Agreement between the European Community and the Principality of Andorra 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 - Memorandum of Understanding
Date: 2004-11-15
Institutions: Andorra, European Community
Subjects: Andorra, European tax cooperation, agreement (EU), exchange of information, interest, savings, tax on investment income

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between the European Community and the Principality of Andorra 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

AGREEMENT

THE EUROPEAN COMMUNITY,

and

THE PRINCIPALITY OF ANDORRA,
hereinafter referred to as ‘Contracting Party’ or ‘Contracting Parties’ as the context may require,

With a view to introducing measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 on
taxation of savings income in the form of interest payments, hereinafter referred to as ‘the Directive’, within a framework
of cooperation which takes account of the legitimate interests of both Contracting Parties and in a context where other
third countries in a situation similar to that of the Principality of Andorra will also be applying measures equivalent to the
Directive,

HAVE AGREED AS FOLLOWS:

Article 1

Aim

1. Within a framework of cooperation between the European
Community and the Principality of Andorra savings income in
the form of
interest payments made in the Principality of
Andorra to beneficial owners who are individuals identified as
residents of a Member State of the European Community in
accordance with the procedures laid down in Article 3 shall
be subject to a withholding tax to be levied by paying agents
established on the territory of the Principality of Andorra under
the conditions laid down in Article 7.

This withholding tax shall be levied unless the voluntary
disclosure measures are applied in accordance with the rules
in Article 9. The income corresponding to the
set out
amount of withholding tax levied in accordance with Articles
7 and 9 shall be shared between the Member States of the
European Community
Principality of Andorra
according to the rules set out in Article 8.

and

the

Article 2

Definition of beneficial owner

For the purposes of this Agreement,

‘beneficial owner’
1.
means any individual who receives an interest payment or
any individual
is secured,
unless he provides proof
this payment has not been
made or secured on his own account, where:

for whom an interest payment

that

(a) he acts as a paying agent within the meaning of Article 4;

or

(b) he acts on behalf of a legal person, an entity whose profits
are taxed under
the general arrangements for business
taxation, an undertaking for collective investment in trans-
ferable securities established in a Member State of
the
European Community or in the Principality of Andorra; or

To ensure that this Agreement is equivalent to the Directive,
these measures shall be supplemented by rules on the exchange
of information on request set out in Article 12 and by the
consultation and review procedures described in Article 13.

(c) he acts on behalf of another individual who is the beneficial
owner and informs the paying agent of the identity of this
beneficial owner in accordance with Article 3(1).

2.
The Contracting Parties shall take the necessary measures
to implement this Agreement. The Principality of Andorra shall
in particular take the necessary measures to ensure the tasks
required to implement this Agreement are carried out,
irre-
spective of the place of establishment of the debtor of the
debt claim which produces the interest, by the paying agents
established on its territory, and shall expressly provide for
provisions on procedures and penalties.

2. Where a paying agent possesses information suggesting
the individual receiving an interest payment or for whom an
interest payment is secured may not be the beneficial owner, it
must take reasonable measures to establish the identity of the
beneficial owner in accordance with Article 3(1). If the paying
agent is not able to identify the beneficial owner, it shall treat
the individual in question as the beneficial owner.

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Article 3

Identity and residence of beneficial owners

1.
The paying agent shall establish the identity of the bene-
ficial owner in the form of his name, forename and address
according to the anti-money-laundering provisions applying in
the Principality of Andorra.

2.
The paying agent shall establish the residence of the bene-
ficial owner on the basis of rules which may vary according to
the time at which the relations between the paying agent and
the beneficial owner of the interest are entered into. Subject to
the conditions set out below residence shall be considered to be
in the country where the beneficial owner has his permanent
address:

(a)

for contractual relations entered into before 1 January 2004,
the paying agent shall establish the residence of the bene-
ficial owner
anti-money-laundering
provisions applying in the Principality of Andorra;

according

to the

identity document or,

the beneficial owner on the basis of

(b) for contractual relations entered into, or transactions carried
out in the absence of contractual relations, on or after 1
January 2004, the paying agent shall establish the residence
the address
of
mentioned in the official
if
necessary, on the basis of
any documentary proof
presented by the beneficial owner and according to the
following procedure: for individuals presenting an official
identity document
the
European Community who declare that they are resident
in a State which is not a Member of
the European
Community, residence shall be established by means of a
residence certificate or a document authorising residence
issued by the competent authority of that third country in
which the individual declares he is resident. If such a certi-
ficate of
residence or document authorising residence
cannot be provided, residence shall be considered to be in
the Member State of the European Community which issued
the official identity document.

issued by a Member State of

Article 4

Definition of paying agent

‘paying agent’ means any
For the purposes of this Agreement,
economic operator established in the Principality of Andorra
who pays interest to, or secures the payment of interest for
the immediate benefit of, the beneficial owner, whether the
operator is the debtor of the debt claim which produces the
interest or the operator charged by the debtor or the beneficial
owner with paying interest or securing payment of the interest.

Article 5

Definition of competent authority

third countries,

the competent authority is
the purposes of bilateral or multilateral

For
2.
defined for
conventions or,
authority as
competent to issue certificates of residence for tax purposes.

failing that,

such other

that
tax
is

Article 6

Definition of interest payment

For the purposes of this Agreement,

1.
means:

‘interest payment’

(a)

interest paid or credited to an account relating to debt
claims of any kind, whether or not secured by mortgage
and 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, including
premiums and prizes attaching to such securities, bonds or
debentures; penalty charges for late payment shall not be
regarded as interest payments;

(b) interest accrued or capitalised on 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 established in a
Member State of the European Community or in the
Principality of Andorra;

(ii) entities which qualify for the option under Article 4(3)

of the Directive;

(iii) undertakings

for

collective

investment

established

outside the territory referred to in Article 17;

(d) income realised on the sale, refund or redemption of shares
or units in the following undertakings and entities, if they
invest directly or
for
collective investment or entities referred to below, more
than 40 % of their assets in debt claims as referred to in (a):

indirectly via other undertakings

(i) undertakings for collective investment established in a
Member State of the European Community or in the
Principality of Andorra;

For the purposes of this Agreement the ‘competent autho-
1.
rities’ of the Contracting Parties means those listed in Annex I.

(ii) entities which qualify for the option under Article 4(3)

of the Directive;

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(iii) undertakings

for

collective

investment

established

outside the territory referred to in Article 17.

first three years of application of this Agreement, 20 % in the
subsequent three years and 35 % thereafter.

However, the Principality of Andorra shall have the option of
including income mentioned under (d)
in the definition of
interest payment only to the extent that such income corre-
sponds to gains directly or indirectly deriving from interest
payments within the meaning of (a) and (b).

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;

As regards paragraph 1(c) and (d), when a paying agent
2.
the
possesses no information concerning the proportion of
income which derives
total
amount of the income shall be considered to be an interest
payment.

from interest payments,

the

3.
As regards paragraph 1(d), when a paying agent possesses
no information concerning the percentage of the assets invested
in debt claims or in shares or units defined in that paragraph,
that percentage shall be considered to be more than 40 %.
Where it cannot determine the amount of income realised by
the beneficial owner, the income shall be deemed to correspond
to the proceeds of the sale, refund or redemption of the shares
or units.

As regards paragraph 1(b) and (d),

4.
the Principality of
Andorra shall have the option of requiring paying agents in
its territory to annualise the interest over a period of time
which may not exceed one year, and treating such annualised
interest as an interest payment even if no sale, redemption or
refund occurs during this period.

5.
Income derived from undertakings or entities that have
invested up to 15 % of their assets in debt-claims within the
meaning of paragraph 1(a) are not considered as a payment of
interest within the meaning of paragraph 1(c) and (d).

From 1 January 2011,

6.
paragraph 1(d) and paragraph 3 shall be 25 %.

the percentage referred to in

(b) in the case of an interest payment within the meaning of
Article 6(1)(b) or (d): on the amount of interest or income
referred to in those paragraphs or by means of a levy of
equivalent effect to be borne by the recipient on the full
amount of the proceeds 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 that
paragraph;

(d) where the Principality of Andorra exercises the option under

Article 6(4): on the amount of annualised interest.

For the purposes of points (a) and (b) of paragraph 2,
3.
withholding tax shall be 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
it shall treat the
beneficial owner as having held the debt claim throughout its
period of existence unless he provides evidence of the date of
acquisition.

information in its possession,

than the withholding tax provided for under

Tax imposed on and tax withheld on an interest payment
4.
this
other
Agreement
shall be deducted from the withholding tax
calculated in accordance with paragraphs 1 to 3 on the same
interest payment.

The percentages

referred to in paragraph 1(d) and
7.
paragraph 5 shall be determined by reference to the investment
policy laid down in the fund rules or instruments of incor-
poration of the undertakings or entities concerned and failing
that, by reference to the actual composition of the assets of the
undertakings or entities concerned.

Subject to the provisions of Article 10, the levying of
5.
withholding tax by a paying agent established in the Principality
the
of Andorra shall not preclude the Member State of
European Community of residence for tax purposes of
the
beneficial owner from taxing the income in accordance with
its national law.

Article 7

Withholding tax

1. Where the beneficial owner of the interest is resident in a
Member State of the European Community, the Principality of
Andorra shall levy a withholding tax at a rate of 15 % in the

Where a taxpayer declares income from interest paid by a
paying agent established in the Principality of Andorra to the
tax authorities of
the European
Community where he resides, this income shall be taxed at
the same rate as that applying to interest earned in this
Member State.

the Member State of

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Article 8

Revenue sharing

The Principality of Andorra shall

1.
its
revenue from the withholding tax referred to in Article 7 and
transfer 75 % to the Member State of the European Community
of residence of the beneficial owner.

retain 25 % of

2.
Such transfers shall take place in one single operation for
each Member State for each calendar year at the latest within a
period of six months following the end of the calendar year in
which the tax was levied.

The Principality of Andorra shall take the necessary measures to
ensure the proper functioning of the revenue-sharing system.

Article 9

Voluntary disclosure

The Principality of Andorra shall provide for a procedure
1.
allowing beneficial owners not
to bear the withholding tax
referred to Article 7 where the beneficial owner provides his
paying agent with a certificate drawn up in his name by the
competent authority of his Member State of
residence in
accordance with paragraph 2 of this Article.

2.
At the request of the beneficial owner, the competent
authority of his Member State of residence shall issue a certi-
ficate containing the following information:

(a)

the name, forename, address and tax identification number
or, failing such, the date and place of birth of the beneficial
owner;

(b) the name and address of the paying agent;

(c)

the account number of the beneficial owner or, where there
is none, the identification of the security.

This certificate shall be valid for a period not exceeding three
years. It shall be issued to any beneficial owner who requests it
within two months of the date of submission of the request.

Article 10

Elimination of double taxation

The Member State of

1.
the European Community of
residence for tax purposes of the beneficial owner shall ensure
the elimination of any double taxation which might result from
the imposition of the withholding tax referred to in Article 7, in
accordance with paragraphs 2 and 3 of this Article.

If interest received by a beneficial owner has been subject
2.
to the withholding tax referred to in Article 7 in the Principality
of Andorra, the Member State of the European Community of
residence for tax purposes of the beneficial owner shall grant
him, in accordance with its national law, a tax credit equal to
the amount of tax withheld. Where this amount exceeds the
amount of tax due in accordance with its national law on the
total amount of interest subject to withholding tax, the Member
State of residence for tax purposes shall repay the excess
amount of tax withheld to the beneficial owner.

If, in addition to the withholding tax referred to in Article
3.
7, interest received by a beneficial owner has been subject to
any other type of withholding tax and the Member State of the
European Community of residence for tax purposes grants a tax
credit for such withholding tax in accordance with its national
law or double taxation conventions, such other withholding tax
shall be credited before the procedure in paragraph 2 is applied.

tax purposes of

The Member State of

the European Community of
4.
residence for
the beneficial owner may
replace the tax credit mechanism referred to in paragraphs 2
and 3 by a refund of the withholding tax referred to in Article
7.

Article 11

Negotiable debt securities

1.
From the date of application of this Agreement and as
long as the Principality of Andorra imposes the withholding tax
referred to in Article 7, and at least one Member State of the
European Community applies a similar withholding tax, but
until 31 December 2010 at the latest, domestic and interna-
tional bonds and other negotiable debt securities which were
first issued before 1 March 2001 or for which the original
issuing prospectuses were approved before that date by the
competent authorities within the meaning of Council Directive
80/390/EEC, or by the responsible authorities in the Principality
of Andorra, or by the responsible authorities in third countries
shall not be considered to be debt claims within the meaning of
Article 6(1)(a), provided that no further issues of such nego-
tiable debt securities are made after 1 March 2002.

2.
However, as long as at least one of the Member States of
the European Community also applies similar measures, the
provisions of this Article shall continue to apply beyond 31
December 2010 in respect of negotiable debt securities:

— which contain gross-up and early redemption clauses, and

— where the paying agent defined in Article 4 is established in

the Principality of Andorra, and

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— where the paying agent pays interest

to, or secures the
payment of interest for the immediate benefit of, a beneficial
owner
the European
in a Member State of
Community.

resident

If and where all Member States of the European Community
cease to apply similar provisions, the provisions of this Article
shall continue to apply solely in respect of negotiable debt
securities:

— which contain gross-up and early redemption clauses, and

— where the paying agent of the issuer is established in the

Principality of Andorra, and

— where that paying agent pays interest to, or secures the
payment of interest for the immediate benefit of, a beneficial
owner
the European
in a Member State of
Community.

resident

debt

negotiable

If a further issue is made on or after 1 March 2002 of an
abovementioned
a
government or a related entity acting as a public authority or
whose role is recognised by an international Treaty, the entire
issue of such security, consisting of the original issue and any
further issue, shall be considered a debt claim within the
meaning of Article 6(1)(a).

security

issued

by

If a further issue is made on or after 1 March 2002 of an
abovementioned negotiable debt security issued by any other
issuer not covered by the preceding subparagraph, such further
issue shall be considered a debt claim within the meaning of
Article 6(1)(a).

3.
the
This Article shall not prevent Member States of
European Community and the Principality of Andorra from
taxing the income from the negotiable debt securities referred
to in paragraph 1 in accordance with their national laws.

Article 12

Exchange of information on request

The competent authorities of the Principality of Andorra
1.
and the Member States of
the European Community shall
exchange information concerning the income covered by this
Agreement on conduct constituting a crime of tax fraud under
the laws of the requested State or the like. The like includes
only an offence with the same level of wrongfulness as conduct
constituting a crime of tax fraud under the laws of the requested
State.

Until it introduces the concept of the crime of tax fraud in its
internal law, the Principality of Andorra shall undertake, where
it is the requested State, to treat as tax fraud for the purposes of
the first subparagraph, conduct which, as a result of deception,
interests of the tax authorities of the
damages the financial
requesting State and constitutes under the laws of the Princi-
pality of Andorra the crime of fraud.

In response to a duly justified request, the requested State shall
provide information concerning matters mentioned above in
this Article which are subject to, or likely to be subject to, an
investigation by the requesting State on a non-criminal or
criminal basis.

In order

to determine whether

2.
information may be
provided in response to a request, the requested State shall
apply the statute of limitations under the law of the requesting
State instead of the statute of limitations applicable under the
law of the requested State.

The requested State shall provide information where the
3.
requesting State has reasonable grounds for suspecting that such
conduct constitutes the crime of tax fraud or the like. Where
the Principality of Andorra is the requested State, the accept-
ability of the request must be determined within a time limit of
two months, by the judicial authorities of the Principality of
Andorra in relation to the conditions laid down in this Article.

The requesting State's grounds for suspecting that an

4.
offence may have been committed may be based on:

(a) documents, whether authenticated or not, including books
of accounts or accounting documents or documents relating
to bank accounts;

(b) statements by the taxpayer;

(c)

information obtained from an informant or third person
that has been independently corroborated or otherwise
appears credible; or

(d) circumstantial indirect evidence.

Any information exchanged in this way shall be treated as
5.
confidential and may be disclosed only to persons or the
competent authorities of the Contracting Party with competence
for taxation of the interest payments referred to in Article 1,
either as regards withholding tax, and the revenue deriving
therefrom referred to in Articles 7 and 8, or as regards the
voluntary disclosure arrangements referred to in Article 9.
Those persons or authorities may disclose the information
received in public court proceedings or in judicial decisions
concerning such taxation.

Information may be communicated to another person or
authority only with the written and prior agreement of the
competent authority of the party providing the information.

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into
The Principality of Andorra will agree to enter
6.
bilateral negotiations with any Member State wishing to do
so, in order to define the individual categories of cases falling
under ‘the like’
in accordance with the procedure applied by
that State.

Council of Santa Maria de Feira of 19 and 20 June 2000, and
by the United States of America, Monaco, Liechtenstein, Swit-
zerland and San Marino of measures which are respectively
identical or equivalent to those laid down in the Directive or
in this Agreement and providing for the same dates of imple-
mentation.

Article 13

Consultation and 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 they consider it necessary
— improving the technical functioning of this Agreement and
assessing international developments. Consultations shall be
held within one month of the request or as soon as possible
in urgent cases.

On the basis of such an assessment, the Contracting Parties may
consult each other in order to examine whether changes to the
international devel-
Agreement are necessary in the light of
opments.

Once they have acquired sufficient experience of the full
2.
the
implementation of Article 7(1) of
Contracting Parties
to
examine whether changes to this Agreement are necessary in
the light of international developments.

shall consult each other

the Agreement,

in order

3.
For the purposes of the consultations referred to in para-
graphs 1 and 2, the Contracting Parties shall inform each other
of any developments which could affect the proper functioning
of
shall also include any relevant
agreement between one of the Contracting Parties and a third
country.

this Agreement. This

4.
In the event of disagreement between the competent
authorities of the Principality of Andorra and one or more of
the other competent authorities of the Member States of the
this
European Community in accordance with Article 5 of
Agreement on the
the
application of
interpretation or
Agreement, they shall endeavour to resolve their differences
amicably. They shall
immediately notify the Commission of
the European Communities and the competent authorities of
the other Member States of the European Community of the
results of their consultations. The Commission of the European
Communities may take part in the consultations at the request
of any of the competent authority on issues of interpretation.

Article 14

Application

Application of

this Agreement

1.
is conditional on the
adoption and implementation by the dependent or associated
territories of Member States mentioned in the report from the
to the European
Council

(Economic and Financial Affairs)

The Contracting Parties shall decide by mutual consent, at
2.
least six months before the date referred to in paragraph 6,
whether the condition set out in paragraph 1 is satisfied as
regards the dates of entry into force of the relevant measures
in third countries and the dependent or associated territories
concerned. If the Contracting Parties do not decide that this
condition is met, they shall fix by mutual consent a new date
for the purposes of paragraph 6.

3.
Notwithstanding its institutional arrangements, the Princi-
pality of Andorra shall implement this Agreement from the date
referred to in paragraph 6 and shall notify it to the European
Community.

4.
Implementation of this Agreement or parts thereof may
be suspended by either Contracting Party with immediate effect
by means of notification addressed to the other party where the
Directive or a part
thereof ceases to be applicable either
temporarily or permanently in accordance with European
Community law, or where one of the Member States of the
European Community suspends the application of its imple-
menting legislation.

Each Contracting Party may also suspend implementation
5.
of this Agreement by notifying the other if one of the five third
countries referred to above (United States of America, Monaco,
Liechtenstein, Switzerland or San Marino) or one of
the
dependent or associated territories of the Member States of
the European Community referred to in paragraph 1 subse-
quently cease applying measures identical or equivalent
to
those of the directive. Suspension of implementation shall not
come into effect until
two months after notification. The
Agreement shall begin applying again once measures have
been reincorporated.

The Contracting Parties shall adopt the laws, regulations
6.
and administrative provisions necessary to comply with this
Agreement by 1 July 2005 at the latest.

Article 15

Signing, entry into force and termination

This Agreement shall be ratified or approved by the
1.
Contracting Parties in accordance with their internal procedures.
The Contracting Parties shall notify each other when these
procedures have been completed. This Agreement shall enter
into force on the first day of the second month following the
last notification.

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Either Contracting Party may terminate this Agreement by
2.
giving notice addressed to the other.
the
Agreement shall cease to have effect twelve months after the
serving of said notice.

In such a case,

Article 16

Claims and final account

The list of competent authorities featured in Annex I may
2.
be modified by a simple notification to the other Contracting
Party by the Principality of Andorra in so far as it concerns the
authority identified in point (a) of the said Annex, and by the
European Community insofar as it concerns the other autho-
rities.

Termination or the total or partial suspension of

1.
Agreement shall not affect claims by individuals.

this

The list of related entities featured in Annex II may be amended
by common accord.

2.
In such a case, the Principality of Andorra shall draw up a
final account before this Agreement ceases to apply and make a
final payment
the European
to the Member States of
Community.

Article 19

Languages

Article 17

Territorial scope

1.
This Agreement is drafted in duplicate in the following
languages: Catalan, Czech, Danish, Dutch, English, Estonian,
Finnish, French, German, Greek, Hungarian,
Italian, Latvian,
Lithuanian, Polish, Portuguese, Slovak, Slovenian, Spanish and
Swedish; the texts in each language being equally authentic.

This Agreement shall apply, on the one hand, to the territories
where the Treaty establishing the European Community applies,
and under the conditions provided in the said Treaty, and on
the other hand, to the territory of the Principality of Andorra.

Article 18

Annexes

2.
The Maltese language version shall be authenticated by the
Contracting Parties on the basis of an Exchange of Letters. They
shall also be authentic, in the same way as for the languages
referred to in paragraph 1.

The two Annexes shall

1.
Agreement.

form an integral part of

this

IN WITNESS WHEREOF, the undersigned plenipotentiaries, have
signed the present Agreement.

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Hecho en Bruselas, el quince de noviembre del dos mil cuatro.

V Bruselu dne patnáctého listopadu dva tisíce čtyři.

Udfærdiget i Bruxelles den femtende november to tusind og fire.

Geschehen zu Brüssel am fünfzehnten November zweitausendundvier.

Kahe tuhande neljanda aasta novembrikuu viieteistkümnendal päeval Brüsselis.

Έγινε στις Βρυξέλλες, στις δέκα πέντε Νοεμβρίου δύο χιλιάδες τέσσερα.

Done at Brussels on the fifteenth day of November in the year two thousand and four.

Fait à Bruxelles, le quinze novembre deux mille quatre.

Fatto a Bruxelles, addì quindici novembre duemilaquattro.

Briselē, divi tūkstoši ceturtā gada piecpadsmitajā novembrī.

Pasirašyta du tūkstančiai ketvirtų metų lapkričio penkioliktą dieną Briuselyje.

Kelt Brüsszelben, a kétezer-negyedik év november havának tizenötödik napján.

Magħmul fi Brussel fil-ħmistax il-jum ta' Novembru tas-sena elfejn u erbgħa.

Gedaan te Brussel, de vijftiende november tweeduizendvier.

Sporządzono w Brukseli w dniu piętnastego października roku dwutysięcznego czwartego.

Feito em Bruxelas, em quinze de Novembro de dois mil e quatro.

V Bruseli pätnásteho novembra dvetisícštyri.

V Bruslju, petnajstega novembra leta dva tisoč štiri.

Tehty Brysselissä viidentenätoista päivänä marraskuuta vuonna kaksituhattaneljä.

Som skedde i Bryssel den femtonde november tjugohundrafyra.

Fet a Brussel les el dia quinze de novembre de l'any dos mil quatre.

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Por la Comunidad Europea
Za Evropské společenství
For Det Europæiske Fællesskab
Für die Europäische Gemeinschaft
Euroopa Ühenduse nimel
Για την Ευρωπαϊκή Κοινότητα

For the European Community
Pour la Communauté européenne
Per la Comunità europea
Eiropas Kopienas vārdā
Europos bendrijos vardu
az Európai Közösség részéről
Għall-Komunità Ewropea
Voor de Europese Gemeenschap
W imieniu Wspólnoty Europejskiej
Pela Comunidade Europeia
Za Európske spoločenstvo
za Evropsko skupnost
Euroopan yhteisön puolesta
På Europeiska gemenskapens vägnar
Per la Comunitat Europea

Pel Principat d’Andorra

L 359/42

EN

Official Journal of the European Union

4.12.2004

ANNEX I

LIST OF COMPETENT AUTHORITIES OF THE CONTRACTING PARTIES

The competent authorities for the purposes of this Agreement are:

(a)

in the Principality of Andorra: El Ministre eucarregat de les Finances or an authorised representative; however, for the
application of Article 3 the competent authority is el Ministre eucarregat de l'Interior 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)

(j)

in the French Republic: Le Ministre chargé du budget or an authorised representative,

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: Finanšu ministrs or an authorised representative,

(n)

(o)

in the Republic of Lithuania: Finansų ministras or an authorised representative,

in the Grand Duchy of Luxembourg: Le Ministre des Finances or an authorised representative; however, for the
purposes of Article 12, the competent authority shall be the Procureur Général d'Etat luxembourgeois,

(p)

in the Republic of Hungary: A pénzügyminiszter or an authorised representative,

(q)

in the Republic of Malta: Il-Ministru responsabbli għall-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 financií 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 representative
and the competent authority in Gibraltar, which the United Kingdom shall designate in accordance with the Agreed
Arrangements relating to the competent authority in Gibraltar with the EU and EC instruments and relevant Treaties,
notified to the Member States and institutions of the European Union on 19 April 2000, of which a copy shall be
notified to the Principality of Andorra by the Secretary-General of the Council of the European Union, and which
shall apply to this Agreement.

4.12.2004

EN

Official Journal of the European Union

L 359/43

ANNEX II

LIST OF RELATED ENTITIES
For the purposes of Article 11 of this Agreement, the following entities shall be considered as ‘related entity acting as a
public authority or whose role is recognised by an international Treaty’:

ENTITIES WITHIN THE EUROPEAN UNION:

Belgium

— Région flamande (Vlaams Gewest)

— Région wallonne

— Région bruxelloise (Brussels Gewest)

— Communauté française

— Communauté flamande (Vlaamse Gemeenschap)

— Communauté germanophone (Deutschsprachige Gemeinschaft)

Spain

— Xunta de Galicia (Government of the Autonomous Community of Galicia)

— Junta de Andalucía (Government of the Autonomous Community of Andalucia)

— Junta de Extremadura (Government of the Autonomous Community of Extremadura)

— Junta de Castilla-La Mancha (Government of the Autonomous Community of Castilla-La-Mancha)

— Junta de Castilla-León (Government of the Autonomous Community of Castilla-León)

— Gobierno Foral de Navarra (Government of the Autonomous Community of Navarra)

— Govern de les Illes Balears (Government of the Autonomous Community of the Balearic Islands)

— Generalitat de Catalunya (Government of the Autonomous Community of Catalunya)

— Generalitat de Valencia (Government of the Autonomous Community of Valencia)

— Diputación General de Aragón (Government of the Autonomous Community of Aragon)

— Gobierno de las Islas Canarias (Government of the Autonomous Community of the Canary Islands)

— Gobierno de Murcia (Government of the Autonomous Community of Murcia)

— Gobierno de Madrid (Government of the Autonomous Community of Madrid)

— Gobierno de la Comunidad Autónoma del País Vasco/Euzkadi (Government of the Autonomous Community of the

Basque country)

— Diputación Foral de Guipúzcoa (Provincial Council of Guipúzcoa)

— Diputación Foral de Vizcaya/Bizkaia (Provincial Council of Vizcaya)

— Diputación Foral de Alava (Provincial Council of Alava)

— Ayuntamiento de Madrid (Commune of Madrid)

— Ayuntamiento de Barcelona (Commune of Barcelona)

— Cabildo Insular de Gran Canaria (Council of the Island of Grand Canaria)

— Cabildo Insular de Tenerife (Council of the Island of Tenerife)

— Instituto de Crédito Oficial (State Credit Office)

— Instituto Catalán de Finanzas (Catalan Finance Institute)

— Instituto Valenciano de Finanzas (Finance Institute of Valencia)

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Official Journal of the European Union

4.12.2004

Greece

— Оργανισμός Тηλεπικοινωνιών Ελλάδος (Greek Telecommunications Organisation)

— Оργανισμός Σιδηροδρόμων Ελλάδος (Greek Railways Organisation)

— Δημόσια Επιχείρηση Ηλεκτρισμού (Public Electricity Company)

France

— La Caisse d'amortissement de la dette sociale (CADES)

— L'Agence française de développement (AFD)

— Réseau Ferré de France (RFF)

— Caisse Nationale des Autoroutes (CNA)

— Assistance publique Hôpitaux de Paris (APHP)

— Charbonnages de France (CDF)

— Entreprise minière et chimique (EMC)

Italy

— Regions

— Provinces

— Communes

— Cassa Depositi e Prestiti (Savings bank for deposits and loans)

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 stołeczne Warszawa (Warsaw capital)

— Agencja Restrukturyzacji i Modernizacji Rolnictwa (Agency for the restructuring and the modernisation of agriculture)

— Agencja Nieruchomości Rolnych (Agency for agricultural property)

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)

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Official Journal of the European Union

L 359/45

INTERNATIONAL ENTITIES:

— European Bank for Reconstruction and Development

— European Investment Bank

— Asian Development Bank

— African Development Bank

— World Bank/IBRD/IMF

— International Finance Corporation

— Interamerican Development Bank

— Council of Europe Social Development Fund

— EURATOM

— European Community

— Andean Development Corporation

— Eurofima

— European Coal and 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 in respect of the abovementioned international entities.

ENTITIES IN THIRD COUNTRIES:

Entities satisfying the following criteria:

1. the entity is considered to be a public entity according to national criteria;

2. this public entity is a non-market producer which administers and finances a group of activities, principally non-
market goods or services intended for the benefit of the Community, and which is effectively controlled by public
administration;

3. this public entity is a large and regular issuer of debt securities;

4. the State concerned is able to guarantee that this public entity will not exercise early redemption in the event of gross-

up clauses.