This document is an excerpt from the EUR-Lex website
Document 22024A02889
Agreement between the European Union and the Kingdom of Norway amending the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax
Agreement between the European Union and the Kingdom of Norway amending the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax
Agreement between the European Union and the Kingdom of Norway amending the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax
ST/16404/2023/INIT
OJ L, 2024/2889, 19.11.2024, ELI: http://data.europa.eu/eli/agree_internation/2024/2889/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)
In force
ELI: http://data.europa.eu/eli/agree_internation/2024/2889/oj
|
Official Journal |
EN L series |
|
2024/2889 |
19.11.2024 |
AGREEMENT BETWEEN THE EUROPEAN UNION AND THE KINGDOM OF NORWAY AMENDING THE AGREEMENT BETWEEN THE EUROPEAN UNION AND THE KINGDOM OF NORWAY ON ADMINISTRATIVE COOPERATION, COMBATING FRAUD AND RECOVERY OF CLAIMS IN THE FIELD OF VALUE ADDED TAX
THE EUROPEAN UNION, hereinafter referred to as ‘the Union’,
and
THE KINGDOM OF NORWAY, hereinafter referred to as ‘Norway’,
hereinafter referred to as ‘the Parties’,
RECOGNISING that the cooperation framework under the Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax (1) (‘the Agreement’) which entered into force on 1 September 2018 has had very positive outcomes,
WHEREAS Council Regulation (EU) 904/2010, as amended by Council Regulation (EU) 2018/1541 (2), has introduced new tools for administrative cooperation in the European Union legislation,
RECOGNISING that the states would benefit from an extension of the cooperation tools that would allow a more effective cooperation, in particular as regards administrative enquiries carried out jointly and the Eurofisc follow-up actions,
WHEREAS in order to ensure the effective and efficient monitoring of value added tax (VAT) levied on cross-border transactions, the possibility of administrative enquiries carried out jointly that enable officials from two or more states to form a single team and actively take part in an administrative enquiry carried out jointly will help to ensure proper enforcement of VAT and avoid the duplication of work for tax authorities and the administrative burden for businesses,
WHEREAS in order to combat the most serious cross-border frauds, it is necessary to reinforce the work of the Eurofisc liaison officials to access, exchange, process and analyse all necessary information swiftly and to coordinate any follow-up actions,
WHEREAS references to Directive 95/46/EC of the European Parliament and of the Council (3) should be updated by references to Regulation (EU) 2016/679 of the European Parliament and of the Council (4),
NOTING that Regulation (EU) 2016/679, which has been incorporated with adaptations in Annex XI to the Agreement on the European Economic Area (5) (‘EEA Agreement’), is subject to the institutional framework of the EEA Agreement and Norway has adjusted its legislation to comply with those provisions at least in the areas covered by the scope of the EEA Agreement,
NOTING that Regulation (EU) 2018/1725 of the European Parliament and of the Council (6) applies to the processing of personal data by the Union institutions and bodies for the purpose of the Agreement,
HAVE AGREED AS FOLLOWS:
ARTICLE 1
The Agreement between the European Union and the Kingdom of Norway on administrative cooperation, combating fraud and recovery of claims in the field of value added tax is amended as follows:
|
(1) |
recital 5 is replaced by the following: ‘AWARE that the states should apply rules on confidentiality pursuant to national law and the protection of personal data pursuant to point 5e of Annex XI to the EEA Agreement,’ ; |
|
(2) |
Article 6 is amended as follows:
|
|
(3) |
Article 13 is amended as follows:
|
|
(4) |
Article 15 is amended as follows:
|
|
(5) |
Article 42 is replaced by the following:
‘Dispute settlement Any dispute between the Parties relating to the interpretation or application of this Agreement, with the exception of disputes related to the application of point 5e of Annex XI to the EEA Agreement, shall be resolved through consultations within the Joint Committee. The Parties shall present the relevant information required for a thorough examination of the matter to the Joint Committee, with a view to resolving the dispute.’. |
ARTICLE 2
Entry into force
This Agreement shall enter into force on the first day of the second month following the date on which the Parties have notified each other of the completion of the internal legal procedures necessary for that purpose. In the case of the Union, the written notification shall be sent to the Secretary-General of the Council of the European Union, and in the case of Norway, to the Ministry of Foreign Affairs.
ARTICLE 3
Authentic texts
This Agreement is drawn up in duplicate in the Bulgarian, Croatian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Norwegian languages, each of these texts being equally authentic.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries, duly authorised to this effect, have signed this Agreement.
(1) OJ EU L 195, 1.8.2018, p. 3.
(2) Council Regulation (EU) 2018/1541 of 2 October 2018 amending Regulations (EU) No 904/2010 and (EU) 2017/2454 as regards measures to strengthen administrative cooperation in the field of value added tax (OJ EU L 259, 16.10.2018, p. 1).
(3) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ EU L 281, 23.11.1995, p. 31).
(4) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU L 119, 4.5.2016, p. 1).
(5) Agreement on the European Economic Area (OJ EU L 1, 3.1.1994, p. 3).
(6) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ EU L 295, 21.11.2018, p. 39).
ELI: http://data.europa.eu/eli/agree_internation/2024/2889/oj
ISSN 1977-0677 (electronic edition)