Financial transaction tax (Conclusions of 3198th Council meeting - Economic and Financial Affairs - Brussels, 13 November 2012)

The Council took stock of developments regarding the introduction of a financial transaction tax (FTT) in a number of member states wishing to participate in an enhanced cooperation, and discussed how to proceed with the dossier. The Commission presented its proposal for a decision to authorise enhanced cooperation in this field.

The Commission's proposal, submitted on 23 October, would allow Belgium, Germany, Estonia, Greece, Spain, France, Italy, Austria, Portugal, Slovenia and Slovakia to introduce the FTT via enhanced cooperation (doc. 15390/12)

1. In June, the European Council suggested that a decision be taken by December.

The Netherlands indicated that they would also be interested in participating, under certain conditions.

Based on article 329(1) of the Treaty on the Functioning of the European Union, the decision requires a qualified majority for adoption by the Council, with the consent of the European Parliament. Adoption of the legislative act defining the substance of an enhanced cooperation would require unanimous agreement by the participating member states.

A number of member states not wishing to join the enhanced cooperation indicated that they would wish to receive a more detailed assessment of its impact on the internal market before supporting the decision authorising enhanced cooperation.

In 2011, the Commission proposed a directive aimed at introducing an FTT throughout the EU2, but Council discussions in June and July this year revealed support for the proposal to be insufficient.

In September and October, the 11 member states wrote to the Commission requesting a proposal for enhanced cooperation, specifying that the scope and objective of the FTT would be based on that of the Commission's original proposal.

That proposal involved a harmonised minimum 0.1% tax rate for transactions in all types of financial instruments except derivatives (0.01% rate). The aim was for the financial industry, which many consider as under-taxed, to make a fair contribution to tax revenues, whilst also creating a disincentive for transactions that do not enhance the efficiency of financial markets.

1 Requirements for enhanced cooperation are laid down in article 20 of the Treaty on European Union and articles 326 to 334 of the Treaty on the Functioning of the European Union. It must be established that the objectives cannot be attained within a reasonable period by the EU as a whole.

At least nine member states must participate, and the cooperation must remain open for any others that wish to join.

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