In its first report on the review of the Directive the Commission assessed the implementation of the Directive in EU Member States. It concluded that all Member States had transposed the Directive and had started applying the implementing rules from the scheduled dates (i.e. 1 July 2005 and, for Bulgaria and Romania, 1 January 2007).
The Member States have provided the Commission with information regarding the rules on the implementation of the Directive into their national legislation.
Starting already in 2005, Commission staff have also been examining the interpretation of the 2003 Directive and its operation with experts from the tax administrations of Member States in two Commission working groups, the "Working Party IV on Direct Taxation" and the Working Group on "Administrative Cooperation in the field of Direct Taxation". The latter group has helped ensure a monitoring of the correct implementation of the Directive concerning exchange of information and transfer of funds relating to the revenue sharing arrangements between Member States. It has also helped develop the format for information exchange.
At the ECOFIN Council meeting of 7 December 2010, the Commission committed itself to presenting an ad hoc report by mid-2011 on the correct and effective application by Member States of the existing Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income (‘the Directive’).
Commission staff therefore drafted and sent to Member States a detailed questionnaire about the measures taken by them to ensure the proper functioning of the Directive in their respective territories and about their experience of how the agreements with non-EU countries and territories were working. Based on the answers received the ad hoc report was transmitted to the Council on 14 June 2011 in the form of a Commission Staff Working Paper (document SEC(2011) 775 final ) and is only available in English.