[ParlTrack]

Martin HLAVÁČEK, Gilles BOYER, Engin EROGLU, Monica SEMEDO, Eva Maria POPTCHEVA

Proposal for a directive
Recital 9

(9) At international level, the Organisation for Economic Co-operation and Development (OECD) Crypto-Asset Reporting Framework28 aims at introducing greater tax transparency on crypto-assets and its reporting. Union rules should take into account the framework developed by the OECD in order to increase effectiveness of information exchange and to reduce the administrative burden. Member States should use the Commentaries on the Model Competent Authority Agreement and the Crypto- Asset Reporting Framework, developed by the OECD, in order to ensure consistent implementation and application of this Directive. __________________ 28 https://www.oecd.org/tax/exchange-of- tax-information/crypto-asset-reporting- framework-and-amendments-to-the- common-reporting-standard.pdf

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Ondřej KOVAŘÍK, Gilles BOYER, Engin EROGLU, Monica SEMEDO, Eva Maria POPTCHEVA

Proposal for a directive
Recital 14

(14) The Directive applies to crypto- assets service providers regulated by and authorised under Regulation XXX and to crypto-asset operators that are not. Both are referred to as reporting crypto-asset service providers as they are required to report under this Directive. The general understanding of what constitutes crypto- assets is very broad and includes those crypto-assets that have been issued in a decentralised manner, as well as stablecoins, including e-money tokens as defined in Regulation XXX, and certain non-fungible tokens (NFTs). Crypto-assets that are used for payment or investment purposes are reportable under this Directive. Therefore, reporting crypto-asset service providers should consider on a case-by-case basis whether crypto-assets can be used for payment and investment purposes, taking into account the exemptions provided in Regulation XXX, in particular in relation to a limited network and certain utility tokens..

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO

Proposal for a directive
Recital 26

(26) It is crucial to reinforce the provisions of Directive 2011/16/EU concerning the information to be reported or exchanged to adapt to new developments of different markets and consequently effectively tackle identified conducts for tax fraud, tax avoidance and tax evasion. Those provisions should reflect the developments observed in the internal market and at international level leading to an effective reporting and exchange of information. Consequently, the Directive includes among others the latest additions to the Common Reporting Standard of the OECD, the integration of e-money and central bank digital currency provisions, ~~a clear and harmonised framework for compliance measures,~~ and the extension of the scope of cross-border rulings to high net worth individuals. Member States should use the Commentaries on the Model Competent Authority Agreement and the Common Reporting Standard, developed by the OECD, in order to ensure consistent implementation and application of this Directive.

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK

Proposal for a directive
Recital 29

(29) The Tax Identification Number (‘TIN’) is essential for Member States to match information received with data present in national databases. It increases Member States’ capability of identifying the relevant taxpayers and correctly assessing the related taxes. Therefore, it is important that Member States require that TIN is indicated in the context of exchanges related to financial accounts, advance cross-border rulings and advance pricing agreements, country-by-country reports, reportable cross-border arrangements, and information on sellers on digital platforms and crypto-assets. However, when the TIN is not available, such an obligation may not be fulfilled by the competent authorities of Member States .

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Eva Maria POPTCHEVA, Ondřej KOVAŘÍK, Monica SEMEDO, Engin EROGLU

Proposal for a directive
Recital 35 a (new)

(35a) Information acquired through the reporting or the exchange of information under Directive 2011/16/EU should be effectively used by each Member State. Therefore, a mechanism ensuring effective use, including risk analysis of the data, should be introduced in each Member State.

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK, Billy KELLEHER

Proposal for a directive
Recital 39

(39) In order to ensure ~~compliance with~~a proper enforcement of the rules under theis Directive ~~2011/16/EU~~, Member States should lay down the rules on penalties, and other compliance measures that should be effective, proportionate and dissuasive. Each Member State should apply those rules in accordance with their national laws and the provisions set forth in this Directpplicable to infringements of national provisions on mandatory exchange of information reported by crypto-asset service providers, that should be effective, proportionate and dissuasive.

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK, Billy KELLEHER

Proposal for a directive
Recital 40

(40) To guarantee an adequate level of effectiveness in all Member States, minimum levels of penalties should be established in relation to two conducts that are considered grievous: namely failure to report after two administrative reminders and when the provided information contains incomplete, incorrect or false data, which substantially affects the integrity and reliability of the reported information. Incomplete, incorrect or false data substantially affect the integrity and reliability of the reported information when they amount to more than 25 % of the total data that the taxpayer or reporting entity should have correctly reported in accordance with the required information set forth in Annex VI, Section II, subparagraph (B). These minimum amounts of penalties should not prevent Member States from applying more stringent sanctions for these two types of infringements. Member States still have to apply effective, dissuasive and proportional penalties for other types of infringements.deleted

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK, Billy KELLEHER

Proposal for a directive
Recital 41

~~(41) In order to take into account possible changes in the prices for goods and services, the Commission should evaluate the penalties provided for in this Directive every 5 years.~~deleted

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Eva Maria POPTCHEVA, Ondřej KOVAŘÍK

Proposal for a directive
Recital 42 a (new)

(42a) Following the judgment of the Court of Justice of the European Union in Case C-694/20, Directive 2011/16/EU should be amended in such a manner that its provisions do not have the effect of requiring a lawyer acting as an intermediary, where he or she is exempt from the reporting obligation, on account of the legal professional privilege by which he or she is bound, to notify any other intermediary who is not his or her client of that intermediary’s reporting obligations while preserving the obligation of intermediaries to notify without delay his or her client of his or her reporting obligations.

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Gilles BOYER, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK

Proposal for a directive
Recital 44 a (new)

(44a) International data exchange for tax purposes constitutes a necessary instrument to fight tax fraud in a globalized world. Given that there is an EU-wide standard for personal data protection, uniform rules regarding exchanges with third countries and ensuring data protection in international exchanges of tax information, both by the transferring Member States and by the receiving jurisdiction, should be established.

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)

Directive 2011/16/EU
Article 8ab – paragraph 5 – subparagraph 1

(3a) in Article 8ab, paragraph 5, the first subparagraph is replaced by the following: "5. Each Member State may take the necessary measures to give intermediaries the right to a waiver from filing information on a reportable cross-border arrangement where the reporting obligation would breach the legal professional privilege under the national law of that Member State. In such circumstances, each Member State shall take the necessary measures to require any intermediar~~ies to notify, without delay, any other~~y that has been granted a waiver to notify, without delay, his or her client, if such client is an intermediary or, if there is no such intermediary, if such client is the relevant taxpayer, of their reporting obligations under paragraph 6. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02011L0016-20230101)

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 2011/16/EU
Article 8ad – paragraph 4 a (new)

4a. The Commission shall not have access to information referred to in points (a) and (b) of paragraph 3 of this Article.

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Eva Maria POPTCHEVA, Ondřej KOVAŘÍK

Proposal for a directive
Article 1 – paragraph 1 – point 6

Directive 2011/16/EU
Article 8ad – paragraph 6

6. Notwithstanding paragraph 3, it is not necessary to report the information in relation to a Crypto-Asset User where the Reporting Crypto-Asset Service Provider has obtained adequate assurances that another Reporting Crypto-Asset Service Provider fulfils all reporting requirements of this Article in respect of that Crypto- Asset User.deleted

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Gilles BOYER, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK, Eva Maria POPTCHEVA

Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c

Directive 2011/16/EU
Article 16 – paragraph 7

7. The competent authority of each Member State shall put in place an effective mechanism to ensure the ~~assessment~~use of data acquired through the reporting or the exchange of information under Articles 8 to 8ad within the scope of this Directive as well as to put in place procedures for the systematic risk analysis of the data.;

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a

Directive 2011/16/EU
Article 21 – paragraph 5a – subparagraph 2

The competent authorities of all Member States shall have access to the information recorded in that directory. ~~The Commission shall also~~On information communicated according to Article 8ad(2) and (3), the competent authority of a Member State shall, however, have access ~~to the~~only to information ~~recorded in that directory for the purposes of complying wi~~concerning persons resident in that Member State. The Commission shall also have access to the i~~ts obligations under this D~~nformation recorded in that direct~~ive~~ory, however with the limitations set out in Article 8a(8), Article 8ab(17) and Article 8ad(8), and only for the purpose of collecting statistics. The necessary practical arrangements shall be adopted by the Commission in accordance with the procedure referred to in Article 26(2).

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK

Proposal for a directive
Article 1 – paragraph 1 – point 11

Directive 2011/16/EU
Article 23 – paragraph 3

3. Member States shall ~~communicate to the Commission a yearly assessment of~~assess the effectiveness of the automatic exchange of information ~~referred to in Articles 8 to 8ad as well as the practical results achieved~~, including in combatting tax evasion and tax avoidance, and shall inform the Commission once a year. The Commission shall, by means of implementing acts, adopt the form and the conditions of communication for that yearly assessment. Those implementing acts shall be adopted in accordance with the procedure referred to in Article 26(2). The Commission shall also examine and evaluate the compliance cost that can result from a possible over-reporting situation.

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK

Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)

Directive 2011/16/EU
Article 24 – paragraph 2 a (new) and 2 b (new)

(11a) In Article 24, the following paragraphs 2a and 2b are added: "Article 24 Exchange of information with third countries 2a. The processing of personal data for the purposes of the exchange of tax relevant information with third countries, based on an international agreement, shall be deemed of public interest under Regulation (EU) 2016/679 of the European Parliament and of the Council. 2b. In case of an automatic exchange, Member States shall ensure that the level of protection of natural persons guaranteed by Regulation (EU) 2016/679 is not undermined. "

2023/04/28
Committee: ECON

Martin HLAVÁČEK, Engin EROGLU, Monica SEMEDO, Ondřej KOVAŘÍK, Billy KELLEHER