93/562/EEC: Council Decision of 25 October 1993 authorizing the Portuguese Republic to apply a measure derogating from Article 2 (1) and Article 17 of the Sixth Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover taxes

COUNCIL DECISION of 25 October 1993 authorizing the Portuguese Republic to apply a measure derogating from Article 2 (1) and Article 17 of the Sixth Directive 77/388/EEC on the harmonization of the laws of the Member States relating to turnover  taxes
(93/562/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community,
Having regard to the Sixth Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes - Common system of value added tax: uniform basis of assessment (1), and in particular Article 27  thereof,
Having regard to the proposal from the Commission,
Whereas, under Article 27 (1) of Directive 77/388/EEC, the Council, acting unanimously on a proposal from the Commission, may authorize any Member State to introduce special measures for derogation from that Directive, in order to simplify the procedure  for charging the tax or to prevent certain types of tax evasion or avoidance;
Whereas, by letter dated 28 July 1993 and received by the Commission on 2 September 1993, the Portuguese Republic requested authorization to introduce a measure for derogation from Article 17 of Directive 77/388/EEC;
Whereas the other Member States were informed on 13 September 1993 of the request made by the Portuguese Republic;
Whereas implementation of the transitional VAT arrangements leads to VAT being charged on certain work on movable tangible property and certain services relating to the transport of goods and ancillary transport activities at the place where these  services are supplied, irrespective of the place where the taxable person to whom these services are supplied is able to exercise his rights of deduction, and whereas this results in growing use of the refund procedures provided for by Directives  79/1072/EEC (2) and 86/560/EEC (3);
Whereas the increasing use of the refund procedures provided for by Directives 79/1072/EEC and 86/560/EEC may impede the development of intra-Community trade in certain services;
Whereas the measure for derogation in question aims to introduce a simplification consisting in the exemption of certain services supplied to taxable persons not established in the territory of the country but identified in the Community, for which  these taxable persons would in any event be entitled to a refund;
Whereas certain requirements should be imposed on taxable persons with a view to preventing tax evasion or avoidance;
Whereas it is desirable for this derogation to be limited to the time necessary to enable the Council, acting on a proposal from the Commission, to adopt a definitive solution;
Whereas the measure for derogation in question has no effect on the European Communities' own resources accruing from value added tax,