COUNCIL DIRECTIVE 2003/48/EC of 3 June
2003 on taxation of savings income in the form of interest
payments
Article 17
Transposition
1. Before 1 January 2004 Member States shall adopt
and publish the laws, regulations and administrative provisions
necessary to comply with this Directive. They shall forthwith
inform the Commission thereof.
2. Member States shall apply these provisions from 1 January 2005
provided that:
(i) the Swiss Confederation, the Principality of Liechtenstein,
the Republic of San Marino, the Principality of Monaco and the
Principality of Andorra apply from that same date measures
equivalent to those contained in this Directive, in accordance
with agreements entered into by them with the European Community,
following unanimous decisions of the Council;
(ii) all agreements or other arrangements are in place, which
provide that all the relevant dependent or associated territories
(the Channel Islands, the Isle of Man and the dependent
or associated territories in the Caribbean) apply from that same
date automatic exchange of information in the same manner as is
provided for in Chapter II of this Directive, (or, during the
transitional period defined in Article 10, apply a withholding tax
on the same terms as are
contained in Articles 11 and 12).
3. The Council shall decide, by unanimity, at least six months
before 1 January 2005, whether the condition set out in paragraph
2 will be met, having regard to the dates of entry into force of
the relevant measures in the third countries and dependent or
associated territories concerned. If the Council does not decide
that the condition will be met, it shall, acting
unanimously on a proposal by the Commission, adopt a new date for
the purposes of paragraph 2.
4. When Member States adopt the provisions necessary to comply
with this Directive, they shall contain a reference to this
Directive or be accompanied by such a reference on the
occasion of their official publication. Member States shall
determine how such reference is to be made.
5. Member States shall forthwith inform the Commission thereof and
communicate to the Commission the main provisions of national law
which they adopt in the field covered by
this Directive and a correlation table between this Directive and
the national provisions adopted.
|