EU Council backs corporate tax transparency directive

Public Country-by-Country Reporting:

On 25th February, a majority of European Council members supported the EU corporate tax transparency directive (so-called public country-by-country reporting) in an important step towards tax transparency.

This directive is aimed at addressing tax avoidance and ending the secrecy surrounding multinational corporations’ overseas operations and accounts.

Julia Sánchez, Secretary General of ActionAid International, says:

“This is a major step towards tax transparency. Developing countries lose more than US$100 billion a year due to multinationals’ tax dodging.

This is robbing communities of vital revenue for public investment in health, education, climate action and other public services that support women, girls and other marginalised groups.”

“Bringing transparency to the accounts of multinational companies will allow governments, the media, civil society and researchers to scrutinize the tax bills of these corporations and demand they pay taxes where they make their profits.”

Recent ActionAid research revealed how 20 developing countries could be missing out on as much as US$2.8 billion in tax revenue from Facebook, Alphabet Inc. and Microsoft due to unfair global tax rules. This directive will allow for better scrutiny of corporate tax tricks in the future.

Ireland’s position:

Ireland was one of the few Member States to oppose these modest transparency directives.

Ireland objected to the legal basis saying it needs “the benefit of tax expertise” and should go through the Economic and Financial Affairs Council as opposed to the Competitiveness Council. However, this directive has no impact on the tax rate, tax base or tax sovereignty of any jurisdiction.

ActionAid Ireland Chief Executive, Siobhán McGee, says:

ActionAid Ireland has been campaigning on this matter since 2015 and we welcome the introduction of these transparency measures.

It is clear the public agrees – with our petition receiving thousands of signatures in a few days.

This is a huge step towards challenging tax dodging and ensuring multinational companies pay their fair share – especially in the Global South.”

Next Steps:

The directive will now continue to be negotiated between the European Council, European Commission and the European Parliament to decide critical elements of the legislation. 

ActionAid is calling for reporting information to be listed separately for each tax jurisdiction across the world where a company has economic activity. This will allow developing countries to access information about the profits made by multinationals and see how much tax they pay compared to the resources they extract.

Secondly, ActionAid is calling on the directive to cover all multinationals which are considered by the EU as having a ‘large undertaking’ with a threshold of €40 million in net annual turnover. The current draft has a suggested threshold of €750 million. We believe this figure is too large and could result in big companies getting away with hiding their profits and tax practices.

For years, corporations were allowed to shift billions in profits to tax havens without public scrutiny. While there is a long journey ahead to ensure the legislation is strong and effective, we have now begun an important journey from secrecy to transparency.

Protesters holding End Fossil Fuels banner at a climate demonstration, advocating for renewable energy solutions.

Protestors at COP 28 in Dubai. Photo: Konrad Skotnicki.

Climate protest with diverse crowd holding signs about environmental action in a city square.

Belfast Climate Change March, 2019. Photo: Trócaire.

The Profit Driving the Crisis

Despite their overwhelming contribution to global emissions, fossil fuel companies continue to attract significant financial backing—driven by their enduring profitability. This is starkly illustrated by the case of ExxonMobil, the top fossil fuel investment held by asset managers based in Ireland. In 2023, ExxonMobil reported €33.63 billion ($36 billion) in profit. That is almost twice the GDP of Botswana (€18.1 billion) and nearly three times Namibia’s GDP (€11.5 billion).

Ireland plays a hugely disproportionate role in facilitating investments into fossil fuel companies like ExxonMobil. In 2023, the investments made into fossil fuel companies by investment managers based in Ireland generated an estimated 72.5 million tons of CO2e. This is more than the CO2e emissions for the entire country of Ireland—and more than ten times that generated by Sierra Leone.

The Global Human Impact

The climate crisis is here, now, and it is causing disproportionate harm in the Global South. In Bangladesh, rising sea levels and increasingly severe cyclones are displacing coastal communities, with projections indicating that 17% of the entire country could be underwater by 2050. The legally binding Paris Agreement on climate change explicitly acknowledges the importance of tackling private finance. Its three overarching goals are: keeping below 1.5C of warming; increasing adaptation and making finance flows consistent with low emissions and resilience.

This gives a clear mandate for action:  both tax reform and corporate regulation are needed to tackle financial flows, and both nationally in Ireland and at EU level, ‘polluter pays’ taxes are lacking and regulation of the financial sector remains weak and fragmented. While EU regulation exists, it is designed more to nudge investors toward more sustainable investment practices by increasing transparency and reporting levels than to enforce strict standards. And it is moving in the wrong direction: the recently passed EU Corporate Sustainability Due Diligence Directive excluded investments; and now the EU Commission’s Omnibus legislative proposal threatens to undo the limited gains made on climate plans, as well as blocking future attempts for stronger action at national level.

The Risk of Inaction

Fossil fuel investment is too profitable to remain weakly regulated. If Ireland continues with its current strategy of encouraging FDI at all costs, and relying on weak EU regulation, we are headed for catastrophe. The Inter-governmental Panel on Climate Change has repeatedly warned that every fraction of a degree beyond 1.5°C brings irreversible consequences: collapsed ice sheets, vanishing coral reefs, and extreme weather events that will make vast regions of the planet uninhabitable. And yet, companies are developing oil and gas fields that could push global warming beyond 2°C.

Our research found that 91% of the investments made into fossil fuel companies by investment managers based in Ireland were to companies that have plans for fossil fuel expansion like these. Ireland cannot afford inaction on this issue.

About This Research

The figures in this report regarding investment from Ireland are based on new research commissioned by ActionAid Ireland and Trócaire. In the paper, we uncover the scale of fossil fuel investment through Ireland, who the investors are, and in which fossil fuel companies they are investing.  We analyse the current regulatory framework and explain why it is inadequate—and moving in the wrong direction. And we make specific recommendations for change, which are summarised below.

Summary of Recommendations

Regulate the private financial sector
Ireland must end its outsized role as an enabler of destructive fossil fuel investment. Ireland should introduce a strong gender-responsive national human rights and environmental due diligence framework which includes the regulation of investors with respect to human rights and the environment and climate. The transposition of the EU Corporate Sustainability Due Diligence Directive could achieve this if downstream activities are included and the Omnibus proposal is rejected. Ireland should prohibit investments in fossil fuel expansion and require investors to implement climate transition plans consistent with a 1.5°C climate limit.

Endorse the Fossil Fuel Non-Proliferation Treaty
Ireland should endorse developing a Fossil Fuel Non-Proliferation Treaty to curb fossil fuel expansion and commit to a fair and funded phase out of fossil fuels.

Support tax justice
Ireland should support bold and fair new global tax rules through the UN Framework Convention on Tax, should adopt all OECD BEPS measures, and should conduct an updated and comprehensive spillover analysis of its tax policy. Ireland should take coordinated action globally, at the EU level and domestically to introduce a range of new taxes to mobilise finance needed for climate justice, based on ‘polluter pays’ and social equity principles such as wealth taxes for the highest earners, climate damages tax on investors, fossil fuel production taxes and levies on aviation and shipping.

Finance a just transition
Ireland must also meet its fair share climate finance obligations under Article 9.1 of the Paris Agreement, and pay our ecological debt to the Global South. Ireland should support conditionality-free debt cancellation for countries on the front lines of the climate crisis, commit to a new UN Framework Convention on Sovereign Debt, moving debt negotiations from the IMF to the UN, and to a debt workout mechanism that is fully representative and fair.

Further reading