Madrid January Alice PIRLOT FNRS Research Fellow Supervision by Prof. E. Traversa UCL Louvain-la-Neuve

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1 Faculté Institut pour de droit la recherche et de criminologie interdisciplinaire en sciences juridiques Institut Centre de pour recherche la recherche interdisciplinaire interdisciplinaire "Droit, entreprise sciences et société" juridiques - Jean Renauld Centre Madrid January 2015 Alice PIRLOT FNRS Research Fellow Supervision by Prof. E. Traversa UCL Louvain-la-Neuve alice.pirlot@uclouvain.be

2 Environmental BTAs in respect of Policy issues: * Security of supply. with a variety of effets Taxes BTAs * Geopolitical (Border issue Tax Adjustments) in respect of energy taxes sometimes * Competitiveness identified effects as a solution to : * Environmental effects (climate change - sustainability) 1) The risks of loss of competitiveness Website of EU Commission (Energy): 2) Global environmental challenges The EU seeks secure supplies from sustainable sources, at competitive prices and aims to improve coordination and information sharing among its member countries, so they can speak with a single voice abroad.

3 RESEARCH QUESTION: BTAs in respect of energy taxes: legal limits and opportunities? 1. Energy taxes: overview 2. BTAs in respect of energy taxes: 5 tax models 3. Legal limits

4 ( ) taxes on energy products (e.g. coals, oil products, natural gas and electricity) used both for stationary purposes and transport purposes [Eurostat] Three models: 1. Traditional energy taxes 2. Taxes based on the energy content 3. GHG energy taxes Variety of objectives: Raise revenue Foster environmental goals Support energy security/competitiveness

5 While border tax adjustments may be defined in various ways, EXPORTS it is most convenient IMPORTS for dealing with the problem they present to regard them Exemption as any of Tax fiscal on measures imported which put into effect, in whole or in part, the destination exported DOMESTIC products principle (i.e. (BTAs which enable exported products to be relieved of some products or all or PRODUCTS of on the imports) refund of tax charged in the exporting country in respect of similar domestic Tax on domestic domestic taxes (e.g. products x% excise sold to consumers on products the home market and which on similar enable imported tax) products sold to consumers to be charged with some or all of the (e.g. x% excise domestic tax // charged taxes on in the importing country tax) in respect of similar products domestic (BTAs similar products) domestic (emphasis added). on exports) products OECD, Report on Tax Adjustments applied to exports and imports in OECD Member Countries, 1968 (e.g. refund of x% excise tax)

6 1. Traditional energy taxes 2. Taxes based on the energy content 3. GHG energy taxes 4. Energy taxes designed after the Superfund/ODC tax cases 5. VAT based energy taxes (Carbon added tax & energy VAT)

7 Tax on imported chemicals Tax on imported products containing chemicals Imports National level Tax on domestically produced chemicals

8 GHG Tax on imported energy products GHG Tax on imported energy intensive products National level GHG Tax on energy products Imports

9 1. Traditional energy taxes 2. Taxes based on the energy content 3. GHG energy taxes 4. Energy taxes designed after Superfund/ODC tax cases 5. VAT based energy taxes Carbon added tax Energy differentiated VAT

10 Three main conditions 1. BTAs should be adopted in respect of indirect taxes 2. The national treatment principle 3. The most-favoured-nation principle And non-legal limits: Competitiveness issues Implementation issues Energy security issues

11 INDIRECT TAXES (taxes occultes) LIKE PRODUCTS (differentiation) PRACTICAL ISSUES 1. Traditional energy excises 2. Environmental energy tax based on the traditional model OK OK A priori OK A priori OK Loss of competitiveness for national enterprises Energy security issues 3. Energy tax system based on the ODC/Superfund model Controversial Implementation issues 4. CAT model 5. Energy differentiated VAT OK OK Controversial Energy security issues (risks of retaliatory measures)

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13 Thank you for your attention

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15 ENERGY = (?) Coal Petroleum Gas Nuclear Energy Renewable