BETA


2015/0076(NLE) EC/Switzerland agreement: taxation of savings income in the form of interest payments. Protocol

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead ECON KOFOD Jeppe (icon: S&D S&D) SCHWAB Andreas (icon: PPE PPE), LOONES Sander (icon: ECR ECR), VAN NIEUWENHUIZEN Cora (icon: ALDE ALDE)
Committee Opinion JURI
Committee Opinion IMCO
Committee Opinion LIBE
Lead committee dossier:
Legal Basis:
TFEU 115, TFEU 218-p6b-ab, TFEU 218-p8-a2

Events

2015/12/19
   Final act published in Official Journal
Details

PURPOSE: to conclude an the Amending Protocol to the Agreement between the European Community and the Swiss Confederation to allow tax administrations to extend the automatic exchange of information and to improve cross-border access to information on private savers.

NON-LEGISLATIVE ACT: Council Decision (EU) 2015/2400 on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

CONTENT: by this Decision, the Council approves the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments is hereby approved on behalf of the Union. That directive (2003/48/EC) has since been repealed to eliminate an overlap with Directive 2014/107/EU , which includes strengthened provisions to prevent tax evasion.

The Amending Protocol to the Agreement between the EU and Switzerland was signed on 27 May 2015. The text of the Protocol aligns the Agreement with the latest developments at international level concerning automatic exchange of information, namely the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD).

The text of the Agreement, as amended by the Amending Protocol, will allow the implementation of the Global Standard in relations between the EU and Switzerland, and accordingly, prevent tax fraud and tax evasion.

ENTRY INTO FORCE: 08.01.2016.

2015/12/10
   EC - Commission response to text adopted in plenary
Documents
2015/12/08
   EP/CSL - Act adopted by Council after consultation of Parliament
2015/12/08
   EP - End of procedure in Parliament
2015/12/08
   CSL - Council Meeting
2015/10/27
   EP - Results of vote in Parliament
2015/10/27
   EP - Decision by Parliament
Details

The European Parliament adopted by 593 votes to 37, with 58 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

Parliament approved the draft Council decision as amended and approves conclusion of the Amending Protocol to the Agreement . It is stipulated that the President of the Council shall, on behalf of the Union, give the notification provided for in the Amending Protocol4 in order to ensure that the rules on automatic exchange of information with respect to reportable accounts are being followed and collaboration on compliance and enforcement is enabled.

Parliament regretted that no improvements can be made, particularly regarding information provided and the automatic, binding and unrestricted nature of exchanges of information .

In it resolution, it:

called upon the Commission to keep Parliament informed in case of any change or new development in the final steps of the conclusion of the Amending Protocol to the Agreement; reminded the Council of its obligation to consult Parliament once more should it modify its draft decision; stressed the importance of taking effective action against fraud and tax avoidance and in particular tax evasion and tax avoidance by natural and legal persons based in the Union with the involvement of financial institutions based in third countries; called upon the Commission to assess, 18 months after the date of entry into force of the Amending Protocol to the Agreement, the application of the Agreement and its outcome, and present a report to the European Parliament and the Council, accompanied where appropriate by proposals for its review.

Documents
2015/10/26
   EP - Debate in Parliament
2015/09/30
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Economic and Monetary Affairs adopted the report by Jeppe KOFOD (S&D, DK) on the draft Council decision on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

The committee recommended the Parliament to approve the draft Council decision as amended and approves conclusion of the agreement . Members regretted however that no improvements can be made, particularly regarding information provided and the automatic, binding and unrestricted nature of exchanges of information.

They called on the Commission to keep the Parliament informed in case of any change or new development in the final steps of the conclusion of this agreement.

Members stressed the importance of taking effective action against fraud and tax avoidance and in particular tax evasion and tax avoidance by natural and legal persons based in the Union with the involvement of financial institutions based in third countries.

The Commission is called upon to assess, 18 months after the date of entry into force of this Agreement, the application of this Agreement and its outcome, and present a report to the European Parliament and the Council, accompanied where appropriate by proposals for its review.

Documents
2015/09/23
   EP - Vote in committee
2015/09/02
   EP - Amendments tabled in committee
Documents
2015/07/08
   EDPS - Document attached to the procedure
2015/07/06
   EP - Committee referral announced in Parliament
2015/06/26
   EP - Committee draft report
Documents
2015/06/15
   CSL - Legislative proposal
Details

PURPOSE: the conclusion of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation, providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

CONTENT: the proposal for a Council Decision seeks the approval, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Union and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

The text of the Amending Protocol aligns the Agreement with the latest developments at international level concerning automatic exchange of information, namely the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, its Member States and the Swiss Confederation have actively participated in the work of the OECD.

For further details of the Amending Protocol, please refer to the summary of the Commission’s initial legislative procedure dated 7.4.2015 .

Documents
2015/06/14
   EC - Legislative proposal published
Details

PURPOSE: the conclusion of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation, providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

CONTENT: the proposal for a Council Decision seeks the approval, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Union and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

The text of the Amending Protocol aligns the Agreement with the latest developments at international level concerning automatic exchange of information, namely the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, its Member States and the Swiss Confederation have actively participated in the work of the OECD.

For further details of the Amending Protocol, please refer to the summary of the Commission’s initial legislative procedure dated 7.4.2015 .

Documents
2015/05/21
   CSL - Document attached to the procedure
Documents
2015/05/11
   EP - KOFOD Jeppe (S&D) appointed as rapporteur in ECON
2015/04/07
   EC - Document attached to the procedure
2015/04/07
   EC - Initial legislative proposal published
Details

PURPOSE: to conclude, on behalf of the European Union, the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

BACKGROUND: following the adoption of Council Directive 2003/48/EC , the Savings Directive, and in order to preserve the level playing field of economic operators, the EU signed Agreements with Switzerland providing for measures equivalent to those laid down in the Directive.

The importance of automatic exchange of information as a means to combat cross-border tax fraud and tax evasion by ensuring full tax transparency and cooperation between tax administrations worldwide has also been recognised at the international level. The Organisation for Economic Cooperation and Development (OECD) was mandated by the G20 to develop a single global standard for automatic exchange of financial account information. The Global Standard was released by the OECD Council in July 2014.

On the basis of a proposal presented by the Commission in June 2013, the Council adopted Directive 2014/107/EU amending Directive 2011/16/EU and extending the mandatory automatic exchange of information between EU tax authorities to a full range of financial items in accordance with the Global Standard.

As Directive 2014/107/EU is generally broader in scope than Directive 2003/48/EC and provides that in cases of overlap of scope, Directive 2014/107/EU prevails, on 18 March 2015 the Commission adopted a proposal to repeal Directive 2003/48/EC.

Therefore, the Commission considers it crucial to ensure that the amendment of the existing Savings Agreement with Switzerland is in line with EU and international developments. This will increase tax transparency in Europe and will be the legal basis for implementing the OCDE Global Standard on automatic exchange of information between Switzerland and the EU.

CONTENT: under this proposal, the Council is invited to approve, on behalf of the European Union, the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

The Amending Protocol seeks to implement the OECD Global Standard between EU Member States and Switzerland. It introduces a new set of provisions comprising 11 Articles, an Annex I that reflects the OECD Common Reporting Standard which is part of the Global Standard, an Annex II that reflects important parts of the OECD Commentaries to the Global Standard and an Annex III that lists the Competent Authorities of Switzerland and of each Member State.

The new Articles reflect the articles of the OECD Model Competent Authority agreement for the implementation of the Global Standard. They include, inter alia :

a full set of provisions on exchange of information upon request that follows the latest text of the OECD Model Tax Convention; a more detailed set of provisions on data protection; provisions on amendments to the Agreement, including a quick mechanism for provisional application by one of the Contracting Parties of amendments to the Global Standard, on the condition of consent by the other Party.

Moreover, the Amending Protocol:

deals with issues on the transition from the existing Agreement to the amended Agreement, with regard to requests for information, credits available to beneficial owners for withholding tax, final payments of withholding tax by Switzerland to Member States and final exchange of information under the voluntary disclosure mechanism; contains a Protocol on additional safeguards related to the exchange of information on request, which Switzerland includes in its tax treaties. The text specifies that exchanges on the basis of a group request are not prevented. The Protocol on additional safeguards is in line with the Global Forum’s Terms of Reference for exchange of information on request.

The revised Agreement is supplemented by four Joint Declarations of the contracting parties and one Unilateral Declaration by Switzerland.

Documents

Activities

Votes

A8-0271/2015 - Jeppe Kofod - Vote unique #

2015/10/27 Outcome: +: 593, 0: 58, -: 37
DE FR IT PL ES RO GB BE HU AT PT SE BG CZ NL SK FI DK EL LT HR LV SI IE EE MT LU CY ??
Total
88
65
70
48
44
29
71
20
19
18
21
18
14
17
24
13
12
12
19
9
9
8
8
10
6
6
4
5
1
icon: PPE PPE
198

Denmark PPE

For (1)

1

Lithuania PPE

1

Estonia PPE

For (1)

1

Luxembourg PPE

2
icon: S&D S&D
176

Netherlands S&D

2

Croatia S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

1

Ireland S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

3

Luxembourg S&D

For (1)

1

Cyprus S&D

For (1)

1
icon: ALDE ALDE
64

Romania ALDE

2

United Kingdom ALDE

1

Austria ALDE

For (1)

1

Bulgaria ALDE

3

Denmark ALDE

3

Croatia ALDE

2

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Ireland ALDE

For (1)

1

Estonia ALDE

3

Luxembourg ALDE

For (1)

1
icon: ECR ECR
64

Italy ECR

2

Bulgaria ECR

1

Czechia ECR

1

Netherlands ECR

2

Finland ECR

1

Greece ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1
icon: Verts/ALE Verts/ALE
46

Belgium Verts/ALE

2

Hungary Verts/ALE

For (1)

1

Austria Verts/ALE

3

Netherlands Verts/ALE

For (1)

1

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Slovenia Verts/ALE

For (1)

1

Estonia Verts/ALE

For (1)

1
icon: ENF ENF
37

Poland ENF

2

Romania ENF

1

United Kingdom ENF

Against (1)

1

Belgium ENF

For (1)

1

Netherlands ENF

4
icon: GUE/NGL GUE/NGL
49

France GUE/NGL

Abstain (1)

3

Italy GUE/NGL

3

United Kingdom GUE/NGL

Abstain (1)

1

Sweden GUE/NGL

Abstain (1)

1

Czechia GUE/NGL

Abstain (1)

1

Netherlands GUE/NGL

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1
4

Cyprus GUE/NGL

2

GUE/NGL

Abstain (1)

1
icon: NI NI
10

Germany NI

For (1)

1

Poland NI

Against (1)

1

United Kingdom NI

For (1)

1
icon: EFDD EFDD
44

France EFDD

1

Poland EFDD

1

Sweden EFDD

2

Czechia EFDD

Against (1)

1

Lithuania EFDD

For (1)

1
AmendmentsDossier
8 2015/0076(NLE)
2015/09/02 ECON 8 amendments...
source: 565.170

History

(these mark the time of scraping, not the official date of the change)

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  • date: 2015-05-21T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=8297%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 08297/2015 type: Document attached to the procedure body: CSL
  • date: 2015-06-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE560.677 title: PE560.677 type: Committee draft report body: EP
  • date: 2015-07-08T00:00:00 docs: url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2015:289:TOC title: OJ C 289 03.09.2015, p. 0006 title: 52015XX0903(01) type: Document attached to the procedure body: EDPS
  • date: 2015-09-02T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE565.170 title: PE565.170 type: Amendments tabled in committee body: EP
  • date: 2015-12-10T00:00:00 docs: url: /oeil/spdoc.do?i=26174&j=0&l=en title: SP(2015)750 type: Commission response to text adopted in plenary
events
  • date: 2015-04-07T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0151/COM_COM(2015)0151_EN.pdf title: COM(2015)0151 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=FR&type_doc=COMfinal&an_doc=2015&nu_doc=0151 title: EUR-Lex summary: PURPOSE: to conclude, on behalf of the European Union, the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. BACKGROUND: following the adoption of Council Directive 2003/48/EC , the Savings Directive, and in order to preserve the level playing field of economic operators, the EU signed Agreements with Switzerland providing for measures equivalent to those laid down in the Directive. The importance of automatic exchange of information as a means to combat cross-border tax fraud and tax evasion by ensuring full tax transparency and cooperation between tax administrations worldwide has also been recognised at the international level. The Organisation for Economic Cooperation and Development (OECD) was mandated by the G20 to develop a single global standard for automatic exchange of financial account information. The Global Standard was released by the OECD Council in July 2014. On the basis of a proposal presented by the Commission in June 2013, the Council adopted Directive 2014/107/EU amending Directive 2011/16/EU and extending the mandatory automatic exchange of information between EU tax authorities to a full range of financial items in accordance with the Global Standard. As Directive 2014/107/EU is generally broader in scope than Directive 2003/48/EC and provides that in cases of overlap of scope, Directive 2014/107/EU prevails, on 18 March 2015 the Commission adopted a proposal to repeal Directive 2003/48/EC. Therefore, the Commission considers it crucial to ensure that the amendment of the existing Savings Agreement with Switzerland is in line with EU and international developments. This will increase tax transparency in Europe and will be the legal basis for implementing the OCDE Global Standard on automatic exchange of information between Switzerland and the EU. CONTENT: under this proposal, the Council is invited to approve, on behalf of the European Union, the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments. The Amending Protocol seeks to implement the OECD Global Standard between EU Member States and Switzerland. It introduces a new set of provisions comprising 11 Articles, an Annex I that reflects the OECD Common Reporting Standard which is part of the Global Standard, an Annex II that reflects important parts of the OECD Commentaries to the Global Standard and an Annex III that lists the Competent Authorities of Switzerland and of each Member State. The new Articles reflect the articles of the OECD Model Competent Authority agreement for the implementation of the Global Standard. They include, inter alia : a full set of provisions on exchange of information upon request that follows the latest text of the OECD Model Tax Convention; a more detailed set of provisions on data protection; provisions on amendments to the Agreement, including a quick mechanism for provisional application by one of the Contracting Parties of amendments to the Global Standard, on the condition of consent by the other Party. Moreover, the Amending Protocol: deals with issues on the transition from the existing Agreement to the amended Agreement, with regard to requests for information, credits available to beneficial owners for withholding tax, final payments of withholding tax by Switzerland to Member States and final exchange of information under the voluntary disclosure mechanism; contains a Protocol on additional safeguards related to the exchange of information on request, which Switzerland includes in its tax treaties. The text specifies that exchanges on the basis of a group request are not prevented. The Protocol on additional safeguards is in line with the Global Forum’s Terms of Reference for exchange of information on request. The revised Agreement is supplemented by four Joint Declarations of the contracting parties and one Unilateral Declaration by Switzerland.
  • date: 2015-06-15T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=8266%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 08266/2015 summary: PURPOSE: the conclusion of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation, providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments. PROPOSED ACT: Council Decision. ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. CONTENT: the proposal for a Council Decision seeks the approval, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Union and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments. The text of the Amending Protocol aligns the Agreement with the latest developments at international level concerning automatic exchange of information, namely the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, its Member States and the Swiss Confederation have actively participated in the work of the OECD. For further details of the Amending Protocol, please refer to the summary of the Commission’s initial legislative procedure dated 7.4.2015 .
  • date: 2015-07-06T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2015-09-23T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2015-09-30T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2015-0271&language=EN title: A8-0271/2015 summary: The Committee on Economic and Monetary Affairs adopted the report by Jeppe KOFOD (S&D, DK) on the draft Council decision on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments. The committee recommended the Parliament to approve the draft Council decision as amended and approves conclusion of the agreement . Members regretted however that no improvements can be made, particularly regarding information provided and the automatic, binding and unrestricted nature of exchanges of information. They called on the Commission to keep the Parliament informed in case of any change or new development in the final steps of the conclusion of this agreement. Members stressed the importance of taking effective action against fraud and tax avoidance and in particular tax evasion and tax avoidance by natural and legal persons based in the Union with the involvement of financial institutions based in third countries. The Commission is called upon to assess, 18 months after the date of entry into force of this Agreement, the application of this Agreement and its outcome, and present a report to the European Parliament and the Council, accompanied where appropriate by proposals for its review.
  • date: 2015-10-26T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20151026&type=CRE title: Debate in Parliament
  • date: 2015-10-27T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=26174&l=en title: Results of vote in Parliament
  • date: 2015-10-27T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0361 title: T8-0361/2015 summary: The European Parliament adopted by 593 votes to 37, with 58 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments. Parliament approved the draft Council decision as amended and approves conclusion of the Amending Protocol to the Agreement . It is stipulated that the President of the Council shall, on behalf of the Union, give the notification provided for in the Amending Protocol4 in order to ensure that the rules on automatic exchange of information with respect to reportable accounts are being followed and collaboration on compliance and enforcement is enabled. Parliament regretted that no improvements can be made, particularly regarding information provided and the automatic, binding and unrestricted nature of exchanges of information . In it resolution, it: called upon the Commission to keep Parliament informed in case of any change or new development in the final steps of the conclusion of the Amending Protocol to the Agreement; reminded the Council of its obligation to consult Parliament once more should it modify its draft decision; stressed the importance of taking effective action against fraud and tax avoidance and in particular tax evasion and tax avoidance by natural and legal persons based in the Union with the involvement of financial institutions based in third countries; called upon the Commission to assess, 18 months after the date of entry into force of the Amending Protocol to the Agreement, the application of the Agreement and its outcome, and present a report to the European Parliament and the Council, accompanied where appropriate by proposals for its review.
  • date: 2015-12-08T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2015-12-08T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2015-12-19T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to conclude an the Amending Protocol to the Agreement between the European Community and the Swiss Confederation to allow tax administrations to extend the automatic exchange of information and to improve cross-border access to information on private savers. NON-LEGISLATIVE ACT: Council Decision (EU) 2015/2400 on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments. CONTENT: by this Decision, the Council approves the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments is hereby approved on behalf of the Union. That directive (2003/48/EC) has since been repealed to eliminate an overlap with Directive 2014/107/EU , which includes strengthened provisions to prevent tax evasion. The Amending Protocol to the Agreement between the EU and Switzerland was signed on 27 May 2015. The text of the Protocol aligns the Agreement with the latest developments at international level concerning automatic exchange of information, namely the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The text of the Agreement, as amended by the Amending Protocol, will allow the implementation of the Global Standard in relations between the EU and Switzerland, and accordingly, prevent tax fraud and tax evasion. ENTRY INTO FORCE: 08.01.2016. docs: title: Decision 2015/2400 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32015D2400 title: OJ L 333 19.12.2015, p. 0010 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2015:333:TOC
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  • body: EC dg: url: http://ec.europa.eu/taxation_customs/index_en.htm title: Taxation and Customs Union commissioner: MOSCOVICI Pierre
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  • ECON/8/03235
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  • 2.50.02 Savings
  • 2.70.01 Direct taxation
  • 2.80 Cooperation between administrations
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  • The European Parliament adopted by 593 votes to 37, with 58 abstentions, a legislative resolution on the draft Council decision on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

    Parliament approved the draft Council decision as amended and approves conclusion of the Amending Protocol to the Agreement. It is stipulated that the President of the Council shall, on behalf of the Union, give the notification provided for in the Amending Protocol4 in order to ensure that the rules on automatic exchange of information with respect to reportable accounts are being followed and collaboration on compliance and enforcement is enabled.

    Parliament regretted that no improvements can be made, particularly regarding information provided and the automatic, binding and unrestricted nature of exchanges of information.

    In it resolution, it:

    • called upon the Commission to keep Parliament informed in case of any change or new development in the final steps of the conclusion of the Amending Protocol to the Agreement;
    • reminded the Council of its obligation to consult Parliament once more should it modify its draft decision;
    • stressed the importance of taking effective action against fraud and tax avoidance and in particular tax evasion and tax avoidance by natural and legal persons based in the Union with the involvement of financial institutions based in third countries;
    • called upon the Commission to assess, 18 months after the date of entry into force of the Amending Protocol to the Agreement, the application of the Agreement and its outcome, and present a report to the European Parliament and the Council, accompanied where appropriate by proposals for its review.
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  • url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20151026&type=CRE type: Debate in Parliament title: Debate in Parliament
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  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2015-0361 type: Decision by Parliament, 1st reading/single reading title: T8-0361/2015
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  • The Committee on Economic and Monetary Affairs adopted the report by Jeppe KOFOD (S&D, DK) on the draft Council decision on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

    The committee recommended the Parliament to approve the draft Council decision as amended and approves conclusion of the agreement. Members regretted however that no improvements can be made, particularly regarding information provided and the automatic, binding and unrestricted nature of exchanges of information.

    They called on the Commission to keep the Parliament informed in case of any change or new development in the final steps of the conclusion of this agreement.  

    Members stressed the importance of taking effective action against fraud and tax avoidance and in particular tax evasion and tax avoidance by natural and legal persons based in the Union with the involvement of financial institutions based in third countries.

    The Commission is called upon to assess, 18 months after the date of entry into force of this Agreement, the application of this Agreement and its outcome, and present a report to the European Parliament and the Council, accompanied where appropriate by proposals for its review.

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2015-10-28T00:00:00
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2015-10-26T00:00:00
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2015-10-29T00:00:00
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Old

PURPOSE: to sign the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

CONTENT: the proposal for a Council Decision seeks the approval, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Union and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

The text of the Amending Protocol aligns the Agreement with the latest developments at international level concerning automatic exchange of information, namely the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, its Member States and the Swiss Confederation have actively participated in the work of the OECD.

For further details of the Amending Protocol, please refer to the summary of the Commission’s initial legislative procedure dated 7.4.2015.

New

PURPOSE: the conclusion of the Amending Protocol to the Agreement between the European Community and the Swiss Confederation, providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

PROPOSED ACT: Council Decision.

ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

CONTENT: the proposal for a Council Decision seeks the approval, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Union and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

The text of the Amending Protocol aligns the Agreement with the latest developments at international level concerning automatic exchange of information, namely the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, its Member States and the Swiss Confederation have actively participated in the work of the OECD.

For further details of the Amending Protocol, please refer to the summary of the Commission’s initial legislative procedure dated 7.4.2015.

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  • PURPOSE: to sign the Amending Protocol to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    CONTENT: the proposal for a Council Decision seeks the approval, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Union and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

    The text of the Amending Protocol aligns the Agreement with the latest developments at international level concerning automatic exchange of information, namely the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, its Member States and the Swiss Confederation have actively participated in the work of the OECD.

    For further details of the Amending Protocol, please refer to the summary of the Commission’s initial legislative procedure dated 7.4.2015.

activities/0/docs/0/text
  • PURPOSE: to conclude, on behalf of the European Union, the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act.

    BACKGROUND: following the adoption of Council Directive 2003/48/EC, the Savings Directive, and in order to preserve the level playing field of economic operators, the EU signed Agreements with Switzerland providing for measures equivalent to those laid down in the Directive.

    The importance of automatic exchange of information as a means to combat cross-border tax fraud and tax evasion by ensuring full tax transparency and cooperation between tax administrations worldwide has also been recognised at the international level. The Organisation for Economic Cooperation and Development (OECD) was mandated by the G20 to develop a single global standard for automatic exchange of financial account information. The Global Standard was released by the OECD Council in July 2014.

    On the basis of a proposal presented by the Commission in June 2013, the Council adopted Directive 2014/107/EU amending Directive 2011/16/EU and extending the mandatory automatic exchange of information between EU tax authorities to a full range of financial items in accordance with the Global Standard.

    As Directive 2014/107/EU is generally broader in scope than Directive 2003/48/EC and provides that in cases of overlap of scope, Directive 2014/107/EU prevails, on 18 March 2015 the Commission adopted a proposal to repeal Directive 2003/48/EC.

    Therefore, the Commission considers it crucial to ensure that the amendment of the existing Savings Agreement with Switzerland is in line with EU and international developments. This will increase tax transparency in Europe and will be the legal basis for implementing the OCDE Global Standard on automatic exchange of information between Switzerland and the EU.

    CONTENT: under this proposal, the Council is invited to approve, on behalf of the European Union, the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

    The Amending Protocol seeks to implement the OECD Global Standard between EU Member States and Switzerland. It introduces a new set of provisions comprising 11 Articles, an Annex I that reflects the OECD Common Reporting Standard which is part of the Global Standard, an Annex II that reflects important parts of the OECD Commentaries to the Global Standard and an Annex III that lists the Competent Authorities of Switzerland and of each Member State.

    The new Articles reflect the articles of the OECD Model Competent Authority agreement for the implementation of the Global Standard. They include, inter alia:

    • a full set of provisions on exchange of information upon request that follows the latest text of the OECD Model Tax Convention;
    • a more detailed set of provisions on data protection;
    • provisions on amendments to the Agreement, including a quick mechanism for provisional application by one of the Contracting Parties of amendments to the Global Standard, on the condition of consent by the other Party.

    Moreover, the Amending Protocol:

    • deals with issues on the transition from the existing Agreement to the amended Agreement, with regard to requests for information, credits available to beneficial owners for withholding tax, final payments of withholding tax by Switzerland to Member States and final exchange of information under the voluntary disclosure mechanism;
    • contains a Protocol on additional safeguards related to the exchange of information on request, which Switzerland includes in its tax treaties. The text specifies that exchanges on the basis of a group request are not prevented. The Protocol on additional safeguards is in line with the Global Forum’s Terms of Reference for exchange of information on request.

    The revised Agreement is supplemented by four Joint Declarations of the contracting parties and one Unilateral Declaration by Switzerland.

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ALDE
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VAN NIEUWENHUIZEN Cora
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ALDE
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ECON/8/03235
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Old
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New
Awaiting committee decision
activities/0/docs/0/text
  • PURPOSE: to conclude, on behalf of the European Union, the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: following the adoption of Council Directive 2003/48/EC, the Savings Directive, and in order to preserve the level playing field of economic operators, the EU signed Agreements with Switzerland providing for measures equivalent to those laid down in the Directive.

    The importance of automatic exchange of information as a means to combat cross-border tax fraud and tax evasion by ensuring full tax transparency and cooperation between tax administrations worldwide has also been recognised at the international level. The Organisation for Economic Cooperation and Development (OECD) was mandated by the G20 to develop a single global standard for automatic exchange of financial account information. The Global Standard was released by the OECD Council in July 2014.

    On the basis of a proposal presented by the Commission in June 2013, the Council adopted Directive 2014/107/EU amending Directive 2011/16/EU and extending the mandatory automatic exchange of information between EU tax authorities to a full range of financial items in accordance with the Global Standard.

    As Directive 2014/107/EU is generally broader in scope than Directive 2003/48/EC and provides that in cases of overlap of scope, Directive 2014/107/EU prevails, on 18 March 2015 the Commission adopted a proposal to repeal Directive 2003/48/EC.

    Therefore, the Commission considers it crucial to ensure that the amendment of the existing Savings Agreement with Switzerland is in line with EU and international developments. This will increase tax transparency in Europe and will be the legal basis for implementing the OCDE Global Standard on automatic exchange of information between Switzerland and the EU.

    CONTENT: under this proposal, the Council is invited to approve, on behalf of the European Union, the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

    The Amending Protocol seeks to implement the OECD Global Standard between EU Member States and Switzerland. It introduces a new set of provisions comprising 11 Articles, an Annex I that reflects the OECD Common Reporting Standard which is part of the Global Standard, an Annex II that reflects important parts of the OECD Commentaries to the Global Standard and an Annex III that lists the Competent Authorities of Switzerland and of each Member State.

    The new Articles reflect the articles of the OECD Model Competent Authority agreement for the implementation of the Global Standard. They include, inter alia:

    • a full set of provisions on exchange of information upon request that follows the latest text of the OECD Model Tax Convention;
    • a more detailed set of provisions on data protection;
    • provisions on amendments to the Agreement, including a quick mechanism for provisional application by one of the Contracting Parties of amendments to the Global Standard, on the condition of consent by the other Party.

    Moreover, the Amending Protocol:

    • deals with issues on the transition from the existing Agreement to the amended Agreement, with regard to requests for information, credits available to beneficial owners for withholding tax, final payments of withholding tax by Switzerland to Member States and final exchange of information under the voluntary disclosure mechanism;
    • contains a Protocol on additional safeguards related to the exchange of information on request, which Switzerland includes in its tax treaties. The text specifies that exchanges on the basis of a group request are not prevented. The Protocol on additional safeguards is in line with the Global Forum’s Terms of Reference for exchange of information on request.

    The revised Agreement is supplemented by four Joint Declarations of the contracting parties and one Unilateral Declaration by Switzerland.

activities/0/docs/0/type
Old
Legislative proposal published
New
Initial legislative proposal published
activities/0/type
Old
Legislative proposal published
New
Initial legislative proposal published
activities/1
date
2015-06-15T00:00:00
docs
url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=8266%2F15&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 08266/2015
body
EC
type
Legislative proposal published
commission
DG: url: http://ec.europa.eu/taxation_customs/index_en.htm title: Taxation and Customs Union Commissioner: MOSCOVICI Pierre
committees/0/shadows/1
group
ECR
name
LOONES Sander
activities/1
date
2015-09-23T00:00:00
body
EP
type
Vote scheduled in committee, 1st reading/single reading
activities/2/date
Old
2015-07-07T00:00:00
New
2015-10-27T00:00:00
committees/0/date
2015-05-11T00:00:00
committees/0/rapporteur
  • group: S&D name: KOFOD Jeppe
activities/0/docs/0/celexid
CELEX:52015PC0151:EN
committees/0/shadows
  • group: EPP name: SCHWAB Andreas
activities/0/docs/0/celexid
CELEX:52015PC0151:EN
activities/0/docs/0/celexid
CELEX:52015PC0151:EN
activities/0/docs/0/text
  • PURPOSE: to conclude, on behalf of the European Union, the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

    PROPOSED ACT: Council Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: Council may adopt the act only if Parliament has given its consent to the act. 

    BACKGROUND: following the adoption of Council Directive 2003/48/EC, the Savings Directive, and in order to preserve the level playing field of economic operators, the EU signed Agreements with Switzerland providing for measures equivalent to those laid down in the Directive.

    The importance of automatic exchange of information as a means to combat cross-border tax fraud and tax evasion by ensuring full tax transparency and cooperation between tax administrations worldwide has also been recognised at the international level. The Organisation for Economic Cooperation and Development (OECD) was mandated by the G20 to develop a single global standard for automatic exchange of financial account information. The Global Standard was released by the OECD Council in July 2014.

    On the basis of a proposal presented by the Commission in June 2013, the Council adopted Directive 2014/107/EU amending Directive 2011/16/EU and extending the mandatory automatic exchange of information between EU tax authorities to a full range of financial items in accordance with the Global Standard.

    As Directive 2014/107/EU is generally broader in scope than Directive 2003/48/EC and provides that in cases of overlap of scope, Directive 2014/107/EU prevails, on 18 March 2015 the Commission adopted a proposal to repeal Directive 2003/48/EC.

    Therefore, the Commission considers it crucial to ensure that the amendment of the existing Savings Agreement with Switzerland is in line with EU and international developments. This will increase tax transparency in Europe and will be the legal basis for implementing the OCDE Global Standard on automatic exchange of information between Switzerland and the EU.

    CONTENT: under this proposal, the Council is invited to approve, on behalf of the European Union, the Amending Protocol to the Agreement between the European Community and Switzerland providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments.

    The Amending Protocol seeks to implement the OECD Global Standard between EU Member States and Switzerland. It introduces a new set of provisions comprising 11 Articles, an Annex I that reflects the OECD Common Reporting Standard which is part of the Global Standard, an Annex II that reflects important parts of the OECD Commentaries to the Global Standard and an Annex III that lists the Competent Authorities of Switzerland and of each Member State.

    The new Articles reflect the articles of the OECD Model Competent Authority agreement for the implementation of the Global Standard. They include, inter alia:

    • a full set of provisions on exchange of information upon request that follows the latest text of the OECD Model Tax Convention;
    • a more detailed set of provisions on data protection;
    • provisions on amendments to the Agreement, including a quick mechanism for provisional application by one of the Contracting Parties of amendments to the Global Standard, on the condition of consent by the other Party.

    Moreover, the Amending Protocol:

    • deals with issues on the transition from the existing Agreement to the amended Agreement, with regard to requests for information, credits available to beneficial owners for withholding tax, final payments of withholding tax by Switzerland to Member States and final exchange of information under the voluntary disclosure mechanism;
    • contains a Protocol on additional safeguards related to the exchange of information on request, which Switzerland includes in its tax treaties. The text specifies that exchanges on the basis of a group request are not prevented. The Protocol on additional safeguards is in line with the Global Forum’s Terms of Reference for exchange of information on request.

    The revised Agreement is supplemented by four Joint Declarations of the contracting parties and one Unilateral Declaration by Switzerland.

activities/1
date
2015-07-07T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
activities
  • date: 2015-04-07T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2015/0151/COM_COM(2015)0151_EN.pdf title: COM(2015)0151 type: Legislative proposal published celexid: CELEX:52015PC0151:EN type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/taxation_customs/index_en.htm title: Taxation and Customs Union Commissioner: MOSCOVICI Pierre
committees
  • body: EP responsible: True committee_full: Economic and Monetary Affairs committee: ECON
  • body: EP responsible: False committee_full: Internal Market and Consumer Protection committee: IMCO
  • body: EP responsible: False committee_full: Legal Affairs committee: JURI
  • body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
  • body: EC dg: url: http://ec.europa.eu/taxation_customs/index_en.htm title: Taxation and Customs Union commissioner: MOSCOVICI Pierre
procedure
legal_basis
reference
2015/0076(NLE)
title
EC/Switzerland agreement: taxation of savings income in the form of interest payments. Protocol
geographical_area
Switzerland
stage_reached
Preparatory phase in Parliament
summary
subtype
Consultation of Parliament
type
NLE - Non-legislative enactments
subject