AGREEMENT
IMPLEMENTING THE PROTOCOL ON THE PRIVILEGES AND IMMUNITIES OF THE
EUROPEAN COMMUNITIES IN THE REPUBLIC OF LATVIA
Whereas, pursuant to the Protocol on the Privileges and
Immunities of the European Communities (hereafter "the
Protocol") annexed to the Treaty establishing a single
Council and a single Commission of the European Communities, the
institutions of the European Communities are required to
cooperate with the competent authorities of the Member States
concerned by the application of the Protocol in question, the
Republic of Latvia and the European Communities agree on the
following arrangements:
Article 1
Extent of exemption
In accordance with the second indent of Article 3 of the
Protocol, the authorities of the Republic of Latvia shall grant
the European Communities exemption from VAT and all other duties
and taxes on the goods and services which the European
Communities acquire for their official use within the limits of
Article 2 and under the conditions established in Article
3.
Article 2
Volume of purchases
1. The authorities of the Republic of Latvia shall apply
the exemption provided for above in Article 1 within the limits
set by the host Member State (the country in which the European
Community institution acquiring the goods or receiving the
services is established).
2. Where the Republic of Latvia is the host Member State,
exemption from taxes on the supply of goods or services shall be
granted, provided that the value of such goods or services
exceeds 125 LVL including tax per invoice.
Article 3
Exemption for local and intra-Community
purchases
1. In the case of local purchases of goods or services,
the authorities of the Republic of Latvia shall give effect to
the exemption provided for above in Article 1 by reimbursing VAT
and other indirect taxes charged to the European Communities. To
that end, requests for reimbursement shall be sent annually by
the European Communities to the Ministry of Foreign Affairs of
the Republic of Latvia. The authorities of the Republic of Latvia
shall ensure that reimbursement is made within six months after
receipt of the request.
2. In the case of VAT on intra-Community purchases of
goods and services, the authorities of the Republic of Latvia
shall grant the European Communities direct exemption in
accordance with Article 15(10) of Council Directive
77/388/EEC1, provided that the supplier has obtained a
form certifying exemption of the goods and services to be
supplied, duly endorsed by the competent authorities.
3. In the case of excise duty on intra-Community
purchases of goods, the authorities of the Republic of Latvia
shall grant the European Communities direct exemption under
Article 23 of Directive 92/12/EEC2 and by applying the
procedure provided for in Regulation (CE) No 31/96 of the
Commission3.
Article 4
Staff of the European
Communities
Under Article 13(2) of the Protocol, the authorities of
the Republic of Latvia shall grant exemption from national taxes
to the persons provided for in Article 2 of Council Regulation No
260/684, who are subject to Community taxation on
their wages, salaries and emoluments paid by the Communities in
application of Council Regulation No 259/685 with
respect to such wages, salaries and emoluments.
Article 5
Amendments
Any amendment to these provisions shall require the
assent of both parties.
Article 6
Entry into force
These provisions shall enter into force on 1 May
2004.
The Republic of Latvia undertakes to introduce the
necessary laws to implement the above-mentioned exemptions by
that date.
Done in duplicate.
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1 Council Directive 77/388/EEC of 17 May 1977
on the harmonisation of the laws of the Member States relating to
turnover taxes- common system of value added tax: uniform basis
of assessment, OJ L 145 of 13.6.1977, p.1, as amended most
recently by Council Directive 2003/92/EC of 7 October 2003, OJ L
260, p. 8.
2 Council Directive 92/12/EEC of 25 February 1992, on the
general arrangements for products subject to excise duty and on
the holding, movement and monitoring of such products, as last
amended by Council Directive 2000/47/EC of 20 July 2000, OJ L
193, 29.7.2000, p. 73.
3 Commission Regulation (EC) No 31/96 of 10
January 1996 on the excise duty exemption certificate, OJ L 8,
11.01.1996, p. 8.
4 OJ L 56, 04.03.1968, p. 8 last amended by
Council Regulation (EC, Euratom) No 1750/2002 of 30 September
2002, OJ L 264 , 02.10.2002, p. 15.
5 OJ L 56, 04.03.1968, p. 1, last amended by
Council Regulation (EC, ECSC, Euratom) No 628/2000 of 20 March
2000, O J L 076, 25.03.2000, p. 1.
For the Republic of Latvia
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For the Commission
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