AGREEMENT
between the European Community and the Republic of San Marino providing for measures
equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in
the form of interest payments
THE EUROPEAN COMMUNITY, hereinafter referred to as ‘Community ’,
and
THE REPUBLIC OF SAN MARINO, hereinafter referred to as San Marino,
both hereinafter referred to as ‘Contracting Party ’or‘Contracting Parties ’,
HAVE AGREED AS FOLLOWS:
Article 1
Aim
1. The purpose of this Agreement between the Community
and San Marino is to consolidate and extend the existing closerelations between the two Contracting Parties by establishingmeasures equivalent to those laid down in the Council
Directive 2003/48/EC of 3 June 2003 on taxation of savings
income in the form of interest payments made to beneficialowners, individuals, resident for tax purposes in a MemberState of the European Community, hereinafter referred to asthe Directive.
2. San Marino shall take the necessary measures and speci-
fically provide for provisions on procedures and penalties, toensure that the tasks necessary for the implementation of thisAgreement are carried out by paying agents established withinits territory, irrespective of the place of establishment of thedebtor of the debt-claim producing the interest.
Article 2
Definition of beneficial owner
1. For the purposes of this Agreement, ‘beneficial owner ’
shall mean any individual who receives an interest paymentor any individual for whom an interest payment is secured,unless such individual provides evidence that it was notreceived or secured for his or her own benefit, that is to saythat:
(a) he or she acts as a paying agent within the meaning of
Article 4, or
(b) he or she acts on behalf of a legal person, an investment
fund or a comparable or equivalent body for common
investments in securities, or
(c) he or she acts on behalf of another individual who is the
beneficial owner and discloses to the paying agent theidentity of that beneficial owner in accordance withArticle 3.2. Where a paying agent has information suggesting that the
individual who receives an interest payment or for whom aninterest payment is secured may not be the beneficial owner,and where neither paragraph 1(a) nor 1(b) applies to that indi-
vidual, that agent shall take reasonable steps to establish the
identity of the beneficial owner in accordance with Article 3. Ifthe paying agent is unable to identify the beneficial owner, thatagent shall treat the individual in question as the beneficialowner.
Article 3
Identity and residence of beneficial owners
In order to establish the identity and residence of the beneficial
owner as defined in Article 2, the paying agent shall keep arecord of the family name, the first name and the dataconcerning the address and residence status in accordancewith the Republic of San Marino Law against usury andmoney-laundering. For contractual relations entered into, ortransactions carried out in the absence of contractualrelations, on or after 1 January 2004, for individuals presentinga passport or official identity card issued by a Member State ofthe European Union, hereinafter referred to as ‘Member State ’,
who declare themselves to be resident in a State other than aMember State or San Marino, residence shall be established bymeans of a tax residence certificate issued by the competentauthority of the State in which the individual claims to be
resident. Failing the presentation of such a certificate, the
Member State which issued the passport or other officialidentity document shall be considered the State of residence.
Article 4
Definition of paying agent
For the purposes of this Agreement, ‘paying agent ’in San
Marino shall mean banks under San Marino banking law, aswell as economic operators including natural and legal personsresident or established in San Marino, partnerships andpermanent establishments of foreign companies, which, evenoccasionally, accept, hold, invest or transfer assets of thirdparties or merely pay or secure interests in the course of theirbusiness.EN 28.12.2004 Official Journal of the European Union L 381/33
Article 5
Definition of competent authority
1. For the purposes of this Agreement the ‘competent autho-
rities of the Contracting Parties ’shall mean those listed in
Annex I.
2. The ‘competent authorities of States not included in the
Contracting Parties ’shall mean those authorities of such States
which are competent for the purposes of bilateral or multilateralconventions, or, failing that, which are competent to issue certi-ficates of residence for tax purposes.
Article 6
Definition of interest payment
1. For the purposes of this Agreement, ‘interest payment ’
means:
(a) interest paid, or credited to an account, relating to debt-
claims of every kind, whether or not secured by mortgageand whether or not carrying a right to participate in the
debtor's profits, and in particular, income from government
securities and income from bonds or debentures, includingpremiums and prizes attaching to such securities, bonds ordebentures; penalty charges for late payments shall not beregarded as interest payments;
(b) interest accrued or capitalised at the sale, refund or
redemption of the debt-claims referred to in (a);
(c) income deriving from interest payments either directly or
through an entity referred to in Article 4(2) of the Directive,distributed by:
(i) undertakings for collective investment or comparable or
equivalent bodies for common investments in securitiesestablished within the territories referred to in Article19,
(ii) an entity domiciled in a Member State, which exercises
the option under Article 4(3) of the Directive andinforms the paying agent of this fact,
(iii) undertakings for collective investment or comparable or
equivalent bodies for common investment in securitiesestablished outside the territories referred to in Article19;
(d) income realised upon the sale, refund or redemption of
shares or units in the following undertakings and entities,if they invest directly or indirectly via other undertakings forcollective investment or entities referred to below more than40 % of their assets in debt-claims as referred to in (a):
(i) undertakings for collective investment or comparable or
equivalent bodies for common investments in securitiesestablished within the territories referred to in Article
19,
(ii) an entity domiciled in a Member State, which exercises
the option under Article 4(3), of the Directive andinforms the paying agent of this fact,
(iii) undertakings for collective investment or comparable or
equivalent bodies for common investment in securitiesestablished outside the territories referred to in Article
19.
However, San Marino shall have the option of including income
mentioned under (d) in the definition of interest only to theextent that such income corresponds to gains directly orindirectly deriving from interest payments within the meaningof (a) and (b).
2. As regards paragraphs 1(c) and (d), when a paying agent
has no information concerning the proportion of the incomewhich derives from interest payments, the total amount of theincome shall be considered an interest payment.
3. As regards paragraph 1(d), when a paying agent has no
information concerning the percentage of the assets invested indebt-claims or in shares or units as defined in that paragraph,that percentage shall be considered to be above 40 %. Wherethat agent cannot determine the amount of income realised bythe beneficial owner, the income shall be deemed to correspondto the proceeds of the sale, refund or redemption of the sharesor units.
4. As regards paragraphs 1(b) and (d), San Marino shall have
the option of requiring paying agents in its territory toannualise the interest over a period of time which may notexceed one year, and treating such annualised interest as aninterest payment even if no sale, redemption or refund occursduring that period.
5. By way of derogation from paragraphs 1(c) and (d), San
Marino shall have the option of excluding from the definition ofinterest payment any income referred to in those paragraphsfrom undertakings or entities established within its territorywhere the investment in debt-claims referred to in paragraph1(a) of such entities has not exceeded 15 % of their assets.
The exercise of such option by San Marino, once notified to the
other Contracting Party, shall be binding on both Contracting
Parties.
6. The percentage referred to in paragraph 1(d) and
paragraph 3 shall after 31 December 2010 be 25 %.
7. The percentages referred to in paragraph 1(d) and in
paragraph 5 shall be determined by reference to the investmentpolicy as laid down in the fund rules or instruments of incor-poration of the undertakings or entities concerned and, failingwhich, by reference to the actual composition of the assets ofthe undertakings or entities concerned.EN L 381/34 Official Journal of the European Union 28.12.2004
Article 7
Withholding tax
1. Where the beneficial owner is resident in a Member State,
San Marino shall levy a withholding tax at a rate of 15 % duringthe first three years from the date of application of thisAgreement, 20 % for the subsequent three years and 35 %thereafter.
2. The paying agent shall levy withholding tax as follows:(a) in the case of an interest payment within the meaning of
Article 6(1)(a): on the amount of interest paid or credited;
(b) in the case of an interest payment within the meaning of
Article 6(1)(b) or (d): on the amount of interest or incomereferred to in those paragraphs or by a levy of equivalenteffect to be borne by the recipient on the full amount of theproceeds of the sale, redemption or refund;
(c) in the case of an interest payment within the meaning of
Article 6(1)(c): on the amount of income referred to in thatparagraph;
(d) where San Marino exercises the option under Article 6(4):
on the amount of annualised interest.
3. For the purposes of paragraph 2(a) and (b), withholding
tax is levied pro rata to the period of holding of the debt-claim
by the beneficial owner. When the paying agent is unable to
determine the period of holding on the basis of information inits possession, it shall treat the beneficial owner as having heldthe debt-claim throughout its period of existence unless heprovides evidence of the date of acquisition.
4. Taxes other than that provided for in this Agreement on
the same interest payment, and in particular the withholdingtaxes levied by San Marino on San Marino's source interestincome, shall be credited against the amount of the withholdingtax calculated in accordance with this Article.
5. The imposition of withholding tax by the paying agent
located in the Republic of San Marino shall not preclude theMember State of residence for tax purposes of the beneficialowner from taxing the income in accordance with its domesticlaw. In cases where a taxpayer declares his or her interestincome obtained from a paying agent located in San Marinoto the tax authorities in the Member State of his or herresidence, that interest income shall be subject to taxationthere at the same rates as those applied to interest earneddomestically.
Article 8
Revenue sharing
1. San Marino shall retain 25 % of its revenue from the
withholding tax referred to in Article 7 and transfer 75 % ofthe revenue to the Member State of residence of the beneficialowner of the interest payment.
2. Such transfers shall take place in one instalment per
Member State at the latest within a period of six monthsfollowing the end of the tax year of San Marino.3. San Marino shall take the necessary measures to ensure
the proper functioning of the revenue sharing system.
Article 9
Voluntary disclosure
1. San Marino shall provide for a procedure which allows the
beneficial owner as defined in Article 2 to avoid the with-holding tax referred to in Article 7 by expressly authorisinghis paying agent established in San Marino to report theinterest payments to the competent authority of that State.Such authorisation shall cover all interest payments made to,or secured for the immediate benefit of, the beneficial owner bythat paying agent.
2. The minimum amount of information to be reported by
the paying agent in case of express authorisation by the bene-ficial owner shall consist of:
(a) the identity and residence of the beneficial owner estab-
lished in accordance with Article 3 of this Agreement,supplemented, when available, by the tax identificationnumber allocated by the Member State where the beneficialowner has his or her residence;
(b) the name and address of the paying agent;
(c) the account number of the beneficial owner or, where there
is none, identification of the debt-claim giving rise to theinterest, and
(d) the amount of the interest payment established in
accordance with Article 6 of this Agreement.
3. The competent authority of San Marino shall commu-
nicate the information referred to in paragraph 2 to thecompetent authority of the Member State of residence of thebeneficial owner. Such communications shall be automatic andshall take place at least once a year, within six monthsfollowing the end of the tax year in San Marino, for allinterest payments made during that year.
Article 10
Elimination of double taxation
1. The Member State of residence for tax purposes of the
beneficial owner shall ensure the elimination of any doubletaxation which might result from the imposition of the with-holding tax referred to in Article 7, in accordance with theprovisions of paragraphs 2 and 3.
2. If interest received by a beneficial owner has been subject
to the withholding tax referred to in Article 7 in San Marino,the Member State of residence for tax purposes of the beneficial
owner shall grant him or her a tax credit equal to the amount
of the tax withheld, in accordance with its national law. Wherethis amount exceeds the amount of tax due in accordance withits national law on the total amount of the interest paymentwhich has been subject to the withholding tax referred to inArticle 7, the Member State of residence for tax purposes of thebeneficial owner shall repay to him or her the excess amount oftax withheld.EN 28.12.2004 Official Journal of the European Union L 381/35
3. If, in addition to the withholding tax referred to in Article
7, interest received by a beneficial owner has been subject toany other type of withholding tax and the Member State ofresidence for tax purposes of the beneficial owner grants atax credit for such withholding tax in accordance with itsnational law or double taxation conventions, such other with-holding tax shall be credited before the procedure in paragraph2 is applied.
4. The Member State of residence for tax purposes of the
beneficial owner may replace the tax credit mechanism referredto in paragraphs 2 and 3 by a refund of the withholding taxreferred to in Article 7.
Article 11
Transitional provisions for negotiable debt securities
1. From the date of application of this Agreement for as long
as at least one Member State also applies similar provisions, anduntil 31 December 2010 at the latest, domestic and interna-tional bonds and other negotiable debt securities which werefirst issued before 1 March 2001 or for which the originalissuing prospectuses were approved before that date by theauthorities which are competent for this purpose in theissuing State shall not be considered as debt-claims within themeaning of Article 6(1)(a), provided that no further issues ofsuch negotiable debt securities are made on or after 1 March2002.
However, for as long as at least one Member State also applies
provisions similar to those of Article 7 of this Agreement theprovisions of this Article shall continue to apply beyond 31December 2010 in respect of such negotiable debt securities:
—which contain gross-up and early redemption clauses, and
—where the paying agent, as defined in Article 4, is estab-
lished in San Marino, and
—where that paying agent pays interest directly to, or secures
the payment of interest for the immediate benefit of, abeneficial owner resident in a Member State.
If and when all Member States cease to apply provisions similar
to those of Article 7 of this Agreement, the provisions of thisArticle shall continue to apply only in respect of those nego-tiable securities:
—which contain gross-up and early redemption clauses, and
—where the issuer's paying agent is established in San Marino,
and
—where that paying agent pays interest directly to, or secures
the payment of interest for the immediate benefit of, abeneficial owner resident in a Member State.
If a further issue is made on or after 1 March 2002 of an
aforementioned negotiable debt security issued by aGovernment or a related entity acting as a public authority orwhose role is recognised by an international Agreement (listed
in Annex II to this Agreement), the entire issue of such asecurity, consisting of the original issue and any further issueshall be considered a debt-claim within the meaning of Article6(1)(a).
If a further issue is made on or after 1 March 2002 of an
aforementioned negotiable debt security issued by any otherissuer not covered by the fourth subparagraph, such furtherissue shall be considered a debt-claim within the meaning of
Article 6(1)(a).
2. This Article shall not prevent San Marino and the Member
States from continuing to levy a tax on revenues deriving from
the aforementioned negotiable debt-claims in paragraph 1 inaccordance with their national law.
Article 12
Other withholding taxes —Relationships with other
agreements
1. This Agreement shall not preclude the parties from
levying other types of withholding tax than that referred to inthis Agreement in accordance with their national laws or doubletaxation conventions.
2. The provisions of the double taxation conventions
between San Marino and the Member States shall not preventthe levying of the withholding tax for which this Agreementprovides.
Article 13
Exchange of information on request
1. The competent authorities of San Marino and of any
Member State shall exchange information on conduct consti-tuting tax fraud under the laws of the requested State, or thelike for income covered by this Agreement. ‘The like ’only
includes offences with the same level of wrongfulness as isthe case for tax fraud under the laws of the requested State,resulting in any prejudice for the taxation interests of therequesting State. In response to a duly justified request, the
requested State shall provide information with respect to the
conduct that the requesting State is investigating, or may inves-tigate, on a criminal or non-criminal basis.
2. In determining whether information may be provided in
response to a request, the requested State shall apply the statuteof limitations applicable under the laws of the requesting State.
3. The requested State shall provide information where the
requesting State has a reasonable suspicion that the conductwould constitute tax fraud or the like. The requesting State'sreasonable suspicion of tax fraud or the like may be based on:
(a) documents, whether authenticated or not, and including but
not limited to business records, books of account, or bankaccount information;EN L 381/36 Official Journal of the European Union 28.12.2004
(b) testimonial information from the taxpayer;
(c) information obtained from an informant or other third
person that has been independently corroborated or isotherwise likely to be credible; or
(d) circumstantial evidence.4. The competent authority of the requesting State shall
provide the following elements to the competent authority ofthe requested State when making a request for informationunder this Agreement to demonstrate the foreseeablerelevance of the information to the request:
(a) the identity of the person under examination or investi-
gation;
(b) a statement of the information sought including its nature
and the form in which the requesting State wishes to receivethe information from the requested State;
(c) the tax purpose for which the information is sought;(d) grounds for believing that the information requested is held
in the requested State or is in the possession or control of aperson within the jurisdiction of the requested State;
(e) to the extent known, the name and address of any person
believed to be in possession of the requested information;
(f) a statement that the request is in conformity with the law
and administrative practices of the requesting State, that ifthe requested information was within the jurisdiction of therequesting State then the competent authority of therequesting State would be able to obtain the informationunder the laws of the requesting State or the normal courseof administrative practice and that it is in conformity withthis Agreement;
(g) a statement that the requesting State has pursued all means
available in its own territory to obtain the information,except those that would give rise to disproportionate diffi-culties.
5. The competent authority of the requested State shall
forward the requested information as promptly as possible tothe requesting State.
6. San Marino shall enter into bilateral negotiations with
each of the Member States in order to define individual cate-gories of cases falling under ‘the like ’in accordance with the
procedure of taxation applied by those States.Article 14
Confidentiality
Any information received by a Contracting Party under this
Agreement shall be treated as confidential and may bedisclosed only to persons or authorities (including courts andadministrative bodies) in the jurisdiction of the ContractingParty concerned with the assessment or collection of, the enfor-cement or prosecution in respect of, or the determination ofappeals in relation to, the taxes covered by this Agreement.
Such persons or authorities shall use such information only
for such purposes. They may disclose the information inpublic court proceedings or in judicial decisions. The infor-mation may not be disclosed to any other person or entity orauthority or any other jurisdiction without the express writtenconsent of the competent authority of the requested Party.
Article 15
Consultation and review
1. If any disagreement arises between the competent
authority of San Marino and one or more of the othercompetent authorities listed in Annex I as to the interpretationor application of this Agreement, they shall endeavour toresolve this by mutual agreement. They shall immediatelynotify the Commission of the European Communities and thecompetent authorities of the other Member States of the resultsof their consultations. In relation to issues of interpretation theCommission may take part in consultations at the request ofany of the competent authorities listed in Annex I.
2. The Contracting Parties shall consult each other at least
every three years or at the request of either Contracting Partywith a view to examining and, if deemed necessary by theContracting Parties, improving the technical functioning of theAgreement and assessing international developments. Theconsultations shall be held within one month of the requestor as soon as possible in urgent cases.
3. On the basis of such an assessment, the Contracting
Parties may consult each other in order to examine whetherchanges to the Agreement are necessary taking into accountinternational developments.
4. As soon as sufficient experience of the full implemen-
tation of this Agreement is available, the Contracting Partiesshall consult each other in order to examine whether changesto this Agreement are necessary taking into account interna-tional developments.
5. For the purposes of the consultations referred to in para-
graphs 1, 2 and 3, the Contracting Parties shall inform eachother of possible developments which could impact on theproper functioning of this Agreement. This shall also includeany relevant agreement between one of the Contracting Partiesand a third State.EN 28.12.2004 Official Journal of the European Union L 381/37
Article 16
Signing, entry into force and termination
1. This Agreement requires ratification or approval by the
Contracting Parties in accordance with their own procedures.The Contracting Parties shall notify each other of thecompletion of these procedures. The Agreement shall enterinto force on the first day of the second month following thelast notification.
2. Subject to the fulfilment of its constitutional requirements
concerning entering into international agreements and withoutprejudice to Article 17, San Marino shall effectively implementand apply this Agreement as from 1 July 2005 and notify theCommunity thereof.
3. This Agreement shall remain in force until terminated by
a Contracting Party.
4. Either Contracting Party may terminate this Agreement by
giving notice to the other. In such a case, the Agreement shallcease to have effect twelve months after the serving of notice.
Article 17
Application and suspension of application
1. The application of this Agreement shall be conditional on
the adoption and implementation by the dependent or asso-ciated territories of the Member States mentioned in thereport of the Council (Economic and Financial Affairs) to the
European Council of Santa Maria da Feira of 19 and 20 June
2000, as well as by the United States of America, the SwissConfederation, Andorra, Liechtenstein, and Monaco, respec-tively, of measures which conform with or are equivalent tothose contained in the Directive or in this Agreement.
2. The Contracting Parties shall decide, by common accord,
at least six months before the date referred to in Article 16(2),whether the condition set out in the above paragraph will bemet having regard to the dates of entry into force of therelevant measures in the third States and dependent or asso-ciated territories concerned. If the Contracting Parties do notdecide that the condition will be met, they shall, by commonaccord, adopt a new date for the purposes of Article 16(2).
3. The application of this Agreement or parts thereof may be
suspended by either Contracting Party with immediate effect
through notification to the other should the Directive or partof the Directive cease to be applicable either temporarily orpermanently in accordance with Community law or in theevent that a Member State should suspend the application ofits implementing legislation.
4. Either Contracting Party may suspend the application of
this Agreement through notification to the other in the eventthat one of the third States or territories referred to in
paragraph 1 should subsequently cease to apply the measuresreferred to in that paragraph. Suspension of application shalltake place no earlier than two months after notification. Appli-cation of this Agreement shall resume as soon as the measuresare reinstated.
Article 18
Claims and final settlement
1. Should this Agreement be terminated or its application be
suspended either in full or in part, the claims of individuals inaccordance with Article 10 shall remain unaffected.
2. San Marino will, in such case, establish a final account by
the end of the period of applicability of this Agreement andmake a final payment to the Member States.
Article 19
Territorial scope
This Agreement shall apply, on the one hand, to the territories
in which the Treaty establishing the European Community is
applied and under the conditions laid down in that Treaty and,
on the other hand, to the territory of San Marino.
Article 20
Annexes
1. The Annexes shall form an integral part of this
Agreement.
2. The list of competent authorities in Annex I may be
amended simply by notification of the other Contracting Partyby San Marino for the authority referred to in (a) therein, andby the Community for the other authorities.
The list of related entities in Annex II may be amended by
mutual agreement.
Article 21
Languages
1. This Agreement shall be drawn in duplicate in Czech,
Danish, Dutch, English, Estonian, Finnish, French, German,Greek, Hungarian, Italian, Latvian, Lithuanian, Polish,Portuguese, Slovak, Slovenian, Spanish and Swedish, each ofthese texts being equally authentic.
2. The Maltese language version shall be authenticated by the
Contracting Parties on the basis of an Exchange of Letters. Itshall also be authentic, in the same way as for the languageversions referred to in paragraph 1.EN L 381/38 Official Journal of the European Union 28.12.2004
EN FE DE LO CUAL , los plenipotenciarios abajo firmantes suscriben el presente Acuerdo.
NA D ŮKAZ ČEHO Žpřipojili ní že podepsaní zplnomocn ění zástupci k této smlouv ěsvé podpisy.
TIL BEKRÆFTELSE HERAF har undertegnede befuldmægtigede underskrevet denne aftale.
ZU URKUND DESSEN haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses
Abkommen gesetzt.
SELLE KINNITUSEKS on täievolilised esindajad käesolevale lepingule alla kirjutanud.
ΣΕ ΠΙΣΤΩΣΗ ΤΩΝ ΑΝΩΤΕΡΩ ,οι υπογράφοντες πληρεξούσιοι έθεσαν την υπογραφή τους κάτω από την παρούσα
συμφωνία .
IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.
EN FOI DE QUOI, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent accord.
IN FEDE DI CHE, i plenipotenziari sottoscritti hanno apposto la propria firma in calce al presente accordo.
TO APLIECINOT, attiec īgi pilnvarotas personas ir parakst ījušasšo nol īgumu.
TAI PALIUDYDAMI, šįSusitarim ąpasira šėtoliau nurodyti įgaliotieji atstovai.
FENTIEK HITELÉÜL e megállapodást az alulírott meghatalmazottak alább kézjegyükkel látták el.
B'XIEHDA TA' DAN, il-Plenipotenzjari hawn ta ħt iffirmati ffirmaw dan il-Ftehim.
TEN BLIJKE WAARVAN de ondergetekende gevolmachtigden hun handtekening onder deze overeenkomst
hebben geplaatst.
W DOWÓD CZEGO, niżej podpisani pe łnomocnicy z łożyli swoje podpisy.
EM FÉ DO QUE , os plenipotenciários abaixo assinados apuserem as suas assinaturas no final do presente
Acordo.
NA DÔKAZ ČOHO dolupodpísaní splnomocnení zástupcovia podpísali túto dohodu.
V POTRDITEV TEGA so spodaj podpisani poobla ščenci podpisali ta sporazum.
TÄMÄN VAKUUDEKSI allamainitut täysivaltaiset edustajat ovat allekirjoittaneet tämän sopimuksen.
TILL BEVIS HÄRPÅ har undertecknade befullmäktigade undertecknat detta avtal.
Hecho en Bruselas, el siete de diciembre del dos mil cuatro.
V Bruselu dne sedmého prosince dva tisíce čtyři.
Udfærdiget i Bruxelles den syvende december to tusind og fire.
Geschehen zu Brüssel am siebten Dezember zweitausendundvier.
Kahe tuhande neljanda aasta detsembrikuu seitsmendal päeval Brüsselis.Έγινε στις Βρυξέλλες ,στις εφτά Δεκεμβρίου δύο χιλιάδες τέσσερα .
Done at Brussels on the seventh day of December in the year two thousand and four.
Fait à Bruxelles, le sept décembre deux mille quatre.Fatto a Bruxelles, addì sette dicembre duemilaquattro.
Brisel ē, divi t ūksto ši ceturt āgada sept ītajādecembr ī.
Pasira šyta du t ūkstan čiai ketvirt ųmetųgruod žio septint ądien ąBriuselyje.
Kelt Brüsszelben, a kett őezer negyedik év december hetedik napján.
Mag ħmul fi Brussel fis-seba' jum ta' Di ċembru tas-sena elfejn u erbg ħa.
Gedaan te Brussel, de zevende december tweeduizendvier.Sporz ądzono w Brukseli dnia siódmego grudnia roku dwutysi ęcznego czwartego.
Feito em Bruxelas, em sete de Dezembro de dois mil e quatro.
V Bruseli siedmeho decembra dvetisíc štyri.
V Bruslju, dne sedmega decembra leta dva tiso čštiri.
Tehty Brysselissä seitsemäntenä päivänä joulukuuta vuonna kaksituhattaneljä.
Som skedde i Bryssel den sjunde december tjugohundrafyra.EN 28.12.2004 Official Journal of the European Union L 381/39
Por la Comunidad Europea
Za Evropské spole čenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimelΓια την Ευρωπαϊκή Κοινότητα
For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas v ārdā
Europos bendrijos vardu
az Európai Közösség részér ől
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spolo čenstvo
za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Per la Repubblica di San Marino
EN L 381/40 Official Journal of the European Union 28.12.2004
ANNEX I
LIST OF COMPETENT AUTHORITIES OF THE CONTRACTING PARTIES
The competent authorities for the purposes of this Agreement are:
(a) in the Republic of San Marino: Il Segretario di Stato per le Finanze e il Bilancio or an authorised representative;
(b) in the Kingdom of Belgium: De Minister van Financiën/Le Ministre des Finances or an authorised representative;(c) in the Czech Republic: Ministr financí or an authorised representative;
(d) in the Kingdom of Denmark: Skatteministeren or an authorised representative;
(e) in the Federal Republic of Germany: Der Bundesminister der Finanzen or an authorised representative;(f) in Republic of Estonia: Rahandusminister or an authorised representative;(g) in the Hellenic Republic: Ο Υπουργός Οικονομίας και Οικονομικών or an authorised representative;
(h) in the Kingdom of Spain: El Ministro de Economía y Hacienda or an authorised representative;
(i) in the French Republic: Le Ministre chargé du budget or an authorised representative;(j) in Ireland: The Revenue Commissioners or their authorised representative;
(k) in the Italian Republic: Il Capo del Dipartimento per le Politiche Fiscali or an authorised representative;
(l) in the Republic of Cyprus: Υπουργός Οικονομικών or an authorised representative;
(m) in the Republic of Latvia: Finan šu ministrs or an authorised representative;
(n) in the Republic of Lithuania: Finans ųministras or an authorised representative;
(o) in the Grand Duchy of Luxembourg: Le Ministre des Finances or an authorised representative; however for the
purposes of Article 13 the competent authority shall be ‘le Procureur Général d'Etat luxemburgeois ’;
(p) in the Republic of Hungary: A pénzügyminiszter or an authorised representative;
(q) in the Republic of Malta: Il-Ministru responsabbli g ħall-Finanzi or an authorised representative;
(r) in the Kingdom of the Netherlands: De Minister van Financiën or an authorised representative;
(s) in the Republic of Austria: Der Bundesminister für Finanzen or an authorised representative;
(t) in the Republic of Poland: Minister Finansów or an authorised representative;(u) in the Portuguese Republic: O Ministro das Finanças or an authorised representative;(v) in the Republic of Slovenia: Minister za finance or an authorised representative;
(w) in the Slovak Republic: Minister financií or an authorised representative;
(x) in the Republic of Finland: Valtiovarainministeriö/Finansministeriet or an authorised representative;(y) in the Kingdom of Sweden: Chefen för Finansdepartementet or an authorised representative;
(z) in the United Kingdom of Great Britain and Northern Ireland and in the European territories for whose external
relations the United Kingdom is responsible: the Commissioners of Inland Revenue or their authorised representativeand the competent authority in Gibraltar, which the United Kingdom will designate in accordance with the AgreedArrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties notified to
the Member States and institutions of the European Union of 19 April 2000, a copy of which shall be notified to the
Republic of San Marino by the Secretary-General of the Council of the European Union, and which shall apply to thisAgreement.EN 28.12.2004 Official Journal of the European Union L 381/41
ANNEX II
LIST OF RELATED ENTITIES
For the purposes of Article 11 of this Agreement, the following entities will be considered to be a ‘related entity acting as a
public authority or whose role is recognised by an international treaty ’:
ENTITIES WITHIN THE EUROPEAN UNION:
Belgium
—Vlaams Gewest (Flemish Region)'
—Région wallonne (Walloon Region)
—Région bruxelloise/Brussels Gewest (Brussels Region) Communauté française (French Community)
—Vlaamse Gemeenschap (Flemish Community)
—Deutschsprachige Gemeinschaft (German-speaking Community)
Spain
—Xunta de Galicia (Regional Executive of Galicia)
—Junta de Andalucía (Regional Executive of Andalusia)
—Junta de Extremadura (Regional Executive of Extremadura)
—Junta de Castilla-La Mancha (Regional Executive of Castilla-La Mancha)
—Junta de Castilla-León (Regional Executive of Castilla-León)
—Gobierno Foral de Navarra (Regional Government of Navarre)
—Govern de les Illes Balears (Government of the Balearic Islands)
—Generalitat de Catalunya (Autonomous Government of Catalonia)
—Generalitat de Valencia (Autonomous Government of Valencia)
—Diputación General de Aragón (Regional Council of Aragon)
—Gobierno de las Islas Canarias (Government of the Canary Islands)
—Gobierno de Murcia (Government of Murcia)
—Gobierno de Madrid (Government of Madrid)
—Gobierno de la Comunidad Autónoma del País Vasco/Euzkadi (Government of the Autonomous Community of the
Basque Country)
—Diputación Foral de Guipúzcoa (Regional Council of Guipúzcoa)
—Diputación Foral de Vizcaya/Bizkaia (Regional Council of Vizcaya)
—Diputación Foral de Alava (Regional Council of Alava)
—Ayuntamiento de Madrid (City Council of Madrid)
—Ayuntamiento de Barcelona (City Council of Barcelona)
—Cabildo Insular de Gran Canaria (Island Council of Gran Canaria)
—Cabildo Insular de Tenerife (Island Council of Tenerife)
—Instituto de Crédito Oficial (Public Credit Institution)EN L 381/42 Official Journal of the European Union 28.12.2004
—Instituto Catalán de Finanzas (Finance Institution of Catalonia)
—Instituto Valenciano de Finanzas (Finance Institution of Valencia)
Greece
—Оργανισμός Тηλεπικοινωνιών Ελλάδος (National Telecommunications Organisation)
—Оργανισμός Σιδηροδρόμων Ελλάδος (National Railways Organisation)
—ημόσια Επιχείρηση Ηλεκτρισμού (Public Electricity Company)
France
—La Caisse d'amortissement de la dette sociale (CADES)(Social Debt Redemption Fund)
—L'Agence française de développement (AFD)(French Development Agency)
—Réseau Ferré de France (RFF)(French Rail Network)
—Caisse Nationale des Autoroutes (CNA)(National Motorways Fund)
—Assistance publique Hôpitaux de Paris (APHP)(Paris Hospitals Public Assistance)
—Charbonnages de France (CDF)(French Coal Board)
—Entreprise minière et chimique (EMC)(Mining and Chemicals Company)
Italy
—Regions
—Provinces
—Municipalities
—Cassa Depositi e Prestiti (Deposits and Loans Fund)
Latvia—Pašvaldības (Local governments)
Poland
—gminy (communes)
—powiaty (districts)
—województwa (provinces)
—związki gmin (associations of communes)
—związki powiatów (association of districts)
—związki województw (association of provinces)
—miasto sto łeczne Warszawa (capital city of Warsaw)
—Agencja Restrukturyzacji i Modernizacji Rolnictwa (Agency for Restructuring and Modernisation of Agriculture)
—Agencja Nieruchomo ści Rolnych (Agricultural Property Agency)
Portugal—Região Autónoma da Madeira (Autonomous Region of Madeira)
—Região Autónoma dos Açores (Autonomous Region of Azores)
—MunicipalitiesEN 28.12.2004 Official Journal of the European Union L 381/43
Slovakia
—mestá a obce (municipalities)
—Železnice Slovenskej republiky (Slovak Railway Company)
—Štátny fond cestného hospodárstva (State Road Management Fund)
—Slovenské elektrárne (Slovak Power Plants)
—Vodohospodárska výstavba (Water Economy Building Company)
INTERNATIONAL ENTITIES:—European Bank for Reconstruction and Development
—European Investment Bank
—Asian Development Bank
—African Development Bank
—World Bank/IBRD/IMF
—International Finance Corporation
—Inter-American Development Bank
—Council of Europe Social Development Fund
—Euratom
—European Community
—Corporación Andina de Fomento (CAF) (Andean Development Corporation)
—Eurofima
—European Coal & Steel Community
—Nordic Investment Bank
—Caribbean Development Bank
The provisions of Article 11 are without prejudice to any international obligations that the Contracting Parties may have
entered into with respect to the abovementioned international entities.
ENTITIES IN THIRD COUNTRIES:
The entities that meet the following criteria:1. the entity is clearly considered to be a public entity according to the national criteria;2. such public entity is a non-market producer which administers and finances a group of activities, principally providing
non-market goods and services, intended for the benefit of the community and which are effectively controlled bygeneral government;
3. such public entity is a large and regular issuer of debt;
4. the State concerned is able to guarantee that such public entity will not exercise early redemption in the event of
gross-up clauses.EN L 381/44 Official Journal of the European Union 28.12.2004