Local view for "http://purl.org/linkedpolitics/eu/plenary/2002-02-05-Speech-2-255"

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"en.20020205.11.2-255"2
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"Madam President, I have no doubt that the existing arrangements for cooperation in the area of VAT fraud are inadequate in the context of the evolved single market. VAT fraud costs the EU and its Member States several hundred million euro each year. Although measures have been taken over the last few years to come to terms with it, VAT fraud is still a considerable problem today. I agree that the best way to tackle this ever-increasing fraud is to have close administrative cooperation between Member States. By allowing direct contacts between local offices, the fight against fraud will become less bureaucratic and more effective. However, let me sound a note of caution in relation to the efforts inherent in this Commission proposal to base this measure on Article 95 of the Treaty. Article 95 specifically states that it may not be used for fiscal provisions. The Commission's view is that this proposal is merely about administrative cooperation and that it does not relate to actual tax collection or tax measures. With respect, I do not agree – my country does not agree – that by stealth the present position should be eroded. I do not think that SCAC – the existing administrative committee in the tax area – should have more of these functions assigned to it. It is the thin end of the wedge. This proposal relates to fiscal instruments which Member States use and it should certainly be adopted, but it should be adopted with the correct legal basis, which is Article 93, providing for unanimity of voting at Council level. The regulation that this proposal aims to replace is based upon Article 93, and quite simply this proposal should be also. Mrs Kauppi has referred to the concerns regarding the legal basis in her attached explanatory memorandum. In the past where conflicts have arisen in relation to the legal basis, the Council has always rejected the Commission's view and has changed the legal basis to Article 93 or 94. As pointed out by my colleague, it did this most recently on the proposal for a directive on the mutual assistance for the recovery of claims. The Commission has decided to take the Council to the Court of Justice in this matter and Ireland will be joining the action on the side of the Council. While I welcome the substance of what this proposal aims to do, for the reasons I have outlined in relation to the legal basis, I and my Irish colleagues will be voting against the report."@en1
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