Workshop on the Future of EU-Finances in Berlin, 10th of July 2014
Transcrição
Workshop on the Future of EU-Finances in Berlin, 10th of July 2014
Workshop on the Future of EU-Finances in Berlin, 10th of July 2014 Workshop on the Future of EU-Finances Berlin, 10th of July 2014 Many thanks to… Thomas Steffen Friedrich Heinemann Gregory Claeys Thomas Westphal Christian Kastrop Stefan Bredohl Albrecht Morgenstern Jacques Le Cacheux Regine Grienberger Johannes Scheube Thiess Büttner Meik Laufer Martin Erhardt Stefan Lehner Anne Glumm Dennis Kolberg Anne Montagnon Klaus-Dirk Henke Christian Traxler Clemens Fuest Anne S. Busse-Pietrzynski Ekkehart Reimer Helge Berger Kristina van Deuverden Christian Waldhoff Florian Misch Henning Fahland Henrik Enderlein Julia Külb Eva-Maria Meyer … for attending the Workshop on the Future of EU-Finances in the Federal Ministry of Finance in Berlin, 10th of July 2014 Dirk Heiner Kranen Jördis Klügel Thomas Schuster Kerstin Korthals Martti Antinnen Karola Bretschneider Kornelia Stock Henrik Liß Julia Schoenmakers Martin Leuvering Arina Hube Michaela Tintelott Clemens Wetz Susanne Neheider Sabine Klok Malte Hübner Sebastian Thomasius Edith Peters Petra Hinz Kristin Rohleder Sophie Clarens Mark Riedemann Alexander Puhlmann Carl Asplund Atalay Dabak Johann Vasel Katja Hanewald Asbjorn Brink Contents Letter from Dr. Wolfgang Schäuble, Federal Minister of Finance Executive Summary Opening Statement Panel I: No representation without taxation? – Strengthening the European Parliament with an EU-Tax? Panel II: A budget without deficit: What makes the EU’s own resource system so successful? Presentation: Improving the own resource system – The Commission Proposal Panel III: Can the EU’s own resource system be improved? What would be the criteria? Panel IV: Reforming the revenue side without looking at expenditure? - Possibilities for a “Better Spending” of the EU Summary of Workshop-Results Program Bibliography List of Participants Imprint Letter from Dr. Wolfgang Schäuble, Federal Minister of Finance, to Mr. Mario Monti, Chairman of the high-level group on own resources of October 13, 2014 Dear Mario Monti, dear members of the high-level group on own resources, The Federal Ministry of Finance held a workshop on the future of the European Union’s finances in July 2014. We have summarised the participating experts’ contributions to the discussion in the workshop documentation, which is also intended to serve as input for the work of the high-level group on own resources. In my view, the workshop’s most important results can be summarised as follows: • Any attempt to grant the European Union greater financial autonomy would be subject to strict legal constraints. • The issue of the expenditure side needs to be incorporated into the discussion on possible reform of the EU’s finances. If EU spending were to be targeted more intensively at financing European public goods, this could create genuine European added value. • Ultimately, it is Europe’s citizens and businesses that have to finance the EU’s revenue. Granting the EU a higher degree of financial autonomy would change nothing in that respect. Any reform of the EU’s financing system must therefore pay adequate attention to taxpayers’ interests. In the existing system, it is mainly the net contributors that look after these interests. I wish you every success in your important work. Yours sincerely, Wolfgang Schäuble 1 The Future of EU Finances - Executive Summary In July 2014, the Federal Ministry of Finance hosted a workshop that took an in-depth look at the future of EU finances. Our goal was to bring together a group of experts to identify the main advantages and disadvantages of the EU’s financing system and to pinpoint criteria for reforms. The discussions showed that the EU budget’s revenue side functions well overall, although the system could be simplified. The main potential for reform lies on the EU budget’s expenditure side. Workshop attendees argued that incipient efforts to modernise the EU’s spending structure must continue, in particular by ensuring that EU expenditures are targeted towards the financing of European public goods. At the same time, any efforts to grant EU institutions greater financial autonomy would be subject to strict constraints under European primary legislation and national constitutional law. 1. Introduction On 10 July 2014, the Federal Ministry of Finance hosted a workshop that took an in-depth look at the future of EU finances. In four rounds of discussions, 15 experts from think tanks, international organisations, the European Central Bank, economic research institutes and the Ministry’s scientific advisory board reflected on the future of the European Union’s financing system, which is known as the “own resources system”. The decision to organise the workshop was spurred by the appointment of a new high-level group on own resources, which was launched by the European Parliament, the Council of the European Union and the European Commission in February 2014. The high-level group will undertake a general review of the EU’s financing system and propose potential reforms by the end of 2016. Chaired by Mario Monti, it is comprised of nine members appointed by the European Parliament, European Commission and Council. On the basis of a report to be issued by the high-level group, the Commission will decide whether or not to initiate new legislation to reform the current own resources system. The structure of the own resources system has been a subject of heated dispute ever since the last major reform of EU finances was carried out in 1988. At that time, the Council introduced a supplementary source of revenue made up of contributions by the member states based on the size of their economy. From the very moment this new source of revenue was adopted, the European Parliament became increasingly vocal in its insistence that the Union needed to reduce its dependence on the willingness of the member states to transfer money to the EU – this could be done, for example, by creating an EU tax. 2. Background: EU finances and the role of the own resources system The European Union is currently financed by the member states on the basis of what is known as the “own resources system”. This system makes up the revenue side of the EU budget, which provides for annual expenditure amounting to roughly €140bn. The term “own resources” refers to funds that the member states remit to the EU. There are three types of own resources: traditional own resources, VAT-based own resources, and GNI-based own resources. Traditional own resources consist mainly of customs duties and sugar levies, which member states levy directly on economic operators and remit to the EU. Due to the progressive reduction of trade barriers, traditional own resources now account for only a minor share of total own resources. In 2013 – the most recent year for which the EU has published a financial report – traditional own resources made up ten percent of total own resources. Own resources based on Value Added Taxes (VAT own resources) finance a similar share of the EU budget: in 2013, they also accounted for about ten per-cent of total own resources. Payments of VAT own resources are based on a harmonised VAT base that applies to all member states. This harmonized VAT base is a statistical construct, calculated exclusively for determining the VAT own resources. The absolute amount of VAT own resources that a member state must remit to the EU is derived by multiplying this VAT base with a specific “rate of call” (currently 2 0.30% for most member states). The remaining gap in the EU budget – that is, the amount of budgeted EU spending that is not covered by traditional own resources and VAT own resources – is financed through contributions from member states based on their share of the European Union’s gross national income (GNI). These contributions are referred to as GNI own resources, and they are now the most significant source of revenue for the European Union, accounting for approximately 80% of total own resources. Own resources constitute the revenue side of the EU’s annual budget. The structure of the budget’s expenditure side – that is, how spending is distributed among the various policy areas – is laid down in the seven-year Multiannual Financial Framework (MFF), which is adopted by the Council with the consent of the European Parliament. The MFF sets ceilings on spending in the various policy areas. To this end, it is divided into headings and subheadings that correspond to the European Union’s respective policy areas. These ceilings are not to be exceeded in the process of both preparing and executing the EU’s annual budget. Under the current financial framework, agricultural policy and structural policy (which targets regions with below-average per capita income) each account for over a third of EU expenditures. Research and development accounts for roughly ten per-cent of spending. About five per-cent of the EU budget is spent on foreign and development policy (“EU as a global player”) and one per-cent on justice and home affairs (“Citizenship, freedom, security and justice”). Administrative expenditures account for roughly eight per-cent of spending (see Figure 1). The various types of own resources, the methods for calculating them, and the shares to be paid by each member state are laid down in the EU’s Own Resources Decision. Amendments to the Own Resources Decision require a unanimous vote by the member states in accordance with Article 311 of the Treaty on the Functioning of the European Union (TFEU). Any such amendments must subsequently be ratified by the individual member states. The European Parliament must be consulted in connection with any amendments to the Own Resources Decision. Fig. 1.: EU budget 2014, payment appropriations bn. € Expenditure 11,44 Research and Development (Competitiveness for growth and jobs) 50,95 Cohesion Policy (Economic, social and territorial cohesion) 56,5 Agricultural Policy (Sustainable Growth: Natural Resources) 1,68 Home affairs (Security and citizenship) 6,19 Foreign Policy (Global Europe) 8,4 Administration 0,38 Compensations 135,5 Revenue GNI own resources 99,77 VAT own resources 17,88 Traditional own resources 16,31 Other revenue Total 1,55 135,5 Source: EU-KOM 3 The member states receive disbursements from the EU budget for the purpose of implementing EU policies. As a result, EU expenditures lead to return flows of funding to the individual member states, particularly in the categories of structural policy, agricultural policy and research policy. Together with transfers of own resources to the EU, these return flows of funding determine whether a member state is a net contributor to or a net beneficiary of the EU budget (net positions for 2013 are shown in Figure 2). Because the net positions of member states are often felt to be unfair, the own resources system also contains a number of rebates that serve to reduce the own resources payments of individual member states. This includes the rebate given to the United Kingdom, which former Prime Minister Margaret Thatcher secured with the demand, “I want my money back”. But the United Kingdom is not the only member state to receive a rebate – Germany, the Netherlands, Sweden, Denmark and Austria receive rebates as well. In many ways, the own resources system functions well. However, critics often point to the administrative burdens associated with the system, especially when it comes to calculating the rebates and the VAT base. Another major point of criticism repeatedly raised by the European Parliament and the European Commission is that the system allegedly gives rise to perverse incentives among the member states. The argument here is that the member states strive to maximise their own net returns from the EU budget when negotiating the Multiannual Financial Framework and the annual budgets. Over the years, this behaviour has taken on a name of its own, namely the principle of juste retour, or “just returns”. The European Parliament and the European Commission want to reduce their dependence on the member states, for example by securing their own, separate source of revenue and by strengthening their say in matters involving EU finances. Fig. 2: Net-balances of member states with respect to EU budget 2013, in p.c. of national GNI1 6 5 4 net contributers net beneficiaries 3 2 1 0 -1 SE DK DE UK NL BE AT FR FI IT LU IE HR CY EE SI MT SK CZ PT EL RO PL LV BG EE LT HU 1Excluding expenditure on administration and traditional own resources 4 To this end, in 2011 the Commission submitted a proposal to reform the own resources system. 1 Among other things, the proposal called for the elimination of VAT-based own resources and recommended that member states instead remit a portion of their VAT revenue directly to the Commission (under a “revenue-sharing” arrangement). In addition, the proposal suggested that part of the revenue from the planned financial transaction tax be used to finance the EU. However, the Commission’s recommendations meant that certain member states would have faced additional costs and unacceptable redistributive effects. As a result, the proposal failed to gain the approval of all member states. As part of the negotiations on the new 2014-2020 Multiannual Financial Framework, the European Commission and European Parliament insisted on continued discussions towards the reform of the own resources system. This request was granted by the Council in December 2013 as part of a joined agreement by the three institutions on the financial framework. 3. Workshop on the future of EU finances In order to lend scholarly and scientific support to the work of the high-level group, the Federal Ministry of Finance invited various experts – including Dr Clemens Fuest, a member of the high-level group – to a workshop in Berlin. The workshop had three main goals: • 1 to discuss the main advantages and disadvantages of the current own resources system and to propose benchmarks for reforms • to examine the legal options and limits for enhancing the European Parliament’s role in matters involving EU finances • to identify how the structure of the EU budget can be changed in ways that create genuine European added value. COM(2011) 510 FINAL 5 Appraising the own resources system; criteria for assessing reform proposals While workshop participants pointed out that the current system is known to have certain flaws (which derive, in paticular, from its complexity), they also emphasised that the system possesses a number of positive features that need to be preserved in any reform effort. There was widespread agreement that the financing system’s biggest problems are situated on the expenditure side of the EU budget. As a result, focusing exclusively on reforming the revenue side of the budget would be unlikely to yield the desired results. At the same time, however, the experts argued that the efficiency and transparency of the own resources system could be enhanced quickly through one key reform on the revenue side – eliminating VAT own resources and replacing them with GNI own resources. One of the own resources system’s main advantages, according to the experts, is its ability to ensure a stable and reliable source of financing for the European Union’s expenditures. In addition, the instrument of GNI own resources plays a decisive role in enforcing fiscal discipline. Because higher spending automatically leads to higher payments of GNI own resources out of member state coffers, national governments – especially in countries that are net contributors to the EU budget – have a powerful interest in curbing requests for additional spending. Another advantage of the current system highlighted by the experts is that it gives each member state the leeway to finance its own resources payments in a way that conforms with voter preferences. In some cases, member states have markedly different ideas about the types of tax that should be drawn on to finance public spending, and as long as EU own resources are funded mainly through contributions from national budgets, the member states retain the freedom to decide how they want to finance their own remittances. According to the workshop participants, this advantage would be lost if a larger share of own resources were to be collected through direct levies on businesses and individuals in accordance with uniform EU-wide criteria, as is the case with traditional own resources. A number of experts also asserted that the rebates should be retained because they serve to facilitate compromises in EU budget negotiations. At most, the process of granting the rebates could be simplified. A few experts even argued that the current system was close to ideal for financing an entity like the European Union, for two main reasons. First, because the bulk of EU spending is financed through GNI own resources, member state contributions to EU finances are generally in line with their economic capacity, and this upholds the principle of equity in financing public spending. In choosing how to finance their GNI- and VAT-based own resources payments, member states can take national living conditions and notions of equity into account. Second, because the member states already possess the necessary administrative structures, they are able to collect and process own resources more efficiently than the EU can, and this upholds the principle of efficiency in public finances. Even greater efficiency could however be achieved by eliminating VAT own resources and the administrative burdens associated with calculating them. Another point of critique was that – due mainly to the structural funds and common agricultural policy – the bulk of the EU budget involves spending that exclusively benefits individual member states but must be paid for by all. In the view of workshop participants, this gives net beneficiaries an incentive to press for higher EU spending, although this incentive is partially offset by the role that GNI own resources play in fostering fiscal discipline. Further improvements could however be achieved if the EU budget were geared more towards the financing of European public goods. In their view, new reform proposals should therefore be judged according to the criterion of whether or not EU expenditures create genuine European added value. Reforming the expenditure side: “Better spending” by ensuring European added value A greater European added value does not require a bigger budget; it could be achieved simply by changing the composition of EU expenditures. The experts cited examples of the types of spending that would increase European added value, including cross-border transport infrastructure; joint border security; joint consulates; energy and digital networks; and research and development. The workshop participants acknowledged the fact that the new 2014-2020 Multiannual Financial Framework incorporates initial steps towards the modernisation of EU spending, but they emphasised that further progress could be achieved by targeting the EU budget more towards the spending categories mentioned above. Nevertheless, in spending categories that require high staffing levels, it would not necessarily be the case that functions could be performed more cost-effectively at the European level than at the national level. This would depend on employee salary levels, according to case studies cited by workshop participants. The experts were divided on the matter of agricultural spending. Some argued that using the EU budget to pay for agricultural spending creates European added value because it prevents harmful subsidy races between member states. Others pointed to empirical studies based on data from countries outside the EU, which had found scant evidence of subsidy races in the area of agricultural policy 2. In their view, therefore, there is no longer any reason to grant agricultural subsidies through the EU budget. Several participants highlighted the fact that, up to now, the EU budget has been used solely to finance the EU’s various political tasks and to redistribute money between the member states via the structural funds and the common agricultural policy. However, the “Four Presidents’ Report”, which 2 BERTELSMAN STIFTUNG. The European Added Value of EU spending: Can the EU Help its Member States to save money? 6 was published in 2012 3, sparked a discussion on the issue of whether the EU budget should also take on a stabilising function. Most of the experts at the workshop took a sceptical view of this idea, because, for example, it was not clear what types of downturns would trigger a compensatory response from the EU budget – would this involve downturns that only affect individual member states, or downturns that affect all of the member states at once? Furthermore, would raising or lowering member states’ contributions to EU finances according to economic conditions be sufficient to stabilise their economies, or would allocations of EU funding to the member states also need to fluctuate accordingly (i.e. in an anticyclical manner)? Moreover, it would be necessary to explain why such an additional financial guarantee instrument had to be created. The experts emphasised that individual member states could protect themselves on their own against cyclical difficulties by sufficiently reducing their levels of public and private debtors. They also asserted that when other economic unions experience downturns, foreign investors are more willing to accept lower returns or may even partially write off their claims, thereby easing the burdens on public finances. The creation of the banking union is already a first step in this direction. Finally, the workshop participants agreed that it would have to be clarified how any such risk-sharing instrument could be set up without establishing permanent net contributors and net beneficiaries. No representation without taxation? The workshop also focused on the question of whether the European Parliament should be granted greater autonomy over the revenue side of the EU budget. Demands to give the European Parliament more responsibility in revenue matters are nearly as old as the own resources system itself. Such 3 VAN ROMPUY, H. / BAROSSO, J.M. / JUNCKER, J-C. / DRAGHI, M. (2012).Towards a genuine Economic and Monetary Union. 7 demands are connected to the hope that the European Parliament would exercise greater fiscal discipline if the Parliament itself – and not the member states – were required to justify to EU citizens any decisions to increase taxes or contributions. In addition, those who favour giving the European Parliament greater autonomy in revenue matters believe that this would enhance the institution’s legitimacy. This position can be summarised – in a clever twist on one of the main slogans of the American Revolution – as “no representation without taxation”. There was widespread agreement among the workshop participants that any efforts to grant the European Union greater financial autonomy would be subject to strict legal constraints, especially if this were to involve the introduction of a separate EU tax. They added that any such revenue instrument could be categorised as an EU tax only if the EU held the power to legislate the tax and to collect its revenue (but not necessarily the power to enforce it). For this reason, national taxes that are harmonised on an EU-wide basis cannot be called EU taxes. The experts also emphasised that any introduction of an EU tax would have to comply with the requirements of EU primary legislation and national constitutional law. The situation would be made even more difficult by the fact that measures involving the own resources system must be adopted by unanimous vote. Within these constraints, the most that would be possible would be the introduction of taxes designed to influence a particular behaviour under Article 192 (2) TFEU. Such taxes, however, would require a clear emphasis on the behaviour that is to be influenced by the tax. As a result, they would be of limited suitability for financing the EU budget. Beyond this, current law would allow for further steps towards harmonisation, but this would not result in a genuine EU tax. Several participants explicitly pointed out that, throughout the history of fiscal policy, the right to tax has been closely connected with the authority to borrow. Tax yields are always subject to cyclical fluctuations. This means that, if the European Union were to be financed solely on the basis of taxes, during periods of economic downturn it would face the risk of not collecting enough tax revenue to cover all of its expenditures. As a result, these experts argued, the introduction of an EU tax would inevitably lead to a situation in which the European Union would need to be granted the authority to borrow. This would at least be the case if GNI own resources were no longer available to cover any gaps in financing – another reason to retain the instrument of GNI own resources. Dirk H. Kranen, Head of Division EA2, and Dr Malte Hübner, Policy Officer in Division EA2, are specialists on EU budgetary and financial issues at the Federal Ministry of Finance. 4. Summary and outlook The discussions at the workshop showed that the reform of the own resources system is a project of considerable significance, with key ramifications for the ongoing development of the European Union. The opinions and recommendations voiced by the experts provided an important contribution to the reform debate. One of the workshop’s main conclusions was that the reform debate cannot focus solely on the revenue side of the EU budget. Rather, the biggest room for improvement is on the expenditure side; here, it is essential to build and expand on the initial steps that have already been taken to modernise the EU’s spending structure. Some parts of the EU’s revenue collection system work well as they are – this is especially the case with GNI own resources. However, more transparency could be achieved with relative ease by eliminating VAT own resources and automatically replacing them with GNI own resources, an instrument that is much more straightforward. On the other hand, giving the European Parliament greater autonomy in revenue matters could make it more sensitive to the concerns of taxpayers. However, this would require the entire EU budget to be financed on the basis of an EU tax, a step that is subject to powerful constraints under EU primary legislation and national constitutional law. Moreover, introducing an EU tax to finance the EU budget would also entail granting the European Union the authority to borrow. 8 Opening Statement by Dr. Thomas Steffen State Secretary, Federal Ministry of Finance is scheduled for 2016. On the basis of this final report, the European Commission will decide whether it will present new own-resources initiatives. The own resources for the EU budget currently total €135 billion. This not only raises questions about the total volume of these funds, but also about the share of financing provided by individual countries. The question of whether the own resources are justifiable is also closely connected to the question of how the funds are used. The EU budget’s expenditure structure is therefore also on the agenda. Good morning and welcome to our workshop on the future of the European Union’s finances. I’d like to extend a particularly warm welcome to our guests from other EU member states and to the chairs and panellists who will take part in the discussions later. I am delighted that we have Professor Clemens Fuest here as our special guest. Professor Fuest is a member of the EU’s high-level group on own resources – which brings us to today’s topic. The work of the high-level group is the reason why we are holding this workshop. The appointment of the high-level group was the result of a joint decision by the European Parliament, the Council and the Commission in December 2013. It was part of an overall compromise regarding the adoption of the new multiannual financial framework. Each of the participating institutions appointed three representatives to the group, which is chaired by Mario Monti. According to the joint decision, the high-level group “will undertake a general review of the own resources system guided by the overall objectives of simplicity, transparency, equity and democratic accountability.” The group will present its first assessment of the own resources system before the end of this year, and its final report 9 Only if we succeed in making it clear in the future that the EU budget is being used very specifically to finance European public goods – in other words, for projects with a clear added value for Europe – can we justify raising the necessary own resources. Steps to modernise the expenditure structure were successfully initiated during the negotiations on the multiannual financial framework for the 2014–2020 period. Nevertheless, there is still a need for further reforms. This workshop aims to provide input in that respect. And the people gathered here today have the relevant professional expertise to provide such input, as one can easily see by casting a glance over today’s programme. I would therefore like to thank all the facilitators and speakers, some of whom have travelled great distances to be here today and give presentations that will provide us with a basis for in-depth discussions. We want to consider four different aspects of the issue of reforming the EU’s finances. Naturally, the very first question is whether it is even necessary to reform the current system. Amid all the criticism – whether justified or not – people often overlook the fact that the existing system of own resources is very successful in a number of respects. On the level of the EU, we have an example of something that is rarely found in the member states: a balanced budget! In Germany, we are currently working very hard towards this goal. The EU budget is, however, balanced every year. In addition, the own resources system offers strong incentives to exercise discipline when it comes to spending. This is because at least some of the member states have an interest in keeping a very close eye on additional spending requests. We at the Federal Ministry of Finance would like to have more of these kinds of allies when the national budget negotiations are being held in Germany. Bearing this in mind, the challenge is to improve the existing system without forfeiting its benefits. For us to succeed in doing so, we first need to identify the current advantages and disadvantages, of course. One of our panel discussions focuses directly on this issue. Second, the question arises as to which yardstick should be applied when deciding what counts as an improvement to the own resources system and what is a step backwards. In other words, we need to identify criteria for evaluating what would be a successful reform. For Germany, as the largest contributor, fair burden-sharing is a key criteria, for example. Economists also call this the ability-to-pay principle. Everyone should make a contribution to public spending according to their ability to pay. Another principle from the world of finance is the benefit principle. According to this principle, each party should contribute to public spending to the degree to which they benefit from it. An interesting question is whether this principle is also reflected, and whether it should be reflected, in the financing of the EU. We have also included a separate panel discussion for this question. Third, we all know that the periodic negotiations on the multiannual financial framework are always very arduous, and that often a compromise can only be reached by granting special rebates to individual member states. There is now a whole range of special rebates that have accumulated over time. This doesn’t exactly make the own resources system more transparent. There are a lot of arguments in favour of simplifying the rebate system or even eliminating rebates altogether. I would warn against harbouring any illusions in that regard, however. Anyone who has experienced the negotiations on the multiannual financial framework at first hand knows that it is mainly the distribution of spending that is seen as unfair, and not necessarily the share of revenue that each member state has to contribute. It is imbalances on the spending side that cause member states to demand rebates on the revenue side. Hence we should not forget to also look for ways to improve how the EU spends money. If we succeed in reassigning funds in such a way that a greater added value is created for Europe, then we might also make progress on the rebate issue. Perhaps we can generate some preliminary ideas on this topic today during the relevant panel discussion. Fourth, there is another important aspect, namely the legal constraints on reforms to the own resources system. Occasionally, demands for reform of the own resources system are linked to calls for granting the EU greater financial autonomy. This argument is actually as old as the own resources system itself. One would hope that having greater responsibility for revenues would also lead to more responsibility in terms of spending. A concrete example of this would be the Budget Committee of the German Bundestag, which takes a very critical look at additional spending requests from ministries. In this way, it supports the federal government’s efforts to keep a tight lid on spending. During the workshop, we will discuss how much leeway the existing legal framework offers with regard to granting the European Parliament more responsibility over revenues. This will be the subject of another panel discussion. We can expect to have stimulating discussions about the future of the EU’s finances today. As you know, the further integration of the EU is a subject close to Minister Schäuble’s heart. He has already held a long discussion with the head of 10 the high-level group, Mario Monti, about the work that has begun. As a kind of added bonus, it might be a good idea to approach the topic of the workshop in somewhat broader terms so that we can discuss whether it is necessary to create a separate budget for the euro area in order to complete the economic and monetary union and, if so, how this could be arranged. But all of us know that, under the Treaty on the Functioning of the European Union, any changes to the own resources system must be unanimously agreed by the member states. Therefore it is important that we keep the interests of all member states in mind when we come up with proposals for reform. Hence I am particularly pleased that representatives from like-minded member states accepted our invitation to this workshop. I wish you all a very successful workshop and hope that the discussions will be intensive and illuminating. Yours sincerely, Thomas Steffen 11 . Panel I: No representation without taxation? Strengthening the European Parliament with an EU-tax? With Eva-Maria Meyer (Moderator), Prof. Dr. Christian Waldhoff, Prof. Dr. Henrik Enderlein, Prof. Dr. Ekkehart Reimer 12 Moderator’s Summary This panel discussed whether granting more financial autonomy to the European Parliament could be a means to increase its legitimacy. Another objective of the panel was to assess the legal scope that is available under current European and national law for taking such a step. Overall, there was agreement among the participants that the question of whether the European Parliament needs to be strengthened – and how this could be achieved – is of major political relevance. However, there was also a consensus that this question cannot be resolved within the framework of a reform of the EU’s own resource system. The panelists pointed out that granting more financial autonomy to the European Parliament would not automatically eliminate the democratic deficit. Rather, it is the order in which further steps are taken that matters. The first step should be to strengthen the European Parliament. Only thereafter should it be assigned more competences. Eva-Maria Meyer Head of Directorate, German Federal Ministry of Finance Eva-Maria Meyer is Head of Directorate in the German Federal Ministry of Finance’s Directorate-General for European Policy. She obtained her German law degree after studying at the University of the Saarland in Saarbrücken. Eva-Maria Meyer has worked at the Federal Ministry of Finance since 1991, where she held several positions before being appointed Head of Directorate in 2014. In between she has spent four years at the European Commission in the European Anti-Fraud Office. 13 The panelists stressed that any reforms to EU finances must respect national and European law. The judicial experts on the panel agreed that existing legislation precludes farreaching reforms such as the introduction of a genuine EU tax. During the panel discussion, it became clear that historically there has been a very close connection between the financial autonomy of a parliament and the right to take on debt. There was wide agreement amongst the participants that, in the absence of the GNI own resource, funding the EU budget on the basis of a European tax would also require granting the European Parliament the right to issue debt. Panel I: No representation without taxation? - Strengthening the European Parliament with an EU-tax? What are European taxes? by Prof. Dr. Christian Waldhoff Humbold University Berlin I will consider the issue of “no representation without taxation” mainly in connection with EU law. This is agreed upon with my co-contributor Ekkehart Reimer. The focus will be on the following four aspects: I will start with some terminological clarifications. On this basis, I will then try to conceptualise the relationship between the power to levy taxes and the power to take on debt. In a next step, I will discuss the issue of the European Union’s competences. I will conclude with a discussion of the question of legitimacy. 1. What does “European tax” actually mean? Christian Waldhoff Humboldt University Berlin Prof. Dr. Christian Waldhoff is the Dean of the Faculty of Law of Humboldt-University Berlin and holds the Chair for Public Law and the Law of Public Finance. His main research interests are constitutional law, the law of public finance, and the law of state-church-relations. He is a member of the Scientific Advisory Board of the Federal Ministry of Finance. The term “European tax” can mean different things. To me, using the term “European tax” only makes sense if two conditions are fulfilled: firstly, that the European Union and its political institutions have the power to enact tax legislation and create taxes; secondly, that the EU has the revenue power, i.e. that it be the beneficiary of and responsible for making use of the taxes raised. I do not consider it necessary for the EU also to administer the tax duties and revenue. This means that the member states could be responsible for collecting EU taxes. Many federal systems – e.g. Germany’s Basic Law – work with a system where the administration of federal law is decentralised. In Germany, the power to enact tax legislation and create taxes is mostly vested in the federal legislature, while, administratively, taxation is handled by the states (the Länder). Therefore, I consider levies of the member states that are not stipulated by harmonization legislation as European taxes in the sense defined above. This applies, for example, to the Commission proposal of a financial market tax. To me, EU taxes – insofar as such taxes are even possible – are not those elements that make up the conventional own resources system over and above VAT own resources. This is because – in addition to the fact that the revenue power is unclear – the 14 power to enact tax legislation lies predominantly with the member states. This is because, despite the fact that the allocation of the revenue power is not really clear in all cases, the legislative competences attributing the tax power remain dominantly with the member states. Examples for existing European taxes in the sense defined above are customs and – a more marginal case – the taxation of the EU´s own personnel. taxation in the field of environmental policy on the basis of Art. 192 (2) (a) TFEU. 2. Relationship between the power of taxation and the power to take on debt (borrowing authority) – observations from the history of public finance I can only hint at the problematic question of what kind of tax legislation can be enacted by means of “enhanced cooperation”. In any case, no substantive innovations to the EU´s system of financing are attainable via this route. In the history of public finance, there is a link between the borrowing authority of a community, i.e. its power to take on debt, and the power to levy taxes. With regard to the EU, this means the following: The granting of borrowing authority to the EU (currently the EU does not have suchauthority) would increase the pressure to introduce taxing rights, and vice versa. 3. Questions of competences Crucial to my analysis are the limitations on the powers of the EU. The EU has only very limited powers of taxation. Additionally, there is a requirement of unanimity for decisions by the Council in the field of public finance. This reflects the member states’ retention of sovereignty in this policy field. We have to presume that changes to the architecture of integration in the field of public finance cannot be enacted by secondary legislation, but require changes to the primary law. This leads to the question of how the EU´s own resources system as laid down in Art. 311 TFEU presently shapes the architecture of EU finances. Taxes that are predominantly geared towards regulatory purposes are not the subject of my considerations if they have a legal basis in the treaties. The main example for this is 15 The EU´s powers to harmonise member states legislation in the field of taxation are – without exemption – subject to the requirement of unanimity. This means that harmonisation cannot be a way to compel against the will of the member states the introduction of EU taxes in the sense defined here. 4. Questions of legitimacy There is a direct link between the issue of legitimacy and the issue of the distribution of legal powers between the EU and its member states. With regard to the relationship between the EU and its member states, the question of the allocation of competences mirrors the question of legitimacy. This implies a specific relationship between taxation and democracy. In this regard, the history of public finance encompasses various concepts: Roman law and medieval times both reconised the principle “quod omnes tangit ab omnibus approbetur” (that which affects all is to be approved by all). In early modernity, the estates had taxation permission rights. Modern constitutionalism embraces the principle that interventions in liberty and property, and thus taxation, require a basis in democratically enacted legislation. The democratic relevance of taxation is further illustrated in the link between equality of taxation and democratic equality. Both constitute distinct forms of equality. With regard to the EU, this means that we cannot avoid entering into the painful discussion of the democratic deficit. . Oftentimes, there is a failure to realise that concepts and categories that originate from the context of the nation state do not fit with the distinct kind of democratic legitimacy that the EU relies on. Most famously, the connection between taxation and democracy is expressed in one of the central claims of the American Revolutionary War in the late 18th century: “No taxation without representation”. The historical situation there was that taxation was not linked to the right of democratic participation. In the context of the EU, the question has been raised whether a reverse claim should be put forward: “No representation without taxation“, in the sense that the introduction of powers of taxation could force improvements of democratic legitimacy. I do not think that this reversal of the claim makes sense. The present system of the EU´s public finances reflects – and quite precisely so – the state of European integration. The dependence of the EU on the assignment of financial means from the member states articulates the lack of a “Kompetenz-Kompetenz” (competence-competence). A true, substantive EU tax that establishes an independent financial basis for the EU would transform the present structure of European integration. We might consider this politically desirable. But this transformation should not be forced indirectly by means of introducing powers of taxation. 16 Panel I: No representation without taxation? Strengthening the European Parliament with an EU-tax? Constitutional Constraints and Issues of Technical Realisation by Prof.Dr. Ekkehart Reimer University of Heidelberg 1. Terminology In the trias of authority to legislate, authority to administer and revenue entitlement, an “EU tax” would be a tax where (at least) all essential features are governed by EU law and the revenue of which is assigned to the Union. A tax is essentially governed by EU law if it is based either on a Regulation or on a Directive (Art. 288 TFEU). With regard to the following remarks on whether or not an EU tax is admissible, it is immaterial whether (and if so, to what extent) the EU as such is responsible for administering and enforcing the rules vis-àvis the taxpayer. 2. Constitutional constraints Principle of conferral While the impact of domestic constitutional law on the shift of powers to the Union varies significantly among the 28 member states, the principle of conferral (being a rule of both EU law and most domestic constitutions) is a paramount restriction. It requires that any exercise of public authority by the EU needs to be covered by the Treaties. This excludes a Kompetenz Kompetenz on part of the EU (cf. BVerfGE 89, 155, 194 – Maastricht) in general (i.e. the competence to decide on its own competences). With a view to taxation, there is a dispute over wheter taxes and customs mentioned specifically (like customs or VAT) or at least group-wise (like environmental taxes) are admissible under the principle of conferral. With regard to other taxes including direct taxes on income, property/wealth or estates, there is remarkable ambiguity. It is true that Art. 311(1) TFEU (following ex-Art. F(3) TEU = Art. 6(4) TEU in its pre-Lisbon version) entitles the Union to “provide itself with the means necessary to attain its objectives and carry through its policies”. As the following sub-paragraphs show, however, this rule is embedded in a 17 Ekkehart Reimer After legal studies at the Universities of Heidelberg and Munich, Ekkehart Reimer joined the teams of Professors Klaus Vogel and Moris Lehner at the Munich Research Center for European and International Tax Law where he also earned his PhD. After habilitation (again in 2005), he was appointed Director of the Institute of Financial and Tax Law at Heidelberg, Germany's eldest Law School, where he also holds a chair of Public Law, European and International Tax Law. From 2009 to 2013, he served as a part-time judge at the High Administrative Court of Baden-Württemberg. framework that includes consent of national parliaments, as provided in the respective domestic law of the member states. With regard to Germany, the Bundesverfassungsgericht (Federal Constitutional Court) has explicitly ruled out any action taken by the (sc. pre-Lisbon) Union to make own financial means available to this Union by virtue of its own (alleged) powers based on ex-Art. F(3) TEU (loc. cit. at 194/5). In so doing, the Court requested a narrow interpretation of the afore-mentioned rule. At first glance, the almost identical wording suggests that this case law may equally apply to what is now Art. 311(1) TFEU. Constitutional constraints have remained the same indeed. To some extent, however, the situation has become less clear after Lisbon. Primary law has changed. Today, the second clause of Art. 311(3) TFEU assigns the power to the Council to “establish new categories of own resources or abolish an existing category”. Subject to the conditions and caveats enshrined in Art. 311 TFEU itself and the entire (procedural and substantive) framework of primary EU law, one might well advocate that EU law does regard any new EU taxes as admissible. If so, neither the EU law principle of conferral nor its domestic counterpart may function as a barrier for an EU tax any longer. Admissibility of non-tax duties Where the EU principle of conferral has been observed, the EU is competent to extent its powers to regulate the fees and similar administrative duties which are designed as a quidpro-quo for a concrete benefit of an individual or an enterprise, or which are capped to the administrative costs (including moderate overhead expenditure) incurred in connection with the concrete case at issue. There might even be some leeway to introduce group-benefit related duties, i.e. to loosen the benefit-duty-connection. A parallel may be drawn to the case law on domestic Sonderabgaben (special contri butions). From a German constitutional viewpoint, any revenue derived from such fees, duties and special contributions can be assigned to the EU if the Union is responsible for the individual benefit and/or where EU resources have been used on an administrative (executive) level. Utmost limits of tax integration By contrast, the imposition of EU taxes in the narrow sense of the word (i.e., financial charges without any legal connection between the duty and pertaining benefits) is subject to further constitutional constraints. In the absence of a more concrete framework applicable here (e.g. human rights or other individual guarantees), these constraints stem from very fundamental rules. In its judgment on the Treaty of Lisbon, the Bundesverfassungsgericht held the view that the principle of democracy and the right to vote would be infringed if decisions on the quality and quantity of financial duties were supranationalized “to a substantial extent” (“Eine das Demokratieprinzip und das Wahlrecht zum Deutschen Bundestag in seinem substantiellen Bestimmungsgehalt verletzende Übertragung des Budgetrechts des Bundestages läge vor, wenn die Festlegung über Art und Höhe der den Bürger treffenden Abgaben in wesentlichem Umfang supranationalisiert würde”: judgment of 30 June 2009, 2 BvE 2/08 etc., para. 256 ). Interestingly, the Court does not leave the “substantial extent” test vague and open with regard to quantitative issues. In the subsequent sentence, it is clearly stated that the Bundestag is responsible, vis-à-vis the people, to decide on the “sum of burdens imposed upon citizens” (“Der Deutsche Bundestag muss dem Volk gegenüber verantwortlich über die Summe der Belastungen der Bürger entscheiden”: loc. cit., 18 para. 256). This implies that as long as there is no citizen who is affected only by EU taxes but bears extra burdens based on (purely) national legislation, the total burden is indeed determined by, or at least approved by, national legislators. It reduces taxpayers’ ability to pay, thus restricts the source of revenue assigned to the member states. By contrast, the qualitative element in the “substantial extent” test seems to be contradictory to this marginal-burden approach. If it is not only the amount but also the type(s) of taxes and duties that can be validated only by consent of national parliaments, the “substantial extent” test is indeed not more than vague and a filter. More technical, indirect EU taxes as well as all types of fees or semi-fees owed and/or paid by the taxpayer will not only reduce her general ability to pay but might affect a person in its business and/or taxable investments. Consequently, a deduction of the EU taxes from the domestic income tax base becomes an issue. Outlook Tax credits Today as well as under any future treaty, the same constitutional constraints apply. Given their ambiguity, the 2009 standards of the Bundesverfassungsgericht are almost inoperable and provide little guidance. From a policy perspective, one might even consider a credit system under which taxes of the lower level (the member states or their political subdivisions) can be credited against the higher-level tax. Vice versa, any comprehensive netbased EU tax (e.g., on corporate income) might want to allow domestic indirect taxes as a credit against the EU tax. Toavoid adverse effects in general and moral hazard in particular, it might be fair to use lump-sum amounts (“matching credits”) rather than granting a full credit on the basis of exact (“real”) tax payments. Some side-issues are clearer, however. This is particularly true for the solidity of the principle of unanimity in Art. 311 TFEU. Unlike other unanimity provisos, Art. 311 is immune against facilitated switch-over to decision-making with qualified majority (Art. 48(7) TEU). This might already derive from proper interpretation of the treaty rules as such. In any case, the utmost limits of integration (supra 2.) ban any approval of Germany’s representative in the Council, even if it were backed by two-third majorities in both the Bundestag and the Bundesrat. 3. Issues of Technical Realisation Once enacted, the existence of new EU tax(es) will impact the existing national taxes of the member states in various ways. Limited ability to pay In a very fundamental way, any tax payment to one authority spoils payment of the same money to a second authority. 19 Tax A as a deduction from the base of Tax B Ban on equivalent national or sub-national taxes Where a legal order assigns legislative authority and revenue entitlement for specific types of taxes to the higher level, this is frequently connected to, and secured by, a ban on equivalent taxes at the lower level(s). From a horizontal EU perspective, any decisions on whether a specific national, regional or municipal tax remains admissible will lie with the ECJ. Under its review, introducing a specific new EU tax might disallow a relatively broad spectrum of taxes levied by the member states or its subdivisions. International law 4. Bibliography A final, though not minor aspect is the application of existing or future bilateral double tax treaties on any new EU tax. Even where this tax, with a view to its substantive features, falls into the scope of a tax treaty under the concepts of “income” or “capital”, it cannot be regarded as a tax imposed “on behalf of” a Contracting State or of its political subdivisions or local authorities (Art. 2(1) and (4) OECD MC). Therefore, the distributive rules of any existing treaties of the member states (inter se or with a third State) will not apply unless otherwise agreed with the other contracting State. The same is true for the provisions on non-discrimination, mutual agreements, arbitration, exchange of information and administrative assistance in the collection of tax claims (Arts. 24-27 OECD MC). While any inter se relations might be settled in the new EU Tax Regulation (or Directive; supra I.), it might become necessary to accompany the introduction of an EU tax by bilateral (EU or every single member state) instruments with the third States concerned. KAßMANN, A- F. (2012). Beitragsgerechtigkeit bei der Finanzierung der Europäischen Union. LANG, M. /PISTONE, P./SCHUCH, J./STARINGER, C. (eds.). (2008). EU-Tax [with Country Reports] MEERMAGEN, B. (2002). Beitrags- und Eigenmittelsystem: die Finanzierung inter- und supranationaler Organisationen, insbesondere der Europäischen Gemeinschaften. OHLER, C. (1997) Die fiskalische Integration in der Europäischen Gemeinschaft. VOGEL, K. /RODI, M. (1995) Probleme bei der Erhebung von EG-Eigenmitteln aus rechtsvergleichender Sicht: zum Auseinanderfallen von Ertrags- und Verwaltungszuständigkeit bei Steuern und Abgaben. WARTHA, U. (2007). Die Reform des Finanzierungssystems der Europäischen Union: eine eigene Steuer für die EUEbene? 20 Panel II: A budget without deficit: What makes the EU’s own resource system so successful? With Christian Kastrop (Moderator), Dr. Friedrich Heinemann, Prof. Jaques Le Cacheux, Prof. Dr. Thiess Büttner 21 Moderator’s Summary This panel discussion focused on the strengths and weaknesses of the current own resources system of the European Union. There was broad agreement among the experts on the panel and among the other workshop participants that the problems of the current system originate mainly from the expenditure side of the budget. Accordingly, the reform of the revenue side cannot be discussed independently from the expenditure side of the budget. There was a general consensus that EU expenditures should focus more on financing European public goods. Participants also agreed that in order to create room for financing European public goods, the EU’s redistributive spending could be re-assigned to the member states. With regard to the revenue side of the budget, the assessment of the panelists was generally positive. The panelists pointed out that the own resources system has proven to be a reliable and stable source of funding for the EU budget. The residual function played by GNI own resources provides incentives for fiscal discipline. Proposals to reform the current system should take the criteria of fairness and ability-to-pay into account and should be evaluated accordingly. The own resources system should enable member states to finance their EU budget contributions in accordance with the preferences of their citizens. Some panelists pointed out that the current own resources system already fulfils most of these criteria. One panelist argued critically that member states view their contributions to the EU budget as costs that have to be compensated by payments from the structural and cohesion funds, and this prevents the EU from financing more European public goods. This view was challenged by other participants who argued that it is the cohesion and agricultural funds that create the incentive to maximise return flows in the first place. Generally, the participants recognised that a central budget at the level of the European Union or the euro area could theoretically provide the basis for a stabilisation function. However, the majority of participants was skeptical whether the introduction of such a stabilisation mechanism at the central level is desirable. Christian Kastrop OECD Christian Kastrop is Director of the Policy Studies Branch at the Economics Department of the OECD. He was formerly Deputy Director General, Economics and Strategy Department and Director of Public Finance, Macroeconomics and Research Directorate in the German Federal Ministry of Finance. He studied Economics and Psychology at the University of Cologne and Harvard University and holds a PhD. in Economics from the University of Cologne. From 2011 to 2014 he served as a Chairman of the OECD’s Senior Budgetary Officials (SBO) network on performance and results. From 2008 to 2010, he served as Chairman of the Economic Policy Committee of European Finance Ministers (ECOFIN-EPC) and Chairman of the EPCEurogroup in Brussels. 22 Panel II: A budget without deficit: What makes the EU’s own resource system so successful? Strengths and weaknesses of the status quo by Friedrich Heinemann, Center for European Research, Mannheim Friedrich Heinemann ZEW Mannheim Friedrich Heinemann is head of the department "Corporate Taxation and Public Finance" at the Centre for European Economic Research (ZEW) in Mannheim. His research interests are empirical public finance with a particular focus on European integration, fiscal federalism, tax policies and reform processes. Heinemann teaches economics at the University of Heidelberg, is board member of the Arbeitskreis Europäische Integration and member of the Scientific Board of the Institut für Europäische Politik (IEP), Berlin. 23 The assessment of the EU’s own resource system must be based on well-defined yardsticks. Thus, in a first step this contribution lists several requirements which an “optimum” system should fulfill. Among others the revenue system should foster the determination of an efficient level and structure of the EU budget but should also be perceived as fair. Subsequently, these yardsticks are applied to the current own resource system which is effectively characterized by many elements of a contribution system. It turns out that the system has its merits for example with respect to providing a stable source of finance, its debt constraints or in regard to the low administrative costs of the most important source, the GNI resource. Furthermore, the current system respects the heterogeneity of tax preferences among the member states since these are free to choose how to refinance their own resource payments. One disadvantages of the current system is that it does not successfully cope with the spending bias towards policies with a visible impact in member countries at the expenses of European public goods. Finally, a direction of reforms towards a better system is pointed out. For any such reflection it is essential to pay attention to the mutual dependence of revenue and expenditure side reforms. The reform perspective pays particular attention to the potential of a well-tailored correction mechanism. Panel II: A budget without deficit: What makes the EU’s own resource system so successful? Avenues for reforming the EU budget by Prof. Jaques Le Cacheux UPPA and OFCE/Sciences Po The shortcomings of the current financing of the European Union’s budget are well known. Mostly relying on GNI-based national contributions, this financing generates strong incentives for reasoning in terms of “net contributions”, in spite of the lack of a serious economic basis for calculating them; it has led to a proliferation of rebates, to policies that redistribute rather than supply collective goods, and to a shrinking budget. Proposals for reforming how the EU budget is financed have been numerous in recent years. Most share the view that “genuine” own resources ought to replace, at least in part, the GNI-based resource, and many advocate the institution of a European tax. This raises the issue of the balanced-budget rule, written in the treaties. On this aspect, two distinct justifications for reforming the EU budget and two avenues for reform ought to be clearly spelled out. On the one hand, reforming the EU budget and its financing in order to foster a better allocation of resources to truly European collective goods certainly requires curtailing the GNI-based resource and creating some EU-wide tax. This raises all kinds of difficult issues with respect to decisionmaking on the nature of the tax, its rate, etc. But it does not entail the need for relaxing the balanced-budget rule. However, because all serious candidates for a European tax will, by their very nature, generate revenues that are sensitive to business fluctuations, the way to reconcile the balancedbudget rule with the creation of a European tax is to preserve the GNI-based contribution as a balancing resource. Of course, tax receipts are more or less sensitive to business fluctuations: corporate income tax receipts are highly procyclical, whereas VAT and carbon tax receipts are less so. Another line of reasoning emphasises the macroeconomic dimensions and stabilising dimensions of the European budg et. It takes inspiration from traditional Keynesian tenets, Jacques Le Cacheux UPPA and OFCE/Sciences Po Jacques Le Cacheux is Professor of Economics at the Université de Pau et des Pays de l’Adour (UPPA). He also teaches economics at Sciences Po (Paris) and the Stanford University Program in Paris. He works on macroeconomics, taxation and European integration issues. He has published many articles in academic and applied, policy-oriented journals. He is the author and co-editor of the series of Reports on the state of the European Union (Palgrave). He has been one of the rapporteurs of the Stiglitz-Sen-Fitoussi Commission on the measurement of economic performance and social progress. 24 but with a distinct twist to be adapted to monetary unions. The issue has been revived recently in the aftermath of the Great Recession and the “sovereign debt crisis”, but it has a long history, as exemplified by the MacDougall Report (1977) 4. Because the aim would be to have an instrument that would improve the macroeconomic stability and resilience of the eurozone, it would imply creating a separate budget for the eurozone. Notwithstanding the numerous institutional difficulties, the failure of existing fiscal instruments to properly achieve macroeconomic stabilisation is so obvious that this path for reform is probably worth investigating. The theory of Optimal Currency Areas (OCA) is a helpful framework for analysing the various dimensions of this issue. OCA theory distinguishes between common macroeconomic shocks that hit all member state economies in a similar way – the 2008 banking and financial crisis is an example — and asymmetric or idiosyncratic shocks that affect the economies of only one or a subgroup of member states. Given the limitations inherent in monetary policy, especially when it comes to fighting severe recessions or deflation, having a common budget that could be in deficit in the face of a common negative shock would likely improve the policy mix and hence the macroeconomic stability of the eurozone. In theory, automatic fiscal stabilisers would suffice, provided the size of this common budget is sufficient, and its structure – i.e. the sources of revenue and the nature of expenditures — is sensitive enough to business fluctuations in the currency union as a whole. 4 COMMISSION OF THE EUROPEAN COMMUNITIES. (1977). MacDougall Report of the Study Group on the Role of Public Finance in European Integration. Brussels. 25 A deficit might even not be required if a “rainy-day fund” could be accumulated in good times, a condition which is far from being met at present. A common but separate budget for the eurozone would also perform as an automatic fiscal stabiliser in another dimension in the face of asymmetric shocks: the countries hit negatively by the shock would benefit from net transfers from the eurozone budget, while those enjoying positive shocks would suffer net negative national balances. If well designed, and provided business fluctuations are indeed cyclical and shocks are evenly distributed, such a budget would not have to run a deficit, and over time there would not be any net redistribution amongst eurozone member states. These two distinct rationales for having a separate budget for the eurozone, which could take various forms with respect to expenditure items (unemployment insurance, automatic lump-sum transfers, etc.), would require that a significant share of revenue is generated by tax instruments that are sensitive to business fluctuations. Panel II: A budget without deficit: What makes the EU’s own resource system so successful? Financing the European Union: Is the Current System Optimal? by Prof. Dr. Thiess Büttner University of Erlangen-Nürnberg In order to outline the optimal financing scheme for the European Union it is important to note some specific features of the EU budget. Due to the expenditure ceiling, unpredicted spending needs are precluded. With the seven year budget period there is also a significant time horizon which enables the EU to conduct projects extending over multiple years. Given this institutional setting, revenue autonomy and access to debt finance are not needed. The challenge for the funding system is only to collect a fixed amount of resources from EU citizens in a way that is supported by the member states. Basically, there are two possible options to do so. One option is to design a EU tax that directly raises the funds from European citizens. The other option is to rely on the member states’ funding capacities by means of intergovernmental revenue. 1. Optimal Financing Scheme From an economic perspective, considering the financing options requires taking into account the principles of efficiency and equity. From an efficiency perspective, the EU funds should be raised in a way that minimizes the deadweight loss to the European economy. From an equity perspective, the burden of financing the EU budget needs to reflect the prosperity or economic performance of the member states. Raising revenues directly from EU citizens might help to improve the visibility of the EU’s use of funds. Yet the heterogeneity of the member states in terms of economic conditions and national institutions makes it extremely difficult to design an appropriate tax instrument. One might think of imposing a surcharge on a tax which is already implemented by the member states, such as personal income taxes, VAT, or Thiess Büttner University of Erlangen-Nürnberg Thiess Buettner holds the chair of Public Finance at the University Erlangen-Nürnberg. After obtaining a PhD in economics from the University of Constance in 1997, Thiess Buettner joined the ZEW in Mannheim, and was appointed head of department of Corporate Taxation and Public Finance in 2003. In 2004 he became Professor of Public Finance at LudwigMaximilians-University and headed the Public Sector department of the Ifo Institute in Munich. In 2010 he moved to the University of Erlangen-Nürnberg. Extended research visits led to the University of Kentucky (USA) and Oxford University (UK). Thiess Buettner is currently vice chair of the Scientific Advisory Council at the Federal Ministry of Finance. 26 other taxes. But, in any case, full harmonization would be required to prevent obvious discrimination and differences in the dead-weight loss. With regard to direct taxes on individuals, harmonization alone is not sufficient to ensure an equitable tax base, since economic conditions between member states are vastly different and would require to adjust tax brackets according to the price level faced in the respective member state. With regard to indirect, ad valorem taxes such adjustments might not be necessary but, still, enforcement would be an issue. Moreover, collecting taxes from EU citizens would introduce uncertainty in the budget. Depending on the tax base, in order to balance the budget, smoothing of revenues through other funds, such as contributions from member states or debt finance, may be necessary. Raising funds by contributions is a simpler and more effective way to meet both efficiency and equity concerns. In order to address the latter, all that is required is a simple allocation of the total revenue requirement among member states using an indicator of prosperity or economic performance. In accordance with the subsidiarity principle, the task of ensuring efficient revenue collection is assigned to individual member states, who decide on their own through which tax instruments the required funds are collected from their citizens. Tax smoothing takes place through the budgets of the member states and no debt finance is required for the EU as a result. Moreover, if contributions tend to decline with weaker economic performance of a member state, the funding scheme helps stabilizing the budgets of the member states and, hence, reduces their need for debt finance. 2. EU Own Resource System With the EU council decision from December 2013, the system of own resources of the EU will continue to rely mainly on the GNI based contributions. This design fits well with the optimal financing scheme outlined above. While GNI has its limitations, it is undoubtedly a key indicator of prosperity 27 and economic performance. Due to the importance of macroeconomic figures such as GNI in the fiscal policy surveillance by the EU, the GNI indicator is already uniformly defined using a comprehensive set of rules. This makes it a useful indicator for the equity concern associated with the funding of the EU budget. Furthermore, since GNI is closely related to tax revenues, tying contributions to GNI helps stabilizing the budgets of the member states. The assignment of traditional own resources to the EU budget is uncontroversial, since they are related to EU policies. However, the VAT resource is not an obvious element of an optimal financing scheme. Due to consumption smoothing, aggregate consumption is arguably a less precise indicator of economic performance. Of course, the VAT resource is associated with tax revenues rather than consumption. Therefore, the VAT resource might foster the stabilizing effect on member states budgets. Since VAT fluctuations tend to be closely associated with GNI, this advantage is limited, however. More importantly, there are equity concerns as compliance varies between member states. Additionally, the complex computation of a harmonized base is difficult and not quite transparent. The new system of own resources still contains correction mechanisms, which are not part of an optimal funding system. An assessment of these corrections would require taking into account the expenditures side of the budget as well. Presentation: Improving the own resource system - The Commission Proposal by Stefan Lehner Director DG Budget, European Commission Stefan Lehner European Commission, DG Budget Stefan Lehner is Director for Own resources and financial programming in DG Budget of the European Commission, appointed in 2006. He graduated from University of Hamburg in 1983. He joined the European Commission in 1985, initially in DG II (ECFIN) dealing with economic forecasting, labour market and competition policy issues. Since 1994 he has worked on issues related to the EU budget in various functions, both in DG Budget and DG Research. Stefan Lehner was member of Cabinet of Commissioner Erkki Liikanen in 1994-1999 and Head of Cabinet of Commissioner Dr. Michaele Schreyer in 2002-2004. He is a lecturer at the Postgraduate Programme in European Studies, Berlin. In 2010/2011, when the European Commission prepared its proposals for the financial package for the EU budget for 2014-2020, there was no hesitation to consider the reform of the own resources system as an integral part of the package. Contrary to earlier exercises, own resources were very much on the agenda: The negotiations for the 2007-2013 multiannual financial frame-work had been concluded in December 2005, with many Member States registering their discontent with the state of the own resources system - the main focus of the criticism were the numerous rebates which had crept into the system, rendering it incomprehensible except for a few experts; the complexity of some of the existing own resources was also criticized. Equally important, the EPhad retaken the initiative with the 2007 report by Alain Lamassoure 5, the Chairman of the Committee on Budgets. Also the academic debate which advises the EU to focus its budget more on EU value added expenditure had recognized that the “juste retour” based negotiations due to lack of genuine own resources and the ubiquitous rebates were preventing any progress in this direction. Institutionally, the Lisbon Treaty which had come into effect in 2009 – while confirming that the sovereignty with regard to own resources remained with the national Parliaments – had introduced some language (in particular in Art. 311 TFEU: “(The Council) … may establish new categories of own resources or abolish an existing category”) which was perceived by some as willingness to allow the EU to evolve its own resource system. These elements were taken up in the 2010 Commission Budget Review preparing the ground for comprehensive reform proposals. The substantial assessment of possible new own resources by the Commission services – as documented in the 2011 Own Resources Report 6 – provided the material base for Commission’s decisions. In June 2011, as part of its 5 LAMASSOURE, A. (2007): Report on the future of the European union’s own resources (2006/2205(INI)). European Parliament. Brussels EUROPEAN COMMISSION. (2011). Commission Staff Working Paper; Financing the EU Budget: report on the Operation of the own resources system. SEC(2011)876final/2 6 28 proposals for the 2014-2020 financial package, the Commission proposed a thorough overhaul of the financing of the EU budget: the current own resources calculated from a statistically harmonized VAT-base should be ended, two new own resources should be introduced based on a to be established harmonized taxation of financial transactions (FTT) and based on actual VAT collected on standard rated transactions, rebates would continue but much simplified by means of lump sums, and the legal framework would be recast in a more logical structure. The Commission proposals having been presented as draft legal acts allowed a very thorough technical examination by Member states, in particular of the new VAT own resource; while the significant simplification compared to the current VAT-based own resource was acknowledged, most Member states remained opposed to the principle of a new own resource or to specific aspects of the proposal. The FTT legislative proposal had to be recast in February 2013 under enhanced cooperation and has not yet been adopted, thus not providing a base for a possible own resource. In its conclusions of February 2013 on the 2014-2020 financial package, the European Council therefore basically confirmed the status quo for the own resources system: on own resources, it did not retain the proposals of the Commission, but called on Council to continue working on them; concerning the rebates, there were only minor adjustments. In the subsequent negotiations with the EP, own resources remained on the agenda, due to the EP linking the issue to its required consent for the multi-annual financial framework. The EP had in fact identified new own resources as one of its key negotiation objectives, together with a bigger overall financial framework and increased flexibility. Without anyconcessions on the substance of own resources, the Council did agree to the creation of a High Level Group on ownresources with members nominated by the three institutions, to undertake a general review of the Own resources system. The Group under the chairmanship of Mario Monti will provide a first assessment by the end of 2014, and deliver its report – after also consulting the national Parliaments – in 29 2016. On the basis of the results, the Commission will consider new own resources initiatives for the post-2020 negotiations In my personal view, and notwithstanding the positions the incoming Commission will eventually take on these issues, I would expect own resources to remain on the political agenda of the EU in the years to come, as many of the driving factors of 2011 remain valid. The specific Commission proposals of 2011 will be considered further by the High Level Group together with new ideas from its members; they will have no privileged status, but their thorough preparation and the legislative deliberations have established a reference point. It could have an impact whether the separate negotiations on the FTT eventually succeed; whether all or part of its revenues could then become an own resource for the participating Member states would, however, still be a separate discussion. Overall, it will be the report of the High Level Group which will be the next driver of the discussion, and the Commission, as well as Council and Parliament, are following its progress very carefully. It may finally be worth noting that many of the issues related to EU own resources may also emerge in the context of some kind of fiscal capacity of the Eurozone. Any actual expenditure in such a context would need to find appropriate financing source(s) from the Eurozone itself or the participating Member states. The European Council of December 2013 has asked its President, in close cooperation with the President of the European Commission to report to the October 2014 European Council “with a view to reaching an overall agreement”. Panel III: Can the EU’s own resource system be improved? What would be the criteria? With Prof. Dr. Christian Traxler (Moderator), Prof. Dr. Clemens Fuest, Christian Kastrop, Prof. Dr. Helge Berger 30 Moderator’s Summary This panel set out to identify a set of criteria that should be used to evaluate reform proposals for the own resources system. During the discussion it emerged that any reform proposals should also take into account the expenditure side of the European Union’s budget. There was a general consensus that reforms to the own resources system should aim to improve transparency and efficiency. Reforms should also be geared towards the principles of equity and ability to pay. The panelists agreed that the current own resources system already meets most of these criteria. However, further improvements could be achieved by financing an even larger share of the budget through GNI-based own resources while at the same time scaling back contributions of VAT-based own resources. There was also agreement that the rebates granted to some member states are making the current system opaque and complex. However, many experts argued convincingly that the rebates play a crucial role in solving integration problems. Nonetheless, the participants asserted that the methods for calculating rebates could be made simpler and more transparent. There was a broad consensus that focusing the expenditure side more towards the provision of European public goods would make it easier to reach a compromise on the rebates. The panelists underscored that there is substantial scope for improvements on the expenditure side of the budget. Comparisons with other federation-like structures typically suggest that spending at the central level is targeted mainly towards defence, foreign relations, law enforcement, communications and transportation systems. This is not yet the case with the European Union, which spends a large share of its budget on local public goods such as the Common Agricultural Policy and the cohesion funds. 31 Christian Traxler Hertie School of Governance Christian Traxler is professor of Economics at the Hertie School of Governance in Berlin. He studied economics at the University of Vienna and the Carlos III University of Madrid and received his PhD in economics from the University of Munich. Before being appointed professor, he held positions at the Max Planck Institute for Research on Collective Goods in Bonn, the University of Amsterdam and the University of Marburg. Panel III: Can the EU’s own resource system be improved? What would be the criteria? Appropriate criteria for a good revenue system by Prof. Dr. Clemens Fuest Center for European Research, Mannheim A reform of the EU financing system needs to be based on appropriate criteria for a good revenue system. It is helpful to distinguish between general criteria and EU specific critieria. The general criteria are: • • • • • Equity: Fair burden distribution among member states Efficiency: Administration costs/ econ. distortions Sufficiency and Stability Transparency and Simplicity Democratic accountability and budgetary discipline. This is complemented by the following EU specific criteria: • • • Subsidiarity principle and respect for fiscal sovereignty of member states Support the focus of EU policies on areas with European added value Limit political transactions costs (costs of finding political compromises between member states and among EU institutions). Currently the GNI resource is the backbone of the EU financing system. This financing instrument has a number of advantages which include fairness, stability, low administration cost, simplicity and transparency. It also leaves room for heterogeneous national tax preferences and tax policies (subsidiarity principle). In addition, the link between costs of EU financing contributions and national tax revenues, combined with budget cap and unanimity rule for Council decisions imposes fiscal discipline. The drawbacks of the GNI resource are that it does not use potential for European added value on the revenue side and it offers no solution for the current lack of support for spend- Clemens Fuest Center for European Research Prof. Dr. Clemens Fuest is President and Director of Science and Research of the Centre for European Economic Research (ZEW) in Mannheim. As ZEW President, he is also a professor of economics at the University of Mannheim. ing on EU wide public goods. The latter is primarily an issue for reforms of expenditures and, possible, reforms of the correction mechanism. Adding other own resources requires a sufficient degree of tax coordination or tax base harmonisation. Here one of the challenges is that most taxes where this harmonisation exists are regressive (including the currently existing VAT resource). 32 Panel III: Can the EU’s own resource system be improved? What would be the criteria? The budget of the OECD by Christian Kastrop OECD The appointment of the EU’s high level group on own resources initiated another round in the discussion of reforming the EU budget. To identify options for reform, it may be helpful to learn from the organization of the budget of other international organizations. One candidate for such a comparison is the Organization for Economic Cooperation and Development (OECD). The OECD budget and the content of its work program are established every two years by the OECD’s governing body, the Council. The budget for 2013 is EUR 353 million. A main feature of the OECD budget is its organization in two baskets. All member countries contribute to the outputs funded by the first basket, which accounted for 53 % of the overall budget in 2013. In 2013, 83 % of the expenditure in this basket was staff related. Calculation of member states contributions are based in national income. The second basket comprises ongoing work-streams or projects, which are of interest to all or a number of members or relating to special policy sectors not covered by the first basket. In this area it is also possible to have non-member states on board. Projects in the second basket are funded by individually designed scales or other arrangements agreed among participating countries. The OECD strives to improve the efficiency of its budget. It seeks to enhance member states value for money by doing more with the same resources. Between October 2013 and March 2014, the OECD Secretariat undertook a systematic assessment of its cost structure and the way outputs are produced across the organisation. The Project aimed to ensure that OECD Members will continue to get excellent value and impact from the resources they provide. The Project entailed a comprehensive ‘top down’ and ‘bottom up’ review of the rules and regulations. Savings were for instance realised by recurrent salary moderation. In line with some flexibility in the budgetary process unused resources are immedi- 33 ately moved back to member countries after a council decision. Of course, with an annual volume of only 1 % of the EU budget and the financing system of the OECD cannot be directly compared to that of the EU. However, the flexible geometry of financing tasks for all members, a group of members or even outside but likeminded countries together with a very detailed controlling system within a modern money for value budgeting system could also serve the EU right now but even more when the road to a more federal system with different layers – the core being the Eurozone – is emerging in the future. Christian Kastrop OECD Christian Kastrop is Director of the Policy Studies Branch at the Economics Department of the OECD. He was formerly Deputy Director General, Economics and Strategy Department and Director of Public Finance, Macroeconomics and Research Directorate in the German Federal Ministry of Finance. He studied Economics and Psychology at the University of Cologne and Harvard University and holds a PhD. in Economics from the University of Cologne. From 2011 to 2014 he served as a Chairman of the OECD’s Senior Budgetary Officials (SBO) network on performance and results. From 2008 to 2010, he served as Chairman of the Economic Policy Committee of European Finance Ministers (ECOFIN-EPC) and Chairman of the EPCEurogroup in Brussels. Panel III: Can the EU’s own resource system be improved? What would be the criteria? Improving the EU's own resources by Prof. Dr. Helge Berger* International Monetary Fund How to improve the European Union’s (EU) own resources? The euro area crisis has turned what was—and to some degree still is—a fairly technical issue into a discussion that reflects on our ideas on the longer-run direction of the European project. Should the EU budget remain limited to fulfilling a small set of historically given functions, such as the common agricultural policy (CAP)? Or should we consider embarking on the slow journey towards something closer to what Richard Musgrave would have recommended as the central budget of a group of states converging, however slowly, towards a more federative structure? Helge Berger International Monetary Fund Advisor in the IMF's European Department, was educated in Munich, Germany, where he received his PhD. and the venia legendi for economics. He taught at Princeton University as a John Foster Dulles Visiting Lecturer, helped to develop the Munich-based CESifo network as its research director, and was a professor (tenured) for monetary economics at Free University Berlin *This summary should not be reported as representing the views of the IMF or it’s Executive Board. The views expressed are those of the author and do not necessarily reflect those of the IMF. Reform principles. To a large degree, the answer depends on whether (or how fast) Europe will become a political union. That said, the EU budget can do more for Europe already today. This will require: (i) focusing the reform discussion on the budget as a whole, not just the revenue side; (ii) continuing to broaden the revenue base towards the Gross National Income (GNI) while moving towards tax-based revenue collection; and (iii) taking a careful look at the principles that govern the selection of taxes allocated to the EU level. In sum: the EU budget does not have to be large, but should be designed right. The expenditure side of the budget matters. Few will disagree with the Musgravian principle that the central level of government should be providing area-wide public goods and services. This is usually understood to include areas such as defense, environmental protection, large-scale infrastructure, as well as area-wide macroeconomic stability. The CAP is typically not part of this set. An added benefit of nudging the EU budget in this direction would be that, by construction, the benefits derived from it would be equal across countries and citizens. This should help moving the discussion of revenue sources towards efficiency and away from the current practice of country-by-country analysis of “net 34 contributions.” If all profit to the same degree, a broad-based tax will be less objectionable. The experience of others suggests spending on public goods. Recent IMF work (Euro Area Article IV; a forthcoming book by the Fiscal Affairs Department) suggests that spending on defense, foreign relations, federal-level justice and law enforcement, communications and key transportation systems is often centralized, in addition to social insurance and macroeconomic stabilization. Even in the most decentralized of federations (e.g., Canada, Switzerland, or the U.S.), the federal level conducts about half of general government spending, implying a budget size of around 15-20 percent of GDP. The EU budget remains an order-of-magnitude smaller, even if off-budget activities (e.g. the EIB’s loan book) are included. That said, the EU’s multi-year fiscal framework stands out in terms of fiscal transparency. Collecting revenue from broad-based taxes is a good idea. Ability to pay seems to be the right principle for allocating the cost of the EU budget, and the present practice of collecting national contributions rightly focuses on GNI shares. However, these contributions come out of national budget and—together with the type of spending currently conducted through the EU budget—invite controversy around the perceived net benefits on a country-by-country basis (i.e. “rebates”). This suggests a gradual move toward broad-based taxes—for example, an income or VAT tax allocated to the EU budget. Indeed, corporate and personal income taxes are usually centralized. In many federations, these taxes fall to the feder al government, often supplemented by regional taxes. Among the reasons cited for this arrangement are that it promotes market integration by ensuring a level playing field for corporates (e.g. by ensuring that profits are calculated at the same basis, enforcing many of the principles currently discussed under the Commission proposal for a Common Consolidated Corporate Tax Base) while limiting inefficient tax competition. In addition, where regional business cycles differ, the pooling of tax revenue in combination with the 35 central provision of public goods allows a measure of risksharing. Consumption taxes are also often centralized, although more for reasons of effective tax administration. The deficit question. Federal governments usually also have the right to issue debt, which allows the smoothing of revenue collection over time in the presence of aggregate shocks. This contrasts with the EU budget that matches spending and revenue in every fiscal year. In keeping with this prudent approach, any EU-level deficit would have to be compensated for by surpluses later (e.g., with the help of a “debt brake”).This would likely require a Treaty change. Alternatively, one could allow the building of buffers that the budget could draw on in times of revenue shortfalls. “Own resources” under consideration. In light of the discussion above, constraining the EU budget to non-volatile revenue sources might be counterproductive if the volatility is regional and pooling revenue leads to a more stable aggregate tax base. Applying this to some of the proposals currently circulating, this would suggest that an EU corporate tax should not be rejected out of hand; also because it would help harmonizing an important tax base across the single market. Similarly, a new VAT resource focused on final consumption, as proposed by the Commission, could be a helpful step towards harmonizing the tax base across the EU and a broader-based VAT later on. The argument of broadening the taxation of value added could also speak for a Financial Activity Tax. Finally, charges on air travel, energy consumption, or other environmental externalities, best addressed at the EU-level, are worth discussing. Panel IV: Reforming the revenue side without looking at expenditure? – Possibilities for a “Better Spending” of the EU With Dr. Rüdiger von Kleist (Moderator), Florian Misch, Dr. Steffen Osterloh, Gregory Claeys 36 Moderator’s Summary This panel discussion focused on how the European Union’s expenditure could be used to generate greater European added value. The participants agreed that greater European added value can be achieved with the existing level of spending. All that is required is a change in the composition of the European Union’s expenditure. The size of the budget does not have to be increased. Allocating a larger share of expenditure to common security, cross-border infrastructure and research and development would help to increase the European added value generated by the EU budget. At the same time, spending on cohesion funds and the Common Agricultural Policy could be scaled back. There was also a consensus that the current composition of the EU budget reflects historical compromises. It was never intended that the budget should play a stabilisation function. The “Four Presidents’ Report”, which was published in 2012, started a discussion about whether this should be changed. However, most participants were sceptical in this regard. They questioned whether the budget would be large enough to function as an automatic stabiliser. Moreover, the panelists raised the question of how a stabilization function could be introduced without turning into a permanent transfer mechanism, as was the case with Germany’s Länderfinanzausgleich (the process of balancing out financial resources between the federal government and the Länder, and among the Länder themselves). 37 Rüdiger von Kleist Head of Division, German Federal Ministry of Finance Rüdiger von Kleist is head of the Research Division at the German Federal Ministry of Finance’s Directorate General for Fiscal Policy, Macroeconomic Affairs and International Financial and Monetary Policy. He holds a PhD in Economics from the University of Freiburg and has worked at the Ministry of Finance since 1991. In between he has spent more than ten years at the IMF and the World Bank in Washington. Panel IV: Reforming the revenue side without looking at expenditure? – Possibilities for a “Better Spending” of the EU The expenditure side of the EU budget and macroeconomic stabilisation by Dr. Steffen Osterloh* European Central Bank The discussion on the reform of the EU budget has for a long time ignored a role it could play for macroeconomic stabilisation. First, it was argued that, due to its limited size of less than one per cent of EU GDP, the EU budget cannot exert a significant stabilizing effect. Second, in the years before the outbreak of the financial and economic crisis, hardly anybody saw the dangers from macroeconomic shocks for the functioning of the EMU. However, under the impression of the divergent macroeconomic developments in the euro area member states and the surging unemployment in some of them, the discussion has picked up momentum in recent years. This has led to the question whether the EU budget should be extended in order to support the absorption of macroeconomic shocks in member states of the monetary union. The economic rationale for such a mechanism is closely related to the theory of optimum currency areas. Since nominal exchange rate adjustments are no longer possible in a monetary union, member states become more vulnerable to asymmetric shocks. This is exacerbated in the absence of other adjustment mechanisms, such as factor mobility, wage and price flexibility, or in the absence of a joint and sufficient resolution fund for an otherwise integrated banking union. The academic literature considers a fiscal transfer system as one potential remedy for asymmetric shocks. Such a transfer system can principally take two forms. First, in a macroeconomic approach transfers could be based on fiscal positions, or on measures of economic activity, such as GDP. Second, a microeconomic approach would link transfers to a specific public function which is sensitive to the economic cycle, such as a common unemployment insurance. This discussion was taken up in 2012 in two reports on the medium and long-term design of EMU: “A blueprint for a Steffen Osterloh European Central Bank Steffen Osterloh is Economist in the Fiscal Policies Division of the European Central Bank (ECB). He received his PhD in economics from the University in Mannheim in 2011. Before joining the ECB, he worked as researcher in the Research Department "Corporate Taxation and Public Finance" of the ZEW Mannheim, as well as for the German Council of Economic Experts (Sachverständigenrat zur Begutachtung der gesamtwirtschaftlichen Entwicklung), Wiesbaden. *This summary should not be reported as representing the views of the ECB or its Executive Board. The views expressed are those of the author and do not necessarily reflect those of the ECB. 38 deep and genuine economic and monetary union” 7 by the European Commission and “Towards a genuine Economic and Monetary Union” 8 by the four Presidents of the European Council, European Commission, Eurogroup and European Central Bank. The latter report of the four Presidents refers to the rationale for such a mechanism in the context of the EMU, called a fiscal capacity, which could “(…) improve the absorption of country-specific economic shocks, through an insurance system set up at the central level. This would improve the resilience of the euro area as a whole (…)”. However, the report also stresses that certain conditions would have to be fulfilled in order to guarantee the proper functioning of such a fiscal capacity. Among others, it should not lead to permanent transfers between the participating member states, it should not undermine incentives for sound fiscal policy, it should be cost-effective and consistent with the principle of subsidiarity. In a recent discussion paper, Feld and Osterloh (2013) discuss how the options for a fiscal capacity perform with respect to the aforementioned requirements. A first important question is whether a fiscal capacity can be an efficient channel for the smoothing of economic shocks. In this regard, evidence from existing federal states gives a first indication. A broad empirical literature studies the insurance against idiosyncratic shocks. Technically, this means that the contributions to the consumption smoothing between regional jurisdictions are estimated. The idea is that a full insurance against statespecific shocks would imply that its overall consumption is 7 EUROPEAN COMMISSION (2012). A blueprint for a deep an genuine economic and monetary union.; Launching a European Debate. COM(2012) 777 final. Brussels. 8 VAN ROMPUY, H. / BAROSSO, J.M. / JUNCKER, J-C. / DRAGHI, M. (2012).Towards a genuine Economic and Monetary Union. 39 completely decoupled from fluctuations of GDP. Overall, it is found that even in federal systems with a significant centralisation of the tax-transfer system (such as the U.S.), the contribution of fiscal policy to risk-sharing is usually limited; moreover, the existing fiscal equalisation schemes in Canada and Germany only provide for a small stabilising impact and are not suitable as risk-sharing device. In contrast, a much stronger contribution to risk sharing at the state level is found for through capital markets, e.g. due to the crossborder-ownership of assets. This supports the view that the size of the Banking Union’s resolution fund must be sufficient and needs to be adjusted over time. With respect to distributional aspects, the proponents of a fiscal capacity for risk-sharing point out that such a mechanism would not entail redistribution over a longer period of time, i.e. every country would sometimes be recipient and sometimes contributor. However, this is not warranted. In a microeconomic approach, the distributional effects would depend on the concrete design of the system. For instance, in the case of a common unemployment insurance, the institutional setup of the national labour markets would have a major impact on the direction and amount of cross-country transfers. If heterogeneities of labour market institutions prevail, even two otherwise completely identical countries hit by the identical shocks would end up with completely different unemployment rates. As a result, transfers would flow from the country with the more flexible to the country with the more rigid labour market. The incentive effects of such a mechanism are also problematic because such a mechanism would reduce the incentives of national governments to pursue a policy aiming to eliminate the sources of unemployment. Applying a macroeconomic approach, it could be considered to condition the transfers directly on the countries' position over the economic cycle. Since over the economic cycle the relative positions of the countries shift, the transfer would flow back in the other direction at some point in time. However, this is not guaranteed due to the unreliability of realtime data of the output gap which indicates the difference between the productive capacity of the economy and the actual level of production. Output gap estimates are often revised several years after their first publication. Calculations by Feld and Osterloh (2013) show that the application of such a mechanism based on the output gap would have created a clear division into net payers and net recipients, even before the crisis. Moreover, transfers would have been pro-cyclical in many cases by benefitting countries which were actually in a boom at a time when real-time data indicated a recession. Finally, incentive effects have to be considered. In particular, a fiscal risk-sharing system reduces the incentives for reforms in order to reduce the vulnerability economic shocks, as well as their likelihood. Therefore, the member states would have lower incentives for increasing the flexibility of labour and product markets. As a result, the likelihood of asymmetric shocks might even increase endogenously. As demonstrated, it would be difficult to develop a system in line with the requirements discussed in the report of the four presidents. Moreover, it should be stressed that other shock absorbers are available which would increase the resilience of the EMU: For instance, automatic stabilisers on the national level can offer self-insurance over the business cycle. Fiscal consolidation has therefore to be seen as a priority to enable them to operate freely. Moreover, integrated capital markets play a significant role as shock absorber in federal states. The banking union can thus be expected to make a contribution towards more resilience against asymmetric shocks. 40 Panel IV: Reforming the revenue side without looking at expenditure? – Possibilities for a “Better Spending” of the EU The European Union budget: Potential Reforms of its Expenditure Side by Gregory Claeys Bruegel The goals of this short presentation are to understand how the European Union (EU) budget is spent exactly, to try to assess its current usefulness and to propose some potential reforms to improve it. The most striking point when looking at the details of the EU budget’s expenditure side is its small size (less than one percent of EU GDP) and the fact that the “cohesion funds” and Common Agricultural Policy (CAP) are still the two most important policies, representing more than 70% of the funds allocated, whereas only eight percent goes to research, innovation, infrastructure, etc. Is this a good way to spend the budget and what are the right criteria to judge that? Gregory Claeys Bruegel Grégory Claeys, a French and Spanish citizen, joined Bruegel as a research fellow in February 2014. His main research interests include financial economics, international macro and finance, and central banking. From 2006 to 2009 he worked as a macroeconomist in the Economic Research Department of the French bank Crédit Agricole, where he was in charge of forecasts and analysis of economic trends in various countries. Prior to joining Bruegel, he held various short-term positions, including serving as a visiting researcher in the financial research department of the Central Bank of Chile in Santiago and as an economist in the Economic Department of the French Embassy in Chicago. He will defend his PhD. in Economics at the European University Institute (Florence) this fall, already holding an M.Sc. in Economics from Paris X University and an M.Sc. in Management from HEC (Paris). He previously taught undergraduate macroeconomics at Sciences Po (Paris). 41 What do we want to achieve with the EU budget? A first way to answer that question is to look at the goals and values of the EU enshrined in the treaties: its policies should contribute to peace, justice, economic and social progress, the well-being of citizens, growth, full employment, solidarity, European integration and mobility. These elements represent a good starting point for deciding what the EU budget should finance, but it is also interesting to look at the EU 2020’s more precise – objectives, which are to generate smart, sustainable and inclusive growth in Europe. Another way to assess the EU budget is to see if it fulfils the classical functions of public spending as defined by Musgrave (1959): stabilisation, allocation of resources and redistribution. The stabilisation function is performed by the EU budget because of its small size, and also because of the absence of flexibility due to the allocation of funds in advance in the seven-year Multiannual Financial Framework. The allocation of resources is influenced by the EU budget in some sectors that are considered to be invariant priorities of the Union (agriculture, innovation, infrastructure, etc.). Finally, redistribution is a clear function (as well as a goal) of the EU budget in order to boost economic convergence between member states’ economies via the enhancement of productive capabilities in less-developed (or restructuring) regions of the EU.In addition to those two sets of criteria (goals of the EU, public spending functions), it also important to add one more criterion: namely, to decide if such expenditures should be made at the national or EU level. The economic justifications for centralisation are the following: economies of scale, externalities of European public goods, complementarity between monetary and fiscal policy, risksharing against idiosyncratic shock at the country level, etc. But of course, economic justifications for decentralisation exist as well, including heterogeneity of preferences across countries, lower implementation costs of policies, etc. Is the current EU budget expenditure repartition justified by goals, functions or economic justifications? Applying very simply the criteria that we have listed above would suggest that there is a need for more Europe in the following areas: diplomatic services and common security (as there exist clear economies of scale, and these areas correspond to EU goals); energy and digital networks (which are truly European public goods); and knowledge, innovation, research programmes, higher education, and climate change policies (large cross border spillovers and EU 2020 priorities). This analysis also suggests areas where less Europe would be needed: regional funds to richer countries, CAP given that food selfsufficiency is not a problem anymore (unlike security of energy supply). Where does the misallocation of expenditures come from? The example of CAP appears to be typical as it is mainly linked to a problem of historical dependence but also of strong lobbying. However, there seems to be a more general political problem. Countries support policies that maximise their receipts rather than policies with their own merits (e.g. no one pushing for research programme in budget negotiations because of the difficulty of predicting net balances when no one knows where research grants will land). That is why potential reforms include a change in the EU budget process. Breaking the link between revenue and expenditure in order to avoid the “juste retour” argument and trying to build real own resources (tax-based and not contribution-based) will lead more easily to reforms on the expenditure side. More generally, it would be good to see a gradual reorientation of EU funds towards expenditures that fulfil the criteria discussed above, in particular from local public goods to European ones. Finally, the implementation of a stabilisation function would appear to be justified, as it would fulfil some goals of the EU, would be economically justified, and is a classical function of public spending. However, this would be a huge step for Europe and some political consent from all member states would be necessary. 42 Summary of the Workshop-Results by Thomas Westphal Head of Directorate General, German Federal Ministry of Finance Ladies and gentlemen, I would like to take this opportunity to thank you all most sincerely for your participation in this workshop on the future of the European Union’s finances. Our guests today included experts from think tanks, international organisations, the European Commission, the European Central Bank, governments and research institutes. I would like to express my special thanks to the facilitators and panellists who gave us the benefit of their expertise. Thomas Westphal Head of Directorate General, Federal Ministry of Finance Thomas Westphal is a trained banker and holds a degree in economics. He started his career in Paris at Paribas and at the economic research institute REXECODE. He joined the German Federal Ministry of Economics in 1992. From 1995 to 1998 he worked for the European Commission’s DG MARKT as a national expert. After returning to the Federal Ministry of Finance in Berlin he has been involved in establishing the economic analysis team after the birth of the Eurogroup and was the alternate member of the Economic and Financial Committee. From 2005 to 2009, Thomas Westphal headed the finance department of the German Permanent Representation to the EU. He returned to the Ministry of Finance as director for European Monetary Union in 2009. Since 2012 Thomas Westphal is Director General for European Affairs in the Federal Ministry of Finance. 43 You discussed various aspects of the EU’s own resources system in detail during four separate panel discussions. I’m sure I’m right in saying that rarely have so many experts on this issue been brought together in one place. Ultimately, however, the question of whether the own resources system will be modified is a political decision. In this regard, we cannot forget that, under the European treaties, this decision must be taken unanimously by all member states. In today’s workshop, we determined that it was the right decision to include the expenditure side of the EU budget in our discussions. One thing became very clear today: When we speak about reforms on the revenue side, we can’t ignore the expenditure side. I would like to summarise the key findings of our discussions as follows: The first session took a very detailed look at various aspects of the issue of introducing an EU tax. It became clear that it would be very difficult to introduce a genuine EU tax under the existing legal framework. It could, however, help to increase the legitimacy of the European Parliament. Against this background, it is difficult to evaluate proposals that only aim to finance part of the EU budget through a tax, as this would only create partial legitimacy. Something that requires further analysis is the question of whether remitting part of national VAT revenues to the EU would already be enough to create greater legitimacy, or whether genuine EU taxes would the EU would already be enough to be needed to achieve this. We also need to reflect on the question of how the European Parliament can be made more accountable for spending. Until now, the parliament has not needed to justify either total spending or the specific allocation of resources to the various policy areas. To conclude, I would like to express my particular thanks to the representatives of the like-minded states, who all accepted our invitation to this workshop. Yours sincerely, Thomas Westphal The second panel discussion highlighted the fact that the structure and composition of the EU budget have evolved over time. In this regard, it was never intended for the EU budget to have a stabilisation function. If such a function were to be retroactively introduced, then this would imply a fundamentally different budget. Incidentally, the idea that a national budget should have a stabilisation function dates back to a very Keynesian era. The third panel discussion gave us a better understanding of the rebates that are widespread in the EU’s current system of financing. The participants pointed out that these rebates are largely the result of the structure of the EU budget’s expenditure side. Hence it will not be possible to avoid them completely in the foreseeable future. The fourth panel discussion made it clear once again that, if we want to get away from the much-criticised “juste retour” (“just returns”) mindset, the EU’s spending structure has to be targeted at financing European public goods. They mentioned many examples of public goods that could be financed by the EU. Incorporating the expenditure side into the reform discussion would increase the chances of reaching a political agreement on the reform of the revenue side. Ladies and gentlemen, we plan to summarise the results of this workshop and send them to you and to the high-level group on own resources. 44 Program Venue Euro-Saal, Federal Ministry of Finance Wilhelmstraße 97 9:00 Opening Statement Speaker Thomas Westphal, Head of Directorate General European Affairs, BMF 9:15 Panel I: No representation without taxation? Strengthening the European Parliament with an EU-tax? S Moderation Panel Eva-Maria Meyer, Head of Directorate, BMF Prof. Dr. Christian Waldhoff, HU Berlin Prof. Dr. Henrik Enderlein, Hertie School of Governance Prof. Dr. Ekkehart Reimer, University of Heidelberg 10:15 Break 11:00 Panel II: A budget without deficit: What makes the EU’s own resource system so successful? Moderation Panel Christian Kastrop, OECD Dr. Friedrich Heinemann, Centre for European Economic Research Prof. Jacques Le Cacheux, OFCE, Paris Prof. Dr. Thies Büttner, University of Erlangen-Nürnberg 12:30 Improving the own resource system – The Commission Proposal Presentation Stefan Lehner, Director DG Budget, European Commission 13:00 Lunch 45 Panel III: Can the EU’s own resources system be improved? What would be the criteria? Prof. Dr. Christian Traxler, Hertie School of Governance Prof. Dr Clemens Fuest, Centre for European Economic Research Christian Kastrop, OECD Prof. Dr. Helge Berger, IMF 14:30 Moderation Panel Break 16:00 Panel IV: Reforming the revenue side without looking at expenditure? – Possibilities for a “Better Spending” of the EU 16:30 Dr. Rüdiger von Kleist, Head of Division, BMF Florian Misch, PhD, Centre for European Economic Research Dr. Steffen Osterloh, ECB Gregory Claeys, Bruegel Moderation Panel Summary of Workshop-Results 18:00 End of Workshop 18:30 46 Bibliography BEGG, I. (2004). Future Fiscal Arrangements of the European Union. Common Market Law Review, Volume 41, 3rd Issue, p. 775–794. BEGG, I. (2005). Funding the European Union. A Federal Trust Report on the European Union’s Budget. London: The Federal Trust. BUSCH, B. (1998). Zur zukünftigen Finanzierung der Europäischen Union. Cologne: Inst. der Dt. Wirtschaft, Medien-GmbH. BUSCH, B. (2012). 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(2004).The European Budget: an alternative to budgetary balances to assess benefits for the Member States. University of Pavia. EULER, M. (2014). Ansatzpunkte für eine Reform des Finanzierungssystems der Europäischen Union. Frankfurt/M. (u.a): Lang. GROS, D. (2005). A Better Budget for the European Union – More Value for Money, More Money for Value, CEPS Policy Brief No.66.: Centre for European Policy Studies. GELLAUFF, G. /STOLWIJK, H. /VEENENDAAL P. (2006). Europe’s Financial Perspectives in Perspective. European Network of Economic Policy Research Institutes: ENEPRI Working Paper No. 46. Brussels. HAUG, J./LAMASSOURE, A. /VERHOFSTADT, G./GROS, D. / DE GRAUVE, P. /RICARD-NIHOUL, G. / RUBIO, E./ PERRIN, C. (2011). Europe for Growth, For a Radical Change in Financing the EU. LE CACHEUX, J. (2004). Negotiating the medium-term financial perspectives for the EU: The Future of the European Budget. LE CACHEUX, J. (2010). Funding the EU budget with a Genuine Own Resource: The Case for a European Tax. RADDATZ, G.K. (2005). Das Eigenmittelsystem der Europäischen Union (1st issue), Frankfurt/M (u.a): Lang. LÜHRMANN, A. /SCHICK, G. /STEENBLOCK, R. (2006). Grüne Vorschläge zur Reform der EU Finanzierung. Berlin: Bündnis 90/Die Grünen Bundestagsfraktion (ed.): Diskussionspapier. SCHREYER, M. (2001). The Own Resources System Needs Rethinking. Intereconomics: Review of European Economic Policy, Volume 36, 5th issue, p. 223-225. NEGRESCU, D. (2008). What to Reform in the European Budget? Some reflections on the stakes of the current budget review process. Romania Journal of European Affairs, Volume 8. REFORM PROPOSALS FOR THE EU-BUDGET: EXPENDITURE AND RENEVUE SIDE. SCHRATZENTALLER, M. (2006). Finanzierungsalternativen zum EU Budget,Monatsberichte/ WIFO, Österreichisches Institut für Wirtschaftsforschung, Issue 12/06 , p. 893-910. TARSCHYS, D. (2007). Agenda 2014: A Zero-Based Approach. SIEPS (ed.): European Policy Analysis, Issue 5/07. Stockholm. ALVES, R.H. /CIESLUKOWSKI, M. (2006). Financial Autonomy of the European Union after Enlargement. Porto: Universidade do Porto, Faculdade de Economia do Porto: FEP Working Paper,. WALTHES, F.(1996). Europäischer Finanzausgleich. DUNCKER UND HUMBLOT. Berlin. 48 WISSENSCHAFTLICHER BERIRAT DES BMWI (1998). Neuordnung des Finanzierungssystems der Europäischen Gemeinschaft, Gutachten. PROPOSALS FOR AN EU-TAX BELAFI, M. (2006). Eine Steuer für Europa? Konzepte steuerbasierter Direktfinanzierung der Europäischen Union. In: Bertelsmann Forschungsgruppe Politik (ed.): CAP Aktuell No.2/2006, S.1-9. BIEHL, D. (1996). Braucht die Europäische Union eine eigene Steuerhoheit?: Ein Plädoyer für eine Reform der Finanzverfassung der Gemeinschaft. Die zukünftige Ausgestaltung der Regionalpolitik in der EU. Munich. CAESAR, R. (2001). An EU Tax? – Not a Good Idea. Intereconomics: Review of European Economic Policy, Volume 36, 5th issue , p. 231-233. CATTOIR, P. EUROPEAN COMMISSION (ed.) (2004). Tax-based EU Own Resources: An Assessment, Taxation Papers, Working Paper No. 1. OSTERLOH, S./HEINEMANN, F./MOHL, P. (2008). The EU Tax Revisited: Should there be one? And will there be one? EU-Consent EU Budget-Working Paper No. 6. LEEN, A.R. (2012). A European tax. The Fiscal Sovereignty of the Member States vs. The Autonomy of the European Union. FRENKEL, D.A. (ed.) /Gerner-Beuerle, C. (ed.): Financial Crisis, Globalisation and Regulatory Reform, p. 29-38, Athen. MENENDEZ, A.J. (2003). Taxing Europe – Two cases for a European power to tax (with some comparative observations). Columbia Journal of European Law, p.1-41. Columbia University. RUBIO, E.: The Case for a European Tax: Benefits, Practical Aspects and Options for Endowing the EU with a Veritable Own Resource. Notre Europe. SCHRATZENSTALLER, M. (2013). Eckpunkte eines zukunftsfähigen EU-Budgets, ÖGfE Policy Brief 03/2013. 49 50 List of Participants Carl Asplund Swedish Ministry of Finance Martti Anttinen Finnish Ministry of Finance Prof. Dr. Helge Berger International Monetary Fund Stefan Bredohl German Federal Foreign Office Karola Bretschneider German Federal Ministry of Finance Asbjorn Brink Danish Ministry of Finance Prof. Dr. Thiess Büttner University of Erlangen-Nürnberg Gregory Claeys Bruegel Sophie Clarens French Ministry of Economy and Finance Atalay Dabak HM Treasury Kristina van Deuverden German Institute for Economic Research Prof. Dr. Henrik Enderlein Hertie School of Governance Martin Erhardt German Federal Ministry of Finance Henning Fahland German Federal Chancellery Prof. Dr. Clemens Fuest Centre for European Economic Research Anne Glumm German Federal Foreign Office Dr. Regine Grienberger German Federal Foreign Office Dr. Katja Hanewald German Federal Ministry of Finance Dr. Friedrich Heinemann Centre for European Economic Research Prof. Dr. Klaus-Dirk Henke Scientific Advisory Board, TU Berlin Petra Hinz German Federal Ministry of Finance Arina Hube German Federal Ministry of Finance Dr. Malte Hübner German Federal Ministry of Finance Christian Kastrop OECD Sabine Klok Dutch Ministry of Finance Jördis Klügel German Federal Ministry of Finance Dennis Kolberg German Federal Ministry of Finance Dr. Kerstin Korthals German Federal Ministry of Finance Dirk Heiner Kranen German Federal Ministry of Finance Julia Külb German Federal Foreign Office Meik Laufer German Federal Foreign Office 51 Prof. Jaques Le Cacheux UPPA and OFCE/Sciences Po Stefan Lehner European Commission Martin Leuvering German Federal Ministry of Finance Henrik Liß German Federal Ministry of Finance Eva-Maria Meyer German Federal Ministry of Finance Florian Misch Centre for European Economic Research Anne Montagnon European Commission Albrecht Morgenstern German Federal Chancellery Dr. Susanne Neheider German Federal Ministry of Finance Edith Peters Austrian Federal Ministry of Finance Anne S. Busse-Pietrzynski Leuphama University Lüneburg Alexander Puhlmann German Federal Ministry of Finance Prof. Dr. Ekkehart Reimer University of Heidelberg Mark Riedemann German Federal Ministry of Finance Dr. Kristin Rohleder German Federal Ministry of Finance Dr. Johannes Scheube German Federal Ministry of Finance Julia Schoenmakers German Federal Ministry of Finance Thomas Schuster German Federal Ministry of Finance Dr. Thomas Steffen German Federal Ministry of Finance Kornelia Stock German Federal Ministry of Finance Michaela Tintelott German Federal Ministry of Finance Prof. Dr. Christian Traxler Hertie School of Governance Johann Vasel German Federal Ministry of Finance Prof. Dr. Christian Waldhoff Humboldt-University Berlin Thomas Westphal German Federal Ministry of Finance Clemens Wetz German Federal Ministry of Finance 52 Workshop on the Future of the EU-Finances Organization Team Andrea Neu Peggy McCormack Torben Otte Arina Hube Thank you for your contribution. Dirk. H. Kranen, Head of Division, Federal Ministry of Finance Dr. Malte Hübner Federal Ministry of Finance Coordinator of the Workshop on the Future of the EU-Finances 53 Imprint Federal Ministry of Finance Wilhelmstrasse 97 10117 Berlin www.bmf.bund.de Coordination of the Workshop on the Future of EU-Finances MR Dirk H. Kranen / Dr. Malte Hübner Federal Ministry of Finance Tel: +49 30 18 682 1878 /- 2290 Fax: +49 30 18 682 88 1878 E-Mail: [email protected]/ [email protected] Photography Laurence Chaperon Printing and Binding Federal Ministry of Finance Copying department Berlin, October 2014 54