05.06.2013 Views

RIVISTA DI DIRITTO TRIBUTARIO INTERNAZIONALE - Rdti.it

RIVISTA DI DIRITTO TRIBUTARIO INTERNAZIONALE - Rdti.it

RIVISTA DI DIRITTO TRIBUTARIO INTERNAZIONALE - Rdti.it

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

A. S. Bergantino: Tonnage tax: the Italian proposal and the European experiences<br />

p. 20) -, and again to the 2001 Wh<strong>it</strong>e Paper where, the importance of such<br />

a measure is stressed and a Commun<strong>it</strong>y directive proposal on the subject<br />

is announced for 2002 (EU Commission, 2001).<br />

The Italian govemment is fully aware of the twofold need to observe<br />

Commun<strong>it</strong>y obligations and to conforrn lo lhe experiences of olher European<br />

countries: the Bill, in fact, establishes that the final set up of the<br />

new tax regime should take into account the 1997 guidelines and should<br />

be based on analogous regimes already set up in other member states.<br />

2. The European Commun<strong>it</strong>y stand on tonnage tax<br />

Since 1989, the European Commission having acknowledged the importance<br />

of the social and economic role of Commun<strong>it</strong>y fleets (2) and<br />

their current lack of compet<strong>it</strong>iveness on the global markel, has set out<br />

specific 'mles of compatibil<strong>it</strong>y' w<strong>it</strong>h the common market mles of measures<br />

aiming to boost the shipping sector (EU Commission, 1989).<br />

The 1989 document outlined the cr<strong>it</strong>eria to identify as "admissible",<br />

though still qualifying as state aid, fiscal alleviation measures for the sectoro<br />

The Commission, however, fixed a ceiling wilh respecl lO such subsidies<br />

based on the difference of cost between member countries on one<br />

si de and third countries on lhe other (3).<br />

Eight years later, on 5 July 1997, the European Commission, in the<br />

light of the continuing decline of the member states' fleets, still penalised<br />

in terrns of compet<strong>it</strong>iveness w<strong>it</strong>h respect to those sailing under a third<br />

country's colours, passed a new document (EU Commission, 1997) - that<br />

which is referred to in the Bill - which provides that the aid be strictly<br />

linked lo specific operations, rather than being tied to hypolhetical cost<br />

differentials.<br />

The main guidelines contained in the 1997 document are aimed at:<br />

neutralising the compet<strong>it</strong>ive advantages of shipping companies operating<br />

w<strong>it</strong>h lower standards;<br />

guaranteeing thal transport services w<strong>it</strong>hin the Commun<strong>it</strong>y be carried<br />

out in a free and compet<strong>it</strong>ive market, maintaining high safety and<br />

qual<strong>it</strong>y standards;<br />

(2) Intended as tonnage enrolled in the national registries of member countries.<br />

(3)This ceiling \Vas calculated as the difference bet\\,reen the operating cost of an<br />

hypothetical ship registered in the register of a "lo\\' wage cost" European country and<br />

the same ship sailing under a "flag of convenience' (Portugal and Cyprus, respectively).<br />

<strong>RIVISTA</strong> <strong>DI</strong> <strong>DI</strong>RITTO <strong>TRIBUTARIO</strong> INTER\AZIONALE 312001

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!