Romanian Environment Min: ECJ Ruling On Pollution Tax Refers To Older Version

The current form of the government ordinance implementing the tax was developed in December 2010, after consultations with European Commission experts. The pollution tax is charged when a vehicle is first registered in Romania, regardless of the vehicle’s origin or the owner’s nationality, said the ministry.

In addition, according to the ministry, the ECJ „did not rule on the act’s legality,” but „interpreted” the provisions of the Treaty on the European Union, whereby „a member state may not introduce a pollution tax applicable to all vehicles upon their first registration, if it discourages the circulation in that state of vehicles bought in other member states.”

The ministry said the ECJ’s judgment notes that the amendments to the original act, implemented in 2008, may not be applied retroactively and thus, cannot discriminate between vehicles registered before and after the act entered force.

The ECJ said Thursday, in a judgment issued on the request of a Romanian court, that the car pollution tax is contrary to European Union law, since it discourages the sale of second-hand vehicles purchased in other member states to Romania.

„The pollution tax introduced by Romanian legislation, levied on vehicles on first registration in Romania, is contrary to EU law. [It] has the effect of discouraging the import and placing in circulation of second-hand vehicles purchased in other Member States,” says a court press release published Thursday.