AGREEMENT
between the European Community and the Principality of Liechtenstein 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 ‘the Community ’,
andTHE PRINCIPALITY OF LIECHTENSTEIN, hereinafter referred to as ‘Liechtenstein ’,
both hereinafter referred to as ‘Contracting Party ’or‘Contracting Parties ’,
Reaffirming the common interest in further developing the privileged relationship between the Community and Liech-
tenstein,
HAVE AGREED AS FOLLOWS:
Article 1
Retention by Liechtenstein Paying Agents
1. Interest payments which are made to beneficial owners
within the meaning of Article 4 who are residents of aMember State of the European Union, hereinafter referred toas‘Member State ’, by a paying agent established on the territory
of Liechtenstein, shall, subject to Article 2, be subject to aretention from the amount of the interest payment. The rateof retention shall be 15 % during the first three years from thedate of application of this Agreement, 20 % for the subsequentthree years and 35 % thereafter.
2. Liechtenstein shall take the necessary measures to ensure
that the tasks required for the implementation of this
Agreement are carried out by paying agents established within
the territory of Liechtenstein and specifically provide forprovisions on procedures and penalties.
Article 2
Voluntary disclosure
1. Liechtenstein shall provide for a procedure which allows
the beneficial owner as defined in Article 4 to avoid theretention specified in Article 1 by expressly authorising hispaying agent in Liechtenstein to report the interest paymentsto the competent authority of that State. Such authorisationshall cover all interest payments made to the beneficial ownerby that 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 5;(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 the
interest, and
(d) the amount of the interest payment calculated in accordance
with Article 3.
3. The competent authority of Liechtenstein 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 6 months followingthe end of the tax year in Liechtenstein, for all interestpayments made during that year.
4. Where the beneficial owner opts for this voluntary
disclosure procedure or otherwise declares his interest income
obtained from a Liechtenstein paying agent to the tax autho-rities in his Member State of residence, the interest incomeconcerned shall be subject to taxation in that Member Stateat the same rates as those applied to similar income arisingin that State.
Article 3
Basis of assessment for retention
1. The paying agent shall withhold the retention in
accordance with Article 1(1) as follows:
(a) in the case of an interest payment within the meaning of
Article 7(1)(a): on the gross amount of interest paid orcredited;EN L 379/84 Official Journal of the European Union 24.12.2004
(b) in the case of an interest payment within the meaning of
Article 7(1)(b) or (d): on the amount of interest or revenuereferred to in those subparagraphs;
(c) in the case of an interest payment within the meaning of
Article 7(1)(c): on the amount of interest referred to in thatsubparagraph.
2. For the purposes of paragraph 1, the retention shall be
deducted on a pro rata basis for the period during which thebeneficial owner holds a debt-claim. If the paying agent isunable to determine the period on the basis of the informationmade available to him, the paying agent shall consider thebeneficial owner to have been in possession of the debt-claimfor the entire period of its existence, unless the latter providesevidence of the date of acquisition.
3. Taxes and retentions other than the retention provided for
in this Agreement on the same payment of interest shall becredited against the amount of the retention calculated inaccordance with this Article. This shall, in particular, includethe Liechtenstein Couponsteuer at a rate of 4 %.
Article 4
Definition of beneficial owner
1. For the purposes of this Agreement ‘beneficial owner ’shall
mean any individual who receives an interest payment or anyindividual for whom an interest payment is secured, unless suchindividual can provide evidence that the interest payment wasnot received or secured for his or her own benefit. An indi-vidual is not deemed to be the beneficial owner when he or she:
(a) acts as a paying agent within the meaning of Article 6 or(b) acts on behalf of a legal person, an investment fund or a
comparable or equivalent body for common investments insecurities or
(c) acts on behalf of another individual who is the beneficial
owner and who discloses to the paying agent his or her
identity and State of residence.
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,that agent shall take reasonable steps to establish the identity ofthe beneficial owner. If the paying agent is unable to identifythe beneficial owner, that agent shall treat the individual inquestion as the beneficial owner.Article 5
Identity and residence of beneficial owners
In order to establish the identity and residence of the beneficial
owner as defined in Article 4, the paying agent shall keep arecord of the name, first name, address and residence details inaccordance with the Liechtenstein legal provisions againstmoney laundering. For contractual relations entered into, ortransactions carried out in the absence of contractualrelations, on or after 1 January 2004, for individuals presenting
a passport or official identity card issued by a Member State
who declare themselves to be resident in a State other than aMember State or Liechtenstein, residence shall be established bymeans of a tax residence certificate issued by the competentauthority of the State in which the individual claims to beresident. Failing the presentation of such a certificate, theMember State which issued the passport or other officialidentity document shall be considered the State of residence.
Article 6
Definition of paying agent
For the purposes of this Agreement, ‘paying agent ’in Liech-
tenstein shall mean banks under Liechtenstein banking law,securities dealers, natural and legal persons resident or estab-lished in Liechtenstein including economic operators regulatedby the Liechtenstein Persons- and Companies Act (Personen-und Gesellschaftsrecht), partnerships and permanent estab-lishments of foreign companies, which even occasionallyaccept, hold, invest or transfer assets of third parties ormerely pay interest or secure the payment of interest in thecourse of their business.
Article 7
Definition of Interest Payment
1. For the purposes of this Agreement ‘interest payment ’
shall mean:
(a) interest paid, or credited to an account, relating to debt-
claims of every kind including interest paid on fiduciarydeposits by Liechtenstein paying agents for the benefit ofbeneficial owners as defined in Article 4, whether or notsecured by mortgage and whether or not carrying a right toparticipate in the debtor's profits, and in particular, incomefrom government securities and income from bonds ordebentures, including premiums and prizes attaching tosuch securities, bonds or debentures, but excluding interestfrom loans between private individuals not acting in thecourse of their business. Penalty charges for late paymentshall not be regarded as interest payments;
(b) interest accrued or capitalised at the sale, refund or
redemption of the debt-claims referred to in (a);EN 24.12.2004 Official Journal of the European Union L 379/85
(c) income deriving from interest payments either directly or
through an entity referred to in Article 4(2) of CouncilDirective 2003/48/EC of 3 June 2003 on taxation ofsavings income in the form of interest payments, hereinafterreferred to as the ‘Directive ’, distributed by
(i) undertakings for collective investment domiciled in a
Member State or in Liechtenstein,
(ii) entities domiciled in a Member State, which exercise
the option under Article 4(3) of the Directive andwhich inform the paying agent of this fact,
(iii) undertakings for collective investment established
outside the territory of the Contracting Parties,
(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 domiciled in a
Member State or in Liechtenstein,
(ii) entities domiciled in a Member State, which exercise the
option under Article 4(3) of the Directive and whichinform the paying agent of this fact,
(iii) undertakings for collective investment established
outside the territory of the Contracting Parties.
2. As regards subparagraph 1(c), when a paying agent has no
information concerning the proportion of the income whichderives from interest payments, the total amount of theincome shall be considered an interest payment.
3. As regards subparagraph 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 subpar-agraph, that percentage shall be considered to be above 40 %.Where that agent cannot determine the amount of incomerealised by the beneficial owner, the income shall be deemedto correspond to the proceeds of the sale, refund or redemptionof the shares or units.
4. Income relating to undertakings or entities which have
invested up to 15 % of their assets in debt-claims within themeaning of subparagraph 1(a) shall not be considered aninterest payment in accordance with subparagraph 1(c) and (d).5. The percentage referred to in subparagraph 1(d) and
paragraph 3 shall, as from 1 January 2011, be 25 %.
6. The percentages referred to in subparagraph 1(d) and
paragraph 4 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, failingsuch rules, by reference to the actual composition of the assetsof the undertakings or entities concerned.
Article 8
Revenue sharing
1. Liechtenstein shall keep 25 % of the revenue generated by
the retention under this Agreement and transfer 75 % of the
revenue to the Member State of residence of the beneficial
owner.
2. Such transfers shall take place for each year in one
instalment per Member State at the latest within a period of6 months following the end of the tax year in Liechtenstein.
Article 9
Elimination of double taxation
1. If interest received by a beneficial owner has been subject
to retention by a paying agent in Liechtenstein, the MemberState of residence for tax purposes of the beneficial ownershall grant him a tax credit equal to the amount of theretention. Where this amount exceeds the amount of tax dueon the total amount of interest subject to retention inaccordance with its national law, the Member State ofresidence for tax purposes shall repay the excess amount oftax withheld to the beneficial owner.
2. If interest received by a beneficial owner has been subject
to taxes and retentions other than as provided for in thisAgreement and the Member State of residence for taxpurposes grants a tax credit for such taxes and retentions inaccordance with its national law or double taxation
conventions, such other taxes and retentions shall be credited
before the procedure in paragraph 1 is applied. The MemberState of residence for tax purposes shall accept certificates issuedby Liechtenstein paying agents as proper evidence of the tax orretention on the understanding that the competent authority ofthe Member State of residence for tax purposes will be able toobtain from the Liechtenstein competent authority verificationof the information contained in the certificates issued by Liech-tenstein paying agents.EN L 379/86 Official Journal of the European Union 24.12.2004
3. The Member State of residence for tax purposes of the
beneficial owner may replace the tax credit mechanism referredto in paragraphs 1 and 2 by a refund of the retention referredto in Article 1.
Article 10
Exchange of information
1. The competent authorities of Liechtenstein and 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 ’includes
only offences with the same level of wrongfulness as is the casefor tax fraud under the laws of the requested State. In responseto a duly justified request, the requested State shall provide inaccordance with its procedural laws information with respect tomatters that the requesting State is investigating, or may inves-tigate, on a civil or criminal basis. Any information received byLiechtenstein or a Member State shall be treated as secret in thesame manner as information obtained under the domestic lawsof that State and shall be disclosed only to persons or autho-rities (including courts and administrative bodies) concerned
with assessment or collection of, the enforcement or prose-
cution in respect of, or the determination of appeals inrelation to taxes on income covered by the Agreement. Suchpersons or authorities shall use the information only for suchpurposes. They may disclose the information in public courtproceedings or in judicial decisions.
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 Stateinstead of the statute of limitations of the requested 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 ’s
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 bank
account information;
(b) Testimonial information from the taxpayer;(c) Information obtained from an informant or other third
person that has been independently corroborated or
otherwise is likely to be credible; or
(d) Circumstantial evidence.4. If requested by a Member State, Liechtenstein shall enter
into bilateral negotiations with that State in order to defineindividual categories of cases falling under ‘the like ’in
accordance with the procedure of taxation applied by that State.
Article 11
Competent Authorities
For the purposes of this Agreement the competent authorities
shall mean those authorities listed in Annex I.
Article 12
Consultation
If any disagreement arises between the competent authority of
Liechtenstein and one or more of the other competent autho-rities referred to in Article 11 as to the interpretation or appli-cation of this Agreement, they shall endeavour to resolve thisby mutual agreement. They shall immediately notify theCommission of the European Communities and thecompetent authorities of the other Member States of theresults of their consultations. In relation to issues of interpre-tation the Commission may take part in consultations at the
request of any of the competent authorities.
Article 13
Review
1. The Contracting Parties shall consult each other at least
every three years or at the request of either Contracting Party
with a view to examining and –if deemed necessary by the
Contracting Parties –improving the technical functioning of this
Agreement and assessing international developments. Theconsultations shall be held within one month of the requestor as soon as possible in urgent cases.
2. On the basis of such an assessment, the Contracting
Parties may consult each other in order to examine whetherchanges to this Agreement are necessary taking into accountinternational developments.
3. As soon as sufficient experience of the full implemen-
tation of Article 1(1) is available, the Contracting Parties shallconsult each other in order to examine whether changes to thisAgreement are necessary taking into account internationaldevelopments.
4. For the purposes of the consultations referred to in para-
graphs 1, 2 and 3 each Contracting Party shall inform the otherContracting Party of possible developments which could affectthe proper functioning of this Agreement. This shall alsoinclude any relevant agreement between one of the ContractingParties and a third State.EN 24.12.2004 Official Journal of the European Union L 379/87
Article 14
Relationship to bilateral Double Taxation Conventions
The provisions of the double taxation conventions between
Liechtenstein and the Member States shall not prevent thelevying of the retention for which this Agreement provides.
Article 15
Transitional provisions for negotiable debt securities (
1)
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 thecompetent authorities of the issuing State shall not beconsidered as debt-claims within the meaning of Article7(1)(a), provided that no further issues of such negotiabledebt securities are made on or after 1 March 2002.
However, for as long as at least one Member State also applies
similar provisions, the provisions of this Article shall continueto apply beyond 31 December 2010 in respect of such nego-tiable debt securities:
—which contain gross-up and early redemption clauses, and
—where the paying agent, as defined in Article 6, is estab-
lished in Liechtenstein, 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 similar provisions,
the provisions of this Article shall continue to apply only inrespect of those negotiable securities:
—which contain gross-up and early redemption clauses, and
—where the issuer's paying agent is established in Liech-
tenstein, 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 or
whose 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 Article7(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 ofArticle 7(1)(a).
2. This Article shall not prevent Liechtenstein and the
Member States from continuing to levy a tax on revenuesderiving from the aforementioned negotiable debt-claims
referred to in paragraph 1 in accordance with their national law.
Article 16
Signing, Entry into force and Duration of Validity
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 the constitutional
requirements of Liechtenstein and the requirements ofCommunity law concerning entering into internationalagreements and without prejudice to Article 17, Liechtensteinand where applicable the Community shall effectivelyimplement and apply this Agreement by 1 July 2005 and
notify each other 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.EN L 379/88 Official Journal of the European Union 24.12.2004
(1) As in the Directive, these transitional provisions also apply to nego-
tiable debt securities held through investment funds.
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 theEuropean Council of Santa Maria da Feira of 19 and 20 June2000, as well as by the United States of America, Switzerland,Andorra, Monaco and San Marino, respectively, of measures
which conform with or are equivalent to those contained in
the Directive or in this Agreement and providing for thesame dates of implementation.
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 paragraph 1 will be met
having regard to the dates of entry into force of the relevant
measures in the third States and dependent or associated terri-tories concerned. If the Contracting Parties do not decide thatthe condition will be met, they shall, by common accord, adopta 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 effectthrough 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 inparagraph 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 9 shall remain unaffected.2. Liechtenstein shall, 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 isapplied and under the conditions laid down in that Treaty and,on the other hand, to the territory of Liechtenstein.
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 Liechtenstein 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 up 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 languagesreferred to in paragraph 1.EN 24.12.2004 Official Journal of the European Union L 379/89
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, ni żej 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.Eγινε 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 ųjųmetųgruod 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 L 379/90 Official Journal of the European Union 24.12.2004
Por la Comunidad Europea
Za Evropské spole čenství
For Det Europæiske FællesskabFür die Europäische GemeinschaftEuroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα
For the European CommunityPour la Communauté européennePer la Comunità europeaEiropas Kopienas v ārdā
Europos bendrijos varduaz Európai Közösség részér ől
Għall-Komunità Ewropea
Voor de Europese GemeenschapW imieniu Wspólnoty EuropejskiejPela Comunidade EuropeiaZa Európske spolo čenstvo
za Evropsko skupnostEuroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Für das Fürstentum Liechtenstein
EN 24.12.2004 Official Journal of the European Union L 379/91
ANNEX I
LIST OF COMPETENT AUTHORITIES OF THE CONTRACTING PARTIES
The ‘competent authorities ’for the purposes of this Agreement are:
(a) in the Principality of Liechtenstein: Die Regierung des Fürstentums Liechtenstein 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 the 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 10 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
Liechtenstein by the Secretary-General of the Council of the European Union, and which shall apply to thisAgreement.EN L 379/92 Official Journal of the European Union 24.12.2004
ANNEX II
LIST OF RELATED ENTITIES
For the purposes of Article 15 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)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)
Δημόσια Επιχείρηση Ηλεκτρισμού (Public Electricity Company)EN 24.12.2004 Official Journal of the European Union L 379/93
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
ProvincesMunicipalities
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 (associations of districts)
związki województw (associations 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)
Municipalities
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 BankAfrican Development Bank
World Bank/IBRD/IMFEN L 379/94 Official Journal of the European Union 24.12.2004
International Finance Corporation
Inter-American Development BankCouncil of Europe Social Development Fund
EURATOM
European CommunityCorporación Andina de Fomento (CAF) (Andean Development Corporation)EurofimaEuropean Coal & Steel CommunityNordic Investment BankCaribbean Development BankThe provisions of Article 15 are without prejudice to any international obligations that the Contracting Parties may have
entered into with respect to the above mentioned 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 by
general 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 24.12.2004 Official Journal of the European Union L 379/95