{
  "url": "https://openlegislation.uk/eu-decision-2016-358/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2016-358/introduction.json",
  "legislation": "eudn/2016/358",
  "legislation_title": "Council Implementing Decision (EU) 2016/358 of 8 March 2016 authorising the French Republic to apply reduced levels of taxation to petrol and gas oil used as motor fuels in accordance with Article 19 of Directive 2003/96/EC",
  "legislation_url": "https://openlegislation.uk/eu-decision-2016-358",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Council Implementing Decision (EU) 2016/358\nof 8 March 2016\nauthorising the French Republic to apply reduced levels of taxation to petrol and gas oil used as motor fuels in accordance with Article 19 of Directive 2003/96/EC\nTHE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving regard to Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for the taxation of energy products and electricity, and in particular Article 19 thereof,\nHaving regard to the proposal from the European Commission,\nWhereas:\n(1)\nCouncil Implementing Decision 2013/193/EU authorises the French Republic (hereinafter ‘France’) to apply, for a period of three years, reduced levels of taxation to gas oil and unleaded petrol used as motor fuels for the purposes of an administrative reform involving the decentralisation of certain specific powers previously exercised by central government. Decision 2013/193/EU expired on 31 December 2015.\n(2)\nBy letter dated 20 October 2015, France requested authorisation to allow the French regions to continue to apply reductions to the rates of taxation no greater than 17,7 EUR per 1 000 litres of unleaded petrol and 11,5 EUR per 1 000 litres of gas oil for a further period of two years after 31 December 2015.\n(3)\nImplementing Decision 2013/193/EU was adopted on the basis that the measure requested by France met the requirements set out in Article 19 of Directive 2003/96/EC, allowing tax exemptions or reductions exclusively for specific policy reasons. In particular, it was considered that the measure would not hinder the proper functioning of the internal market. It was also considered to be in conformity with the relevant Union policies.\n(4)\nThe national measure is part of a policy designed to increase administrative effectiveness by improving the quality and reducing the cost of public services, as well as a policy of decentralisation. France intends to offer its regions an additional incentive to improve the quality of their administration in a transparent fashion. In this respect, Implementing Decision 2013/193/EU requires that the reductions be linked to the objective socioeconomic circumstances of the regions in which they are applied. Consequently, a number of regions with either lower than average gross domestic product or higher than average unemployment have applied lower rates. Overall, the national measure is based on specific policy considerations.\n(5)\nThe tight limits set for the reduction of rates on a regional basis as well as the exclusion of commercial gas oil used as propellant from the measure imply that the risk of competitive distortions in the internal market is very low.\n(6)\nNo obstacles to the proper functioning of the internal market have been reported as regards, in particular, the circulation of the products in question in their capacity as products subject to excise duty.\n(7)\nThe measure will be preceded by a tax increase. Against this background and in light of the conditions of the authorisation as well as experience gathered, the national measure does not, at this stage, appear to be in conflict with Union energy and climate change policies.\n(8)\nIt follows from Article 19(2) of Directive 2003/96/EC that each authorisation granted thereunder must be strictly limited in time. France requested that the authorisation be granted for a period of two years. It is therefore appropriate to limit the period of application of this Decision to two years.\n(9)\nIt should be ensured that France can apply the specific reduction to which this Decision relates seamlessly following on from the situation existing before 1 January 2016, under Implementing Decision 2013/193/EU. The authorisation requested should therefore be granted with effect from 1 January 2016.\n(10)\nThis Decision is without prejudice to the application of the Union rules regarding State aid,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 283, 31.10.2003, p. 51."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Council Implementing Decision 2013/193/EU of 22 April 2013 authorising the French Republic to apply differentiated levels of taxation to motor fuels in accordance with Article 19 of Directive 2003/96/EC (OJ L 113, 25.4.2013, p. 15)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2016/358/introduction",
    "retrieved_at": "2026-11-01T15:14:02.471436+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}