News
Tax & Legal Weekly Alerts
2016
Our weekly Tax & Legal Alerts provide you with information on different tax and legal issues in Romania.
News on the declaration of packaging for which the responsibility was transferred
Since June, the Emergency Ordinance no. 39/2016 introduced the obligation of economic operators who take over the transfer of responsibility for packaging, to pay for the difference between annual objectives for which they took responsibility and the quantities actually recovered.
To implement this provision in practice, in January a new order will be published containing the new statement form to the Environment Fund through which operators can enter the quantities of packaging waste for which transferred the responsibility, thus reducing the amount to be paid.
The entry into force of Law no. 151/2015 on insolvency procedures applicable to individuals was postponed for 1 August 2017
According to a press release published on 16 December, in its meeting dated 15 December 2016, the Government approved, through an emergency ordinance, the postponement of the entry into force of Law No. 151/2015 on insolvency procedures applicable to individuals for 1 August 2017.
Draft orders regarding large and medium taxpayers
On December 13, 2016 were published two draft orders issued by the President of National Agency for Fiscal Administration regarding the organization of the administration activity for large and medium taxpayers.
15 February 2017 - Deadline for registration of economic operators that distribute and sell with or without storage, energy products, alcohol or tobacco
The validity of the current trade certificate for energy products, alcoholic beverages and / or tobacco products was extended to 15 February 2017.
Amendments to the Fiscal Code
Law no. 227/2015 regarding the Fiscal Code was amended and supplemented by the Emergency Ordinance no. 84/2016 for amending and supplementing normative acts from financial and fiscal domain, published in the Official Gazette no. 977/06.12.2016.
Amendments to the Tax Procedure Code
Law no. 207/2015 regarding the Tax Procedure Code was amended according to the Emergency Ordinance no. 84/2016, amending and supplementing certain normative acts in the financial and fiscal domain, published in the Official Gazette no. 977/06.12.2016.
Preliminary proposals for the Code of Cultural Heritage
The preliminary proposals for the Code of Cultural Heritage represent the general framework to establish the principles of the future legislation which will codify the regulations which safeguard the national cultural heritage.
Law amending and supplementing Law no. 51/2006 on community public utilities services
Law no. 225/2016 amending and supplementing Law no. 51/2006 on community public utilities services has been published in the Official Gazette.
Government Decision no. 500/2011 on the general registry of employees was amended
On 28 November 2016, the Government Decision for the amendment of the Government Decision no. 500/2011 on the general registry of employees was published in the Official Gazette no. 963.
Law no. 233/2016 on public-private partnership
Law no. 233/2016 on public-private partnership has been enacted and published in the Official Gazette no. 954 from November 25, 2016, in the form sent for promulgation.
Significant changes brought to Law no. 50/1991 regarding the authorization for construction works
The main amendments brought by Law no. 197/2016 approving the Government Emergency Ordinance no. 22/2014 for amending and supplementing Law no. 50/1991 regarding the authorization for construction works refers to the issuance of building permits, namely their content, the procedure for issuing an urbanism certificate and the abrogation of district mayors’ approval.
Limitations on the marketing of breastmilk substitutes (and of similar products)
As of May 11, 2017, both producers and distributors of breastmilk substitutes (and of similar products) can conduct marketing activities with regard to these products under strictly regulated conditions.
New Law on public-private partnership
Law no.457/2016 on public-private partnership has been sent for promulgation on November 14, 2016.
New customs simplification – Submission of customs declaration prior to the presentation of goods to customs
National Customs Directorate has announced that the RCDPS application has been upgraded with procedure codes allowing the submission of an import customs declaration prior to the presentation of goods to customs. This simplification will shorter the waiting time for customs release of goods.
Law proposal regarding the approval of the Government Ordinance no. 10/2016 regarding the modification and amendment of Law no. 422/2001 with regards to the protection of historical monuments
On 14 November 2016, the law proposal regarding the approval of the Government Ordinance no. 10/2016 (“PL O.G. 10/2016”) regarding the modification and amendment of Law no. 422/2001 (the “Law”) with regards to the protection of historical monuments was sent to the Romanian President for promulgation.
Legislative proposal for the completion of art. 456 of Law no. 227/2015 regarding the Fiscal Code
On the 7th of November 2016 the legislative project regarding the completion of art. 456 regarding tax exemptions for buildings from Law no. 227/2015 regarding the Fiscal Code was sent to the permanent commissions of the Deputies Chamber.
New regulations regarding the administrations of harbors and waterways, the use of the naval transport infrastructure part of the public domain, as well as the naval transport activities in harbors and internal waterways
On the 14th of November 2016 the legislative proposal to amend and complete the Government Ordinance no. 22/1999 regarding the administration of harbors, the use of naval transport infrastructure part of the public domain, as well as the naval transport activities in harbors and internal waterways was sent to the President of Romania to be promulgated.
Tax agreement between Hong Kong and Romania ratified by Romania
The High Court of Cassation and Justice ruled that a person performing work in favor and under the supervision of another party in the absence of a written individual employment agreement may file a declaratory judgment action in view of ascertaining the existence of employment relations and the legal effects thereof
According to a statement published on the Supreme Court’s website on 7 November 2016, the High Court of Cassation and Justice (the Panel for ruling on legal matters) has ruled that the courts of law can ascertain both the existence of employment relations and the legal effects thereof, including after the termination of the employment relations.
The European Commission has adopted a new common procedure for denaturing alcohol, effective from 1 August 2017
The new procedure for the complete denaturing of alcohol becomes binding in all Member States and will replace the national denaturing procedures.
The Combined Nomenclature in force in 2017
The European Commission has recently published the Combined Nomenclature (“CN”) applicable starting 1st of January 2017. Consequently, starting January, you will need to use the new CN codes for customs and excise operations, Intrastat declarations and for operations performed on the basis of a customs and fiscal authorisations issued on CN 2016 tariff codes.
OECD issues guidance on Action 14 peer reviews
On October 20, 2016, the G20/OECD and other countries participating in the ‘Inclusive Framework’ on base erosion and profit shifting (i.e. ”BEPS”) published key documents for infrastructure for peer review and monitoring of Mutually Agreement Procedure (i.e. MAP) under Action 14 of the BEPS Action Plan.
Draft Law regarding the approval of the accession of Romania as an associate member to the BEPS project
The Romanian Parliament issued the draft law regarding the accession of Romania as an associate member to the BEPS project initiated by OECD.
New Methodology for the calculation of the maximum price for medicine for human use
The Romanian Government has approved a new Methodology regarding the calculation method and the approval procedure of the maximum prices for medicine destined for human use with marketing authorization in Romania.
The new regulation repeals the Norms regarding the manner of calculating the prices for medicines for human use, approved through Order of the Ministry of Health no. 75/2009. The main modification include the introduction of an annual correction procedure for the prices of prescription medicine (Rx).
New mechanism for preventing conflict of interest
Law 184/2016 on the establishment of a mechanism for preventing conflict of interest within the procedures for awarding public procurement contracts will enter into force starting with 20 June 2017.
The new Proposal for a Council Directive on a Common Corporate Tax Base intends to “attribute income to where the value is created”
The draft proposal of the Common Corporate Tax Base Directive was released on October 25.
Its objectives are to attenuate the distortions resulting from the current interaction of 28 national tax regimes and create more favorable conditions for cross-border investment in the single market that would be better achieved at Union level through a mandatory single set of corporate taxation rules.
Law 186/2016 regarding certain measures for some categories of individuals to enroll in the public insurance pension system has been adopted
Based on this law, individuals who are not retired can pay pension contributions for the period during which they were not insured within the public pension system or within a non-integrated pension insurance system.
The dismissal decision on reasons other than disciplinary will be considered valid communicated to the employee by email, the High Court of Cassation and Justice ruled
According to a statement published on the Supreme Court’s website on October 24, 2016, the High Court of Cassation and Justice (the Panel for ruling on legal matters) has ruled that individual dismissal decisions issued in accordance with Article 76 of the Labor Code can be communicated via e-mail.
Law on taxation of activities in the HoReCa industry is adopted
Under Law no. 170/2016, taxpayers that perform activities in the HoReCa industry (hotels, restaurants, coffee shops) must apply specific rules regards the computation, declaration and payment of corporate income tax.
The law will enter into force on 1 January 2017 and will apply to taxpayers that meet the conditions regarding the specific activity as at 31 December of the previous year.
The Law no. 211/2011 on waste regime was amended
Last week, the law on waste regime was amended. The main change relates to the application of the principle "Pay as you throw" - with the purpose of stimulation of separate waste collection and to contribute to the fulfilment of the recycling/recovering target at country level.
China reduces custom duties on imports of IT products
The Tariff Committee of the State Council and the General Administration of Customs announced that Popular Republic of China will reduce the import duty rate on IT products covered by the Information Technology Agreement (ITA).
Law no. 151/2015 on insolvency procedures applicable to individuals may enter into force on 31 October 2016
The Chamber of Deputies has approved the draft law under which Law no.151/2015 on insolvency procedures applicable to individuals will enter into force on 31 October 2016, following the President’s promulgation of the draft law. The deadline has been pushed forward from the previously announced date of 31 December 2016, although there is currently no legal and administrative framework for implementing such law.
A dismissal decision may be revoked until it is communicated to the employee
Decision no. 18/2016 of the High Court of Cassation and Justice (the Panel for ruling on legal matters) ruled that an employer may revoke a decision to terminate an individual employment agreement only by the date the employee is notified of this decision.
Accepting an employee to work while the individual employment agreement is suspended represents a civil offense, the High Court of Cassation and Justice ruled
By Decision no. 20/2016, the High Court of Cassation and Justice (the Panel for ruling on law matters) ruled that the provisions of Article 260 (1) e) of the Labour Code, according to which „receiving up to 5 people to work without concluding an individual employment agreement, as per article 16 (1)” is a civil offense, are also applicable when employees are accepted to work based on a suspended individual employment agreement.
The Chamber of Deputies had formally approved on September 20, 2016 the Law for tax on specific activities
The Law regarding the tax on specific activities (activities performed in the area of hotels, restaurants and bars), also known as the “HoReCa Law”, was adopted in the final form by the Chamber of Deputies on September 20, 2016, being applicable as of January 1, 2017.
By exception from the Title II of the Fiscal Code regarding corporate income tax, “HoReCa Law” establish a new type of a tax on specific activities.
Bill granting National Authority for Consumer Protection similar sanctioning powers to those of the Competition Council
A bill for amending the statute of the National Authority for Consumer Protection (“NACP”) is currently pending before the Senate. Among other substantial changes, the bill provides the NACP sanctioning powers similar to those of the Competition Council, and in some instances it would allow the Authority to take even stricter measures. More precisely, if the bill is adopted, NACP may impose fines ranging from 0.5% to 10% of a company’s turnover. If the penalized company is part of a group of companies, in order to determine its turnover, the cumulative turnover of the group will be taken into consideration, according to its consolidated financial statements. If applying sanctions by reference to turnover is justified in the competition field due to the negative impact that anticompetitive practices have on the market, applying a similar sanctioning mechanism in the consumer protection field seems disproportionate.
The Chamber of Deputies had formally approved on September 20, 2016 the Law for tax on specific activities
The Law regarding the tax on specific activities (activities performed in the area of hotels, restaurants and bars), also known as the “HoReCa Law”, was adopted in the final form by the Chamber of Deputies on September 20, 2016, being applicable as of January 1, 2017.
By exception from the Title II of the Fiscal Code regarding corporate income tax, “HoReCa Law” establish a new type of a tax on specific activities.
Bill granting National Authority for Consumer Protection similar sanctioning powers to those of the Competition Council
A bill for amending the statute of the National Authority for Consumer Protection (“NACP”) is currently pending before the Senate. Among other substantial changes, the bill provides the NACP sanctioning powers similar to those of the Competition Council, and in some instances it would allow the Authority to take even stricter measures. More precisely, if the bill is adopted, NACP may impose fines ranging from 0.5% to 10% of a company’s turnover. If the penalized company is part of a group of companies, in order to determine its turnover, the cumulative turnover of the group will be taken into consideration, according to its consolidated financial statements. If applying sanctions by reference to turnover is justified in the competition field due to the negative impact that anticompetitive practices have on the market, applying a similar sanctioning mechanism in the consumer protection field seems disproportionate.
New sanitary and veterinary conditions for imports, exports, transit and intra-Community trade with food products having non-animal origin
After almost 6 years from the last amendment, the National Sanitary Veterinary and Food Safety Administration has published a legislative draft on its website, amending and updating the norms that regulate imports, exports, transit and intra-Community trade of products having non-animal origin.
The most important amendment extends the list of products having non-animal origin subject to sanitary and veterinary border controls in the case of imports performed in Romania.
Draft of the order for the implementation of new contributions to the Environmental Fund
Given that new contributions to the Environmental Fund were introduced two months ago (for electrical and electronic equipment, batteries and accumulators) a methodology for computing these contributions and taxes was necessary.
Guidelines for qualifying under the income tax exemption for applied research and development and/or technological development activities
On 16 September 2016 the authorities published the Order no. 4947/899/2018/1840/906 for qualifying as applied research and development and/or technological development activities, which regulates the guidelines for implementing the provisions of art. 60, pt. 3 from Law no. 227/2015 regarding the Fiscal Code.
New regulations on fire safety and civil protection authorizations applicable starting from 1 September 2016
Order no. 129/2016 of the Ministry of Internal Affairs approves the new Methodological Norms on fire safety and civil protection authorization procedures. The previous regulations, namely the Order of Ministry of Internal Affairs no. 3/2011 on the Methodological Norms on fire safety and civil protection permitting and authorization procedures and the Order Ministry of Internal Affairs no. 130/2007 on the methodology regarding execution of fire safety scenarios, were repealed with effect from 1 September 2016.
Implementation of Common Reporting Standards (CRS)
On 24th August 2016, the Ministry of Public Finance published the Order for implementing and applying procedures of the CRS. The new legislative act provides the actions/procedures for meeting the fulfilment of the obligations provided by the Romanian Fiscal Procedure Code (article 62, paragraph 2), with the purpose of counteracting tax avoidance and tax evasion practices.
New legislation regarding categories of buildings and establishments subject to fire safety permitting and/or authorization
On 16 August 2016, Government Decision no. 571/2016 approving the categories of buildings and establishments that are subject to fire safety procedures for permitting and/or authorization was published in the Official Gazette of Romania. This Decision entered into force on the publication date and replaces former Government Decision no. 1739/2006.
Change in the VAT registration / default VAT deregistration procedure starting with 17th August 2016
Order no. 2.393/2016
New provisions regarding batteries and accumulators and waste batteries and accumulators
New requirements have been established for placing batteries and accumulators on the market as well as specific rules concerning the collection, treatment, recycling and disposal of waste batteries and accumulators. This has been done to increase the environmental performances of batteries and accumulators as well as the activities of all economic operators involved in their life cycle.
Registration of economic operators that distribute and sell with or without storage, energy products, alcohol or tobacco
Economic operators who trade and wholesale, with or without storage, energy products and alcoholic beverages and / or tobacco or who intend to retail energy products will need to register in this regard.
Also, economic operators who hold such certificates have 90 days to submit a new application for registration.
Significant changes brought to Law no. 10/1995 on construction quality
The main amendments brought by Law no. 163/2016 for amending and supplementing Law no. 10/1995 on construction quality refer to the legislative regulation of minimum warranty periods regarding the quality level of constructions depending on their significance category, as well as to the extension of the prescription term provided for applying sanctions.
In addition, the certification obligation is established for companies or individuals working in constructions (i.e. design, execution and consultancy), while the obligations incumbent on investors, owners and construction users are extended and the limits on sanctions applied to various contraventions are doubled. Moreover, following these amendments, new deeds are to be sanctioned as contraventions.
Draft Order of the Ministry of Finance - Clarifications related to the implementation of FATCA and CRS
On the 18th of July, the Ministry of Finance has published a draft Order with respect to the reporting obligations under the international legislation ratified by Romania. More specifically, the Order presents clarifications and norms of implementation related to the Common Reporting Standard (“CRS”) and the Foreign Account Tax Compliance Act (“FATCA”).
OECD releases guidance on the implementation of Country-by-Country reporting
Deloitte launched CDX tool
In the context of the OECD’s release of Guidance on the Implementation of Country-by-Country (CbC) Reporting and Romania’s accession to the BEPS implementation Forum, Deloitte has developed a tool designed to help businesses visualize the potential impact of the Country-by-Country Reporting requirements.
OECD releases discussion draft on revised guidance on profit split
The OECD released on July 4 a Discussion Draft on Revised Guidance on Profit Split. The document does not reflect, at this stage, a consensus position of the governments involved, but it is designed to provide substantive proposals for public review and comment.
The new Norms regarding the deduction for corporate income tax purposes for research and development expenses
The Norms were approved through the joint set out Order 1056/4435/2016. The amendments bring clarifications, as well as some novelty items expected by the business environment.
New provisions regarding the management of packaging, electrical and electronic equipment, batteries and portable accumulators
Following the blockage in the market and the impossibility of achieving the recycling / recovery objectives set by the European Union, the national provisions regarding the contributions to the Environmental Fund were amended. The most important change is the introduction of a contribution for operators who place on the Romanian market electrical and electronic equipment, batteries and portable accumulators.
OECD Council on May 23rd had formally approved the amendments to the Transfer Pricing Guidelines set out in the 2015 BEPS report
In the press release, the OECD stated that “the amendments provide further clarity and legal certainty about the status of the BEPS changes to the Transfer Pricing Guidelines,” which were endorsed by the Council on October 1st, 2015, by the G20 Finance Ministers on October 8th, 2015, and by the G20 leaders on November 15th-16th, 2015.
Memorandum on the approval of Romania’s accession as an associate to the BEPS implementation Forum, initiated by OECD
On May 24th, 2016, the Ministry of Finance issued a memorandum on the approval of Romania’s accession as an associate to the BEPS implementation Forum, initiated by OECD.
European Council Directive regarding the mandatory automatic exchange of information in the field of taxation
Friday, June 6th, the European Union Council adopted the Directive (UE) 2016/881 of the Council from May 25th, 2016 which modifies the Directive 2011/16/UE regarding the mandatory automatic exchange of information in the field of taxation.
EU Council reached political agreement on the Anti-Tax Avoidance Directive
The Directive, which will be formally adopted in an upcoming EU Council meeting, sets forth the rules for addressing tax avoidance practices affecting the functioning of the internal market.
The new legislative framework on public procurement and concession of works and services was published in the Official Gazette
The new legislation regulating public procurement and the concession of works and services was published in Official Gazette no. 390, 391, 392, 393 on 23rd of May of 2016.
The legal framework implements the EU Directives on public procurement and concession of works and services, respectively Directives 2014/23/EU, 2014/24/EU and 2014/25/EU and shall enter into force on 26th of May of 2016.
Deadline extension for FATCA reporting
The deadline for the financial institutions on reporting the information requested by the Agreement signed between Romania and the United States of America for the improvement of the international tax compliance and for the implementation of FATCA was extended until 31 August 2016.
Employers will no longer have the possibility to suspend the individual employment contracts during the disciplinary investigation of employees
On 05.05.2016, the Constitutional Court ruled that art. 52 Para (1) letter a) of Law no. 53/2003 on the Labor Code (”Labor Code”), which regulates the employer’s right to suspend the individual employment agreement during the prior disciplinary investigation is unconstitutional.
New EU Data Protection Regulation has been approved
On 14 April 2016 the European Parliament approved the new General Data Protection Regulation.
It replaces the current data protection directive, i.e. Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data and makes an uniform level of data protection throughout the European Union, being directly applicable in all of member states.
Order no. 1105 of 29 March 2016 for amending the 394 statement on transactions carried out on the national territory
Amendments to the statement regarding transactions carried out on the national territory by VAT registered persons (informative 394 statement) have been published in the Official Gazette on 1 April 2016.
Amendments to the Fiscal Code
The Law no. 227/2015 regarding the Fiscal Code was amended and completed through Emergency Ordinance no. 8/2016, that was published in the Official Gazette no. 225/25.03.2016. The amendments relate to “Title IX – Local taxes” of the Fiscal Code.
Conventions for the avoidance of double taxation and prevention of fiscal evasion
New conventions for the avoidance of double taxation and prevention of fiscal evasions concluded by Romania and Italy, Norway, Bulgaria, respectively United Arab Emirates were published in the Official Gazette no. 217/24.03.2016, no. 218/24.03.2016, no. 220/24.03.2016, respectively no. 225/25.03.2016.
Decision regarding the automatic exchange of information adopted by the Romanian Senate
Monday, 21st of March, the Romanian Senate adopted the Decision on the Proposal for a Council Directive amending Directive 2011/16 / EU regarding the mandatory automatic exchange of information in tax matters.
The OECD released the electronic support for the automatic exchange of information between jurisdictions as part of the Country-by-Country (CbC) reporting
Last week, the OECD released, as part of Action 13 of the final BEPS package released last year, the CbC XML Schema, based on which the automatic information exchange can be performed between jurisdictions through Country-by-Country reports.
The main amendments to the Methodological Norms for applying the Fiscal Code have been published in the Official Gazette
Please note that the Methodological Norms for the application of Law no. 227/2015 regarding the Fiscal Code were amended and completed through Decision no. 159/2016 that was published in the Official Gazette no. 208/21.03.2016. As such, you will find in the document attached the most important changes brought.
Norms regarding access to EMCS-RO system have been simplified
New norms regarding economic operators’ access to EMCS -RO system for control of the movement of excisable products under excise duty suspension as well as the online submission of declarations regarding acquisitions and deliveries of excisable products have recently entered into force.
Transitional norms of the Union Customs Code regarding electronic systems were published
The transitional norms of the Union Customs Code, which will enter into force May 1st, 2016, provide that the current means for the exchange and storage of information may be used until December 31st 2020, at the latest, in cases where electronic systems that are necessary for the application of the Code’s provisions are not yet operational.
Authorization procedure for temporary storage spaces and those used in free zones
The Union Customs Code, which will come into force on May 1st, 2016, introduces the obligation that non-Community goods that are being stored temporarily ahead of being assigned a customs destination can only be stored in areas authorized in this regard.
March 1, 2016 - deadline for submission of the notification for the application of the exceptions / exemptions from the payment of excise duties
The notification procedure in the case the exceptions / exemptions from the payment of excise duties related to energy products was amended by the new Methodological Norms for the application of the Tax Code. If up to March 1, you do not submit the notification as per the new procedure you will have to pay excise duties for those products.
Clarifications regarding movement of goods under suspension of excise duties and treatment of shortages
Case C-64/15 – “BP Europa SE against Hauptzollamt Hamburg-Stadt” brought clarifications to various concepts surrounding the movement of goods under an excise duties suspension regime, including the ‘shortages’ concept and the precise moment at which such movement ends.
Restrictive measures regarding possession and release for consumption of ethylic alcohol and intermediate products in bulk
Release for consumption in bulk and bulk possession of ethylic alcohol and intermediate products outside an excise duty suspension regime is forbidden and it is punishable by seizure of products and suspension of production activity.
Amendments to the Tax Code and the Application Norms affecting the real estate industry
The most important modifications affecting the real estate industry, considering the newly published Decision no. 1/ 2016 for the approval of the Application Norms for Law no. 227/2015 regarding the Tax Code and the most recent changes to the Tax Code.
9 February: Buildings’ taxation in 2016
Deloitte tax consultants Elena Trifa and Ana Petrescu will speak about imminent changes regarding taxes on buildings, impacting both taxpayers and the entire business environment.
11 February: New FIDIC contractual issues related to claims, disputes and arbitration
Robert Ionita, Associate Partner with Reff & Associates, will speak on new FIDIC contractual issues related to claims, disputes and arbitration at Masters Conference organized by Prime Consulting.
Significant legislative amendments regarding transfer pricing
ANAF published the Order no. 442/2016 regarding the values of the transactions, the deadline for the preparation, the content and conditions for the request of the transfer pricing file and the procedure of the adjustment / estimation of the transfer prices.
This Order brings significant amendments regarding the legislation applicable in the transfer pricing area.
The main legislative amendment is represented by the introduction of the annual obligation for the preparation of the transfer pricing file applicable to large taxpayers which carry out intra-group transactions exceeding certain thresholds. The deadline for the preparation is the legal deadline set for the submission of the annual corporate income tax return. These provisions apply to the intra-group transactions carried out starting with the year 2016.
Union Customs Code – First set of transitional measures
The General Customs Directorate recently published on its website the first measures related to the transition to the new customs legislation that will enter into force on May 1st 2016. One of the most important is that until 1st April 2016, economic operators have the possibility to request extension of customs authorizations, which have limited validity.
Tougher conditions for employers imposed by recent changes to the Law on the social dialogue
The most important changes brought by Law no. 1/2016 amending and supplementing Law no. 62/2011 on the social dialogue relate to (i) the establishment of activity sectors; (ii) withholding of union dues by the employer; (iii) the association of trade unions and employers or employers’ associations; (iv) the representation of parties to collective bargaining.
Amendments to Competition Law
As of January 1st, 2016, the Competition Law was significantly amended by regulating new legal concepts (for example “competition whistleblowers”), restating the terms of settlement procedure in case of admission of guilt by undertakings during investigations of the Competition Council and by clarifying the nature of the decisions of the Competition Council and the moment when they can be put into execution by the authority.
Transitional measures regarding the guarantee letters for covering excise duties payments – deadline March 31st 2016
Economic operators who have submitted to the tax authorities guarantee letters issued by a bank that does not have a branch in Romania must resubmit by March 31st, 2016 a guarantee letter issued by a bank registered in the EU and authorized to operate in Romania.
Data Privacy Alert is published by the professionals in Deloitte Risk Advisory Services and Reff & Associates – member of Deloitte Legal network, and includes selected information on important legislative changes, court decisions, awareness events and initiatives related to personal data protection.
Changes regarding the notification of personal data processing
The Decision of the National Supervisory Authority for Personal Data Processing (“the Authority”) no. 200/2015 (the “Decision”) dated 28.12.2015 brings a significant change in connection with the obligation to notify the authority the personal data processing, respectively this will become the exception in the cases expressly provided under the law.
Is it legal to access your employees’ communications? European Court say „yes, but only in exceptional cases”
On 12 January 2016, the European Court of Human Rights (the “Court”) issued its judgment in the case of Bărbulescu v Romania and decided that although privacy should be respected in the workplace, the employers may be entitled to access their employees’ private correspondence but only in very particular circumstances.
The Methodological norms for applying the New Fiscal Code have been published in the Official Gazette
Please note that on 13 January 2016 the Methodological norms for the application of Law no. 227/2015 regarding the Fiscal Code were published. As such, you will find in the document attached below the most important modifications.
Order of the President of National Agency for Fiscal Administration regarding the deliveries/supplies and acquisitions carried out on national territory by persons registered for VAT purposes and for the approval of the domestic supplies and purchases list carried out by persons registered for VAT
On 7 January 2016 the order regarding the approval of the new form for reporting the deliveries/supplies and acquisitions carried out on national territory (domestic supplies and purchases list 394) was published.
Amendments to the Fiscal Code
Law 358/2015 approving Government Emergency Ordinance 50/2015 amending and supplementing Law no. 227/2015 regarding the Fiscal Code was published in the Official Gazette no. 988 dated December 31st, 2015. This law brought a number of changes to the order published on November 3rd, 2015.
Amendments to the procedure for issuing Advanced Tax Rulings and Advanced Pricing Agreements
Order of the National Agency for Fiscal Administration approving the procedure for issuing advance tax rulings ("ATR") and the application content was published in Official Gazette no. 964 dated December 24th, 2015.
Order of the National Agency for Fiscal Administration approving the procedure for issuing advance pricing agreements ("APA") and the application content was published in the Official Gazette no. 972 dated December 29th, 2015.
The Tax Authority has published the implementation procedure on penalties for reporting failure
The procedure that regulates penalties for reporting failure imposed by the New Fiscal Procedure Code was published.
The Tax Authority has published new rules for the administration of large and medium taxpayers
New orders on the administration of large and medium-sized taxpayers were published.
Approved regulations and orders
Several orders and regulations of the National Bank of Romania ("NBR"), the National Agency for Fiscal Administration ("ANAF") and the Financial Supervisory Authority ("FSA") were approved between 22nd – 31st December.
Official publication of the Union Customs Code Delegated Act and Implementing Act
The Delegated Act and the Implementing Act of the Union Customs Code were published in the Official Journal of the European Union on December 29, 2015 and will enter into force as of May 1, 2016.