Rs 0.641.926.81 Agreement Of 26 October 2004 Between The European Community And The Swiss Confederation Providing For Measures Equivalent To Those Laid Down In Directive 2003/48/ec Of The Council On Taxation Of Savings Income In The Form Of

Original Language Title: RS 0.641.926.81 Accord du 26 octobre 2004 entre la Confédération suisse et la Communauté européenne prévoyant des mesures équivalentes à celles prévues dans la directive 2003/48/CE du Conseil en matière de fiscalité des revenus de l’épargne sous forme de

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0.641.926.81 text original agreement between the Confederation Switzerland and the Community European providing for measures equivalent to those laid down in directive 2003/48/EC of the Council on taxation of savings income in the form of interest payments concluded on October 26, 2004, approved by the Federal Assembly on 17 December 2004, entered into force by Exchange of notes on 1 July 2005 (status on 1 July 2013) the Swiss Confederation hereinafter referred to as 'Switzerland', and the European Community, hereinafter referred to as 'the Community', or the 'Contracting Parties', have agreed to conclude the following agreement: art. 1 restraint by payors Swiss 1. Interest payments made to the beneficial owners within the meaning of art. 4 who are residents of a Member State of the European Union, hereinafter referred to as 'Member State', by a paying agent established on the territory of the Switzerland are subject, subject of the by. 2 and art. 2, of a withholding tax on the amount of interest payments. This withholding tax rate is 15% in the first three years from the date of application of this agreement, 20% over the next three years and 35% then.
2. the interest payments on loans that are issued by debtors who are residents of the Switzerland or that relate to permanent establishments of non-residents located in Switzerland are excluded from the withholding tax. For the purposes of this agreement, the expression "permanent establishment" has the meaning under the convention to avoid double taxation applicable between the Switzerland and the State of residence of the debtor. In the absence of such a convention, the term 'permanent establishment' means a fixed place of business through which the debtor carries all or part of its activity.
3. However, if the Switzerland reduced to less than 35% the rate of withholding tax on interest payments from Swiss source to natural persons resident in a Member State, it will be charged a withholding tax on the interest payments. The rate of this withholding tax is equal to the difference between the rate of the withholding tax provided for in the by. 1 and the new tax rate anticipated. However, it cannot be greater than the expected rate to the by. 1. If the Switzerland limits the scope of application of the law on withholding tax on the interest payments to individuals resident in a Member State, all interest payments thus excluded withholding tax is subject to withholding tax at the rates provided in the by. 1 4. The by. 2 is not applicable to interest paid by Swiss investment funds which, at the date of entry into force of this agreement or at a later date are exempted from Swiss withholding tax on payments to individuals resident in a Member State.
5. the Switzerland takes the necessary measures to ensure the execution of the tasks required for the implementation of this agreement by the paying agents established on its territory and in particular contains provisions on procedures and sanctions.

Art. 2 voluntary disclosure 1. The Switzerland provides for a procedure which allows the beneficial owner within the meaning of art. 4 to avoid the withholding tax under art. 1 by expressly authorising his paymaster established in Switzerland to communicate the interest payments to the competent authority of that State. This authorization covers all interest payments made to the beneficial owner by that paying agent.
2. minimum content of the information which the paying agent is required to contact in case of express authorization of the beneficial owner is the following: has) the identity and residence of the beneficial owner established in accordance with art. 5; b) the name or the name and address of the agent payer; c) the account number of the beneficial owner or, where there is none, identification of the debt claim giving rise to the interests, etd) the amount of interest paid pursuant to art. 3 3. The competent Swiss authority shall communicate the information referred to in the by. 2-the competent authority of the Member State of residence of the beneficial owner. These communications be automatic and shall take place at least once a year, within six months following the end of the tax year in Switzerland, for all the interest payments made during that year.
4. where the beneficial owner opts for this voluntary disclosure procedure or otherwise declares his interest income received from a Swiss paymaster to the tax authorities of his Member State of residence, concerned interest income are taxed in that Member State at the same rates as those applied to similar income from that State.

Art. 3 plate of withholding tax 1. The paying agent will charge withholding tax under art. 1, by. 1, as follows: a) in the case of payment of interest within the meaning of art. 7, by. 1, let. ((a): on the gross amount of interest paid or credited; b) in the case of payment of interest within the meaning of art. 7, by. 1, let. ((b) or (d): on the amount of interest or income referred to in those letters; c) in the case of payment of interest within the meaning of art. 7, by. 1, let. (c): on the amount of interest referred to in this letter.

2. for the purposes of the by. 1, the withholding tax is levied in proportion to the period of detention of the claim by the beneficial owner. If the paying agent is not able to determine the period of detention on the basis of the information available, it considers that the beneficial owner held the claim for the entire period of its existence, unless the beneficial owner provides evidence of the date of acquisition.
3. the taxes and deductions other than the withholding tax provided for in this agreement on the same interest payments are deducted from the amount of the withholding tax calculated in accordance with this section.
4 by. 1, 2 and 3 do not affect the art. 1, by. 2 art. 4 definition of the beneficial owner 1. For the purposes of this agreement, "beneficial owner" means any individual who receives an interest payment or any individual that an interest payment is assigned, unless it provides evidence that this payment has not been made or it is not assigned to its own account. An individual is not considered the beneficial owner: has) if it acts as a paying agent on the meaning of art. 6; or (b) if it is acting on behalf of a legal person, to an investment fund or a comparable or equivalent undertaking for collective investment in securities; OUC) if it acts on behalf of another individual who is the beneficial owner and who communicates to the paying agent its identity and State of residence.

2. where a paying agent has information suggesting that the individual who receives an interest payment or to which interest is awarded, may not be the beneficial owner, it must take reasonable measures to establish the identity of the beneficial owner. If the paying agent is not able to identify the beneficial owner, it considers the individual in question as the beneficial owner.

Art. 5 identity and residence of beneficial owners to establish the identity of the beneficial owner within the meaning of art. 4 determine his place of residence, the paying agent records his name, his name, his address and his place of residence in accordance with Swiss legislation on the fight against money laundering. In the case of contractual relationships, or transaction in the absence of contractual relations, effective January 1, 2004, for individuals presenting a passport or card official identification issued by a Member State and who declare to be resident in one State other than a Member State or Switzerland, the residence is established on the basis of a certificate of fiscal residence issued by the competent authority of the State in which the individual States be resident. If there is no production of this certificate, it is considered that the residence is located in the Member State which issued the passport or other official identity document.

Art. 6 definition of paying agent for the purposes of this agreement, "paying agent" means in Switzerland banks within the meaning of Swiss legislation on banks, traders in securities within the meaning of the Federal law on scholarships and trade in securities, physical and legal persons resident or established in Switzerland, partnerships and the establishments of foreign companies who even on an occasional basis, accept, hold, invest or transfer assets of third parties, or simply pay interest or attribute the payment as part of their activity.

Art. 7 definition of interest 1. For the purposes of this agreement, means "interest payment":


(a) interest paid, or entered into account, that relate to loans of any kind including interest paid on fiduciary deposits by agents paying Swiss for the benefit of beneficial owners within the meaning of art. 4, matching or not mortgage guarantees or a participation in the debtor's profits, and particularly clause public funds and revenue bond loans, including premiums and prizes attached to these, but excluding interest from loans between individuals private not acting as part of their activity. Penalties for late payment are not regarded as interest payments; b) interest accrued or capitalised obtained on the sale, refund or redemption of the claims referred to in the let. (a); c) revenues from interest payments, either directly or through an entity referred to in art. 4, by. 2, of directive 2003/48/EC of the Council of 3 June 2003 on taxation of income from savings in the form of payments of interest, hereinafter referred to as 'the directive', distributed by: (i) undertakings for collective investment domiciled in a Member State, (ii) entities domiciled in a Member State who have recourse to the option provided for in art. 4, by. 3, of the directive, and which inform the paying agent, (iii) of the undertakings for collective investment established outside the territory of the Contracting Parties, (iv) of Swiss investment funds which, at the date of the entry into force of this agreement or at a later date are exempted from Swiss withholding tax on payments to individuals who are residents of a Member State;

(d) revenues realized on the sale, refund or redemption of shares or units in the following, agencies and entities when they invest directly or indirectly through other organizations for collective investment or entities referred to below more than 40% of their assets in the claims referred to in the let. (a): (i) undertakings for collective investment domiciled in a Member State, (ii) entities domiciled in a Member State who have recourse to the option provided for in art. 4, by. 3, of the directive and which inform the paying agent, (iii) of the undertakings for collective investment established outside the territory of the Contracting Parties, (iv) investment funds Swiss who, on the date of the entry into force of this agreement or at a later date, are exempt from withholding tax Swiss on their payments to individuals who are residents of a Member State.

2. as regards the by. 1, let. (c), when a paying agent has no evidence on the share of revenues from interest payments, the total amount of the income is considered payment of interest.
3. as regards the by. 1, let. (d), when a paying agent has no evidence regarding the percentage of assets invested in claims or in shares or units such as defined in the said let. (d), this percentage is considered to be above 40%. When it cannot determine the amount of income realised by the beneficial owner, the income is considered as being the product of the sale, refund or redemption of shares or units.
4. revenues from agencies or entities that have invested up to 15% of their assets in debt in the sense of the by. 1, let. (a), are not considered to be a payment of interest within the meaning of the by. 1, let. c)) and (d).
5. with effect from January 1, 2011, the target percentage in the by. 1, let. (d), and to the by. 3 will be 25%.
6. the percentages referred to the by. 1, let. (d), and to the by. 4 are set according to the investment policy as it is defined in the regulations or in the constituent documents bodies or entities concerned and, failing that, depending on the actual composition of the assets of these organizations or entities.

Art. 8 1 revenue sharing. The Switzerland retains 25% of revenue generated by the withholding tax in respect of this agreement and transfer 75% to the Member State of residence of the beneficial owner.
2. these transfers are made for each year in one instalment per Member State at the latest within six months following the end of the tax year in the Switzerland.

Art. 9 Elimination of double taxation 1. When the interest received by a beneficial owner was subject to a withholding tax by a paymaster established in Switzerland, the Member State of tax residence of the beneficial owner gives a tax credit equal to the amount of the withholding tax. When this amount is greater than the amount of the tax due under its national law on the total amount of interest subject to this withholding tax, the Member State of residence tax refund the difference paid in excess to the beneficial owner.
2. If interest received by a beneficial owner have been encumbered in taxes and deductions other than anticipated in this agreement and that the Member State of residence tax grants a tax in respect of these tax credit and retained under its national law or of conventions of double taxation, these taxes and deductions are credited before the application of the procedure provided for in the by. 1. the Member State of residence tax accept certificates issued by the paying agents Swiss as sufficient evidence of tax or of restraint, with the understanding that the competent authority of the Member State of residence tax can get the verification of the information contained in the certificates issued by Swiss paying agents of the competent Swiss authorities.
3. the Member State of tax residence of the beneficial owner may replace the planned tax credit mechanism in the by. 1 and 2 by a refund of the withholding tax under art. 1 art. 10 Exchange of information 1. The Switzerland and any Member State competent authorities exchange information on behaviour constituting tax fraud under the laws of the requested State, or of an equivalent offence concerning the income covered by this agreement. By "equivalent offence" means an offence of the same degree of severity than in the case of tax fraud under the laws of the requested State only. In response to a duly justified request, the requested State shall communicate information about materials being investigated or likely to be the subject of administrative, civil or criminal investigations in the requesting State. Without prejudice to the scope of the exchange of information as defined in this paragraph, information are exchanged in accordance with the procedures established in the conventions of double taxation between the Switzerland and the Member States and are kept secret in the manner provided for in these conventions.
2. in determining whether or not information can be disclosed in response to a request, the requested State applies the applicable rules of prescription under the law of the requesting State and not those of the requested State.
3. the requested State shall communicate information where the requesting State has good reason to suspect that the conduct in question could be an evasion or an equivalent offence. This suspicion of the applicant State may be based on: a) documents, authenticated or not, including, among others, business documents, records, or information about bank accounts; b) testimony of the taxpayer; c) information obtained from an informant or other third party who have been corroborated independently or who otherwise seem credible for other reasons; Oud) indirect evidence.

4. the Switzerland committed bilateral negotiations with each of the Member States in order to define the types of cases that may be considered 'equivalent offences' under the procedure of taxation applied by those States.

Art. 11 competent authorities for the purposes of this agreement, means "competent authorities" the authorities listed in annex I.

Art. 12 consultations in the event of disagreement between the competent Swiss authority and one or more of the other competent authorities referred to in art. 11 on the interpretation or application of this agreement, these authorities strive to resolve by amicable agreement. They shall immediately inform the Commission of the European communities and the competent authorities of the other Member States of the results of their consultations. Regarding the questions of interpretation, the Commission may participate in the consultations at the request of any competent authority.

Art. 13 review 1. The Contracting Parties consult each other at least every three years or at the request of one of them to review and - if they deem it necessary — improving the technical functioning of this agreement and assessing international developments. Consultations take place in the month following the request or as soon as possible in urgent cases.
2. on the basis of this assessment, the Contracting Parties may consult each other in order to examine whether it is necessary to modify this agreement based on international developments.

3. once they have acquired sufficient experience of the full implementation of art. 1, by. 1, the Contracting Parties shall consult each other in order to examine whether it is necessary to modify this agreement based on international developments.
4. for the purposes of the consultations referred to the by. 1, 2 and 3, each Contracting Party shall inform other developments may possibly affect the proper functioning of this agreement and of any relevant agreement between one of the Contracting Parties and a third country.

Art. 14 relationships with bilateral double taxation conventions the provisions of the double taxation between the Switzerland and the Member States do not prevent the removal of the withholding tax provided for in this agreement.

Art. 15 payments of dividends, interests and royalties between companies 1. Without prejudice to the application of the provisions of national law or of conventions aimed at preventing fraud or abuse in Switzerland and in the Member States, the dividends paid by subsidiary companies to their parent companies are not taxed in the State of source when:-the parent company holds directly at least 25% of the capital of the subsidiary for at least two years; and - a company has its tax residence in a Member State and the other has his tax residence in Switzerland; and that - under the terms of an agreement to avoid double taxation with a third State, none of these companies has its tax residence in that third State; and - both companies are subject to corporation tax without the benefit of an exemption, and both take the form of a capital company.

However, as long as she collects a tax on distributed profits without imposing undistributed profits, and at the latest until 31 December 2008, the Estonia may continue to apply that tax to profits distributed by Estonian subsidiaries to their parent companies established in Switzerland.
2. without prejudice to the application of the provisions of national law or of conventions aimed at preventing fraud or abuse in Switzerland and in Member States, payments of interest and royalties between associated companies or their establishments are not taxed in the State of source when:-these companies are bound by a direct participation of at least 25% for at least two years or are both held by a company that third directly holds a participation of at least 25% in the capital of the first company and in the capital of the second company for at least two years; and – a company's tax residence, or a permanent establishment is located in a Member State and that the other company's tax residence, or another stable institution located in Switzerland; and that - under the terms of an agreement to avoid double taxation with a third State, none of these companies has its tax residence nor any of these establishments is located in that third State; and - all companies are subject to corporation tax without the benefit of an exemption, in particular on payments of interest and royalties, and each takes the form of a capital company.

However, when directive 2003/49/EC of the Council of 3 June 2003 on a common tax system applicable to interest and royalty payments between companies associated with different Member States provides a transitional period for a given Member State, that State takes the above arrangements concerning payments of interest and royalties at the end of this period.
3. the double taxation agreements between the Switzerland and the Member States which, at the date of adoption of this agreement, provide for a more favourable tax treatment of payments of dividends, interest and royalties are not affected.

In regards to the Switzerland, the expression "capital company" covers:-company anonymous/Aktiengesellschaft/società anonima; -company limited/Gesellschaft mit beschranker Haftung/società a responsibility limitata; -partnership limited by shares/Kommanditaktiengesellschaft / società in accomandita per azioni.
In regards to the Switzerland, the expression "capital company" covers:-company anonymous/Aktiengesellschaft/società anonima; -company limited/Gesellschaft mit beschranker Haftung / società a responsibility limitata; -partnership limited by shares/Kommanditaktiengesellschaft / società in accomandita per azioni.

Art. 16 transitional provisions for negotiable debt securities 1. From the date of application of this agreement and as long that at least one of the Member States apply also similar provisions, and until 31 December 2010 at the latest, domestic and international bonds and other negotiable securities with the original broadcast prior to 1 March 2001 or for which the original issue prospectus have been targeted before that date by the competent authorities of the issuing State are not considered as loans in the sense art. 7, by. 1, let. (a), provided that no new issue of such negotiable debt securities is carried out from March 1, 2002.
However, also long that at least one of States also applies similar provisions, the provisions of this article continue to apply beyond 31 December 2010 with respect to debt securities negotiable:-which contain clauses amount gross ("gross-up") and prepayment. and - when the paying agent, as defined in art. 6, is established in Switzerland. and - where that paying agent pays interest directly to, or assigns the payment of interest for the immediate benefit of, a beneficial owner residing in a Member State.

If and when all Member States cease to apply similar provisions, the provisions of this article continue to apply only with respect to negotiable debt securities:-which contain clauses amount gross ("gross-up") and prepayment. -where the paying agent of the issuer is established in Switzerland; and - where that paying agent pays interest directly to, or assigns the payment of interest for the immediate benefit of, a beneficial owner residing in a Member State.

If a new issue of one of aforementioned negotiable debt instruments issued by a Government or entity considered acting as a public authority or whose role is recognised by an international treaty (as listed in annex II to this Agreement) is made as of March 1, 2002, all of the issuance of this title, namely the original broadcast and any subsequent issuance is considered a debt within the meaning of art. 7, by. 1, let. (a). If a new issue of one of the aforementioned negotiable debt securities issued by any other issuer not covered by the fourth subparagraph is carried out from March 1, 2002, this new show is considered a debt within the meaning of art. 7, by. 1, let. (a). 2. This article in no way precludes the Switzerland and the Member States to continue to tax the income from the negotiable debt securities referred to the by. 1 in accordance with their national legislation.

As in the directive, these transitional rules also apply to negotiable debt securities held through investment funds.

Art. 17 signature, entry into force and duration of validity 1. This agreement is ratified or approved by the Contracting Parties in accordance with their own procedures. The Contracting Parties will notify each other the completion of these procedures. This agreement is effective the first day of the second month following the last notification.
2. subject to the fulfilment of the constitutional requirements of the Switzerland and the requirements of Community law concerning the conclusion of international agreements, and without prejudice to art. 18, the Switzerland and, as appropriate, the community, implement and effectively apply this agreement from 1 January 2005 and shall inform the other Contracting Party.
3. this agreement remains in effect as long as it has not been denounced by a Contracting Party.
4. each Contracting Party may denounce this agreement by notification addressed to the other party. In this case, the agreement will cease to be applicable for twelve months after notification.

Art. 18 application and suspension of application 1. The application of the present agreement is conditioned by the adoption and implementation by the territories dependent or associated to the Member States referred to in the report of the Council (economic and financial affairs) to the European Council in Santa Maria da Feira of 19 and 20 June 2000, as well as by the United States of America, Andorra, Liechtenstein, Monaco and San Marino, respectively, of measures identical or equivalent to those contained in the directive or in this agreement , with the exception of art. 15 of this agreement, and providing for the same dates of implementation.

2. the Contracting Parties may decide by mutual agreement, at least six months before the date referred to in art. 17, by. 2, if the target condition to the by. 1 will be filled due to the dates of entry into force of the relevant measures in the third States and dependent territories or partners concerned. If the Contracting Parties do not decide that the condition will be met, they adopt a common agree a new date for the purposes of art. 17, by. 2 3. Notwithstanding the by. 1 and 2, art. 15 takes effect with respect to the Spain to the date of entry into force of an agreement bilateral between the Spain and the Switzerland on the exchange of information on request in cases administrative, civil or criminal tax fraud as defined under the law of the requested State, or of an equivalent offence, on items of income not covered by this agreement but covered by a convention or an agreement between the Spain and the Switzerland in order to avoid double taxation on income and wealth tax.
4. the application of this agreement or parts thereof may be suspended by either Contracting Party with immediate effect through notification to the other party in case the directive or part thereof ceases to be applicable either temporarily or permanently in accordance with Community law or in case a Member State suspends the application of the transposing legislation.
5. each Contracting Party may suspend the application of this agreement through notification to the other party to the case where one of the third States or territories referred to the by. 1 cease to apply the measures referred to in that paragraph. The suspension of the application takes place at the earliest two months after notification. This agreement will again apply as soon as the measures will be reintegrated.

Art. 19 rights and final regulations 1. In the case of denunciation or suspension or part of the application of the present agreement, the rights of individuals in respect of art. 9 are not affected.
2. in this case, the Switzerland sets a final statement at the end of the period of applicability of this agreement and payment for balance of any account to the Member States.

Art. 20 scope territorial this agreement applies, on the one hand, to the territories where the Treaty establishing the European Community is application and under the conditions laid down by that Treaty and, on the other hand, to the territory of the Switzerland.

Art. 21 annexes 1. The annexes are an integral part of this agreement.
2. the list of the competent authorities listed in annex I may be amended by simple notification to the other Contracting Party by Switzerland with regard to the authority referred to in the let. (a) of this annex and the community with regard to other authorities.
The list of entities considered in annex II may be amended by mutual agreement.

Art. 22 languages 1. This agreement is prepared in two copies in the languages German, French, Italian, English, Danish, Spanish, Estonian, Finnish, Greek, Hungarian, Latvian, Lithuanian, Dutch, Polish, Portuguese, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic.
2. the Maltese language of this Agreement version will be authenticated by the Contracting Parties on the basis of an exchange of letters. They will also be faith, in the same way as the languages referred to the by. 1. in faith, the undersigned Plenipotentiaries have affixed their signatures below this agreement.
Done at Luxembourg, 26 October 2004.

Annex I list of competent authorities for the purposes of this agreement, "competent authorities" means: a) in Switzerland, the Director of the Federal Administration of the contributions/der Direktor der Eidgenossischen Steuerverwaltung / it Director dell' Administration federal contributions or his Deputy or agent delle; b) in the Kingdom of Belgium: De Minister van Financien / the Minister of finance or an authorised representative; c) in the Czech Republic ((((((: Ministr financial or a representative authorized; d) in the Kingdom of the Denmark: Skatteministeren or a representative authorized; e) in the Federal Republic of Germany: Der principle der Finanzen or an authorized representative; e) in Estonia: Rahandusminister or a representative authorized g) in the Hellenic Republic: Iaido Odionauo Yes Ieeiiiieeþi or an authorized representative; h) in the Kingdom of Spain: El Ministro de Hacienda or an authorised representative; i) in the French Republic ((((((: The Minister in charge of the budget or an authorized representative; j) in Ireland: The Revenue Commissioners or their authorised representative; k) in the Italian Republic: Il Capo del Dipartimento per I tax or an authorized representative;) in Cyprus: Odionauo Ieeiiiieeþi or an authorized representative; m) in Latvia: Finanšu ministrs or a representative authorized; n) in Lithuania: Finanso ministras or a representative authorized; o) to the Grand Duchy of Luxembourg : The Minister of finance or a representative; However, for the purposes of art. 10, the competent authority is the General State Prosecutor Luxembourg; p) in Hungary: penzugyminiszter or an authorized; q) in Malta: it-Israeli responsabbli għall-Finanzi or an authorized representative; r) in the Kingdom of the Netherlands: De Minister van Financien or a representative authorized; s) in the Republic of Austria: Der principle fur Finanzen or an authorised representative; t) in Poland: Minister Finansow or an authorized representative; u) in the Portuguese Republic (((((: O Ministro das Finanças or an authorized representative; v) in Slovenia: Minister za financii or a representative authorized; w) in Slovakia: Minister financii or a representative authorized; x) in the Republic of Finland: Valtiovarainministerio/Finansministeriet or an authorised; representative y) in the Kingdom of Sweden: Finansdepartementet or one authorized representative; z) in the United Kingdom of Great Britain and Ireland in the North and in the European territories which the United Kingdom assumes external relations : the Commissioners of Inland Revenue or their representative and the competent authority in Gibraltar that the United Kingdom will designate in accordance with the arrangements concluded about the authorities of Gibraltar in the context of the EU instruments and the this and treaties are related, notified on 19 April 2000 to the Member States and the institutions of the Union European and of which a copy will be notified to Switzerland by the general Secretariat of the Council of the Union European (((, and which apply to the present Accord.aa) in Bulgaria: Eciueieoaeieo aedaeoid AI Iaoeiiaeiaoa aaaioe here ideoiaeoa or an official representative; ab) in Romania: Preºedintele Agenþiei Naþionale de Administrare Fiscala or an official representative; ac) Croatia: Ministar financija or an authorized representative.

Update according to the exchange of letters of 19/29 May 2009 (RO 2011 1557) and the letter of 15 October. 2013 of the European Commission, in force since July 1. 2013 (2013 4343 RO).

State on July 1, 2013 annex II list of entities assimilated for the purposes of art. 16 of this agreement, the following entities will be considered as the "equivalent entities acting as a public authority or whose role is recognised by an international treaty": entities within the Union European Belgium Vlaams stock (Flemish Region) Region Walloon Region of Brussels - capital /Brussels Hoofdstedelijk stock community French Flemish Community (Flemish Community) Deutschsprachige Gemeinschaft (German-speaking community) Bulgaria iaueieoa (Commons) Nioeaeiiineaodeoaeie oiiaiaa (social insurance fund) Spain Xunta of Galicia (Government of the autonomous community of Galicia) Junta de Andalucía) Government of the autonomous community of Andalusia) Junta de Extremadura (Government of the autonomous community of Extremadura) Junta de Castilla - La Mancha (Government of the autonomous community of Castile-La Mancha) Junta de Castilla-León (Government of the autonomous community of Castile-Leon) Gobierno Foral de Navarra (Government of the autonomous community of Navarre) Govern the Illes Balears (Government of the autonomous community of the Balearic Islands) Generalitat de Catalunya (Government of the autonomous community of Catalonia) Generalitat de Valencia (Government of the autonomous community of Valencia)
Diputación General de Aragón (Government of the autonomous community of Aragon) Gobierno las Islas Canarias (Government of the autonomous community of the Canary Islands) Gobierno de Murcia (Government of the autonomous community of Murcia) Gobierno de Madrid (Government of the autonomous community of Madrid) Government of the autonomous Comunidad del País Vasco/Euzkadi (Government of the autonomous community of the basque country) Diputación Foral de Guipúzcoa (Gipuzkoa provincial Council) Diputación Foral de Vizcaya/Bizkaia (Biscay provincial Council) Diputación Foral of Álava (Álava provincial Council) Ayuntamiento de Madrid (municipality of Madrid) Ayuntamiento de Barcelona (Barcelona City) Cabildo Insular of Gran Canaria (Gran Canaria Island Council) Cabildo Insular de Tenerife (Tenerife Island Council) Instituto de crédito Oficial (the State office) Catalan Institute of Finance (public financial institution of Catalonia) Instituto Valenciano of Finance (public financial institution of Valencia) Greece

Inaaieoiuo Oceadeeieiuieþi Aeeuaio (Greece's telecommunications organization) Inaaieoiuo Oeacnianuiui Aeeuaio (railways of Greece) Äçìüóéá Åðé÷åßñçóç Çëåêôñéóìïý (public electricity company) France redemption Fund of the social debt (CADES) Agence française development (AFD) network rail of France (RFF) national highways (NAC) support fund public hospitals of Paris (APHP) Charbonnages de France (CDF) mining and chemical company (EMC) Italy Regions Provinces municipalities Cassa Depositi e Prestiti (deposits and loans Fund) Latvia Padvaldibas (local governments)
Poland gminy (communes) powiaty (districts) wojewodztwa (provinces) zwi¹zki gmin (associations of communes) powiatow (association of districts) wojewodztw (association of provinces) miasto sto³eczne Warszawa (Warsaw capital) Agencja Restrukturyzacji i Modernizacji Rolnictwa (Agency for restructuring and modernisation of agriculture) Agencja Nieruchomooeci Rolnych (agricultural property agency) Portugal region (autonomous region of Madeira) Madeira autonomous region autonomous back Azores (autonomous region of the Azores) municipalities Romania autoritaþile administraþiei publice local (local public administrative authorities) Slovakia mesta has region (municipalities) Železnice Slovenskej republiky (Slovak railway company) Štatny background cestneho hospodarstva (national road management Fund) Slovenske elektrarne (Slovak power plants) Vodohospodarska vystavba (rational use of water company) International Bank for reconstruction and development European Investment Bank Asian Development Bank African Development Bank Bank World/IBRD/IMF company international financial inter-American Development Bank of the Council of the EURATOM Community Europe's social development fund European company Andean Development Community Eurofima European of the coal and steel investment provisions of art Caribbean Development Bank Northern Bank. 16 are without prejudice to any international commitment whereby the Contracting Parties might have agreed with respect to the abovementioned international entities.

Entities in third States entities that meet the following criteria: 1. the entity is clearly considered as public standards national; 2. This public entity is a non-market producer which manages and funds a set of activities, consisting of essentially to provide to the community of goods and of non-market services, and on which governments exercise control effective; 3. This public entity is emissions/titles of debt at regular intervals and a considerable; 4 volume. the State concerned is able to guarantee that this public entity will not prepayment if clause amount gross ("gross-up").

Memorandum of understanding the Swiss Confederation, hereinafter referred to as 'Switzerland', and the community, the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus the Republic of Latvia, the Republic of Lithuania the Grand Duchy of Luxembourg, the Republic of Hungary the Republic of Malta the Kingdom of Netherlands , the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, have agreed the following: 1 IntroductionLa Switzerland and the community to conclude an agreement providing for measures equivalent to those laid down in directive 2003/48/EC of the Council of 3 June 2003 on taxation of income in the form of interest payments) hereinafter referred to as 'the directive'). This memorandum of agreement complete this agreement.
2. administrative assistance in cases of tax evasion and offences Equivalentesdes the agreement is signed, the Switzerland and each Member State of the European Union committed bilateral negotiations in sight:-to include in their respective double taxation agreements on the income and wealth of the provisions on administrative assistance in the form of an exchange of information on request concerning all administrative cases civil or criminal tax fraud under the laws of the requested State, or equivalent offences concerning items of income not covered by the agreement but covered by their respective conventions; - to define the categories of cases constituting 'equivalent offences' under the procedure of taxation applied by those States.

3. negotiations with third States with a view to the adoption of measures Equivalentespendant the transitional period provided for in the directive, the community will engage in discussions with any other important financial centres to promote the adoption by these entities of measures equivalent to those applied by the community.
4. statement of intentionLes signatories of this memorandum of understanding declare that they consider that the agreement referred to in point 1 and this memorandum constitute an acceptable and balanced arrangement that can be seen as safeguarding the interests of the parties. They will therefore implement in good faith the measures agreed and refrain from any unilateral action likely to be prejudicial to the present arrangement without legitimate reason.
If a significant difference would be discovered between the scope of the directive, as adopted on 3 June 2003, and the agreement, in particular with regard to art. 1, by. 2, and art. 6 of the agreement, the Contracting Parties will consult without delay in accordance with art. 13, by. 1, of the agreement to ensure that the equivalent nature of the measures provided for by the agreement is maintained.

Signed at Luxembourg, 26 October 2004, in duplicate in the languages German, French, Italian, English, Danish, Spanish, Estonian, Finnish, Greek, Hungarian, Latvian, Lithuanian, Dutch, Polish, Portuguese, Slovak, Slovenian, Swedish and Czech, each of these texts being equally authentic.
The Maltese language version will be authenticated by the signatories on the basis of an exchange of letters. They will also be faith, as well as the languages referred to in the preceding paragraph.
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Update according to the exchange of letters of 19/29 May 2009, in force since May 29, 2009 (RO 2011 1557).

State on July 1, 2013

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