31 Amendments of Engin EROGLU related to 2022/0413(CNS)
Amendment 79 #
Proposal for a directive
Recital 9
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
Amendment 87 #
Proposal for a directive
Recital 14
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..
Amendment 94 #
Proposal for a directive
Recital 26
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.
Amendment 100 #
Proposal for a directive
Recital 29
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 .
Amendment 105 #
Proposal for a directive
Recital 35 a (new)
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.
Amendment 111 #
Proposal for a directive
Recital 39
Recital 39
(39) In order to ensure compliance witha 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.
Amendment 113 #
Proposal for a directive
Recital 40
Recital 40
Amendment 116 #
Proposal for a directive
Recital 41
Recital 41
Amendment 119 #
Proposal for a directive
Recital 42 a (new)
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.
Amendment 120 #
Proposal for a directive
Recital 44 a (new)
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.
Amendment 154 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/16/EU
Article 8ab – paragraph 5 – subparagraph 1
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 intermediaries to notify, without delay, any othery 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)
Amendment 161 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 8ad – paragraph 4 a (new)
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.
Amendment 164 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2011/16/EU
Article 8ad – paragraph 6
Article 8ad – paragraph 6
Amendment 182 #
Proposal for a directive
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Directive 2011/16/EU
Article 16 – paragraph 7
Article 16 – paragraph 7
7. The competent authority of each Member State shall put in place an effective mechanism to ensure the assessmentuse 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.;
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Article 1 – paragraph 1 – point 9 – point a
Directive 2011/16/EU
Article 21 – paragraph 5a – subparagraph 2
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 alsoOn information communicated according to Article 8ad(2) and (3), the competent authority of a Member State shall, however, have access to theonly to information recorded in that directory for the purposes of complying wiconcerning persons resident in that Member State. The Commission shall also have access to the its obligations under this Dnformation recorded in that directiveory, 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).
Amendment 191 #
Proposal for a directive
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Directive 2011/16/EU
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Member States shall communicate to the Commission a yearly assessment ofassess 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.
Amendment 197 #
Proposal for a directive
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Directive 2011/16/EU
Article 24 – paragraph 2 a (new) and 2 b (new)
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. "
Amendment 198 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – title
Article 25a – title
Article 25a Penalties and other compliance measures
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 1
Article 25a – paragraph 1
1. Member States shall lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and concerning Article 8(3a), Articles 8aa to 8ad and shall take all necessary measures to ensure that they are implemented and enforced. Penalties and compliance measures provided for shall be effective, proportionate and dissuasive.
Amendment 204 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 2
Article 25a – paragraph 2
Amendment 207 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 3
Article 25a – paragraph 3
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 4
Article 25a – paragraph 4
Amendment 228 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 5
Article 25a – paragraph 5
Amendment 229 #
Proposal for a directive
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Directive 2011/16/EU
Article 25a – paragraph 6
Article 25a – paragraph 6
Amendment 235 #
Proposal for a directive
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Directive 2011/16/EU
Article 27c – paragraph 1
Article 27c – paragraph 1
For taxable periods starting on or after 1 January 2026, Member States shall ensure that the TIN of reported individuals or entities issued by the Member State of residence, where available, is included in the communication of the information referred to in Article 8(1) and (3a), Article 8a(6), Article 8aa(3), Article 8ab(14), Article 8ac(2) and Article 8ad(3). The TIN shall be provided even when it is not specifically required by those Articles.
Amendment 243 #
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section I – point A – subparagraph 1
Annex VI – Section I – point A – subparagraph 1
1. an Entity authorised under Regulation XX;in accordance with Article 63 of Regulation XXX or allowed to provide Crypto-Asset Services following a notification to a Member State in accordance with Article 60 of Regulation XXX; or not an Entity authorised by a Member State in accordance with Article 63 of Regulation XXX or allowed to provide Crypto-Asset Services following a notification to a Member State in accordance with Article 60 of Regulation XXX, and it is:
Amendment 246 #
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section II – point B a (new)
Annex VI – Section II – point B a (new)
Ba. Notwithstanding subparagraph A(1), the place of birth is not required to be reported unless the Reporting Crypto- Asset Service Provider is otherwise required to obtain and report it under domestic law.
Amendment 247 #
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section II – point C
Annex VI – Section II – point C
C. The information listed in paragraph 3 shall be reported by 31 January0 September of the calendar year following the year to which the information relates. The first information shall be reported for the relevant calendar year or other appropriate reporting period as from 1 January 2026.
Amendment 249 #
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section IV – point A – subparagraph 5
Annex VI – Section IV – point A – subparagraph 5
5. For the purposes of this Directive, ‘Electronic Money’ or ‘E-money’ means Electronic Money or E-money as is defined in Directive 2009/110/EC. For the purposes of this Directive, tany Crypto-Asset that is: (a) a digital representation of a single Fiat Currency; (b) issued on the receipt of funds for the purpose of making payment transactions; (c) represented by a claim on the issuer denominated in the same Fiat Currency; (d) accepted in payment by a natural or legal person other than the issuer; and (e) by virtue of regulatory requirements to which the issuer is subject, redeemable at any time and at par value for the same Fiat Currency upon request of the holder of the product. The term ‘Electronic money’ or ‘E-money’ does not include a product created for the sole purpose of facilitating the transfer of funds from a customer to another person pursuant to instructions of the customer. A product is not created for the sole purpose of facilitating the transfer of funds if, in the ordinary course of business of the transferring Entity, either the funds connected with such product are held longer than 60 days after receipt of instructions to facilitate the transfer, or, if no instructions are received, the funds connected with such product are held longer than 60 days after receipt of the funds.
Amendment 250 #
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section IV – point A – subparagraph 6
Annex VI – Section IV – point A – subparagraph 6
Amendment 257 #
Proposal for a directive
Annex III
Annex III
Directive 2011/16/EU
Annex VI – Section IV – point C – point 4
Annex VI – Section IV – point C – point 4
4. ‘Reportable Retail Payment Transaction’ means a Transfer of Reportable Crypto-Assets in consideration of goods or services for a value exceeding EURUSD 50 000 (or the equivalent amount in any other currency).