Select Committee on European Scrutiny Twenty-Eighth Report


MINIMUM RATE OF VAT


(21649)
11624/00
COM(00) 537

Proposed amendment to Directive 77/388/EEC on the common system
of value added tax in respect of the duration of the minimum standard
rate.
Legal base: Article 93 EC; consultation; unanimity
Document originated: 20 September 2000
Forwarded to the Council: 20 September 2000
Deposited in Parliament: 11 October 2000
Department: HM Customs and Excise
Basis of consideration: EM of 11 October 2000
Previous Committee Report: None
To be discussed in Council: December 2000
Committee's assessment: Politically important
Committee's decision: Cleared

Background

28.1  On 12 July 2000, we reported[62] on a Commission Communication on a strategy to improve the operation of the transitional VAT system. That Communication set out a strategy for improving the transitional VAT system over the next five years. The Commission argues that, during this period, it is important to prevent any diversions in the standard rates of VAT applied by the Member States as this could result in structural imbalances in the EU and distortions of competition in certain trade sectors. Under the Sixth VAT Directive, Member States must apply a minimum standard rate of VAT of 15%. This provision was initially introduced in January 1993 and has been extended on several occasions since then. In 1999 the minimum standard rate was renewed until 31 December 2000. In the absence of any agreement by then, the current minimum standard rate will lapse and Member States will be free, subject to general Treaty principles, to set whatever rate they wish. At present, the 15% rate is applied in one Member State (Luxembourg); the highest rate (25%) is applied in two Member States (Denmark and Sweden).

The document

28.2  The Commission now proposes that the standard minimum rate of VAT should be maintained at 15% for the period 1 January 2001 to 31 December 2005.

The Government's view

28.3  In her Explanatory Memorandum dated 11 October 2000, the Paymaster-General (Dawn Primarolo) says that the Government accepts that there must be a minimum standard rate of VAT set at Community level in order to avoid risk of competitive downbidding of rates which could cause distortions to cross-border trade. She notes that the Commission's proposal simply rolls over for a further five years the existing minimum rate and that no Member State will be required to alter its standard rate as a consequence. She says that the proposal has no practical implications for the UK since the Government has no plans to change the current standard rate of VAT.

Conclusion

28.4  We note that this proposal is likely to be discussed at ECOFIN before the end of the year. We are glad to see that the Commission has not revived its attempts to set a ceiling as well as a floor on the standard rate. We note the Government's support for the proposal and have no comments. We clear the document accordingly.



62  (21355) 9337/00; see HC 23-xxiv (1999-2000), paragraph 11. Back


 
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