Rs 0.641.926.811 Agreement October 26, 2004, In The Form Of Exchange Of Letters Of 26 October 2004 Between The European Community And The Swiss Confederation On The Date Of Application Of The Agreement Between The European Community And The Confederati...

Original Language Title: RS 0.641.926.811 Accord du 26 octobre 2004 sous forme d’échange de lettres du 26 octobre 2004 entre la Communauté européenne et la Confédération suisse sur la date d’application de l’accord entre la Communauté européenne et la Confédération suisse prévoya

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0.641.926.811 original text agreement in the form of exchange of letters of 26 October 2004 between the community Union and the Swiss Confederation on the date of application of the agreement between the European Union and the Swiss Confederation providing for measures equivalent to those provided for in directive 2003/48/EC of the Council of 3 June 2003 in the field of taxation of savings income in the form of payments of interest approved by the Federal Assembly on December 17, 2004 entered into force 1 July 2005 (status on June 28, 2005) A. Letter from the European Community Sir, I have the honour to refer to the agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in directive 2003/48/EC of the Council tax to the savings income in the form of interest payments. This agreement, which will be ratified or approved by the Contracting Parties in accordance with their own procedures, will be applied from a date determined in accordance with the procedure referred to in art. 18, by. 2, of the agreement.
Art. 18, by. 2, provides that the Contracting Parties decide, by mutual agreement, at least six months before the date referred to in art. 17, by. 2, of the agreement (that is, on January 1, 2005), if the condition referred to in art. 18, by. 1, of the agreement will be filled. If the Contracting Parties do not decide that the condition will be met, they adopt a common agree a new date for the implementation of the agreement.
Under art. 18, by. 1, the application of the 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 fiscal Questions) 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 the agreement , with the exception of art. 15 of the agreement, and providing for the same dates of implementation.
On the basis of the negotiations that took place between the European Community and the Swiss Confederation, I understand that, in accordance with art. 17, by. 2, of the agreement, the Swiss Confederation will not apply the agreement from 1 July 2005 and, subject to the completion of the Swiss constitutional requirements on that date.
Thank you to confirm that you agree to the date of July 1, 2005 as the new date of the agreement, in accordance with art. 18, by. 2, of the agreement and that the Swiss Government will do everything that is in its power to ensure that date is respected. Please also confirm that, on the basis of the information provided on the occasion of the negotiations on June 21, 2004, and without prejudice to the next paragraph, the Swiss Confederation recognizes that the conditions referred to in art. 18, by. 1, will be fulfilled.
I agree that the Switzerland will be required to apply the provisions of the agreement from 1 July 2005 if all EU Member States and each of the countries and territories referred to in art. 18, by. 1, of the agreement apply the savings tax measures that are referred to from the same date. This same condition is also applicable to each Member State of the EU.
Please believe, Sir, the assurance of my high consideration.
Done at Luxembourg, 26 October 2004 to the European Community: Piet Hein Donner Antonio Vitorino B. Letter from the Swiss Confederation Sir, I have the honour to acknowledge receipt of your letter dated of today worded as follows: 'I have the honour to refer to the agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in directive 2003/48/EC of the Council tax to the savings income in the form of interest payments. This agreement, which will be ratified or approved by the Contracting Parties in accordance with their own procedures, will be applied from a date determined in accordance with the procedure referred to in art. 18, by. 2, of the agreement.
Art. 18, by. 2, provides that the Contracting Parties decide, by mutual agreement, at least six months before the date referred to in art. 17, by. 2 of the agreement (that is, on January 1, 2005), if the condition referred to in art. 18, by. 1, of the agreement will be filled. If the Contracting Parties do not decide that the condition will be met, they adopt a common agree a new date for the implementation of the agreement.
Under art. 18, by. 1, the application of the 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 fiscal Questions) 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 the agreement , with the exception of art. 15 of the agreement, and providing for the same dates of implementation.
On the basis of the negotiations that took place between the European Community and the Swiss Confederation, I understand that, in accordance with art. 17, by. 2, of the agreement, the Swiss Confederation will not apply the agreement from 1 July 2005 and, subject to the completion of the Swiss constitutional requirements on that date.
Thank you to confirm that you agree to the date of July 1, 2005 as the new date of the agreement, in accordance with art. 18, by. 2, of the agreement and that the Swiss Government will do everything that is in its power to ensure that date is respected. Please also confirm that, on the basis of the information provided on the occasion of the negotiations on June 21, 2004, and without prejudice to the next paragraph, the Swiss Confederation recognizes that the conditions referred to in art. 18, by. 1, will be fulfilled.
I agree that the Switzerland will be required to apply the provisions of the agreement from 1 July 2005 if all EU Member States and each of the countries and territories referred to in art. 18, by. 1, of the agreement apply the savings tax measures that are referred to from the same date. This same condition is also applicable to each Member State of the EU."
On the basis of the negotiations that took place between the European Community and the Swiss Confederation, I am able to confirm that the Swiss Confederation on July 1, 2005 as new date of application of the above-mentioned agreement, subject to the completion of the Swiss constitutional requirements on that date. I confirm that the Swiss Government will do everything that is in its power to ensure that date is respected.
I can confirm that, subject to the technical audit by my services of the information provided during the negotiations of 21 June 2004 that I confirm before the signing of the agreement on the basis of the final of the relevant agreements, the Swiss Confederation recognizes that the conditions referred to in art. 18, by. 1, will be met, without prejudice to the provisions of the following paragraph.
I agree that the Switzerland will be required to apply the provisions of the agreement from 1 July 2005 if all EU Member States and each of the countries and territories referred to in art. 18, by. 1, of the agreement apply the savings tax measures that are referred to from the same date. I accept that this same condition is also applicable to each Member State of the EU.
Please believe, Sir, the assurance of my high consideration.
Done at Luxembourg on 26 October 2004 to the Swiss Confederation: Micheline Calmy-Rey Joseph Deiss RO 2005 2593; FF 2004 5593 art. 1 al. let 1. b FY Dec. 17. 2004 (RO 2005 2557) RS 0.641.926.81 State 11. July 2006

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