# CE2010008EN.01039601.xml

| 14.1.2010 | EN | Official Journal of the European Union | CE 8/396 |
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14.1.2010

EN

Official Journal of the European Union

CE 8/396

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Thursday 25 September 2008VAT on insurance and financial services *

P6_TA(2008)0457

European Parliament legislative resolution of 25 September 2008 on the proposal for a Council directive amending Directive 2006/112/EC on the common system of value added tax, as regards the treatment of insurance and financial services (COM(2007)0747 — C6-0473/2007 — 2007/0267(CNS))

2010/C 8 E/49

(Consultation procedure)

The European Parliament,

The European Parliament

having regard to the Commission proposal to the Council (COM(2007)0747),

having regard to Article 93 of the EC Treaty, pursuant to which the Council consulted Parliament (C6-0473/2007),

having regard to Rule 51 of its Rules of Procedure,

having regard to the report of the Committee on Economic and Monetary Affairs (A6-0344/2008),

| 1. | Approves the Commission proposal as amended; |
| --- | --- |

1.

Approves the Commission proposal as amended;

| 2. | Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty; |
| --- | --- |

2.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
| --- | --- |

3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially; |
| --- | --- |

4.

Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission. |
| --- | --- |

5.

Instructs its President to forward its position to the Council and the Commission.

| TEXT PROPOSED BY THE COMMISSION | AMENDMENTS |
| --- | --- |
| Amendment 1 |
| Proposal for a directive — amending act


  Recital 1 |
| (1) | The financial service industry makes an important contribution to growth, competitiveness and job creation but can fulfil its role only under neutral conditions of competition in an internal market. It is necessary to provide a framework which provides
  legal certainty as
  to the value added tax (VAT) treatment of financial products and their marketing and management. |

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS

Amendment 1

Amendment 1

Proposal for a directive — amending act

Proposal for a directive — amending act

Recital 1

Recital 1

(1)

The financial service industry makes an important contribution to growth, competitiveness and job creation but can fulfil its role only under neutral conditions of competition in an internal market. It is necessary to provide a framework which provides
  legal certainty as
  to the value added tax (VAT) treatment of financial products and their marketing and management.

legal certainty as

| (1) | The financial service industry makes an important contribution to growth, competitiveness and job creation but can fulfil its role only under neutral conditions of competition in an internal market. It is necessary to provide a framework which provides
  such neutral conditions in regard
  to the value added tax (VAT) treatment of financial products and their marketing and management. |
| --- | --- |

(1)

The financial service industry makes an important contribution to growth, competitiveness and job creation but can fulfil its role only under neutral conditions of competition in an internal market. It is necessary to provide a framework which provides
  such neutral conditions in regard
  to the value added tax (VAT) treatment of financial products and their marketing and management.

such neutral conditions in regard

Amendment 2

Amendment 2

Proposal for a directive — amending act

Proposal for a directive — amending act

Recital 2

Recital 2

| (2) | The existing rules governing the exemptions from VAT for financial and insurance services laid down in Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax are out of date and have led to uneven interpretation and application. The complexity of the rules and the variation in administrative practices generates legal uncertainty for economic operators and tax authorities. This uncertainty has led to considerable litigation and has increased the administrative burden. It is therefore necessary to clarify which insurance and financial services are exempt and thereby create greater legal certainty and reduce the administrative burden for operators and authorities. |
| --- | --- |

(2)

The existing rules governing the exemptions from VAT for financial and insurance services laid down in Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax are out of date and have led to uneven interpretation and application. The complexity of the rules and the variation in administrative practices generates legal uncertainty for economic operators and tax authorities. This uncertainty has led to considerable litigation and has increased the administrative burden. It is therefore necessary to clarify which insurance and financial services are exempt and thereby create greater legal certainty and reduce the administrative burden for operators and authorities.

| (2) | The existing rules governing the exemptions from VAT for financial and insurance services laid down in Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax are out of date and have led to uneven interpretation and application. The complexity of the rules and the variation in administrative practices generates legal uncertainty for economic operators and tax authorities
  and fails to secure a level playing field in the EU
  . This uncertainty has led to considerable litigation and has increased the administrative burden. It is therefore necessary to clarify which insurance and financial services are exempt and thereby create greater legal certainty
  and a level playing field in the EU
  and reduce the administrative burden for operators and authorities. |
| --- | --- |

(2)

The existing rules governing the exemptions from VAT for financial and insurance services laid down in Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax are out of date and have led to uneven interpretation and application. The complexity of the rules and the variation in administrative practices generates legal uncertainty for economic operators and tax authorities
  and fails to secure a level playing field in the EU
  . This uncertainty has led to considerable litigation and has increased the administrative burden. It is therefore necessary to clarify which insurance and financial services are exempt and thereby create greater legal certainty
  and a level playing field in the EU
  and reduce the administrative burden for operators and authorities.

and fails to secure a level playing field in the EU

and a level playing field in the EU

Amendment 3

Amendment 3

Proposal for a directive — amending act

Proposal for a directive — amending act

Recital 5

Recital 5

| (5) | Insurance services and financial services require similar forms of intermediation. It is therefore appropriate for intermediation in insurance and intermediation in financial services to be treated in the same way. |
| --- | --- |

(5)

Insurance services and financial services require similar forms of intermediation. It is therefore appropriate for intermediation in insurance and intermediation in financial services to be treated in the same way.

| (5) | Insurance services and financial services require similar forms of intermediation. It is therefore appropriate for intermediation in insurance and intermediation in financial services to be treated in the same way
  , including intermediation by an agent who has neither a contractual relationship nor any other direct contact with any of the parties to an insurance or financial transaction to whose conclusion the agent has contributed. In such cases the tax exemption should uniformly cover all activities that are typical of an insurance or financial services agent, including all activities preparatory and subsequent to concluding a contract
  . |
| --- | --- |

(5)

Insurance services and financial services require similar forms of intermediation. It is therefore appropriate for intermediation in insurance and intermediation in financial services to be treated in the same way
  , including intermediation by an agent who has neither a contractual relationship nor any other direct contact with any of the parties to an insurance or financial transaction to whose conclusion the agent has contributed. In such cases the tax exemption should uniformly cover all activities that are typical of an insurance or financial services agent, including all activities preparatory and subsequent to concluding a contract
  .

, including intermediation by an agent who has neither a contractual relationship nor any other direct contact with any of the parties to an insurance or financial transaction to whose conclusion the agent has contributed. In such cases the tax exemption should uniformly cover all activities that are typical of an insurance or financial services agent, including all activities preparatory and subsequent to concluding a contract

Amendment 4

Amendment 4

Proposal for a directive — amending act

Proposal for a directive — amending act

Recital5a (new)

Recital5a (new)

| (5a) | It is appropriate for activities constituting management of investment funds to continue to fall within the exemption if carried out by third-party economic operators. |
| --- | --- |

(5a)

(5a)

It is appropriate for activities constituting management of investment funds to continue to fall within the exemption if carried out by third-party economic operators.

Amendment 5

Amendment 5

Proposal for a directive — amending act

Proposal for a directive — amending act

Recital 7

Recital 7

| (7) | Suppliers of insurance and financial services are increasingly able to allocate input VAT on costs incurred by them precisely to the output to be taxed. Where the services they supply are fee-based, they can establish the taxable amount for these services easily. It is therefore appropriate to extend the possibility to opt for taxation for such operators. |
| --- | --- |

(7)

Suppliers of insurance and financial services are increasingly able to allocate input VAT on costs incurred by them precisely to the output to be taxed. Where the services they supply are fee-based, they can establish the taxable amount for these services easily. It is therefore appropriate to extend the possibility to opt for taxation for such operators.

| (7) | Suppliers of insurance and financial services are increasingly able to allocate input VAT on costs incurred by them precisely to the output to be taxed. Where the services they supply are fee-based, they can establish the taxable amount for these services easily. It is therefore appropriate to extend the possibility to opt for taxation for such operators
  , preventing any double taxation concerns that may arise by coordinating such taxation with national taxes on insurance and financial services
  . |
| --- | --- |

(7)

Suppliers of insurance and financial services are increasingly able to allocate input VAT on costs incurred by them precisely to the output to be taxed. Where the services they supply are fee-based, they can establish the taxable amount for these services easily. It is therefore appropriate to extend the possibility to opt for taxation for such operators
  , preventing any double taxation concerns that may arise by coordinating such taxation with national taxes on insurance and financial services
  .

, preventing any double taxation concerns that may arise by coordinating such taxation with national taxes on insurance and financial services

Amendment 6

Amendment 6

Proposal for a directive — amending act

Proposal for a directive — amending act

Recital 8a (new)

Recital 8a (new)

| (8a) | In adopting measures under Directive 2006/112/EC governing the right of option for taxation, the Council should ensure the uniform application of such rules in the internal market. Pending the adoption of such rules by the Council, Member States should be able to lay down the detailed rules governing the exercise of the option. Member States should notify the Commission of draft measures in this regard six months before their adoption. During that period, the Commission should assess the draft measures and issue a recommendation. |
| --- | --- |

(8a)

(8a)

In adopting measures under Directive 2006/112/EC governing the right of option for taxation, the Council should ensure the uniform application of such rules in the internal market. Pending the adoption of such rules by the Council, Member States should be able to lay down the detailed rules governing the exercise of the option. Member States should notify the Commission of draft measures in this regard six months before their adoption. During that period, the Commission should assess the draft measures and issue a recommendation.

Amendment 7

Amendment 7

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 1 — point a

Article 1 — point 1 — point a

Directive 2006/112/EC

Directive 2006/112/EC

Article 135 — paragraph 1 — point a

Article 135 — paragraph 1 — point a

| (a) | insurance
  and
  reinsurance; |
| --- | --- |

(a)

insurance
  and
  reinsurance;

and

| (a) | insurance
  , including
  reinsurance; |
| --- | --- |

(a)

insurance
  , including
  reinsurance;

, including

Amendment 8

Amendment 8

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 1 — point a

Article 1 — point 1 — point a

Directive 2006/112/EC

Directive 2006/112/EC

Article 135 — paragraph 1 — point d

Article 135 — paragraph 1 — point d

| (d) | exchange of currency
  and
  provision of cash; |
| --- | --- |

(d)

exchange of currency
  and
  provision of cash;

and

| (d) | exchange of currency
  ,
  provision of cash
  and cash claims transactions
  ; |
| --- | --- |

(d)

exchange of currency
  ,
  provision of cash
  and cash claims transactions
  ;

,

and cash claims transactions

Amendment 9

Amendment 9

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 1 — point a

Article 1 — point 1 — point a

Directive 2006/112/EC

Directive 2006/112/EC

Article 135 — paragraph 1 — point e

Article 135 — paragraph 1 — point e

| (e) | supply of
  securities; |
| --- | --- |

(e)

supply of
  securities;

supply of

| (e) | transactions concerning trading in
  securities; |
| --- | --- |

(e)

transactions concerning trading in
  securities;

transactions concerning trading in

Amendment 10

Amendment 10

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 1 — point a

Article 1 — point 1 — point a

Directive 2006/112/EC

Directive 2006/112/EC

Article 135 — paragraph 1 — point g a (new)

Article 135 — paragraph 1 — point g a (new)

| (ga) | derivatives of all kinds; |
| --- | --- |

(ga)

(ga)

derivatives of all kinds;

Amendment 11

Amendment 11

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 1 — point b

Article 1 — point 1 — point b

Directive 2006/112/EC

Directive 2006/112/EC

Article 135 — paragraph 1a

Article 135 — paragraph 1a

1a.   The exemption provided for in
  points (a) to (e)
  of paragraph 1 shall apply to the supply of any constituent element of an insurance or financial service, which constitutes a distinct whole and has the specific and essential character of the exempt service.

points (a) to (e)

1a.   The exemption provided for in
  points (a) to (f)
  of paragraph 1 shall apply to the supply of any constituent element of an insurance or financial service, which constitutes a distinct whole and has the specific and essential character of the exempt service.

points (a) to (f)

Amendment 12

Amendment 12

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 2

Article 1 — point 2

Directive 2006/112/EC

Directive 2006/112/EC

Article 135a — point 1

Article 135a — point 1

| (1) | ‘insurance
  and reinsurance
  ’ means a commitment whereby
  a person is
  obliged, in return for a payment, to provide
  another person
  , in the event of materialisation of a risk, with an indemnity or a benefit as determined by the commitment; |
| --- | --- |

(1)

‘insurance
  and reinsurance
  ’ means a commitment whereby
  a person is
  obliged, in return for a payment, to provide
  another person
  , in the event of materialisation of a risk, with an indemnity or a benefit as determined by the commitment;

and reinsurance

a person is

another person

| (1) | ‘insurance’ means a commitment whereby
  one or more persons is or are
  obliged, in return for a payment, to provide
  one or more other persons
  , in the event of materialisation of a risk, with an indemnity or a benefit as determined by the commitment; |
| --- | --- |

(1)

‘insurance’ means a commitment whereby
  one or more persons is or are
  obliged, in return for a payment, to provide
  one or more other persons
  , in the event of materialisation of a risk, with an indemnity or a benefit as determined by the commitment;

one or more persons is or are

one or more other persons

Amendment 13

Amendment 13

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 2

Article 1 — point 2

Directive 2006/112/EC

Directive 2006/112/EC

Article 135a — point 8 — introductory part

Article 135a — point 8 — introductory part

| (8) | ‘
  supply of
  securities’ means the
  supply
  of tradable instruments other than an instrument establishing title to goods or to the rights referred to in Article 15(2), representing financial value and reflecting any one or more of the following: |
| --- | --- |

(8)

‘
  supply of
  securities’ means the
  supply
  of tradable instruments other than an instrument establishing title to goods or to the rights referred to in Article 15(2), representing financial value and reflecting any one or more of the following:

supply of

supply

| (8) | ‘
  transactions concerning trading in
  securities’ means the
  sale
  of tradable instruments other than an instrument establishing title to goods or to the rights referred to in Article 15(2), representing financial value and reflecting any one or more of the following: |
| --- | --- |

(8)

‘
  transactions concerning trading in
  securities’ means the
  sale
  of tradable instruments other than an instrument establishing title to goods or to the rights referred to in Article 15(2), representing financial value and reflecting any one or more of the following:

transactions concerning trading in

sale

Amendment 14

Amendment 14

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 2

Article 1 — point 2

Directive 2006/112/EC

Directive 2006/112/EC

Article 135a — point 8 — point c

Article 135a — point 8 — point c

| (c) | unit ownership in undertakings for collective investment
  in the securities referred to in points (a) or (b), in other exempted financial instruments referred to in points (a) to (d) of Article 135(1) or
  in other undertakings for collective investment; |
| --- | --- |

(c)

unit ownership in undertakings for collective investment
  in the securities referred to in points (a) or (b), in other exempted financial instruments referred to in points (a) to (d) of Article 135(1) or
  in other undertakings for collective investment;

in the securities referred to in points (a) or (b), in other exempted financial instruments referred to in points (a) to (d) of Article 135(1) or

| (c) | unit ownership in
  investment funds, as defined in point 10, or in
  undertakings for collective investment in other undertakings for collective investment; |
| --- | --- |

(c)

unit ownership in
  investment funds, as defined in point 10, or in
  undertakings for collective investment in other undertakings for collective investment;

investment funds, as defined in point 10, or in

Amendment 15

Amendment 15

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 2

Article 1 — point 2

Directive 2006/112/EC

Directive 2006/112/EC

Article 135a — point 8 — point c a (new)

Article 135a — point 8 — point c a (new)

| (ca) | title to cash-settled financial, credit, and commodity derivatives and related options; |
| --- | --- |

(ca)

(ca)

title to cash-settled financial, credit, and commodity derivatives and related options;

Amendment 16

Amendment 16

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 2

Article 1 — point 2

Directive 2006/112/EC

Directive 2006/112/EC

Article 135a — point 9

Article 135a — point 9

| (9) | ‘intermediation in insurance and financial transactions’ means the supply of services rendered
  to, and remunerated by, a contractual party
  as a distinct act of mediation in relation to the insurance or financial transactions referred to in points (a) to (e) of Article 135(1), by
  a

  third party

  intermediary
  ; |
| --- | --- |

(9)

‘intermediation in insurance and financial transactions’ means the supply of services rendered
  to, and remunerated by, a contractual party
  as a distinct act of mediation in relation to the insurance or financial transactions referred to in points (a) to (e) of Article 135(1), by
  a

  third party

  intermediary
  ;

to, and remunerated by, a contractual party

a

third party

intermediary

| (9) | ‘intermediation in insurance and financial transactions’ means the supply of services rendered as a distinct
  , direct or indirect
  act of mediation in relation to the insurance or financial transactions referred to in points (a) to (e) of Article 135(1), by third-party

  intermediaries, provided that none of the intermediaries is a counterparty to those insurance or financial transactions
  ; |
| --- | --- |

(9)

‘intermediation in insurance and financial transactions’ means the supply of services rendered as a distinct
  , direct or indirect
  act of mediation in relation to the insurance or financial transactions referred to in points (a) to (e) of Article 135(1), by third-party

  intermediaries, provided that none of the intermediaries is a counterparty to those insurance or financial transactions
  ;

, direct or indirect

third-party

intermediaries, provided that none of the intermediaries is a counterparty to those insurance or financial transactions

Amendment 17

Amendment 17

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 2

Article 1 — point 2

Directive 2006/112/EC

Directive 2006/112/EC

Article 135a — point 10

Article 135a — point 10

| (10) | ‘investment funds’ means
  undertakings for collective investment in the exempted financial instruments referred to in points (a) to (e) of Article 135(1) and in real estate
  ; |
| --- | --- |

(10)

‘investment funds’ means
  undertakings for collective investment in the exempted financial instruments referred to in points (a) to (e) of Article 135(1) and in real estate
  ;

undertakings for collective investment in the exempted financial instruments referred to in points (a) to (e) of Article 135(1) and in real estate

| (10) | ‘investment funds’ means
  specially constituted investment vehicles created for the sole purpose of gathering assets from investors and investing those assets in a diversified pool of assets, including pension funds and vehicles used to implement and execute collective pension schemes
  ; |
| --- | --- |

(10)

‘investment funds’ means
  specially constituted investment vehicles created for the sole purpose of gathering assets from investors and investing those assets in a diversified pool of assets, including pension funds and vehicles used to implement and execute collective pension schemes
  ;

specially constituted investment vehicles created for the sole purpose of gathering assets from investors and investing those assets in a diversified pool of assets, including pension funds and vehicles used to implement and execute collective pension schemes

Amendment 18

Amendment 18

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 2

Article 1 — point 2

Directive 2006/112/EC

Directive 2006/112/EC

Article 135a — point 11

Article 135a — point 11

| (11) | ‘management of investment funds’ means activities aimed at realising the investment objectives of the investment fund concerned. |
| --- | --- |

(11)

‘management of investment funds’ means activities aimed at realising the investment objectives of the investment fund concerned.

| (11) | ‘management of investment funds’ means activities aimed at realising the investment objectives of the investment fund concerned
  and shall include at least strategic and tactical asset management and asset allocation, including advisory services, as well as currency and risk management
  . |
| --- | --- |

(11)

‘management of investment funds’ means activities aimed at realising the investment objectives of the investment fund concerned
  and shall include at least strategic and tactical asset management and asset allocation, including advisory services, as well as currency and risk management
  .

and shall include at least strategic and tactical asset management and asset allocation, including advisory services, as well as currency and risk management

Amendment 19

Amendment 19

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 3

Article 1 — point 3

Directive 2006/112/EC

Directive 2006/112/EC

Article 137 — paragraph 1 — point a

Article 137 — paragraph 1 — point a

| (3) | In Article 137(1), point (a) is deleted. |
| --- | --- |

(3)

(3)

In Article 137(1), point (a) is deleted.

deleted

deleted

Amendment 20

Amendment 20

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 4

Article 1 — point 4

Directive 2006/112/EC

Directive 2006/112/EC

Article 137a — paragraph 1

Article 137a — paragraph 1

1.   From 1 January 2012, Member States shall allow taxable persons a right of option for taxation in respect of the services referred to in
  points (a) to (g)
  of Article 135(1).

points (a) to (g)

1.   From 1 January 2012, Member States shall allow taxable persons
  in each individual case
  a right of option for taxation in respect of
  one
  of the services referred to in
  points (a) to (ga)
  of Article 135(1)
  , where that service is provided to another taxable person established in the same Member State or elsewhere in the Community
  .

in each individual case

one

points (a) to (ga)

, where that service is provided to another taxable person established in the same Member State or elsewhere in the Community

Amendment 21

Amendment 21

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 4

Article 1 — point 4

Directive 2006/112/EC

Directive 2006/112/EC

Article 137a — paragraph 1a (new)

Article 137a — paragraph 1a (new)

1a.
     
  The Commission shall report to the European Parliament and the Council on the operation of the right of option under paragraph 1 by (1). If appropriate, the Commission shall present a legislative proposal concerning detailed rules governing the exercise of that right of option and any other amendments of this Directive in this regard
  .

1a.

The Commission shall report to the European Parliament and the Council on the operation of the right of option under paragraph 1 by (1

Amendment 22

Amendment 22

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 4

Article 1 — point 4

Directive 2006/112/EC

Directive 2006/112/EC

Article 137a — paragraph 2

Article 137a — paragraph 2

2.   The Council shall adopt the measures necessary for the implementation of paragraph 1 pursuant to the procedure provided for in Article 397. So long as the Council has not adopted such measures, Member States may
  lay down
  the detailed rules governing exercise of the option under paragraph 1.

lay down

2.   The Council shall adopt the measures necessary for the implementation of paragraph 1 pursuant to the procedure provided for in Article 397. So long as the Council has not adopted such measures, Member States may
  maintain
  the
  existing
  detailed rules governing exercise of the option under paragraph 1.

maintain

existing

Amendment 23

Amendment 23

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 4

Article 1 — point 4

Directive 2006/112/EC

Directive 2006/112/EC

Article 137b — point 1

Article 137b — point 1

| (1) | the group itself
  and all its members are
  established
  or resident
  in the Community; |
| --- | --- |

(1)

the group itself
  and all its members are
  established
  or resident
  in the Community;

and all its members are

or resident

| (1) | the group itself
  is
  established in the Community; |
| --- | --- |

(1)

the group itself
  is
  established in the Community;

is

Amendment 24

Amendment 24

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 4

Article 1 — point 4

Directive 2006/112/EC

Directive 2006/112/EC

Article 137b — point 3

Article 137b — point 3

| (3) | members of the group are supplying services which are exempt under
  Article 135(1)(a) to (g)
  or other services in respect of which they are not taxable persons; |
| --- | --- |

(3)

members of the group are supplying services which are exempt under
  Article 135(1)(a) to (g)
  or other services in respect of which they are not taxable persons;

Article 135(1)(a) to (g)

| (3) | members of the group are supplying services which are exempt under
  Article 135(1)(a) to (ga)
  or other services in respect of which they are not taxable persons; |
| --- | --- |

(3)

members of the group are supplying services which are exempt under
  Article 135(1)(a) to (ga)
  or other services in respect of which they are not taxable persons;

Article 135(1)(a) to (ga)

Amendment 25

Amendment 25

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 4

Article 1 — point 4

Directive 2006/112/EC

Directive 2006/112/EC

Article 137b — point 4

Article 137b — point 4

| (4) | the services
  are
  supplied by the group
  only to its members and
  are necessary to allow members to supply services which are exempt pursuant to
  Article 135(1)(a) to (g); |
| --- | --- |

(4)

the services
  are
  supplied by the group
  only to its members and
  are necessary to allow members to supply services which are exempt pursuant to
  Article 135(1)(a) to (g);

are

only to its members and

Article 135(1)(a) to (g);

| (4) | the services supplied by the group are necessary to allow members to supply services which are exempt pursuant to
  Article 135(1)(a) to (ga); |
| --- | --- |

(4)

the services supplied by the group are necessary to allow members to supply services which are exempt pursuant to
  Article 135(1)(a) to (ga);

Article 135(1)(a) to (ga);

Amendment 26

Amendment 26

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 4

Article 1 — point 4

Directive 2006/112/EC

Directive 2006/112/EC

Article 137b — point 5

Article 137b — point 5

| (5) | the group claims from its members only the exact reimbursement of their share of the joint expenses
  , excluding any
  transfer-pricing adjustments made for the purposes of direct taxation. |
| --- | --- |

(5)

the group claims from its members only the exact reimbursement of their share of the joint expenses
  , excluding any
  transfer-pricing adjustments made for the purposes of direct taxation.

, excluding any

| (5) | the group claims from its members only the exact reimbursement of their share of the joint expenses
  ;
  transfer-pricing adjustments made for the purposes of direct taxation
  shall not affect the group's exemption from turnover tax
  . |
| --- | --- |

(5)

the group claims from its members only the exact reimbursement of their share of the joint expenses
  ;
  transfer-pricing adjustments made for the purposes of direct taxation
  shall not affect the group's exemption from turnover tax
  .

;

shall not affect the group's exemption from turnover tax

Amendment 27

Amendment 27

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 1 — point 4 a (new)

Article 1 — point 4 a (new)

Directive 2006/112/EC

Directive 2006/112/EC

Article 169 — point c

Article 169 — point c

| (4a) | In Article 169, point (c) is replaced by the following:









  (c) | transactions which are exempt pursuant to points (a) to (ga) of Article 135(1), where the customer is established outside the Community or where those transactions relate directly to goods to be exported out of the Community. |
| --- | --- | --- |

(4a)

(4a)

In Article 169, point (c) is replaced by the following:

(c)

(c)

transactions which are exempt pursuant to points (a) to (ga) of Article 135(1), where the customer is established outside the Community or where those transactions relate directly to goods to be exported out of the Community.

transactions which are exempt pursuant to points (a) to (ga)

Amendment 28

Amendment 28

Proposal for a directive — amending act

Proposal for a directive — amending act

Article 2 — paragraph 1 — subparagraph 1

Article 2 — paragraph 1 — subparagraph 1

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive
  by 31 December 2009 at the latest
  . They shall forthwith communicate to the Commission the text of those provisions and correlation table between those provisions and Directive.

by 31 December 2009 at the latest

1.   Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive
  while ensuring that end-consumers benefit from the restructuring of the present VAT arrangement
  . They shall forthwith communicate to the Commission the text of those provisions and correlation table between those provisions and Directive.

while ensuring that end-consumers benefit from the restructuring of the present VAT arrangement

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(1)  ...Three years after the entry into force of Directive .../.../EC.

1

...Three years after the entry into force of Directive .../.../EC.

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