Answer given by Mr Šemeta on behalf of the Commission

6.4.2010

Following the infringement procedure opened by the Commission regarding Malta's failure to comply with Article 110 TFEU (former Article 90 of EC Treaty), a new motor vehicle registration tax system (for passenger vehicles) was provisionally introduced in Malta on 1 January 2009 by means of a President's Proclamation. The new provisions of the Motor Vehicle Registration Tax Act were finally adopted by the Maltese Parliament in April 2009.

The new system is based on criteria such as: CO₂ emission; particulates emission (in the case of Diesel cars); the length of the vehicle; as well as reference to the ‘registration value’ of the vehicle.

Having examined the amendments, the Commission expressed certain doubts regarding, inter alia, the means by which the Maltese authorities assess that ‘registration value’.

In November 2009, the Maltese authorities informed the Commission of their intention to amend partially the current way of assessing the registration value of vehicles in order to meet the concerns of the Commission.

The amendments at issue entered into force in January 2010.

The Maltese authorities have also informed the Commission that on 1 January 2010 the new provisions regarding registration tax on vehicles carrying goods were provisionally introduced by means of a President's Proclamation.

Currently the Commission is waiting for further explanation from the Maltese authorities concerning the vehicle registration tax system, in order to assess whether the amendments are in line with EC law as interpreted by the Court.