http://www.legislation.gov.uk/id/eudn/1996/565

Commission Decision

of 11 September 1996

authorizing Sweden not to take into account certain categories of transactions and to use certain approximate estimates for the calculation of the VAT own resources base

(Only the Swedish text is authentic)

(96/565/Euratom, EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to the Treaty establishing the European Atomic Energy Community,

Having regard to Council Regulation (EEC, Euratom) No 1553/89 of 29 May 1989 on the definitive uniform arrangements for the collection of own resources accruing from value-added tax1, and in particular Article 13 thereof,

Whereas, under Article 28 (3) of the Council Directive 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes — Common system of value-added tax: uniform basis of assessment2, hereinafter called ‘the sixth Directive’, the Member States may continue to exempt or tax certain transactions; whereas these transactions must be taken into account for the determination of the VAT resources base;

Whereas, for the application of the provisions in Article 28 (3) of the sixth Directive, paragraph 2 (aa) of Annex IX (Taxation) to the Act of Accession of the Kingdom of Sweden to the European Communities3, authorizes Sweden to exempt certain transactions listed in Annex F to the sixth Directive;

Whereas Sweden is unable to make a precise calculation of the VAT own resources base for certain categories of transactions listed in Annex F, point 2 to the sixth Directive, whereas such calculation is likely to involve an unjustified administrative burden in relation to the effect of these transactions on Sweden's total VAT resources base; whereas Sweden should therefore be authorized not to take these transactions into account for the calculation of the VAT base;

Whereas Sweden is able to make a calculation using approximate estimates for four categories of transactions listed in Annex F to the sixth Directive; whereas Sweden should therefore be authorized to calculate the VAT base using approximate estimates;

Whereas the Advisory Committee on Own Resources has approved the report recording the opinions of its members on this Decision,

HAS ADOPTED THIS DECISION: