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  • Service: Tax
  • Type: Business and industry issue
  • Date: 8/26/2013

Chapter V: Final provisions 

European Commission proposal for a Council Directive implementing enhanced cooperation in the area of financial transaction tax. COM(2013) 71 final. Issued Brussels, 14.2.2013.

Article 15: Other taxes on financial transactions


The participating Member States shall not maintain or introduce taxes on financial transactions other than the FTT object of this Directive or value-added tax as provided for in Council Directive 2006/112/EC.


Article 16: Exercise of the delegation


  1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
  2. The delegation of powers referred to in Article 11(2) shall be conferred for an indeterminate period of time from the date referred to in Article 19.
  3. The delegation of power referred to in Article 11(2) may be revoked at any time by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of the delegated acts already in force.
  4. As soon as it adopts a delegated act, the Commission shall notify it to the Council.
  5. A delegated act adopted pursuant to Article 11(2) shall enter into force only if no objection has been expressed by the Council within a period of 2 months of notification of that act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by 2 months at the initiative of the Council.

Article 17: Information of the European Parliament


The European Parliament shall be informed of the adoption of delegated acts by the Commission, of any objection formulated to them, or of the revocation of the delegation of powers by the Council.


Article 18: Committee procedure


  1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011
  2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article19: Review clause


Every five years and for the first time by 31 December 2016, the Commission shall submit to the Council a report on the application of this Directive, and, where appropriate, a proposal.


In that report the Commission shall, at least, examine the impact of the FTT on the proper functioning of the internal market, the financial markets and the real economy and it shall take into account the progress on taxation of the financial sector in the international context.


Article20: Transposition


  1. The participating Member States shall adopt and publish, by 30 September 2013 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

    They shall apply those provisions from 1 January 2014.

    When the participating Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. The participating Member States shall determine how such reference is to be made.
  2. The participating Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 21: Entry into force


This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.


Article 22: Addressees


This Directive is addressed to the participating Member States.




Council Directive 2006/112/EC of the European Parliament and the Council, which established a common system of valued added tax.


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Regulation (EU) No 182/2011 of the European Parliament and the Council.


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Article 5 of Regulation (EU) No 182/2011


Examination procedure


  1. Where the examination procedure applies, the committee shall deliver its opinion by the majority laid down in Article 16(4) and (5) of the Treaty on European Union and, where applicable, Article 238(3) TFEU, for acts to be adopted on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in those Articles.
  2. Where the committee delivers a positive opinion, the Commission shall adopt the draft implementing act.EN 28.2.2011 Official Journal of the European Union L 55/15
  3. Without prejudice to Article 7, if the committee delivers a negative opinion, the Commission shall not adopt the draft implementing act. Where an implementing act is deemed to be necessary, the chair may either submit an amended version of the draft implementing act to the same committee within 2 months of delivery of the negative opinion, or submit the draft implementing act within 1 month of such delivery to the appeal committee for further deliberation.
  4. Where no opinion is delivered, the Commission may adopt the draft implementing act, except in the cases provided for in the second subparagraph. Where the Commission does not adopt the draft implementing act, the chair may submit to the committee an amended version thereof.

    Without prejudice to Article 7, the Commission shall not adopt the draft implementing act where:
      a) that act concerns taxation, financial services, the protection of the health or safety of humans, animals or plants, or definitive multilateral safeguard measures;
    b) the basic act provides that the draft implementing act may not be adopted where no opinion is delivered; or
    c) a simple majority of the component members of the committee opposes it. In any of the cases referred to in the second subparagraph, where an implementing act is deemed to be necessary, the chair may either submit an amended version of that act to the same committee within 2 months of the vote, or submit the draft implementing act within 1 month of the vote to the appeal committee for further deliberation.
  5. By way of derogation from paragraph 4, the following procedure shall apply for the adoption of draft definitive anti- dumping or countervailing measures, where no opinion is delivered by the committee and a simple majority of its component members opposes the draft implementing act.

The Commission shall conduct consultations with the Member States. 14 days at the earliest and 1 month at the latest after the committee meeting, the Commission shall inform the committee members of the results of those consultations and submit a draft implementing act to the appeal committee. By way of derogation from Article 3(7), the appeal committee shall meet 14 days at the earliest and 1 month at the latest after the submission of the draft implementing act. The appeal committee shall deliver its opinion in accordance with Article 6. The time limits laid down in this paragraph shall be without prejudice to the need to respect the deadlines laid down in the relevant basic acts.


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Source: adapted from the original documents (PDF 186 KB) © European Union, 1995-2013. Responsibility for the adaptation lies entirely with KPMG International.

 

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An overview of nine EU Member States understood to be currently applying a national form of FTT and of the EU proposal for an eleven Member State FTT.

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