Activities of Klaus-Heiner LEHNE related to 2013/0045(CNS)
Legal basis opinions (0)
Amendments (15)
Amendment 27 #
Proposal for a directive
Recital 1
Recital 1
(1) In 2011, the Commission took note of a debate on-going at all levels on additional taxation of the financial sector. The debate originates from the desire to ensure that the financial sector fairly and substantially contributes to the costs of the crisis and that it is taxed in a fair way vis-à-vis other sectors for the future, to dis-incentivise excessively risky activities by financial institutions, to complement regulatory measures aimed at avoiding future crises, reducing speculations and to generate additional revenue for general budgets or specific policy purpos, inter alia as a contribution to fiscal consolidation or specific policy purposes. The introduction of the financial transaction tax thus shows a positive distribution and steering capacity by appropriately supplementing existing regulatory reform initiatives.
Amendment 36 #
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) The initiative of eleven member states to introduce the financial transaction tax in the framework of enhanced cooperation is a first step in the direction of an EU-wide and lastly a globally coordinated approach.
Amendment 43 #
Proposal for a directive
Recital 4
Recital 4
(4) The improvement of the operation of the internal market, in particular the avoidance of distortions between the participating Member States; and to reduce the scope for fraudulent tax avoidance; relocation of risk and regulatory arbitrage, requires that a FTT should appliesy to a broadly determined range of financial institutions and transactions, to trade in a wide range of financial instruments, including structured products, both in the organised markets and ‘"over- the-counter’", as well as to the conclusion of all derivative contracts, including contract for difference (CfDs) and speculative forward transactions, and to material modifications of the operations concerned.
Amendment 47 #
Proposal for a directive
Recital 8
Recital 8
(8) With the exception of the conclusion or material modification of derivative contracts, the trade on primary markets and transactions relevant for citizens and businesses such as conclusion of insurance contracts, mortgage lending, consumer credits or payment services should be excluded from the scope of FTT, so as not to undermine the raising of capital by companies and governments and to avoid a negative impact on households and the real economy.
Amendment 59 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to prevent tax fraud and, fraudulent tax avoidance, e.g. substitution, and tax evasion the participating Member States should be obliged to adopt appropriate measures.
Amendment 61 #
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) Tax avoidance and tax evasion will partly depend on the capacity of Member States to verify taxable transactions carried out outside the justification off FTT. The Commission should establish an expert working group (FTT Committee) comprising representatives from the participating Member States, the European Commission, the ECB and ESMA to access the effective implementation of this Directive. The FTT Committee should supervise financial transactions in order to detect schemes of avoidance, propose countermeasures in a duly manner and coordinate their implementation on national level if required. The FTT Committee should make full use of Union law in the field of taxation and financial service regulation and of the instruments for cooperation on tax matters established by international organisations including the OECD and the Council of Europe.
Amendment 64 #
Proposal for a directive
Recital 21
Recital 21
(21) In order to allow the adoption of more detailed rules in certain technical areas, regarding registration, accounting, reporting obligations and other obligations intended to ensure that FTT due to the tax authorities is effectively paid to the tax authorities, and their timely adaptation as appropriate, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of specifying the measures necessary to this effect. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing-up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.
Amendment 75 #
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point c
Article 2 – paragraph 1 – point 2 – point c
(c) the conclusion of derivatives contracts, including contract for difference (CfDs) and speculative forward transactions, before netting or settlement;
Amendment 153 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The participating Member States shall lay down registration, accounting, and reporting obligations and other obligations intended to ensure that FTT due is effectively paid to the tax authorities.
Amendment 154 #
Proposal for a directive
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Commission may, in accordance with Article 16 adopt delegated acts specifying thewhich measures, in accordance with applicable secondary Union legislation, are to be taken pursuant to paragraph 1 by the participating Member States.
Amendment 161 #
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
The participating Member States shall adopt measures to prevent tax fraud and, fraudulent tax avoidance and tax evasion.
Amendment 164 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
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 219.
Amendment 165 #
Proposal for a directive
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The delegation of power referred to in Article 11(2) may be revoked at any time by the European Parliament or 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 theany delegated acts already in force.
Amendment 166 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
Amendment 167 #
Proposal for a directive
Article 16 – paragraph 5
Article 16 – paragraph 5
5. A delegated act adopted pursuant to Article 11(2) shall enter into force only if no objection has been expressed byeither by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council hasve both informed the Commission that ithey will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.