The implications of the European Commission’s investigation on the Maltese tonnage tax regime and the way forward

Abstract

On the 25th July 2012, by means of an official letter, the European Commission informed the Maltese authorities that it was to initiate the proceedings found under Article 108 (2) of the Treaty on the Functioning of the European Union, whereby it would be taking a closer look at the Maltese tonnage tax regime. The Maltese tonnage tax regime is fundamental to the Maltese flag, and in fact its favourable provisions have driven Malta to become the largest ship register in Europe. The Commission, however, has doubts as to whether the provisions regulating this regime are in line with the ‘Community guidelines on State aid to maritime transport.’ These guidelines aim to provide a common ground for European tonnage tax regimes, thereby preventing any particular regime from gaining an unfair advantage. The Commission is of the opinion that the Maltese tonnage tax regime is far too aggressive and could lead to the distortion of the European market. However, it is important for the Commission to also consider the international competition which European tonnage tax regimes are facing. Flags of convenience, such as Panama, are subject to no international restrictions, and in fact are attracting tonnage by adopting fiscal measures which are more attractive than those adopted in other European regimes. The Maltese authorities believe that most of the points raised by the Commission have been successfully defended and are optimistic about the future of the Maltese flag, and the Maltese tonnage tax regime in particular. While the regime admittedly has its faults, it is arguably the most successful regime of its kind in Europe, and a negative decision by the Commission will not only affect the Maltese flag, but the European maritime cluster as a whole.