New legislative provisions regarding the RO e-Transport System: GEO no. 129/2024

The takeaway 

Government Emergency Ordinance (GEO) no. 129/2024 regarding the amendment and completion of the GEO no. 41/2022 for the establishment of the national system for monitoring the road transport of goods RO e-Transport and repealing art. XXVIII of GEO no.130/2021 regarding some fiscal-budgetary measures, the postponement of some deadlines, and the amendment and completion of certain normative acts, has been published in the Official Gazette.

In detail

The new legislative act GEO no. 129/2024 introduces the possibility for economic operators to amend certain data within the RO e-Transport System after the unique transport identifier (UIT) code ceases to be valid. Thus, economic operators need to amend some declared data (e.g. the name, characteristics, quantities and value of the transported goods). They can make those amendments after the UIT code ceases to be valid, but no later than the twenty-fifth day of the month following that in which the transport of goods has been finalised.

Another amendment introduced refers to changes brought to the methodology for the application of the RO e-Transport sanctions:

• Failure to comply for the first time with RO e-Transport obligations for an international road transport of goods (e.g. missing of UIT code, erroneous declaration of the quantities of transported goods and use of the UIT code beyond its validity period) will be subject only to a fine ranging from RON 10,000 to RON 50,000 in the case of individuals or to a fine ranging from RON 20,000 to RON 100,000 in the case of economic operators.

• Failure to comply for the second time with RO e-Transport obligations within 12 months from the commitment of first sanction, the fine mentioned above will be applied along with the seizure of 15% of the value of the undeclared goods.

• For failure to comply with RO e-Transport obligations for the third time, the same sanction as mentioned above will be applied, but the complementary sanction for seizure of the value of the undeclared goods will be of 50%. 

• If the economic operator fails to comply for the fourth time, the same sanction will be applied, but the seizure of the value of the undeclared goods will be fully applied (100%).

• Sanctions will be applied accordingly, taking into account the economic operator’s situation, including the facts to date, such as the sanctions recorded in the previous 12 months. 

• By exception regarding the above, the complementary measure of the value seizure for the undeclared transported goods is not applicable if findings resulting from subsequent inspections performed by the authorities after the road transport of goods has been completed, if the economic operators succeed in proving that the data regarding completed transports were registered in their justifying documentation for their accounting records and systems for that period.

The transport operator’s obligations to ensure the transfer of vehicle positioning data, equipping the transport vehicles with telecommunications terminal devices, as well as providing the vehicle driver with the UIT code, have been suspended until 31 March 2025.

The new legislative modifications of the GEO no. 41/2022 will enter into force within 10 days as of the date of entry into force of the present emergency ordinance.

Source: [Government Emergency Ordinance no. 129/2024 for the modification and completion of some normative acts, as published in Official Monitor no. 1124 dated 11 November 2024]