2005/353/EC: Council Decision of 22 December 2004 on the conclusion of the 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
Date: 2004-12-22
Institutions: Council of the European Union
Subjects: Liechtenstein, agreement (EU), interest, ratification of an agreement, savings, tax convention, tax on income

L 112/12

EN

Official Journal of the European Union

3.5.2005

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 22 December 2004

on the conclusion of the Agreement between the European Community and the Principality of
to those laid down in Council Directive
Liechtenstein providing for measures equivalent

2003/48/EC on taxation of savings income in the form of interest payments

(2005/353/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal of the Commission,

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

Whereas:

(3)

(4)

Memorandum of Understanding between the European
Community and its Member States, of
the one part,
and the Principality of Liechtenstein of the other part,
the text of which is attached to Council Decision
2004/897/EC of 29 November 2004 (2).

of

the

provisions

application

The
of Directive
2003/48/EC (3) depends on the application by the Princi-
pality of Liechtenstein of measures equivalent to those
in accordance with an
contained in that Directive,
agreement concluded by the Principality of Liechtenstein
with the European Community.

In accordance with Decision 2004/897/EC, and subject
to the adoption at a later date of a Decision on the
the Agreement was
conclusion of
signed on behalf of
the European Community on 7
December 2004.

the Agreement,

(1)

(2)

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

for

(5)

The Agreement should be approved.

The text of the Agreement, which is the result of the
the negotiating directives
negotiations, duly reflects
a
It
issued by

accompanied by

the Council.

is

(6)

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

(1) Opinion of 17 November 2004 (not yet published in the Official

Journal).

(2) OJ L 379, 24.12.2004, p. 83.
(3) OJ L 157, 26.6.2003, p. 38. Directive as last amended by Directive

2004/66/EC (OJ L 168, 1.5.2004, p. 35).

3.5.2005

EN

Official Journal of the European Union

L 112/13

HAS DECIDED AS FOLLOWS:

Article 3

Article 1

The 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
is hereby approved on behalf of the European Community.

The text of the Agreement is attached to this Decision (1).

Article 2

the amendments

The Commission is hereby authorised to approve, on behalf of
the Community,
to the
Agreement which are required to ensure that they correspond
to the information relating to the competent authorities notified
under Article 5(a) of Directive 2003/48/EC and to the infor-
mation in the Annex thereto.

to the Annexes

The President of the Council shall give the notification provided
for
the
Community (2).

the Agreement on behalf of

in Article 16(1) of

Article 4

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

Done at Brussels, 22 December 2004.

For the Council
The President

C. VEERMAN

(1) OJ L 379, 24.12.2004, p. 84.

(2) 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.