{
  "url": "https://openlegislation.uk/eu-decision-2004-856/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2004-856/introduction.json",
  "legislation": "eudn/2004/856",
  "legislation_title": "Council Decision of 7 December 2004 amending Decision 2000/746/EC authorising the French Republic to apply a measure derogating from Article 11 of the sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes (2004/856/EC)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2004-856",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Council Decision\nof 7 December 2004\namending Decision 2000/746/EC authorising the French Republic to apply a measure derogating from Article 11 of the sixth Council Directive (77/388/EEC) on the harmonisation of the laws of the Member States relating to turnover taxes\n(2004/856/EC)\nTHE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty establishing the European Community,\nHaving regard to the sixth 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, and in particular Article 27(1) thereof,\nHaving regard to the proposal from the Commission,\nWhereas:\n(1)\nBy Decision 2000/746/EC, the Council authorised the French Republic, by way of derogation from Article 11(A)(1)(a) of Directive 77/388/EEC, to include in the taxable amount of a supply of goods or a supply of services the value of any gold used by the supplier and provided by the recipient in cases where the supply of the gold to the recipient is exempt in accordance with Article 26b of Directive 77/388/EEC.\n(2)\nThe aim of that derogation was to avoid abuse of the exemption for investment gold and thus to prevent certain types of tax evasion or avoidance.\n(3)\nBy letter registered with the Secretariat-General of the Commission on 6 July 2004, the French Government requested an extension of Decision 2000/746/EC, which expires on 31 December 2004.\n(4)\nIn accordance with Article 27(2) of Directive 77/388/EEC, the Commission informed the other Member States by letter dated 10 August 2004 of the request made by the French Republic and notified the French Republic that it had all the information it considered necessary for appraisal of the request.\n(5)\nAccording to the French authorities, the derogation authorised by Decision 2000/746/EC has been effective in achieving the aims stated above.\n(6)\nThe derogations pursuant to Article 27 of Directive 77/388/EEC which counter VAT avoidance linked to the exemption for investment gold may be included in a future proposal for a directive rationalising some of the derogations pursuant to that Article.\n(7)\nIt is therefore necessary to extend the validity of the derogation granted under Decision 2000/746/EC until the entry into force of a directive rationalising the derogations pursuant to Article 27 of Directive 77/388/EEC which covers the avoidance of value added tax linked to the exemption for investment gold or until 31 December 2009, whichever is the earlier.\n(8)\nThe derogation will have no negative impact on the European Communities' own resources provided from VAT,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 145, 13.6.1977, p. 1. Directive as last amended by Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 302, 1.12.2000, p. 61."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2004/856/introduction",
    "retrieved_at": "2026-11-01T15:18:04.481804+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}