67 Amendments of Luděk NIEDERMAYER related to 2018/2121(INI)
Amendment 13 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to its resolution of 29 November 2018 on the cum-ex scandal: financial crime and loopholes in the current legal framework1a; _________________ 1a 2018/2900(RSP)
Amendment 24 #
Motion for a resolution
Citation 22 a (new)
Citation 22 a (new)
- having regard to the proposal for a directive of the European Parliament and of the Council on protection of persons reporting on breaches of Union law2a; _________________ 2a 2018/0106(COD)
Amendment 39 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. (new) Notes that financial flows and tax mobility have substantially increased; warns that some new phenomena are inherently opaque or facilitate opacity allowing for tax avoidance, aggressive tax planning, tax evasion and money laundering; acknowledges this is mainly due to the current rules no longer fitting into the present context in which information and communication technology (ICT) based tools allow to operate faster and remotely;
Amendment 65 #
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. (new) Recalls that a tax jurisdiction has control only over tax matters related to its territory whereas economic flows and some taxpayers such as multinational enterprises (MNEs) and high net worth-individuals (HNWI) operate globally;
Amendment 67 #
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. (new) Emphasizes that defining tax bases requires having a full picture of a taxpayer’s situation, including those parts that are outside of the tax jurisdiction, and determining which part refers to which jurisdiction; notes that it also requires that such tax bases are allocated between tax jurisdictions to avoid double-taxation and double non- taxation; affirms priority should be given to eliminating double non-taxation as well as ensuring that the issue of double taxation is tackled;
Amendment 72 #
Motion for a resolution
Subheading 1.2 a (new)
Subheading 1.2 a (new)
(new para under subheading 1.2) Stresses that tax fraud, tax evasion and aggressive tax planning result in lost resources for national and European Union budgets; acknowledges that quantification of these losses is not straightforward; notes however that increased transparency requirements would not only provide better data but also would contribute to reducing opacity;
Amendment 73 #
Motion for a resolution
Subheading 1.2 b (new)
Subheading 1.2 b (new)
Amendment 88 #
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. (new) Welcomes the recent estimates of the non-observed economy’ (NOE) –often called shadow economy – in the 2017 Survey Tax Policies in the European Union1a which provides an indirect broader indication of tax evasion; stresses that the value of the NOE measures economic activities, which may not be captured in the basic data sources used for compiling national accounts; _________________ 1a Tax Policies in the European Union 2017 Survey, ISBN 978-92-79-72282-0
Amendment 109 #
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. (new) Welcomes the Commission’s reply to its calls made in its the TAXE, TAX2 and PANA resolutions to better identify aggressive tax planning and harmful tax practices and provide a clear distinction between what is illegal and what is legal in order to ensure certainty;
Amendment 150 #
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
(new para before para 15) Recalls that opportunities for choosing a business or residence location on the basis of the regulatory framework have boomed with globalisation and digitalisation;
Amendment 183 #
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. (new) Reaffirms that the adaptation of international tax rules needs to answer to avoidance deriving from the possible use of the interplay between national tax provisions, and networks of treaties, resulting in an erosion of the tax base and double non- taxation while ensuring that there is no double-taxation;
Amendment 201 #
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. (new) Takes note that the actions require implementation and that some of them require follow-up work to draw possible solutions to the identified challenges, as for instance action 1‘Address the tax challenges of the digital economy’;
Amendment 206 #
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. (new) Recalls that the 2016 EU 'anti-tax-avoidance package' supplements existing provisions so as to implement the 15 BEPS actions in an EU coordinated manner in the Single Market;
Amendment 256 #
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the fact that DAC6 sets out the hallmarks of reportable cross- border arrangements that intermediaries must report to tax authorities to allow them to be assessed by the latter; welcomes the fact that these features of ATP schemes can be updated if new arrangements or practices emerge; points out that the implementation deadline of the directive has not yet lapsed and that the provisions will need to be monitored to ensure their efficiency;
Amendment 321 #
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. (new) Emphasizes that sole agreement on what constitutes digital permanent establishment is a step in the right direction, but does not solve the issue of how to determine tax base to that digital permanent establishment;
Amendment 340 #
Motion for a resolution
Subheading 2.3 a (new)
Subheading 2.3 a (new)
Dividend stripping and coupon washing
Amendment 361 #
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Also stresses the contribution made through the Fiscalis 2020 Programme which aims at enhancing cooperation between participating countries, their tax authorities and their officials; stresses the added value brought by joint actions in this field and the role of the possible programme in developing and operating major trans-European IT systems;
Amendment 373 #
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. [New sub-heading] 2.3.1 Dividend stripping and coupon washing
Amendment 375 #
Motion for a resolution
Paragraph 44 a (new)
Paragraph 44 a (new)
44a. Concludes that the CumEx-files demonstrate the urgent need to improve cooperation between EU Member States’ tax authorities, especially with regard to information sharing; urges therefore Member States to enhance their cooperation in detecting, stopping, investigating and prosecuting tax fraud and evasion schemes such as cum-ex and cum-cum including exchange of best practices, and to support EU-level solutions where justified;
Amendment 380 #
Motion for a resolution
Paragraph 44 b (new)
Paragraph 44 b (new)
44b. (new under subheading 2.3.1.) Deplores the tax fraud and tax avoidance revealed by the so called CumEx Files scandal which has led to publicly reported losses of Member States’ tax revenue, amounting to as much as EUR 55,2 billion according to some media estimates; highlights that the consortium of European journalists identifies Germany, Denmark, Spain, Italy and France as allegedly the main target markets for cum-ex trading practices, followed by Belgium, Finland, Poland, the Netherlands, Austria and the Czech Republic;
Amendment 381 #
Motion for a resolution
Paragraph 44 b (new)
Paragraph 44 b (new)
44b. Notes that the systematic fraud centred around the cum-ex- and cum-cum schemes was made possible in part because relevant Member States’ authorities did not perform sufficient checks on applications for reimbursement of taxes and that relevant authorities lack a clear and complete picture of actual ownership of shares; calls on the Member States to access of all relevant authorities to complete and up-to-date information on ownership of shares; calls on the Commission to assess whether an EU action is needed in this regard, and to present a legislative proposal should the assessment demonstrate a need for such action;
Amendment 382 #
Motion for a resolution
Paragraph 44 c (new)
Paragraph 44 c (new)
44c. Underlines that the revelations seem to indicate possible shortcomings in national taxation laws and in the current systems of exchange of information and cooperation between Member State authorities; urges the Member States to effectively use all communication channels, national data and data made available by the strengthened framework for exchange of information;
Amendment 384 #
Motion for a resolution
Paragraph 44 c (new)
Paragraph 44 c (new)
Amendment 385 #
Motion for a resolution
Paragraph 44 d (new)
Paragraph 44 d (new)
44d. Urges all Member States to thoroughly investigate and analyse dividend payment practices in their jurisdictions, to identify the loopholes in their tax laws that generate opportunities for exploitation by tax fraudsters and avoiders, to analyse any potential cross- border dimension of these practices and to put an end to all these harmful tax practices; calls on Member States to exchange best practices in this regard;
Amendment 386 #
Motion for a resolution
Paragraph 44 e (new)
Paragraph 44 e (new)
44e. Calls upon the Member States and their Financial Supervisory Authorities to assess the need to ban exclusively tax- driven financial practices such as dividend arbitrage or dividend stripping and similar schemes, in absence of the proof to the contrary by the issuer that these financial practices have a substantive economic purpose other than unjustified tax reimbursement and/or tax avoidance;
Amendment 387 #
Motion for a resolution
Paragraph 44 f (new)
Paragraph 44 f (new)
44f. Calls on the Commission to start working immediately on a proposal for a European financial police within the framework of Europol with its own investigatory capacities, as well as on a European framework for cross-border tax investigations;
Amendment 388 #
Motion for a resolution
Subheading 2.4 a (new)
Subheading 2.4 a (new)
(new para) Welcomes the adoption of DAC4 providing for a CBCR to tax authorities, in line with BEPS Action 13 standard;
Amendment 389 #
Motion for a resolution
Subheading 2.4 b (new)
Subheading 2.4 b (new)
(new para) Reiterates its call for mandatory public CBCR for large businesses and 'community interest companies' (MNEs) and recalls similar provisions already exist for the banking sector in Directive 2013/36/EU Article 89 (CDRIV)1b; _________________ 1b Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the activity of credit institutions and the prudential supervision of credit institutions and investment firms, amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC (OJ L 176, 27.6.201363.
Amendment 415 #
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Welcomes the Commission’s new proactive and open approach to investigations into illegal state aid during the present term, which has led to a number of high-impact cases being concluded by the Commission;
Amendment 496 #
Motion for a resolution
Subheading 3 a (new)
Subheading 3 a (new)
(new para) Underscores the need for harmonisation of VAT rules at EU level to the extent that it is necessary to ensure the establishment and the functioning of the internal market and to avoid distortion of competition1c; _________________ 1c Article 113 of TFEU
Amendment 528 #
Motion for a resolution
Paragraph 69 a (new)
Paragraph 69 a (new)
69a. Calls on the Council to ensure that the CTP status is consistent with the Authorised Economic Operator (AEO) status which is delivered by customs authorities;
Amendment 529 #
Motion for a resolution
Paragraph 69 b (new)
Paragraph 69 b (new)
69b. Calls for a minimal EU transparent coordination on the definition of CTP status, including a regular assessment by the Commission on how Member states grant CTP status; demands exchange of information between Member States’ tax authorities about refusals to grant CTP status to certain companies, in order to enhance coherence and common standards
Amendment 537 #
Motion for a resolution
Subheading 3.2 a (new)
Subheading 3.2 a (new)
(new para) Recalls that the European Parliament has called for addressing the factors contributing to the tax gap, namely regarding VAT;
Amendment 666 #
Motion for a resolution
Paragraph 91 a (new)
Paragraph 91 a (new)
91 a. Notes that the acquisition of citizenship of a Member State gives the grantee access to a wide range of rights and entitlements in the entire territory of the Union, including the right to move and reside freely; calls thus on Member States implementing CBI and RBI programmes, until they are finally repealed, to duly verify the character of the applicants and refuse their application if they present security risks, including money laundering; calls in this context Member States to compile and publish transparent data related to their CBI and RBI schemes, including the number of refusals and the reasons for denial; calls on the Commission to ensure better data collection and exchange of information among Member States in the context of their CBI and RBI schemes, including on applicants who have had their application denied due to security issues;
Amendment 705 #
Motion for a resolution
Paragraph 102
Paragraph 102
102. Calls on the Commission to table a legislative proposal to ensure the automatic exchange of information between the relevant authorities, including law enforcement, tax and customs authorities, on beneficial ownership and transactions taking place in free ports, customs warehouses or SEZs;
Amendment 724 #
Motion for a resolution
Subheading 4.4 a (new)
Subheading 4.4 a (new)
(new para) Acknowledges that administrative cooperation in the field of direct taxes framework covers now both individual and corporate taxpayers;
Amendment 738 #
Motion for a resolution
Paragraph 108 a (new)
Paragraph 108 a (new)
108 a. (new) Notes that the Union’s AML framework chiefly relies on a preventive approach to money laundering, with a focus on the detection and the reporting of suspicious transactions;
Amendment 742 #
Motion for a resolution
Paragraph 109
Paragraph 109
109. Deplores the fact that a large number of Member States have failed to fully or partially transpose AMLD4 into their domestic legislation within the set deadline, and that for this reason, infringement procedures have had to be opened by the Commission against them, including referrals before the Court of Justice of the European Union67 ; calls on these Member States to swiftly remedy this situation; reminds Member States of their legal obligation to respect the deadline of 10 January 2020 for the transposition of AMLD5 into their domestic legislation; supports the Council conclusions of 23 November inviting Member States to transpose the AMLD5 into their domestic legislation ahead of the 2020 deadline; _________________ 67 On 19 July 2018, the Commission referred Greece and Romania to the Court of Justice of the European Union for failing to transpose the fourth Anti-Money Laundering Directive into their national law. Ireland had transposed only a very limited part of the rules and was also referred to the Court of Justice.
Amendment 774 #
Motion for a resolution
Paragraph 115 a (new)
Paragraph 115 a (new)
115 a. Is concerned that illicit proceeds entering the European financial system in order to be laundered are further used to finance criminal activities posing threat to the security of Union citizens and/or creating distortions and unfair competitive disadvantages to law-abiding citizens and companies; calls on relevant national authorities to track the destinations of the transactions deemed suspicious by the 6200 customers of the Estonian branch of Danske Bank to confirm that money laundered have not been used for further criminal activity; calls on the relevant national authorities to duly cooperate in this matter as the chains of suspicious transactions are clearly cross-border;
Amendment 812 #
Motion for a resolution
Paragraph 123
Paragraph 123
123. Recalls that the ECB has the competence and responsibility for withdrawing authorisation from credit institutions for serious breaches of AML/CFT rules; notes, however, that the ECB is fully dependent on national AML supervisors for information relating to such breaches detected by national authorities; calls thus on national AML authorities to make quality information available to the ECB in a timely manner so the ECB can properly perform its function; encourages in this connection the ECB and all relevant AML authorities to continue negotiations on a multilateral agreement on exchange of information that should be ready by 10 January 2019;
Amendment 831 #
Motion for a resolution
Paragraph 126 a (new)
Paragraph 126 a (new)
126 a. Recalls that EU FIUs are strongly encouraged to use the FIU.net system; highlights that information sharing between FIUs and LEAs, including with Europol, should be improved;
Amendment 844 #
Motion for a resolution
Paragraph 127 a (new)
Paragraph 127 a (new)
127 a. Stresses the benefits of developing Public and Private Partnerships (PPPs); highlights the existence and positive results of the Europol Financial Intelligence Public Private Partnership, promoting the sharing of strategic and tactical information amongst banks, FIUs, LEAs and national regulators across countries;
Amendment 847 #
Motion for a resolution
Paragraph 128
Paragraph 128
128. Points out that the non- standardisation of suspicious transaction report formats and non-standardisation of suspicious transaction report thresholds among Member States and with respect to the different obliged entities leads to difficulties in the processing and exchange of information between FIUs; calls on the Commission to explore mechanisms to set up standardised reporting formats for obliged entities in order to facilitate the exchange of information between FIUs in cases with a cross-border dimension; and to reflect on the standardisation of suspicious transaction thresholds;
Amendment 854 #
Motion for a resolution
Paragraph 128 a (new)
Paragraph 128 a (new)
128 a. (new) Calls on the Commission to explore the possibility to set up automated decentralized database of suspicious transactions reports that would allow Member States’ FIUs to look up transactions and their initiators and receivers repeatedly reported as suspicious in different Member States;
Amendment 859 #
Motion for a resolution
Paragraph 129 a (new)
Paragraph 129 a (new)
129 a. (new) Awaits the Commission’s assessment of the framework for FIUs’ cooperation with third countries and obstacles and opportunities to enhance cooperation between FIUs in the Union including the possibility of establishing an EU level coordination and support mechanism; recalls that according to the AMLD5 this assessment should be ready by 1 June 2019;
Amendment 882 #
Motion for a resolution
Paragraph 133 a (new)
Paragraph 133 a (new)
133 a. (new) Calls on the Commission to lead a global initiative for the establishment of public central registers in all world jurisdictions; stresses in this regard the vital role of international organisations such as the OECD and the UN;
Amendment 886 #
Motion for a resolution
Paragraph 135 a (new)
Paragraph 135 a (new)
135 a. Takes notes that, in respect of trusts, national registers will only be accessible to those demonstrating a legitimate interest to access; stresses that Member States remain free to open the beneficial ownership registers for trust to the public;
Amendment 936 #
Motion for a resolution
Paragraph 145 a (new)
Paragraph 145 a (new)
145 a. (new) Believes that consistency and complementarity of the anti-money laundering list of high-risk third countries with the European list of non-cooperative jurisdictions need to be ensured; reiterates its call to entrust the Commission with a central role for the management of both lists;
Amendment 943 #
Motion for a resolution
Subheading 6 a (new)
Subheading 6 a (new)
(new para) Points out that a European fair tax system requires a fairer global tax environment; reiterates its call to monitor ongoing tax reforms of third countries;
Amendment 953 #
Motion for a resolution
Paragraph 149 a (new)
Paragraph 149 a (new)
149 a. Calls on the Commission and Member States to monitor new corporate tax provisions of countries which cooperate with the EU on the basis of an international agreement1d; _________________ 1d As mentioned in the public hearing held by TAX 3 committee on 1st of October: http://www.europarl.europa.eu/committee s/en/tax3/publications.html?id=20181018 CPU21161
Amendment 985 #
Motion for a resolution
Paragraph 153 a (new)
Paragraph 153 a (new)
153 a. Calls on Member states to push the G20 to reform the OECD blacklist criteria to go beyond pure tax transparency and tackle tax evasion and aggressive tax planning as well;
Amendment 986 #
Motion for a resolution
Paragraph 153 b (new)
Paragraph 153 b (new)
153 b. Reminds that, in order to improve the Union and Member States fight against money laundering, all available data, including macroeconomic ones, must be used effectively1e; _________________ 1e “The missing profits of nations” by T. Torslov, L. Wier and G. Zucman indicates in its first part that using modern macroeconomic models and data from published Balance of Payments, the tax revenue globally per year amounts to around 200 billion $ and Foreign Direct Investment (FDI) channelled through a tax haven jurisdiction amounts to a range between 10 to 30% of total FDI. These figures are quite higher than the estimations so far using other methods.
Amendment 1040 #
Motion for a resolution
Paragraph 160 a (new)
Paragraph 160 a (new)
160 a. Takes note of the Commission action and contributions in the OECD, Global Forum on transparency and exchange of information, Inclusive Framework on BEPS,– to promote higher levels of tax good governance globally, while ensuring that the international tax good governance standards continue to be fully respected within the EU;
Amendment 1049 #
Motion for a resolution
Paragraph 161 a (new)
Paragraph 161 a (new)
161 a. Recalls the need for Member States for regular spill over analyses of the material impact of the tax policies on other Member States and developing countries, while acknowledging that some work has taken place in this regard in the framework of the Platform on Tax Good Governance; calls on all Member States to conduct such spill over analysis under the supervision of the Commission;
Amendment 1057 #
Motion for a resolution
Paragraph 163 a (new)
Paragraph 163 a (new)
163 a. Welcomes the cooperation with the African Union (AU) within the Addis Tax Initiative (ATI) and the Extractive Industries Transparency Initiative (EITI) and the Kimberley process;
Amendment 1066 #
Motion for a resolution
Paragraph 166 a (new)
Paragraph 166 a (new)
166 a. Calls for a concerted external action of the EU and Member States at all levels of the policy to provide third countries and in particular developing ones to bolsters a balanced economic development and avoid dependence on one single sector, in particular the financial one;
Amendment 1089 #
Motion for a resolution
Paragraph 170 a (new)
Paragraph 170 a (new)
170 a. Recalls that good tax governance clauses should be included in all new relevant EU agreements with third countries, and negotiated in the existing ones at the time of revision, with a view to the fact that these are core instruments of the EU external policy yet, depending on the specific policy field involve different levels of competence;
Amendment 1116 #
Motion for a resolution
Paragraph 172 a (new)
Paragraph 172 a (new)
172 a. Is aware that bilateral tax treaties do not reflect the current reality of digitalized economies; calls on Member States to update their bilateral tax treaties based on the Commission recommendation on taxation of digitalized economy1f; _________________ 1f C (2018)-1650 final
Amendment 1117 #
Motion for a resolution
Subheading 6.7 a (new)
Subheading 6.7 a (new)
Welcomes the strengthened framework avoiding double non-taxation; emphasizes that elimination of double taxation is of great importance in order to ensure that honest taxpayers are treated fairly and their trust is not undermined; calls on Member States to abide by their double- taxation treaties and cooperate sincerely and swiftly in cases of reported double taxation;
Amendment 1145 #
Motion for a resolution
Paragraph 178 a (new)
Paragraph 178 a (new)
178 a. (new) Welcomes the monitoring of the enforcement of Directive 2014/56/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2006/43/EC on statutory audits of annual accounts and consolidated accounts1g and of Regulation (EU) 537/2014 of the European Parliament and of the Council of 16 April 2014 on specific requirements regarding statutory audit of public-interest entities and repealing Commission Decision 2005/909/EC1h, in particular the provision on statutory auditors or audit firms carrying out statutory audits of public- interest entities; points out the need to ensure that the rules are properly applied; _________________ 1g OJ L 158, 27.5.2014, p. 196 1h OJ L 158, 27.5.2014, p. 77
Amendment 1166 #
Motion for a resolution
Paragraph 180 a (new)
Paragraph 180 a (new)
180 a. (new) Notes that the US False Claims Act provides a solid framework for rewarding of whistle-blowers in cases where the government recovers funds lost to fraud as presented during the 21 November TAX3 hearing; underlines that according to the US Justice Department report, whistle-blowers were directly responsible for detection and reporting of 3.4 out of 3.7 billion USD recovered; calls on Member States to establish safe confidential communication channels for whistle-blowers’ reporting within relevant authorities and in private entities;
Amendment 1169 #
Motion for a resolution
Paragraph 180 b (new)
Paragraph 180 b (new)
180 b. (new) Calls for the proposal for a directive of the European Parliament and of the Council on protection of persons reporting on breaches of Union law1x to be swiftly adopted; _________________ 1x 2018/0106(COD)
Amendment 1175 #
Motion for a resolution
Paragraph 181 a (new)
Paragraph 181 a (new)
181 a. (new) Takes note of the proposal for a Directive of the European Parliament and of the Council on the protection of persons reporting on breaches of Union law, which is currently under discussion in Parliament1i; _________________ 1i COM(2018) 218 final, 23.4.2018
Amendment 1180 #
Motion for a resolution
Paragraph 183
Paragraph 183
183. Notes that the TAX3 Committee invited the whistle-blowers in the cases of Julius Bär and Danske Bank to testify at public parliamentary hearings84 ; Deeply regrets the fact, that the Danske Bank whistle-blower, Mr Howard Wilkinson, was unable to share his insights into the Danske Bank case freely and fully, due to legal restraints; _________________ 84 Mr Rudolf Elmer, hearing on 1.10.2018; Mr Howard Wilkinson, hearing on 21.11.2018.
Amendment 1182 #
Motion for a resolution
Paragraph 183 a (new)
Paragraph 183 a (new)
183 a. (new) Calls on the Member States to closely work within the Council of Europe in the promotion and implementation in their domestic law by all States belonging to the Council of Europe of the Recommendation CM/Rec(2014)7 of the Committee of Ministers to Member States on the protection of whistle-blowers; calls on the Commission and Member States to take the lead in other international fora to promote the adoption of international binding standards for the protection of whistle-blowers;
Amendment 1219 #
Motion for a resolution
Paragraph 192 a (new)
Paragraph 192 a (new)
192 a. (new) Regrets that the current rules for accessing classified and other confidential information made available by Council, Commission or Member States to the European Parliament do not provide full legal clarity but are generally interpreted as excluding accredited parliamentary assistants (APAs) from consulting and analysing non-classified ‘other confidential information’ in a secure reading room; calls therefore for the introduction of a clearly worded provision guaranteeing the right of access to documents for APAs on the basis of the ‘need to know’ principle, in their support role for Members, in are negotiated inter- institutional agreement;
Amendment 1230 #
Motion for a resolution
Paragraph 198 a (new)
Paragraph 198 a (new)
198 a. Calls on the Commission to report on the implementation of the Code and on the application of fiscal State aid, as laid down in Article N. of the Code of conduct for business taxation1j; _________________ 1j The Code is in annex 1 to the (p.2-5) Council conclusions 1 December 1997 establishing the group (OJ C2/1,6.1.1998), point N being review and monitoring provision.