4 -Quando a autoridade competente de um Estado membro considere que as informações que obteve da autoridade competente de outro Estado membro são susceptíveis de serem úteis para a autoridade competente de um terceiro Estado membro, pode transmiti-las a esta última com o acordo da autoridade competente que as tenha fornecido.
AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS ON THE TAXATION OF SAVINGS INCOME AND THE PROVISIONAL APPLICATION THEREOF.
A - Letter from the Portuguese Republic
Sir:
I have the honour to refer to the texts of respectively the Convention between the Kingdom of the Netherlands, in respect of the Netherlands Antilles, and Belgium, Austria and Luxembourg, Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments, the Convention between the Kingdom of the Netherlands, in respect of the Netherlands Antilles, and the EU member State, other than Belgium, Austria and Luxembourg, Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments, the Convention between the Kingdom of the Netherlands, in respect of Aruba, and the EU member State, other than Belgium, Austria and Luxembourg, Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments and the Convention between the Kingdom of the Netherlands, in respect of Aruba, and Belgium, Austria and Luxembourg, Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments, that resulted from the negotiations with the Netherlands Antilles and Aruba on a savings tax agreement, and that were annexed, respectively as annex I, II, III and IV, to the Outcome of Proceedings of the High Level Working Party of the Council of Ministers of the European Union of 12th March (doc. 7660/04 FISC 68).
In view of the above mentioned texts, I have the honour to propose to you the Convention Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments as contained in appendix no. 1 to this letter, and our mutual undertaking to comply at the earliest possible date with our internal constitutional formalities for the entry into force of this Convention and to notify each other without delay when such formalities are completed.
Pending the completion of these internal procedures and the entry into force of this Convention Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments, I have the honour to propose to you that Portugal and the Kingdom of the Netherlands in respect of Aruba apply this Convention provisionally, within the framework of our respective domestic constitutional requirements, as from 1st January 2005, or the date of application of Council Directive no. 2003/48/EC, of the 3rd June 2003, on taxation of savings income in the form of interest payments, whichever is later.
I have the honour to propose that, if the above is acceptable to your Government, this letter and your confirmation shall together constitute an agreement between Portugal and the Kingdom of the Netherlands in respect of Aruba.
Please accept, Sir, the assurance of our highest consideration.
For the Portuguese Republic:
Maria Manuela Dias Ferreira Leite, Minister of State and Finance.
Done at Lisbon, on 22nd June 2004, in the English language, in three copies.
B - Letter from Aruba
Sir:
I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:
«Sir:
I have the honour to refer to the texts of respectively the Convention between the Kingdom of the Netherlands, in respect of the Netherlands Antilles, and Belgium, Austria and Luxembourg, Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments, the Convention between the Kingdom of the Netherlands, in respect of the Netherlands Antilles, and the EU member State, other than Belgium, Austria and Luxembourg, Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments, the Convention between the Kingdom of the Netherlands, in respect of Aruba, and the EU member State, other than Belgium, Austria and Luxembourg, Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments and the Convention between the Kingdom of the Netherlands, in respect of Aruba, and Belgium, Austria and Luxembourg, Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments, that resulted from the negotiations with the Netherlands Antilles and Aruba on a savings tax agreement, and that were annexed, respectively as annex I, II, III and IV, to the Outcome of Proceedings of the High Level Working Party of the Council of Ministers of the European Union of 12th March (doc. 7660/04 FISC 68).
In view of the above mentioned texts, I have the honour to propose to you the Convention Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments as contained in appendix no. 1 to this letter, and our mutual undertaking to comply at the earliest possible date with our internal constitutional formalities for the entry into force of this Convention and to notify each other without delay when such formalities are completed.
Pending the completion of these internal procedures and the entry into force of this Convention Concerning the Automatic Exchange of Information Regarding Savings Income in the Form of Interest Payments, I have the honour to propose to you that Portugal and the Kingdom of the Netherlands in respect of Aruba apply this Convention provisionally, within the framework of our respective domestic constitutional requirements, as from 1st January 2005, or the date of application of Council Directive no. 2003/48/EC, of the 3rd June 2003, on taxation of savings income in the form of interest payments, whichever is later.
I have the honour to propose that, if the above is acceptable to your Government, this letter and your confirmation shall together constitute an Agreement between Portugal and the Kingdom of the Netherlands in respect of Aruba.
Please accept, Sir, the assurance of our highest consideration.»
I am able to confirm that Aruba is in agreement with the contents of your letter.
Please accept, Sir, the assurance of my highest consideration.
For Aruba:
(ver documento original)
Done at The Hague, on 9th November 2004, in the English language, in three copies.
APPENDIX 1
CONVENTION BETWEEN THE KINGDOM OF THE NETHERLANDS IN RESPECT OF ARUBA AND THE PORTUGUESE REPUBLIC CONCERNING THE AUTOMATIC EXCHANGE OF INFORMATION ABOUT SAVINGS INCOME IN THE FORM OF INTEREST PAYMENTS.
The Government of the Kingdom of the Netherlands in respect of Aruba and Portugal, desiring to conclude a convention which enables savings income in the form of interest payments made in one of the Contracting States to beneficial owners who are individuals resident in the other Contracting State, to be made subject to effective taxation in accordance with the laws of the latter Contracting State, in conformity with Directive no. 2003/48/EC, of the Council of the European Union, of the 3rd June 2003, on taxation of savings income in the form of interest payments, have agreed as follows:
Article 1
General scope