2005/357/EC: Council Decision of 22 December 2004 on the conclusion 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
Date: 2004-12-22
Institutions: Council of the European Union
Subjects: San Marino, agreement (EU), interest, ratification of an agreement, savings, tax convention, tax on income

4.5.2005

EN

Official Journal of the European Union

L 114/11

COUNCIL DECISION

of 22 December 2004

on the conclusion 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

(2005/357/EC)

THE COUNCIL OF THE EUROPEAN UNION,

establishing the European
Having regard to the Treaty
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 from the Commission,

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

(4)

(5)

(6)

According to Decision 2004/903/EC, and subject to the
adoption at a later date of a Decision on the conclusion
of the Agreement, the Agreement was signed on behalf
of the European Community on 7 December 2004.

The Agreement should be 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 Republic of San
Marino an appropriate agreement
securing the
adoption by the Republic of San Marino of measures
the
equivalent
Community to ensure effective taxation of
savings
income in the form of interest payments.

applied within

those

for

be

to

to

the Council.

The text of the Agreement which is the result of the
reflects duly the negotiating directives
negotiations
issued by
a
It
Memorandum of Understanding between the European
Community and its Member States, of
the one part,
and the Republic of San Marino of the other part, the
text of which
to Council Decision
attached
2004/903/EC (2).

accompanied by

is

is

of

the

provisions

application

The
of Directive
2003/48/EC (3) depends on the application by the
Republic of San Marino of measures equivalent
to
those contained in that Directive,
in accordance with
an Agreement entered into by the Republic of San
Marino with the European Community.

Article 1

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 is hereby
approved on behalf of the European Community.

The text of the Agreement is attached to this Decision (4).

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 the
competent authorities resulting from the notifications referred
to in Article 5(a) of Directive 2003/48/EC and in the Annex
thereto.

Article 3

The President of
the notification
provided for in Article 16(1) of the Agreement on behalf of
the Community (5).

the Council

shall effect

(1) Opinion delivered on 2 December 2004 (not yet published in the

Official Journal).

(2) OJ L 381, 28.12.2004, p. 32.
(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).

(4) OJ L 381, 28.12.2004, p. 33.
(5) 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.

L 114/12

EN

Official Journal of the European Union

4.5.2005

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

Article 4

Done at Brussels, 22 December 2004.

For the Council
The President

C. VEERMAN