Written Answers. - Multilateral Agreements.

Ruairí Quinn

Question:

449 Mr. Quinn asked the Minister for Finance the proposed international multilateral agreements under the auspices of his Department being negotiated or prepared; the international organisation, if any, in each case through whose machinery the agreement is being negotiated; if it is proposed to ratify or accede to the agreement, if adopted; if so, if legislation will be required; and if he will make a statement on the matter. [19546/00]

There are no proposed international multilateral agreements under the auspices of my Department being negotiated or prepared at present.

Ruairí Quinn

Question:

450 Mr. Quinn asked the Minister for Finance the international multilateral agreements under the auspices of his Department which have not been signed by the State; the date and place it was opened for signature in each case; the international organisation, if any, through whose machinery the agreement was negotiated; if it is proposed to sign the agreement; if so, when; if legislation is required; and if he will make a statement on the matter. [19561/00]

The following information regarding international multilateral agreements under the auspices of my Department which have not been signed by the State has been supplied by the Revenue Commissioners.

Convention on Customs Treatment of Pool Containers was opened for signature on 15 April 1994 to 14 April 1995 at the offices of the UN in Geneva and negotiated through the United Nations. It is proposed to sign the convention when EU law is enacted which will facilitate its implementation in Ireland. No domestic legislation is required.

Protocol of Amendment to the International Convention on the Simplification and Harmonisation of Customs Procedures was opened for signature on 26 June 1999 and negotiated through the World Customs Organisation. It is proposed to sign the protocol when EU agreement is reached on a common approach. No legislation is required.

Ruairí Quinn

Question:

451 Mr. Quinn asked the Minister for Finance the international multilateral agreements under the auspices of his Department which have been signed but not ratified or acceded to by the State; the date and place it was opened for signature in each case; the international organisation, if any, through whose machinery the agreement was negotiated; if it is proposed to ratify or accede to the agreement; if so, when; if legislation is required; and if he will make a statement on the matter. [19576/00]

There are two international multilateral agreements which have been signed but not yet ratified by my Department. Both are related to the convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises. The 1990 convention is commonly known as the Arbitration Convention. The Arbitration Convention provides for a mutual agreement procedure between tax authorities to avoid double taxation in certain cases involving associated companies. Double taxation can arise where associated companies operate in different member states and trade with each other. If one of the tax authorities concerned, having regard to transactions between the companies, makes an upward adjustment of the taxable profits of one of the companies, double taxation will occur unless the other tax authority makes a compensating adjustment in the taxable profits of the other company. Where this procedure fails to resolve disputes, the convention provides for referral to an independent advisory commission. The details requested are as follows:

Protocol amending the convention of 23 July 1990 on the elimination of double taxation in connection with the adjustment of profits of associated enterprises. The protocol amends the Arbitration Convention so as to extend it for further periods of five years at a time unless at least six months before the expiry of any five year period any of the member states informs the Secretary General of the Council of the European Union of its objection to such extension. Opened for signature on 25 May 1999 in Brussels and was negotiated through EU Council. Under section 826 of the Taxes Consolidation Act, 1997, a Government order is required. It is intended that this order will be implemented by the end of the year.

Convention on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the convention on the elimination of double taxation in connection with the adjustment of profits of associated enterprises. This convention requiring implementation adds the new member states of the European Union, Austria, Finland and Sweden to the Arbitration Convention which was opened for signature on 21 December 1995 in Brussels and negotiated through EU Council. Under section 826 of the Taxes Consolidation Act, 1997 a Government order is required. It is intended that this order will be implemented by the end of the year.
There are five international multilateral agreements which have been signed but not yet ratified by the Revenue Commissioners.
Convention drawn up on the basis of Article K.3 of the Treaty on European Union on the use of information technology for customs purposes, was opened for signature on 26 July 1995 in Brussels and negotiated through the European Union. It is proposed to ratify this convention by the end of 2000. Legislation is required.
Agreement on the provisional application between certain member states of the European Union of the convention drawn up on the basis of Article K.3 of the Treaty on European Union on the use of information technology for customs purposes was opened for signature on 26 July 1995 in Brussels and negotiated through the European Union. It is proposed to ratify this agreement by the end of 2000. Legislation is required.
Protocol drawn up on the basis of Article K.3 of the Treaty on European Union on the interpretation by way of preliminary rulings by the Court of Justice of the European Communities of the Convention on the use of information technology for customs purposes was opened for signature on 29 November 1996 in Brussels and negotiated through the European Union. It is proposed to ratify this protocol by the end of 2000. Legislation is required.
Protocol drawn up on the basis of Article K.3 of the Treaty on European Union on the scope of the laundering of proceeds in the convention on the use of information technology for customs purposes and the inclusion of the registration number of the means of transport in the Convention was opened for signature on 12 March 1999 in Brussels and negotiated through the European Union. It is proposed to ratify this protocol by the end of 2000. Legislation is required.
Convention drawn up on the basis of Article K.3 of the Treaty on European Union on mutual assistance and co-operation between customs administrations was opened for signature on 18 December 1997 in Brussels and negotiated through the European Union. It is proposed to ratify this convention by the end of 2000. Legislation is required.