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President Radev addresses Constitutional Court over government's decision to tax Russian gas transit

Photo: BGNES

Head of State Rumen Radev has asked the Constitutional Court to review a newly introduced tax on the transit of Russian pipeline gas. The provisions of the Restrictive Measures against Russia Control Act impose 'energy taxes' on the import of Russian natural gas into Bulgaria and its transit through the country's territory to Europe.

The President points out that a number of regulations laid down in the Bulgarian Constitution have been violated and that the legality of the newly introduced 'tax' is questionable. It is also unclear whether it is a tax, a fee or a duty.
The law introducing the tax violates the principles of guaranteeing the right to property and free economic initiative, and was adopted in violation of the rules for exercising legislative initiative and the rule of law, the president added. Radev stressed that the EU member states are in a common customs union and that there is a ban not only on customs duties between the countries of the union, but also on the unilateral imposition of "all charges having equivalent effect to customs duties".
In his letter, the President recalls that relations between EU Member States and third countries are governed by a Common Customs Tariff set by the EU Council on a proposal from the European Commission. Moreover, the EU sanctions regime does not provide for Member States to impose additional restrictions on their own territory.

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