawn up by the notary public’s chamber or the minimum value established by the market study carried out by the notary public’s chambers, as the case may be, of the respective period. If the legal entity owns several agricultural lands located outside built-up areas, the 80% quota is applied to the total value calculated by adding up the positive differences for lands acquired within at most 8 years before alienation of the controlling package, without taking into account the negative differences.

Owners of agricultural land located outside built-up areas have the obligation to use them exclusively for carrying out agricultural activities from the date of purchase, and if there are agricultural investments for orchards, vineyards, hops, and exclusively private irrigation on the agricultural land, the agricultural use of this investment will be preserved.

In all cases in which it is requested to issue a court decision that takes the place of a sale contract, the action is admissible only if the pre-contract is concluded in accordance with Law no. 287/2009, republished, with subsequent amendments, and the legislation in the field, as well as if the property subject to the pre-contract is registered for tax and in the land registry.

The seller registers, at the mayor's office in the administrative-territorial unit where the land is located, a request by which he requests the posting of the sale offer for the agricultural land located outside built-up areas, in order to make it known to preemptors. The request is accompanied by the offer to sell the agricultural land and supporting documents.

Within 5 working days from the date of registration of the application, the city hall is obliged to post for 45 working days the sale offer at its headquarters and, as the case may be, on its website.

The city hall has the obligation to transmit the structure within the central apparatus of the Ministry of Agriculture and Rural Development, hereinafter referred to as the central structure, respectively to the county agriculture directorates or Bucharest municipality, hereinafter referred to as territorial structures as the case may be, as well as the State Domains Agency, a file which comprises the list of preemptors, copies of the request for posting the

sale offer and supporting documents, the minutes of posting the offer, within 5 working days from the date of registering the documentation.