2004/903/EC: Council Decision of 29 November 2004 on the signing of the 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 and the approval and signing of the accompanying Memorandum of Understanding
Date: 2004-11-29
Institutions: Council of the European Union
Subjects: San Marino, agreement (EU), interest, savings, signature of an agreement, tax on income

L 381/32

EN

Official Journal of the European Union

28.12.2004

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 29 November 2004

on the signing of the 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 and the approval and signing of
the accompanying Memorandum of Understanding

(2004/903/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Article 1

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

Having regard to the proposal from the Commission,

Whereas:

On 16 October 2001,
the Council authorised the
Commission to negotiate with the Republic of San
Marino an appropriate agreement
securing the
adoption by the Republic of San Marino of measures
the
equivalent
savings
Community to ensure effective taxation of
income in the form of interest payments.

applied within

those

for

be

to

to

The text of the Agreement which is the result of the
the negotiating directives
negotiations duly reflects
issued by
a
It
the Council.
Memorandum of Understanding between the European
Community and its Member States, and the Republic of
San Marino.

accompanied by

is

(1)

(2)

(3)

of

the

between

the Agreement

Subject to the adoption at a later date of a Decision on the
conclusion
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
is hereby
interest payments,
authorised to designate the persons empowered to sign, on
behalf of
the Agreement and the accom-
panying Memorandum of Understanding and the Letters from
the European Community which have to be exchanged in
accordance with Article 21(2) of the Agreement and the last
paragraph of the Memorandum of Understanding.

the President of

the Community,

the Council

The Memorandum of Understanding is approved by the
Council.

The texts of the Agreement and of the Memorandum of Under-
standing are attached to this Decision.

Article 2

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

Done at Brussels, 29 November 2004.

Subject to the adoption at a later date of a Decision on
the conclusion of the Agreement, it is desirable to sign
the two documents that were initialled on 12 July 2004
and have confirmation of the Council approval of the
Memorandum of Understanding,

For the Council
The President

L. J. BRINKHORST