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.
___________________________________
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.
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For the Republic of
Latvia
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For the Commission
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