2004/911/EC: Council Decision of 2 June 2004 on the signing and conclusion of the Agreement between the European Community and the Swiss Confederation 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 and the accompanying Memorandum of Understanding
Date: 2004-06-02
Institutions: Council of the European Union
Subjects: Switzerland, agreement (EU), interest, savings, tax on income, tax system

L 385/28

EN

Official Journal of the European Union

29.12.2004

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 2 June 2004

on the signing and conclusion of the Agreement between the European Community and the Swiss
to those laid down in Council Directive
Confederation providing for measures equivalent
2003/48/EC on taxation of savings income in the form of interest payments and the accompanying
Memorandum of Understanding

(2004/911/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty
establishing the European
Community, and in particular Article 94 in conjunction with
Article 300(2), first subparagraph (3), first subparagraph and (4)
thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

(4)

(5)

The Agreement and the Memorandum of Understanding
should be signed and approved on behalf of
the
Community.

It
is necessary to provide for a simple and rapid
procedure for possible adaptations of Annexes I and II
to the Agreement,

Whereas:

HAS DECIDED AS FOLLOWS:

(1)

(2)

(3)

On 16 October 2001,
the Council authorised the
Commission to negotiate with the Swiss Confederation
an appropriate agreement for securing the adoption by
the Swiss Confederation of measures equivalent to those
to be applied within the Community to ensure effective
taxation of savings income in the form of
interest
payments.

of

the

provisions

application

The
of Directive
2003/48/EC (2) depends on the application by the Swiss
Confederation of measures equivalent to those contained
in accordance with an Agreement
in that Directive,
entered into by the Swiss Confederation with the
Community.

The Community has decided to grant the request of the
Swiss Confederation for the inclusion in the Agreement
of measures equivalent to the regimes provided for in
Council Directive 90/435/EEC of 23 July 1990 on the
common system of taxation applicable in the case of
parent companies and subsidiaries of different Member
States (3) and in Council Directive 2003/49/EC of 3 June
2003 on a common system of taxation applicable to
interest and royalty payments made between associated
companies of different Member States (4) in their original
versions.

(1) Opinion delivered on 30 March 2004 (not yet published in the

Official Journal).

(2) OJ L 157, 26.6.2003, p. 38.
(3) OJ L 225, 20.8.1990, p. 6.
(4) OJ L 157, 26.6.2003, p. 49.

Article 1

The Agreement between the European Community and the
Swiss Confederation 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 and the
accompanying Memorandum of Understanding are hereby
approved on behalf of the European Community.

texts

accompanying
The
Memorandum of Understanding are attached to this Decision.

the Agreement

and

the

of

Article 2

The Commission is hereby authorised to approve, on behalf of
the Community, amendments to the Annexes to the Agreement
which ensure that
they correspond to the data relating to
competent authorities resulting from the notifications referred
to in Article 5(a) of Directive 2003/48/EC and to the data in the
Annex thereto.

Article 3

The President of the Council is hereby authorised to designate
the persons empowered to sign the Agreement, the accom-
panying Memorandum of Understanding and the Exchange of
Letters referred to in Article 22(2) of the Agreement and in the
Memorandum of Understanding on behalf of the Community.

29.12.2004

EN

Official Journal of the European Union

L 385/29

The President of the Council shall effect the notification provided for in Article 17(1) of the Agreement on
behalf of the Community (1).

Article 4

This Decision shall be published in the Official Journal of the European Union.

Article 5

Done at Luxembourg, 2 June 2004.

For the Council
The President

C. McCREEVY

(1) The date of entry into force of the Agreement will be published in
the Official Journal of the European Union by the General Secretariat of
the Council.