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Europe Daily Bulletin No. 12374
Contents Publication in full By article 22 / 27
ECONOMY - FINANCE - BUSINESS / Taxation

Tense situation in EU Council on country-by-country reporting

Member States' ambassadors to the EU (Coreper) discussed the proposal for a tax transparency tool known as country-by-country reporting, on Wednesday evening, 20 November, in preparation for the EU Competitiveness Council on 28 November, where the proposal will be publicly discussed (see EUROPE 12371/15).

The Finnish Presidency of the EU Council has decided to keep the subject on the agenda of the ministerial meeting, despite a "very tense situation", according to a European source.

There is said to have been no major surprises during this meeting with no fundamental change in any position of those involved. The EU Council's Legal Service did not take the floor, but its position on the legal basis remains the same (see EUROPE 11758/9), according to our information.

During the discussion, the ten countries in favour of the proposal (probably France, Spain, Belgium, Denmark, the Netherlands, Italy, Romania, Bulgaria, Greece and Slovakia) reiterated their support.

Eleven countries, on the other hand, are said to have clearly indicated their opposition to the proposal and opposed including the subject in the agenda of the Competitiveness Council of the EU. These countries continue to argue that the proposal should be negotiated as a tax text in the Economic and Financial Affairs Council of the EU by unanimity and by a simple consultation of the European Parliament.

The position of three countries, including Germany, remains uncertain, as they expressed their scrutiny reservations on Wednesday. It should be noted that Finland, which currently holds the Presidency of the Council of the EU, has not taken a decision and the United Kingdom has indicated that it will delegate its vote to the Presidency.

If some commentators hope that the public debate will finally shed light on the real positions of all Member States, they risk being disappointed. According to our source, some countries, such as Germany, may not take a decision on 28 November and could abstain.

For the proposal to be adopted, it must be adopted by a qualified majority, i.e. 55% of the Member States representing at least 65% of the EU population. It remains to be seen whether or not a blocking minority will be formed. According to the same source, it could take just a few seconds for the balance to tip in one direction or the other. (Original version in French by Marion Fontana)

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