Local view for "http://purl.org/linkedpolitics/eu/plenary/2005-11-15-Speech-2-250"
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"en.20051115.27.2-250"2
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".
The issue of taxes on air traffic has been much debated lately, but it has been among the instruments considered in the search for new sources of funding for official aid to developing countries, in line with the UN Millennium Development Goals.
The honourable Member is no doubt aware that the Council has been actively considering the issue and that the Commission has produced several staff working papers on the technical aspects at the request of the Council. Two types of tax instruments have been considered: the taxation of aviation fuel and a levy on airline tickets, also known as a departure tax. From the internal market point of view, the legal setting is not the same for those two types of taxes.
Taxes on aviation fuel are covered by Community legislation in the form of the energy tax directive, 2003/96/EC. Although aviation fuel is, in principle, exempt from taxes, the Member States may choose to tax fuel for domestic flights. They may also tax fuel for flights between Member States, provided they agree bilaterally to do so. However, in practice there is no scope to tax fuel used by third-country carriers operating in the EC.
As regards a levy on airline tickets, there are no specific Community provisions. Member States are therefore free to apply such levies on the obvious condition that they comply with their commitments under the EC Treaty.
The honourable Member has asked whether the Commission is considering ways to prevent such taxes on air travel becoming obstacles to the internal market. I would first like to stress that the fact that a product or service is taxed does not mean that its free movement is obstructed. There is an obstacle to the internal market only if a tax is heavier on transactions between Member States than on similar transactions within a Member State. The Commission will make full use of its powers to enforce the Treaty against any discriminatory taxes on air travel, as it does for all other taxes. However, I understand that the discussions between Member States at this stage focus mainly on airline ticket levies. In this respect I must stress that, in the absence of Community rules, this is first and foremost a matter for the Member States themselves, acting within their fiscal sovereignty.
Nevertheless, the Commission has argued in its staff working papers that there are good reasons to prefer a common approach to ticket levies. The Commission has also declared that it is willing to work on the technical aspects with the Member States that intend to pursue this option. That would help to ensure compatibility with Treaty obligations.
I should like to point out that the Commission is continuously monitoring the functioning of the internal market. Taxes of the kind mentioned in the honourable Member’s question are still rare. Should the Commission identify a structural problem linked to the taxation of air travel, be it fuel taxes or ticket levies, it could ultimately make use of its right to propose appropriate legislation."@en1
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