# Commission Implementing Decision of 26 November 2014 amending Decision 2005/820/EC, Euratom authorising the Slovak Republic            to use statistics for years earlier than the last year but one and to use certain approximate estimates for the calculation            of the VAT own resources base (notified under document C(2014) 8934) (Only the Slovak text is authentic) (2014/852/EU, Euratom)         

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U.K.

# Commission Implementing Decision

# of 26 November 2014

# amending Decision 2005/820/EC, Euratom authorising the Slovak Republic to use statistics for years earlier than the last year                        but one and to use certain approximate estimates for the calculation of the VAT own resources base                     

# *(notified under document C(2014) 8934)*

# (Only the Slovak text is authentic)

# (2014/852/EU, Euratom)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the                           collection of own resources accruing from value added tax(1), and in particular the second indent of Article 6(3) thereof,                        

After consulting the Advisory Committee on Own Resources,

Whereas:

(1)Under Article 390 of Council Directive 2006/112/EC(2), Slovakia may, in accordance with the conditions applying in that Member State on the date of its accession, continue to                              exempt the transactions referred to in point 10 of Annex X, Part B to that Directive, for as long as the same exemption is                              applied in any of the Member States which were members of the Community on 30 April 2004; those transactions must be taken                              into account for the determination of the VAT own resources base.

(2)In its response of 27 August 2014 to the letter of 14 February 2014 of the Commission regarding the simplification of VAT                              own resources inspections, Slovakia requested authorisation from the Commission to use a fixed percentage of the intermediate                              base for the calculation of the VAT own resources base for transactions referred to in point 10 of Annex X, Part B to Directive                              2006/112/EC for the financial years 2014 to 2020. Slovakia has shown that the historical percentage has remained stable over                              time. Slovakia should therefore be authorised to calculate the VAT own resources base using a fixed percentage in accordance                              with the letter sent by the Commission.

(3)For reasons of transparency and legal certainty it is appropriate to limit the applicability of the authorisation in time.

(4)It is therefore appropriate to amend Commission Decision 2005/820/EC, Euratom(3) accordingly,

HAS ADOPTED THIS DECISION:

# Article 1U.K.

In Decision 2005/820/EC, Euratom the following Article 2a is inserted:

# ‘Article 2a

By way of derogation from Article 2 of this Decision, for the purpose of calculating the VAT own resources base from 1 January                        2014 to 31 December 2020, Slovakia is authorised to use 0,16 % of the intermediate base in respect of transactions referred                        to in point 10 of Annex X, Part B (passenger transport) to Council Directive 2006/112/EC(4).’.                  

# Article 2U.K.

This Decision is addressed to the Slovak Republic.

Done at Brussels, 26 November 2014.

*For the Commission*                            

Kristalina Georgieva                            

*Vice-President*                            

1

OJ L 155, 7.6.1989, p. 9.                           

2

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).                           

3

Commission Decision 2005/820/EC, Euratom of 21 November 2005 authorising the Slovak Republic to use statistics for years earlier                              than the last year but one and to use certain approximate estimates for the calculation of the VAT own resources base (OJ L 305, 24.11.2005, p. 41).                           

4

Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (OJ L 347, 11.12.2006, p. 1).’