2005/356/EC: Council Decision of 22 December 2004 on the conclusion of the 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
Date: 2004-12-22
Institutions: Council of the European Union
Subjects: Andorra, agreement (EU), interest, ratification of an agreement, savings, tax convention, tax on income

4.5.2005

EN

Official Journal of the European Union

L 114/9

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
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

(2005/356/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 of the Commission,

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

(3)

(4)

of

the

provisions

application

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

In accordance with Decision 2004/828/EC, and subject
to the adoption at a later date of a Decision on the
conclusion of
the Agreement was
signed on behalf of
the European Community on
15 November 2004.

the Agreement,

Whereas:

(1)

(2)

On 16 October 2001 the Council authorised the
Commission to negotiate with the Principality of
securing the
Andorra an appropriate agreement
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

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, of
the one part,
and the Principality of Andorra of the other part, the
to Council Decision
attached
text of which
2004/828/EC (2).

accompanied by

is

is

(5)

The Agreement should be approved.

(6)

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

HAS DECIDED AS FOLLOWS:

Article 1

The 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 is hereby
approved on behalf of the European Community.

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

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

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

Journal).

(2) OJ L 359, 4.12.2004, p. 32.

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

(4) OJ L 359, 4.12.2004, p. 33.

L 114/10

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Official Journal of the European Union

4.5.2005

Article 2

Article 4

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

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

Done at Brussels, 22 December 2004.

Article 3

The President of the Council shall give the notification provided
for in the first paragraph of Article 15 of the Agreement on
behalf of the Community (1).

For the Council
The President

C. VEERMAN

(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.