34-(18)

II SÉRIE-A — NÚMERO 4

2 — The competent authority shall endeavour, if the objection appears to it to be justified and if it is not itself able to arrive at a satisfactory solution, to resolve the case by mutual agreement with the competent authority of the other Contracting State, with a view to the avoidance of taxation which is not in accordance with the provisions of this Convention.

3 — The competent authorities of the Contracting States shall endeavour to resolve by mutual agreement any difficulties or doubts arising as to Une interpretation or application of this Convention.

4 — The competent authorities of the Contracting States may communicate with each other direcdy for the purpose of reaching an agreement in the sense of the preceding paragraphs.

Article 26 Exchange of information

1 —The competent authorities of the Contracting States shall exchange such information as is necessary for the carrying out of this Convention and of the domestic laws of the Contracting States concerning taxes covered by this Convention insofar as the taxation thereunder is in accordance with this Convention. Any information so exchanged shall be treated as secret and shall not be disclosed to any persons or authorities other than those concerned with the assessment or collection, which shall include courts, of the taxes which are die subject of the Convention.

2 — In no case shall the provisions of paragraph 1 be consumed so as to impose on one of the Contracting States the obligation:

a) To carry out administrative measures at variance with the laws or the administrative practice of that or of the other Contracting State;

b) To supply particulars which are not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State;

c) To supply information which would disclose any trade, business, industrial, commercial or professional secret or process, or information, the disclosure of which would be contrary to public policy (ordre public).

Article 27 Diplomatic agents and consular officers

Nothing in this Convention shall affect the fiscal privileges of diplomatic agents or consular officers under the general rules of international law or under the provisions of special agreements.

CHAPTER VI

Final provisions

Article 28

Entry into force

1 —This Convention shall be ratified and the instruments of ratification shall be exchanged at Lisbon as soon as possible.

2 — This Convention shall enter into force upon the exchange of instruments of ratification and its provisions shall have effect:

a) In Ireland:

i) As respects income tax and capital gains tax, for any year of assessment beginning on or after the sixth day of April next following the date on which this Convention enters into force;

ii) As respects corporation tax, for any financial year beginning on or after the first day of January in the year next following the year in which this Convention enters into force;

b) In Portugal:

i) In respect of taxes withheld at source, the fact giving rise to them appearing on or after the first day of January in the year next following the year in which this Convention enters into force;

¿0 In respect of other taxes as to income arising in the fiscal year beginning on or after the first day of January in the year next following the year in which this Convention enters into force.

Article 29 Termination

This Convention shall remain in force until terminated by a Contracting State. Either Contracting State may terminate the Convention at any time provided that at least six months prior notice of termination has been given through diplomatic channels.

In such event, this Convention shall cease lo have effect:

a) In Ireland:

i) As respects income tax and capital gains tax, for any year of assessment beginning on or after the sixth day of April next following the date on which the period specified in the said notice of termination expires;

ii) As respects corporation tax, for any financial year beginning on or after the first day of January next following the date on which the period specified in the said notice of termination expires;

b) In Portugal:

/') In respect of taxes withheld at source, the fact giving rise to them appearing on or after the first day of January next following the date on which the period specified in the said notice of termination expires;

ii) In respect of other taxes as to income arising in the fiscal year beginning on or after the first day of January next following the date on which the period specified in the said notice of termination expires.