European leaders agree to relax VAT rules to let Britain scrap the tampon tax

  • EU leaders have agreed to relax VAT rules to let Britain scrap 'tampon tax'
  • As it stands a 5 per cent VAT levy is charged on female sanitary products
  • But UK Chancellor is powerless to scrap or even change it because it is administered by EU officials in Brussels
  • Eurosceptic Tories and Labour table amendment to scrap 'tampon tax'
  • It may deliver an embarrassing defeat for Osborne on his Budget measures

A 5 per cent VAT levy is charged on female sanitary products and is administered by officials in Brussels

A 5 per cent VAT levy is charged on female sanitary products and is administered by officials in Brussels

European leaders have agreed to relax VAT rules to let Britain scrap the so-called 'tampon tax' after David Cameron used a summit on the migrant crisis to plead for permission.

The Prime Minister was forced into the humiliating encounter as he tried to head off a major Commons rebellion by Tory MPs.

He has secured support from all other EU leaders for new flexibility on VAT which would allow the UK to introduce a zero rating on sanitary products such as tampons.

UK officials said that the European Commission has signed up to the change and will put forward proposals next week. 

A formal announcement is expected on Wednesday, though the implementation of new rates may take some time to be approved.

The development came after the Government learnt it was facing a Commons revolt by Tory MPs demanding it acts unilaterally to withdraw the charge - in defiance of EU rules.

Chancellor George Osborne had said he expected an announcement 'in the next few days' on the so-called 'tampon tax'.

But Mr Cameron decided to force the issue by raising it at a summit of the European Council in Brussels, where he first spoke to Commission president Jean-Claude Juncker and then asked fellow leaders to include a commitment in the official conclusions of the two-day meeting.

The 28 leaders agreed unanimously to a statement welcoming 'the intention of the Commission to include proposals for increased flexibility for member states with respect to reduced rates of VAT, which will provide the option to member states of VAT zero-rating sanitary products'.

It came as the 'tampon tax' emerged at the centre of a fresh Tory row over Europe today as scores of Conservative MPs threatened to impose embarrassing amendments to Mr Osborne's Budget.

A 5 per cent VAT levy is charged on female sanitary products and is administered by officials in Brussels. 

As it stands, it means the UK Chancellor cannot decide to scrap the £12million tax raised from the tax and cannot even change the rate at which it is charged. 

Eurosceptic Tory MPs are joining with Labour MPs, who have tabled an amendment to the Commons vote on the measures set out in yesterday's Budget.

If successful, the amendment would mean the 5 per cent sanitary product tax could be struck off the Budget resolutions - but that would break EU rules. 

David Cameron has secured support from all other EU leaders, including German Chancellor Angela Merkel for new flexibility on VAT which would allow the UK to introduce a zero rating on tampons
German Chancellor Angela Merkel

David Cameron has secured support from all other EU leaders, including German Chancellor Angela Merkel (right) for new flexibility on VAT which would allow the UK to introduce a zero rating on tampons

UK officials said the European Commission has signed up to the change and will put forward proposals next week. Mr Cameron decided to force the issue by raising it at a summit of the European Council in Brussels

UK officials said the European Commission has signed up to the change and will put forward proposals next week. Mr Cameron decided to force the issue by raising it at a summit of the European Council in Brussels

It would give Brexit campaigners a powerful example of how the UK is constrained by the EU and left powerless to change even the smallest changes to VAT. 

However Mr Osborne said this morning that Britain was on the verge of a deal with Brussels which would allow it to scrap the 'tampon tax', although there was originally concern that opposition from the French could have scuppered the plans. 

In yesterday's Budget he admitted he could not scrap the 'tampon tax' but pledged to allocate all the £12million revenue from the levy to women's charities such as Breast Cancer Care and the White Ribbon Campaign, which helps victims of domestic violence. 

A petition calling for an end to the tampon tax has attracted more than 300,000 signatures. 

Labour MP Paula Sherriff, who tabled the amendment, said the levy on female sanitary tax was a 'tax on women'.

'The fact that tampons are taxed at 5 per cent suggests they're a luxury item. I can't think of anything less luxurious,' she said. 

Tory Eurosceptic MP Anne-Marie Trevelyan said she was joining the rebellion against the continued 5 per cent 'tampon tax' because it was a 'fundamental' breach of British sovereignty that the Chancellor was poweless to act on the issue. 

George Osborne (pictured visiting a school in Yorkshire this morning) said that Britain was on the verge of a deal with Brussels which would allow it to scrap the 'tampon tax', although opposition from the French may scupper the plans

George Osborne (pictured visiting a school in Yorkshire this morning) said that Britain was on the verge of a deal with Brussels which would allow it to scrap the 'tampon tax', although opposition from the French may scupper the plans

Superdrug has devised this Inforgraphic detailing where is most affected by the tampon tax with Hungary paying the most in VAT

Superdrug has devised this Inforgraphic detailing where is most affected by the tampon tax with Hungary paying the most in VAT

'The people we elect should be responsible for setting the taxes in this country – not unelected EU judges and bureaucrats,' she said. 

'It is a fundamental principle of democracy that there should be no taxation without representation, which is what we now have.'

'Our Chancellor is unable to take this decision that will benefit women because VAT is controlled by the EU. The only way to get this change is to Vote Leave on 23 June.' 

Mr Osborne will be relieved that Brussels has granted an opt-out for Britain to scrap the levy ahead of a vote by MPs on the Budget measures next week.

John Bercow, the Speaker of the Commons, will decide whether to accept the amendment for the vote on March 22. 

But it may not be necessary now that Mr Cameron has won agreement from Brussels. 

Speaking this morning, Mr Osborne said: 'I perfectly understand people's anger at paying the tampon tax.

'I said we would get agreement that we could reduce this rate to zero. I think we are on the verge of getting that agreement. I think we are going to get that agreement in the next few days, we hope.'

Ukip leader Nigel Farage said Britain had been reduced to pleading on its knees for permission from 'unelected bureaucrats' to remove the tax.

Mr Farage told ITV News: 'Isn't that wonderful? We have begged for crumbs from the table and for once we have got some. It's pathetic for our country to have sunk to this level.'

REAL LUXURIES EXEMPT FROM TAX

Luxury items ranging from ostrich meat and alcoholic jellies to boats and even helicopters are exempt from VAT.

But sanitary products qualify for the tax because they are said to be ‘non-essential, luxury’ goods.

There are three VAT rates in the UK: the 20 per cent standard rate, which applies to most goods and services; a reduced rate of 5 per cent; and zero-rated, which includes food and drink.

In 2000 the rate on sanitary items was dropped from the old top level of 17.5 per cent to 5 per cent following a campaign by Labour MP Dawn Primarolo. 

But the Government has said it cannot go any lower because of EU rules which forbid scrapping VAT once it has been imposed or introducing new zero-rated items. 

Five per cent is the lowest rate allowed under Britain’s agreements with European partners.

A wealth of luxury groceries fall among zero-rated items because all food and drink is exempt. 

They include candied peel, herbal tea, exotic meat such as horse, ostrich, crocodile and kangaroo, and ready meals. 

Also on the zero VAT list are slimming meal replacement products, savoury snacks and alcoholic dessert jellies.

Helicopters and aircraft used for passenger and freight transport – but not private use – and boats also qualify, although vessels used for recreation or pleasure do not.

Other 5 per cent items include products to help people stop smoking.

 

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