Romanian government modifies claw-back tax

2011-12-13



A new calculation formula for the claw-back tax applied to pharmaceutical manufacturers will be used starting from the first quarter of 2012, on the basis of an Emergency Ordinance amending Ordinance 77/2011. Hence, the newly-modified claw-back tax will include two-thirds of the producer’s market share and one-third of the manufacturer’s growth in sales. The quarterly drug sales of an individual manufacturer itself covered by the National Unique Social Health Insurance Fund (FNUASS) and by the Health Ministry will be settled by the National Health Insurance House (CNAS).
The sales value of an individual manufacturer will be calculated by reporting the drug sales of each claw-back tax payer in 2011 to the total pharmaceutical sales covered by the state in the same year and by multiplying the result by a reference value of the quarterly sales of RON 1.4bn (€327m), states the emergency ordinance.