Klaus Iohannis attacks the law amending the solidarity tax at the CCR

“Compared to the normative content of the law submitted for promulgation, we believe that some provisions are not sufficiently clear, so as to provide the security of not generating problems in application and, therefore, they require to be reanalyzed by the Parliament. Thus, it is necessary to reanalyze and clarify the calculation mechanism regarding the temporary solidarity contribution, in order to avoid situations in which the application of the rules would be difficult or would generate other effects than those sought by the legislator. (…) Against the arguments presented above and considering the exclusive legislative competence of the Parliament, we request you to re-examine the Law for the approval of the Government’s Emergency Ordinance no. 186/2022 regarding some measures to implement Council Regulation (EU) 2022/1.854 of October 6, 2022 regarding an emergency intervention to address the problem of high energy prices”, the notification made by the head of state states.

The legislative initiative was adopted at the end of March, with amendments. Thus, the deputies introduced provisions by which the determination of the share in the turnover of the activities related to the extraction of crude oil, natural gas, oil, the manufacture of coke oven products and products obtained for oil refining is carried out by including several elements.

“The amendment to PLX128/2023 (Solidarity Contribution) proposed by me was taken over by the Coalition and was voted unanimously in the budget committee and adopted in the plenary session of the Chamber of Deputies. The amendment regulates the fair placement of the fiscal burden in the payment of the solidarity contribution, equity and transparency in the market. It aims to clarify the way of determining the share of activities in the turnover in the view of the internal normative act and in the light of the EU legal act. In the absence of the introduction of these procedural provisions to establish the concrete method of establishing the taxpayers that fall under the scope of the normative act, the law could have been applied in a discriminatory manner towards taxpayers in the same segment of the market, the discrimination being generated by the structure of the business model of each individual taxpayer (some having a business model consisting of an activity corresponding to a single CAEN, others having several activities on multiple CAEN), but not the fact that some have benefited or not from the increase conjunctural price. The legislative clarification therefore aims to avoid the non-unitary application of national and implicitly Union regulations and the imminent risk of distortion of the competitive market at the internal and Union level, considering that national economies are interconnected. I thank my colleagues from the PNL and from all the parties of the Coalition for their support! May God help and protect Romania”, PNL deputy Alexandru Nazare wrote on Facebook.