ORGANISATION FOR EUROPEAN RESTRICTED ECONOMIC CO-OPERATION Paris, 18th June, 1960 FC/WPLI(G0)3, Seale 6 or. Engl. WORKING PARTY NO. 14 OF THE PISCAL COMMITTEE WORKING PARTY NO. 14 OF THE RISCAL COMMITTEE (AUSTRIA - SWEDEN) ND REPORT OW THE DRAPT ARTICER, CHE MUTUAL, (Received on 17th June, 1960) At its 18th Session the Fiscal Committee discussed Article E on the Mutual Agreement Procedure as drafted in document FC/WP14(59)1. In drafting the following new version of the Article the Workin, as far as possible the different delegations, i Party has taken into consideration opinions exproaned by thoBC/WP14(60)3, -2- MUTUAL AGREEMENT PROCEDURE TICIE E sult or will result in taxation which is not in accordance with © provisions of this Convention, he may, notwithstanding the ternal legal remedies, present his case to the competent ) If the objection 1s deemed to be Justified the authority, mpetent under the provision of paragraph (1), shall if it is hwilling to renounce its own tax claim, endeavour to come to an ‘eement’ with the competent authority of the other Contracting ate, with a view to the avoidance of taxation which is not in cordance with the provisions of this Convention. ) The competent authorities of the Contracting States shall deavour to resolve by mutual agreement any difficulties or ubts arising as to the interpretation or application of this nvention. ‘They ‘shall also consult together for the elimina on of double taxation in cases not provided for in this Conven- Ons ) The competont authorities of the Contracting States shall mmnicate with each other directly for the purpose of reaching agreement: In the sense of the preceeding paragraphs. When seems adviseble in order to reach agreement to have an oral ‘change of opinions, such exchange may take place through a int conmission consisting of representatives of the competent thorities of the Contracting States. te: In the commentary there should be mentioned, i.a. (a) Time Lindt for presenting claims under paragraph (1), (b) Extension bilaterally of second sentence of paragraph ) to conclusion of agreements, dependent upon constitutional Les. (c) Exemplitying the second sentence of paragraph (3) by ie case of a resident of a third State having permanent ttablishments in both Contracting States. (4) Creation of a Consultative Commission.