Chancellor Gordon Brown is concerned about two elements of the draft EU constitution in relation to taxes. He objects to paragraph two of Article III-62 and to Article III-63 because they allow for a qualified majority vote on an issue of taxation.
In these cases the votes would be for measures to combat tax fraud and evasion.
But the British government feels that this would be a "back door" into bypassing the unanimity rule on taxation which gives each member state a veto.
Here are the relevant articles from the draft constitution:
Article III-62
1. A European law or framework law of the Council of Ministers shall lay down measures for the harmonisation of legislation concerning turnover taxes, excise duties and other forms of indirect taxation provided that such harmonisation is necessary for the functioning of the internal market and to avoid distortion of competition. The Council of Ministers shall act unanimously after consulting the European Parliament and the Economic and Social Committee.
2. Where the Council of Ministers, acting unanimously on a proposal from the Commission, finds that the measures referred to in paragraph 1 relate to administrative cooperation or to combating tax fraud and tax evasion, it shall act, notwithstanding paragraph 1, by a qualified majority when adopting the European law or framework law adopting these measures.
Article III-63
Where the Council of Ministers, acting unanimously on a proposal from the Commission, finds that measures on company taxation relate to administrative cooperation or combating tax fraud and tax evasion, it shall adopt, by a qualified majority, a European law or framework law laying down these measures, provided that they are necessary for the functioning of the internal market and to avoid distortion of competition.
That law or framework law shall be adopted after consultation of the European Parliament and the Economic and Social Committee.