EC Publishes Details Of EU Anti-Fraud Agreement With Switzerland

by Ulrika Lomas, Tax-News.com, Brussels

23 February 2009

The European Council Secretariat has today published provisional details of an anti-fraud agreement between European Union Member States and Switzerland.

The anti-fraud agreement's aim is to counter fraud and other illegal activities affecting the financial interests of both the EU and Switzerland. It contains provisions relating to administrative assistance and to mutual legal assistance in criminal matters for the protection of financial interests. Within the scope of the agreement are indirect tax (VAT and excise duties) and customs offences (including smuggling), corruption and money laundering. Direct taxation is excluded from the scope of the agreement.

Pending ratification by all member states, the agreement can be applied provisionally by means of a declaration by contracting parties as foreseen in Article 44(3). By the terms of the said article, a contracting party can apply at any time the agreement with any other contracting party having made the same declaration. Thus, since the European Community, some member states and Switzerland have made such a declaration, the agreement will be applicable bilaterally between them as from April 8 2009, except for Germany for which it will be applicable from April 9, Finland from April 15 and the United Kingdom from April 20, noted the EU Council’s statement.

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