The Ministry of Finance (MF) and the National Agency for Fiscal Administration (ANAF) announce the completion of the e-Transport application, which monitors road transport on the national territory of goods with high fiscal risk and international road transport of goods. The provisions on the offenses related to the non-compliance by the transport vehicle driver and the transport operator with obligations related to vehicle positioning and the UIT code will be applicable starting September 1, 2024. Only for authorized economic operators, the application of sanctions provided by the e-Transport legislation was postponed until January 1, 2025. The official press release translated in English is available here.

During the period from 15 July 2024 to 31 August 2024, the application will be in the technical parameter testing phase. Therefore, we specify that the provisions of Article 13^1 (d) and (e) of Emergency Ordinance (OUG) no. 41/2022 regarding offenses related to the non-compliance by the transport vehicle driver and the transport operator with obligations related to vehicle positioning and the UIT code (as detailed below - relevant extracts from OUG 41/2022) will be applicable starting September 1, 2024.

Extracts - relevant provisions of Emergency Ordinance (OUG) no. 41/2022

Article 13
(1) The following acts constitute offenses unless they are committed under such conditions that, according to criminal law, they are considered crimes:

(...)
d) Failure by the driver of the transport vehicle to comply with the provisions of Article 8³ and Article 10, paragraph (1);
e) Failure by the transport operator to comply with the provisions of Article 8².

(..)

Article 8²
(1) The road transport operator is obliged to ensure the transfer of current positioning data of the transport vehicle, which are the subject of the declaration, throughout the entire route of transporting goods that are subject to monitoring through the RO e-Transport System.
(2) The road transport operator is obliged to equip transport vehicles with telecommunication terminal devices that use satellite positioning and data transmission technologies mentioned in Article 4, paragraph (1), letter b1).
(3) The provisions of paragraph (2) do not apply if the positioning data of the transport vehicle are transferred by its devices.
(4) The road transport operator is obliged to provide the driver with the UIT code received according to the provisions of Article 8, paragraph (2).

Article 8³
In the case of goods transport provided in Article 1, paragraph (2), the transport vehicle driver is obliged to activate the positioning device before starting the transport on the national territory and to deactivate the positioning device only after delivering the goods at the declared delivery location on the national territory or after leaving the national territory.

(..)

Article 10
(1) The driver of the transport vehicle is obliged to present, upon request by competent authorities from the National Agency for Fiscal Administration or from the Romanian Customs Authority, as well as upon request by officers and agents of the Romanian Police, the documents accompanying the transport of goods that are subject to monitoring through the RO e-Transport system, along with the UIT code provided according to the provisions of Article 82, paragraph (4).