The hypothesis holds the rope to the Ministry of Transport. Faced with the "surplus profits" of companies that operate motorways on behalf of the State, Minister Clément Beaune wants to set up an exceptional tax on profits. "The level of profitability of the concessionaires is above the levels envisaged" in the contracts that bind them to the State, it is pointed out in the entourage of the minister.
The Conseil d'État was asked whether such a tax is applicable with regard to contracts between the two parties. "Without the price of tolls increasing for the user," insists the Ministry of Transport. It is not impossible that the wise men of the Royal Palace issue a favorable opinion, according to a source close to the file. It should be noted that the opinions of the Council of State are purely "advisory". These are independent legal analyses and recommendations "that the Government, deputies and senators are free to follow or not". But in the event that this tax proves to be legal, Clément Beaune wants it to enter into force as soon as possible, that is to say on the occasion of the 2024 finance law.
It remains to convince the entire government of the relevance of this tax mechanism, which should not be an easy task. The Minister of Economy and Finance, Bruno Le Maire, had pleaded for his part in favor of a shortening of concession contracts, supposed to expire between 2031 and 2036. A solution that would be very expensive for the State since it would be required to compensate the concessionary companies.
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Financing the very costly ecological transition of the sector
Bruno Le Maire also marked the spirits last autumn by hammering his opposition to a tax on "superprofits", in line with the rest with the head of state. Emmanuel Macron recently repeated his opposition to taxing the record profits of certain companies. "In the case of the concessionary companies, the forecasts envisaged have been exceeded. It is less about 'superprofits' – a term that does not mean much – than about 'surplus profits'", restores a close friend of Clément Beaune.
The Ministry of Transport considers that the creation of an ad hoc tax should prevent concessionaires from passing on this tax to users. That is why it favours new taxation rather than a temporary increase in existing taxes provided for in concession contracts, and which concessionaires have the right to pass on in the price of tolls.
Another argument is invoked by the Ministry of Transport: the need to recover resources to finance the very expensive ecological transition of the sector. The government announced on Wednesday an investment of 8.6 billion euros to help regions develop sustainable mobility. "We increase by 50% the annual appropriations devoted by the State to transport compared to previous contracts," said Clément Beaune. The minister's entourage insists on the fact that these important appropriations must be financed.