Select Committee on European Scrutiny Twentieth Report


4  MARKET-BASED INSTRUMENTS

(28524)
8255/07 + ADD1
COM(07)140
Commission Green Paper on market-based instruments for environment and related policy purposes


Legal base
Document originated28 March 2007
Deposited in Parliament 4 April 2007
DepartmentHM Treasury
Basis of consideration EM of 19 April 2007
Previous Committee Report None
To be discussed in Council Not known
Committee's assessmentPolitically important
Committee's decisionNot cleared, further information awaited

Background

4.1 Market-based (or economic) instruments (MBIs) are financial incentives or disincentives used as a tool to address market failures or achieve other policy objectives. They can take various forms, such as indirect taxes or subsidies.

The document

4.2 This Commission Green Paper seeks to launch a discussion on advancing the use of MBIs in the Community, including how these might be more explicitly aligned to Community environmental and energy policy objectives. The document contains no specific proposals for action. Rather the Commission calls for reactions to the ideas and specific questions in the Green Paper and requests responses by 31 July 2007. The key areas covered by the Commission for discussion and on which it poses questions are:

  • MBIs in the Community and at national level, consideration of their impact and the wider fiscal objectives;
  • the case for environmental tax reforms by Member States and whether it would be helpful to establish a Community level forum to share best practice on MBIs;
  • how to advance the process of reforming environmentally-harmful subsidies;
  • review and possible streamlining of the Energy Taxation Directive, which sets common rules for taxing energy consumption and minimum rates for various fuel sources. The Directive is due for review in early 2008 and the Green Paper asks whether that there may be a case for restructuring it to tax all fuels according to their energy content and for introducing some reflection of environmental aspects of energy, for example by differentiating between greenhouse gases and non-greenhouse gases;
  • interaction of the suggested reforms to the Energy Taxation Directive and other environmental taxes and how these could work alongside the EU Emissions Trading Scheme (EU ETS);
  • whether MBIs could be used to tackle the environmental impact of transport, for example what might be the best MBI in relation to shipping, how infrastructure charging, including considerations related to environmental costs, can best be applied to transport modes and how the Eurovignette Directive (which sets common rules on distance-related tolls and time-based user charges for heavy goods vehicles) could be used in this regard;
  • possible use of MBIs to address water pollution and protect resources — for example, what is the best way to ensure the implementation of water pricing policies set out in the Water Framework Directive and how can users be encouraged to bear the full cost of their water use;
  • for waste management, whether harmonised landfill taxes with EU minimum rates should be considered and how the Commission might facilitate the application of MBIs in this area;
  • whether Member States should make more use of MBIs to protect biodiversity and integrate conservation into decisions; and
  • use of MBIs to address air pollution, including whether there is scope for trading schemes to combat air pollution from sulphur dioxide and nitrogen oxide emissions.

4.3 The Green Paper is supported by a staff working document in which the detail is elaborated.

The Government's view

4.4 The Paymaster General (Dawn Primarolo) says that the Government is considering the Green Paper in detail and will formulate a response to meet the Commission's deadline. She comments that in general the Government believes that MBIs, including taxation, have an important role to play in environment policy alongside non-market based instruments, such as regulation and public spending. The Minister notes that domestically the Government has implemented a number of environmental taxes since 1996, while in the Community it is a strong supporter of the climate change agenda, in particular the EU ETS, which controls roughly half of the UK's carbon emissions.

4.5 The Minister continues that the Government considers that:

  • in general individual Member States are best able to decide on the appropriate mix of instruments to address particular market failures;
  • these should reflect the circumstances of the Member State concerned, including its own priorities for social, environmental and public finance objectives;
  • tax is one possible economic instrument alongside regulatory and spending interventions. However, as well as influencing behaviour, tax fulfils a number of economic and social objectives such as maintenance of revenue raising to fund public services;
  • differences between Member States' tax policies reflect different circumstances and priorities, both in terms of social and environmental policies and the public finance. It is important therefore that Member States have the flexibility to choose how to apply taxes based on national circumstances;
  • in principle it may be the case that some action at Community level in this area might be appropriate, for example in circumstances where environmental problems are cross-border in nature and where the achievement of environmental objectives by individual Member States would be undermined by cross-border movement of activities or products;
  • but, in all cases, any use of MBIs at Community level would need to be considered carefully, be accompanied by a full impact assessment and fully meet the subsidiarity test; and
  • under the relevant Treaty provisions any decisions on environmental tax must be unanimous.

4.6 In relation to subsidiarity the Minister also says that it is possible that there would be such concerns around some of the suggestions for possible action at Community level raised by the Commission in the Green Paper, if these became official proposals. But she notes that it is impossible to speculate at this stage on whether that will be the case, nor on the possible content of any such proposals.

Conclusion

4.7 This Green Paper raises some important, and potentially difficult, issues. Before considering the document further we should like to see the Government's response to the document. Meanwhile it remains uncleared.



 
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