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2016/0209(CNS) Access to anti-money-laundering information by tax authorities

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead ECON MAUREL Emmanuel (icon: S&D S&D) VANDENKENDELAERE Tom (icon: PPE PPE), RUOHONEN-LERNER Pirkko (icon: ECR ECR), TORVALDS Nils (icon: ALDE ALDE), ZANNI Marco (icon: EFDD EFDD)
Committee Opinion JURI
Committee Opinion LIBE
Committee Opinion CONT
Lead committee dossier:
Legal Basis:
TFEU 113, TFEU 115

Events

2017/01/17
   EC - Commission response to text adopted in plenary
Documents
SP(2017)8
2016/12/18
   CZ_SENATE - Contribution
Documents
COM(2016)0452
2016/12/16
   Final act published in Official Journal
Details

PURPOSE: to grant access for tax authorities to information held by authorities responsible for the prevention of money laundering.

LEGISLATIVE ACT: Council Directive (EU) 2016/2258 amending Directive 2011/16/EU as regards access to anti-money-laundering information by tax authorities.

CONTENT: the Directive will enable tax authorities to access the mechanisms, procedures, documents and information as regards anti-money-laundering for the performance of their duties in monitoring the proper application of Directive 2011/16/EU and for the functioning of all forms of administrative cooperation provided for in that Directive.

Council Directive 2014/107/EU , amending Directive 2011/16/EU implements the global Standard for Automatic Exchange of Financial Account Information in Tax Matters within the Union thereby ensuring that information on Account Holders of Financial Accounts is reported to the Member State where the Account Holder is resident.

Directive 2011/16/EU stipulates that, where the Account Holder is an intermediary structure, Financial Institutions are to look through that structure, and identify and report on its beneficial owners. That important element in the application of that Directive relies on anti-money-laundering information obtained pursuant to Directive (EU) 2015/849 for the identification of the beneficial owners.

Access to anti-money-laundering information would ensure that tax authorities are better equipped to fulfil their obligations under Directive 2011/16/EU and to combat tax evasion and fraud more effectively.

TRANSPOSITION: 31.12.2017 at the latest.

APPLICATION: from 1.1.2018.

ENTRY INTO FORCE: 6.12.2016.

Documents
Directive 2016/2258
OJ L 342 16.12.2016, p. 0001
2016/12/06
   EP/CSL - Act adopted by Council after consultation of Parliament
2016/12/06
   EP - End of procedure in Parliament
2016/12/06
   CSL - Council Meeting
2016/11/22
   EP - Results of vote in Parliament
Documents
Results of vote in Parliament
2016/11/22
   EP - Debate in Parliament
Documents
Debate in Parliament
2016/11/22
   EP - Decision by Parliament
Details

The European Parliament adopted by 590 votes to 32, with 64 abstentions (following the Parliament’s consultation procedure), a legislative resolution on the proposal for a Council directive amending Directive 2011/16/EU as regards access to anti-money-laundering information by tax authorities.

Parliament approved the Commission proposal subject to amendments.

Members stressed that combating tax evasion and tax avoidance, including in connection with money laundering, is an absolute priority for the Union .

The Swissleaks, Luxleaks, Panama Papers and Bahamas Leaks revelations, which are individual manifestations of a global phenomenon, have confirmed the paramount need for greater tax transparency and much closer coordination and cooperation between jurisdictions.

Scope : this Directive shall apply to all taxes of any kind levied by, or on behalf of, a Member State or the Member State’s territorial or administrative subdivisions, including the local authorities, as well as to virtual currency exchange services and custodial wallet providers.

Automatic exchange of information : since anti-money laundering information is in many cases of a cross-border nature, Parliament called for it to be included , where relevant, in the automatic exchange between Member States and should be made available on request to the Commission in the framework of its power to enforce state aid rules.

According to the amended text, the tax authorities of a Member State shall, within three months of their collection, automatically exchange the documents and information referred to in Article 22 of Directive 2011/16/EU with any other Member State if the beneficial owner of a firm , or, in the case of a trust, the settlor, one of the trustees, the protector (where relevant), a beneficiary or any other person exercising genuine control over the trust, or, lastly, the holder of an account referred to in Article 32a of Directive (EU) 2015/849 is a taxpayer in that Member State. Access should be provided to the Commission for the completion of its missions, on a confidential basis.

Access to information : Member States shall provide by law for tax authorities’ access to the central registers, mechanisms, procedures, documents and information referred to in Articles 7, 13, 18, 18a, 19, 27, 30, 31, 32a, 40, 44 and 48 of Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing.

Such access shall be the result of a mandatory automatic exchange of information. Member States shall further guarantee access to that information by including it in a centralised public register of companies, trusts and other structures whose nature or purpose is similar or equivalent.

Efficient use of exchanged data : Member States shall ensure that all information exchanged and obtained shall be investigated in a timely manner, whether that information has been obtained by authorities on request, through spontaneous information exchange by another Member State, or from a public information leak. Should a Member State fail to do this in a timeframe required by national law, it should publicly communicate the reasons for this failure to the Commission.

Transposition : Member States shall adopt and publish, by 31 December 2017 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall apply those provisions from 1 January 2018.

Documents
T8-0432/2016
2016/11/14
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Economic and Monetary Affairs adopted, following the Parliament’s consultation procedure, the report by Emmanuel MAUREL (S&D, FR) on the proposal for a Council directive amending Directive 2011/16/EU as regards access to anti-money-laundering information by tax authorities.

The committee responsible stressed that combating tax evasion and tax avoidance, including in connection with money laundering, is an absolute priority for the Union . It also stressed the need to:

benefit synergies stemming from domestic, Union and international cooperation between the different authorities involved in fighting these crimes and abuses; take account of issues, such as beneficial ownership transparency or the extent to which entities, such as legal professions, are subject to the Anti-money laundering (AML) framework in third countries, are crucial to enhancing the ability of Union authorities to address tax dodging and money laundering.

This Directive shall apply to all taxes of any kind levied by, or on behalf of, a Member State or the Member State’s territorial or administrative subdivisions, including the local authorities, as well as to virtual currency exchange services and custodial wallet providers.

Members stressed the need to: (i) ensure direct and facilitated access by the tax authorities to the AML information, procedures, documents and mechanisms for the performance of their duties in monitoring the proper application of Directive 2011/16/EU; (ii) include that information, where relevant, in the automatic exchanges between Member States, and to provide access to the Commission, on a confidential basis.

Since AML information is in many cases of a cross-border nature, it should be included, where relevant, in the automatic exchange between Member States and should be made available on request to the Commission in the framework of its power to enforce state aid rules.

Member States shall ensure that all information exchanged and obtained shall be investigated in a timely manner , whether that information has been obtained by authorities on request, through spontaneous information exchange by another Member State, or from a public information leak. Should a Member State fail to do this in a timeframe required by national law, it should publicly communicate the reasons for this failure to the Commission.

Member States shall adopt and publish, by 31 December 2017 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall apply those provisions from 1 January 2018 .

Documents
A8-0326/2016
2016/11/10
   EP - Vote in committee
2016/10/19
   EP - Amendments tabled in committee
Documents
PE592.157
2016/10/19
   ESC - Economic and Social Committee: opinion, report
Documents
CES4584/2016
2016/10/11
   RO_CHAMBER - Contribution
Documents
COM(2016)0452
2016/09/12
   EP - Committee draft report
Documents
PE589.168
2016/09/12
   EP - Committee referral announced in Parliament
2016/07/12
   CSL - Debate in Council
Documents
3480
2016/07/12
   CSL - Council Meeting
2016/07/12
   EP - MAUREL Emmanuel (S&D) appointed as rapporteur in ECON
2016/07/05
   EC - Legislative proposal published
Details

PURPOSE: to enable tax authorities to consistently access anti-money-laundering information for the performance of their duties in monitoring the proper application of the Directive 2011/16/EU on Administrative Cooperation by Financial Institutions.

PROPOSED ACT: Council Directive.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: Directive 2014/107/EU amending Directive 2011/16/EU on administrative cooperation applies as of 1 January 2016 to 27 Member States and as of 1 January 2017 to Austria. It implements the Global Standard for Automatic Exchange of Financial Account Information in Tax Matters within the EU. As such, it ensures that information on Account Holders of Financial Accounts is reported to the Member State where the Account Holder is resident.

In addition, Directive 2011/16/EU stipulates that, where the Account Holder is an intermediary structure, Financial Institutions are to look through that structure, and identify and report its beneficial owners . That important element in the application of the Directive relies on anti-money-laundering ('AML') information obtained pursuant to Directive 2015/849/EU of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing.

Recent media leaks exposed the large scale concealment of offshore funds. Further measures still need to be taken to reinforce the EU and international transparency framework . In particular, it has become apparent that tax authorities need greater access to information on the beneficial owners of intermediary entities and other relevant customer due diligence information, if they are to effectively identify and address tax evasion.

Tax administrations' access to anti-money-laundering information differs considerably throughout the EU . Even when this access is granted, authorities often still encounter significant barriers that hinder the effectiveness of their work against tax avoidance and evasion.

To ensure effective monitoring of the application by Financial Institutions of the due diligence procedures set forth in Directive 2011/16/EU, the tax authorities need access to AML information.

This proposal is part of the Commission’s ambitious agenda against tax evasion and avoidance, with a view to delivering fairer and more effective taxation in the EU.

CONTENT: this proposal seeks to amend Directive 2011/16/EU on administrative cooperation in the field of taxation by introducing a measure to enable tax authorities to consistently access anti-money-laundering information for the performance of their duties .

The amendment would enable tax authorities to have access to the mechanism, procedures, documents and information on beneficial ownership information and the underlying customer due diligence procedures as part of the Fourth Anti-Money-Laundering Directive.

The proposed Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.

Documents
COM(2016)0452
EUR-Lex

Documents

Activities

Votes

A8-0326/2016 - Emmanuel Maurel - Résolution législative #

2016/11/22 Outcome: +: 590, 0: 64, -: 32
DE FR IT ES RO PL SE PT AT NL BE EL HU CZ BG FI HR SK LT LV IE DK SI EE LU MT CY GB
Total
88
68
68
47
30
49
20
18
18
25
21
19
17
20
14
12
10
11
10
8
8
11
8
6
5
5
6
63
icon: PPE PPE
196

Germany PPE

32

France PPE

19

Italy PPE

14

Spain PPE

14

Romania PPE

12

Poland PPE

21

Sweden PPE

4

Portugal PPE

4

Austria PPE

5

Netherlands PPE

5

Belgium PPE

4

Greece PPE

5

Hungary PPE

10

Czechia PPE

7

Bulgaria PPE

5

Finland PPE

3

Croatia PPE

4

Slovakia PPE

5

Lithuania PPE

2

Latvia PPE

4

Ireland PPE

4

Denmark PPE

For (1)

Bendt BENDTSEN
1

Slovenia PPE

5

Estonia PPE

For (1)

Tunne KELAM
1

Luxembourg PPE

2

Malta PPE

3

Cyprus PPE

Abstain (1)

Lefteris CHRISTOFOROU
1
icon: S&D S&D
170

Germany S&D

23

France S&D

12

Italy S&D

27

Spain S&D

13

Romania S&D

13

Poland S&D

5

Sweden S&D

6

Portugal S&D

8

Austria S&D

5

Netherlands S&D

3

Belgium S&D

4

Greece S&D

3

Hungary S&D

3

Czechia S&D

4

Bulgaria S&D

3

Finland S&D

2

Croatia S&D

2

Slovakia S&D

3

Lithuania S&D

2

Latvia S&D

1

Ireland S&D

For (1)

Nessa CHILDERS
1

Denmark S&D

3

Slovenia S&D

For (1)

Tanja FAJON
1

Estonia S&D

For (1)

Marju LAURISTIN
1

Luxembourg S&D

For (1)

Mady DELVAUX
1

Malta S&D

2

Cyprus S&D

2

United Kingdom S&D

17
icon: ALDE ALDE
65

Germany ALDE

4

France ALDE

6

Spain ALDE

6

Romania ALDE

3

Sweden ALDE

3

Portugal ALDE

2

Austria ALDE

For (1)

Angelika MLINAR
1

Netherlands ALDE

7

Belgium ALDE

6

Czechia ALDE

4

Bulgaria ALDE

4

Finland ALDE

4

Croatia ALDE

2

Lithuania ALDE

3

Latvia ALDE

1

Ireland ALDE

For (1)

Marian HARKIN
1

Denmark ALDE

2

Slovenia ALDE

For (1)

Ivo VAJGL
1

Estonia ALDE

3

Luxembourg ALDE

For (1)

Charles GOERENS
1

United Kingdom ALDE

1
icon: GUE/NGL GUE/NGL
47

Germany GUE/NGL

8

France GUE/NGL

4

Italy GUE/NGL

3

Spain GUE/NGL

10

Sweden GUE/NGL

For (1)

Malin BJÖRK
1

Portugal GUE/NGL

4

Netherlands GUE/NGL

3

Greece GUE/NGL

5

Czechia GUE/NGL

2

Finland GUE/NGL

For (1)

Merja KYLLÖNEN
1

Ireland GUE/NGL

2

Denmark GUE/NGL

For (1)

Rina Ronja KARI
1

Cyprus GUE/NGL

2

United Kingdom GUE/NGL

1
icon: Verts/ALE Verts/ALE
46

Germany Verts/ALE

12

France Verts/ALE

6

Spain Verts/ALE

4

Sweden Verts/ALE

4

Austria Verts/ALE

3

Netherlands Verts/ALE

2

Belgium Verts/ALE

2

Hungary Verts/ALE

2

Croatia Verts/ALE

For (1)

Davor ŠKRLEC
1

Lithuania Verts/ALE

For (1)

Bronis ROPĖ
1

Latvia Verts/ALE

1

Denmark Verts/ALE

For (1)

Margrete AUKEN
1

Slovenia Verts/ALE

For (1)

Igor ŠOLTES
1

Estonia Verts/ALE

For (1)

Indrek TARAND
1

Luxembourg Verts/ALE

For (1)

Claude TURMES
1

United Kingdom Verts/ALE

4
icon: ENF ENF
36

Germany ENF

Against (1)

Marcus PRETZELL
1

France ENF

18

Italy ENF

5

Romania ENF

1

Poland ENF

2

Austria ENF

4

Netherlands ENF

3

Belgium ENF

For (1)

Gerolf ANNEMANS
1

United Kingdom ENF

Against (1)

Janice ATKINSON
1
icon: ECR ECR
69

Germany ECR

5

Italy ECR

2

Romania ECR

For (1)

Monica MACOVEI
1

Poland ECR

19

Netherlands ECR

2

Belgium ECR

4

Greece ECR

For (1)

Notis MARIAS
1

Czechia ECR

2

Bulgaria ECR

For (1)

Nikolay BAREKOV

Abstain (1)

Angel DZHAMBAZKI
2

Finland ECR

2

Croatia ECR

For (1)

Ruža TOMAŠIĆ
1

Slovakia ECR

Abstain (1)

Richard SULÍK
3

Lithuania ECR

Abstain (1)

Waldemar TOMASZEWSKI
1

Latvia ECR

For (1)

Roberts ZĪLE
1

Denmark ECR

3

Cyprus ECR

Abstain (1)

Eleni THEOCHAROUS
1

United Kingdom ECR

19
icon: NI NI
15

Germany NI

For (1)

Udo VOIGT

Against (1)

Martin SONNEBORN
2

France NI

For (1)

Bruno GOLLNISCH

Abstain (1)

Aymeric CHAUPRADE
2

Poland NI

Against (1)

Janusz KORWIN-MIKKE
1

Greece NI

5

Hungary NI

2

United Kingdom NI

Against (2)

Diane JAMES, Steven WOOLFE

Abstain (1)

Diane DODDS
3
icon: EFDD EFDD
41

Germany EFDD

Against (1)

Beatrix von STORCH
1

France EFDD

1

Italy EFDD

17

Poland EFDD

1

Sweden EFDD

2

Czechia EFDD

Against (1)

Petr MACH
1

Lithuania EFDD

For (1)

Rolandas PAKSAS
1

United Kingdom EFDD

17
AmendmentsDossier
45 2016/0209(CNS)
2016/10/19 ECON 45 amendments...
source: 592.157

History

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

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2020-01-19Show (5) Changes | Timetravel
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2019-07-06Show (21) Changes | Timetravel
activities
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  • date: 2016-09-12T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP shadows: group: EPP name: VANDENKENDELAERE Tom group: ECR name: RUOHONEN-LERNER Pirkko group: ALDE name: TORVALDS Nils group: GUE/NGL name: VIEGAS Miguel group: EFD name: ZANNI Marco responsible: True committee: ECON date: 2016-07-12T00:00:00 committee_full: Economic and Monetary Affairs rapporteur: group: S&D name: MAUREL Emmanuel body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
  • date: 2016-11-10T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP shadows: group: EPP name: VANDENKENDELAERE Tom group: ECR name: RUOHONEN-LERNER Pirkko group: ALDE name: TORVALDS Nils group: GUE/NGL name: VIEGAS Miguel group: EFD name: ZANNI Marco responsible: True committee: ECON date: 2016-07-12T00:00:00 committee_full: Economic and Monetary Affairs rapporteur: group: S&D name: MAUREL Emmanuel body: EP responsible: False committee_full: Legal Affairs committee: JURI body: EP responsible: False committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
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  • body: CSL type: Council Meeting council: Economic and Financial Affairs ECOFIN meeting_id: 3480 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3480*&MEET_DATE=12/07/2016 date: 2016-07-12T00:00:00
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  • date: 2016-10-19T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE592.157 title: PE592.157 type: Amendments tabled in committee body: EP
  • date: 2016-10-19T00:00:00 docs: url: https://dm.eesc.europa.eu/EESCDocumentSearch/Pages/redresults.aspx?k=(documenttype:AC)(documentnumber:4584)(documentyear:2016)(documentlanguage:EN) title: CES4584/2016 type: Economic and Social Committee: opinion, report body: ESC
  • date: 2017-01-17T00:00:00 docs: url: /oeil/spdoc.do?i=27813&j=0&l=en title: SP(2017)8 type: Commission response to text adopted in plenary
  • date: 2016-12-19T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0452 title: COM(2016)0452 type: Contribution body: CZ_SENATE
  • date: 2016-10-12T00:00:00 docs: url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2016)0452 title: COM(2016)0452 type: Contribution body: RO_CHAMBER
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  • date: 2016-07-05T00:00:00 type: Legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0452/COM_COM(2016)0452_EN.pdf title: COM(2016)0452 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2016&nu_doc=0452 title: EUR-Lex summary: PURPOSE: to enable tax authorities to consistently access anti-money-laundering information for the performance of their duties in monitoring the proper application of the Directive 2011/16/EU on Administrative Cooperation by Financial Institutions. PROPOSED ACT: Council Directive. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: Directive 2014/107/EU amending Directive 2011/16/EU on administrative cooperation applies as of 1 January 2016 to 27 Member States and as of 1 January 2017 to Austria. It implements the Global Standard for Automatic Exchange of Financial Account Information in Tax Matters within the EU. As such, it ensures that information on Account Holders of Financial Accounts is reported to the Member State where the Account Holder is resident. In addition, Directive 2011/16/EU stipulates that, where the Account Holder is an intermediary structure, Financial Institutions are to look through that structure, and identify and report its beneficial owners . That important element in the application of the Directive relies on anti-money-laundering ('AML') information obtained pursuant to Directive 2015/849/EU of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. Recent media leaks exposed the large scale concealment of offshore funds. Further measures still need to be taken to reinforce the EU and international transparency framework . In particular, it has become apparent that tax authorities need greater access to information on the beneficial owners of intermediary entities and other relevant customer due diligence information, if they are to effectively identify and address tax evasion. Tax administrations' access to anti-money-laundering information differs considerably throughout the EU . Even when this access is granted, authorities often still encounter significant barriers that hinder the effectiveness of their work against tax avoidance and evasion. To ensure effective monitoring of the application by Financial Institutions of the due diligence procedures set forth in Directive 2011/16/EU, the tax authorities need access to AML information. This proposal is part of the Commission’s ambitious agenda against tax evasion and avoidance, with a view to delivering fairer and more effective taxation in the EU. CONTENT: this proposal seeks to amend Directive 2011/16/EU on administrative cooperation in the field of taxation by introducing a measure to enable tax authorities to consistently access anti-money-laundering information for the performance of their duties . The amendment would enable tax authorities to have access to the mechanism, procedures, documents and information on beneficial ownership information and the underlying customer due diligence procedures as part of the Fourth Anti-Money-Laundering Directive. The proposed Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
  • date: 2016-07-12T00:00:00 type: Debate in Council body: CSL docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3480*&MEET_DATE=12/07/2016 title: 3480
  • date: 2016-09-12T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-11-10T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-11-14T00:00:00 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=A8-2016-0326&language=EN title: A8-0326/2016 summary: The Committee on Economic and Monetary Affairs adopted, following the Parliament’s consultation procedure, the report by Emmanuel MAUREL (S&D, FR) on the proposal for a Council directive amending Directive 2011/16/EU as regards access to anti-money-laundering information by tax authorities. The committee responsible stressed that combating tax evasion and tax avoidance, including in connection with money laundering, is an absolute priority for the Union . It also stressed the need to: benefit synergies stemming from domestic, Union and international cooperation between the different authorities involved in fighting these crimes and abuses; take account of issues, such as beneficial ownership transparency or the extent to which entities, such as legal professions, are subject to the Anti-money laundering (AML) framework in third countries, are crucial to enhancing the ability of Union authorities to address tax dodging and money laundering. This Directive shall apply to all taxes of any kind levied by, or on behalf of, a Member State or the Member State’s territorial or administrative subdivisions, including the local authorities, as well as to virtual currency exchange services and custodial wallet providers. Members stressed the need to: (i) ensure direct and facilitated access by the tax authorities to the AML information, procedures, documents and mechanisms for the performance of their duties in monitoring the proper application of Directive 2011/16/EU; (ii) include that information, where relevant, in the automatic exchanges between Member States, and to provide access to the Commission, on a confidential basis. Since AML information is in many cases of a cross-border nature, it should be included, where relevant, in the automatic exchange between Member States and should be made available on request to the Commission in the framework of its power to enforce state aid rules. Member States shall ensure that all information exchanged and obtained shall be investigated in a timely manner , whether that information has been obtained by authorities on request, through spontaneous information exchange by another Member State, or from a public information leak. Should a Member State fail to do this in a timeframe required by national law, it should publicly communicate the reasons for this failure to the Commission. Member States shall adopt and publish, by 31 December 2017 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall apply those provisions from 1 January 2018 .
  • date: 2016-11-22T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27813&l=en title: Results of vote in Parliament
  • date: 2016-11-22T00:00:00 type: Debate in Parliament body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?secondRef=TOC&language=EN&reference=20161122&type=CRE title: Debate in Parliament
  • date: 2016-11-22T00:00:00 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-2016-0432 title: T8-0432/2016 summary: The European Parliament adopted by 590 votes to 32, with 64 abstentions (following the Parliament’s consultation procedure), a legislative resolution on the proposal for a Council directive amending Directive 2011/16/EU as regards access to anti-money-laundering information by tax authorities. Parliament approved the Commission proposal subject to amendments. Members stressed that combating tax evasion and tax avoidance, including in connection with money laundering, is an absolute priority for the Union . The Swissleaks, Luxleaks, Panama Papers and Bahamas Leaks revelations, which are individual manifestations of a global phenomenon, have confirmed the paramount need for greater tax transparency and much closer coordination and cooperation between jurisdictions. Scope : this Directive shall apply to all taxes of any kind levied by, or on behalf of, a Member State or the Member State’s territorial or administrative subdivisions, including the local authorities, as well as to virtual currency exchange services and custodial wallet providers. Automatic exchange of information : since anti-money laundering information is in many cases of a cross-border nature, Parliament called for it to be included , where relevant, in the automatic exchange between Member States and should be made available on request to the Commission in the framework of its power to enforce state aid rules. According to the amended text, the tax authorities of a Member State shall, within three months of their collection, automatically exchange the documents and information referred to in Article 22 of Directive 2011/16/EU with any other Member State if the beneficial owner of a firm , or, in the case of a trust, the settlor, one of the trustees, the protector (where relevant), a beneficiary or any other person exercising genuine control over the trust, or, lastly, the holder of an account referred to in Article 32a of Directive (EU) 2015/849 is a taxpayer in that Member State. Access should be provided to the Commission for the completion of its missions, on a confidential basis. Access to information : Member States shall provide by law for tax authorities’ access to the central registers, mechanisms, procedures, documents and information referred to in Articles 7, 13, 18, 18a, 19, 27, 30, 31, 32a, 40, 44 and 48 of Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing. Such access shall be the result of a mandatory automatic exchange of information. Member States shall further guarantee access to that information by including it in a centralised public register of companies, trusts and other structures whose nature or purpose is similar or equivalent. Efficient use of exchanged data : Member States shall ensure that all information exchanged and obtained shall be investigated in a timely manner, whether that information has been obtained by authorities on request, through spontaneous information exchange by another Member State, or from a public information leak. Should a Member State fail to do this in a timeframe required by national law, it should publicly communicate the reasons for this failure to the Commission. Transposition : Member States shall adopt and publish, by 31 December 2017 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall apply those provisions from 1 January 2018.
  • date: 2016-12-06T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2016-12-06T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-12-16T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to grant access for tax authorities to information held by authorities responsible for the prevention of money laundering. LEGISLATIVE ACT: Council Directive (EU) 2016/2258 amending Directive 2011/16/EU as regards access to anti-money-laundering information by tax authorities. CONTENT: the Directive will enable tax authorities to access the mechanisms, procedures, documents and information as regards anti-money-laundering for the performance of their duties in monitoring the proper application of Directive 2011/16/EU and for the functioning of all forms of administrative cooperation provided for in that Directive. Council Directive 2014/107/EU , amending Directive 2011/16/EU implements the global Standard for Automatic Exchange of Financial Account Information in Tax Matters within the Union thereby ensuring that information on Account Holders of Financial Accounts is reported to the Member State where the Account Holder is resident. Directive 2011/16/EU stipulates that, where the Account Holder is an intermediary structure, Financial Institutions are to look through that structure, and identify and report on its beneficial owners. That important element in the application of that Directive relies on anti-money-laundering information obtained pursuant to Directive (EU) 2015/849 for the identification of the beneficial owners. Access to anti-money-laundering information would ensure that tax authorities are better equipped to fulfil their obligations under Directive 2011/16/EU and to combat tax evasion and fraud more effectively. TRANSPOSITION: 31.12.2017 at the latest. APPLICATION: from 1.1.2018. ENTRY INTO FORCE: 6.12.2016. docs: title: Directive 2016/2258 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016L2258 title: OJ L 342 16.12.2016, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:342:TOC
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2016-12-22Show (5) Changes | Timetravel
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2016-12-10Show (5) Changes | Timetravel
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2016-12-02Show (2) Changes | Timetravel
activities/4/docs/0/text

  • The Committee on Economic and Monetary Affairs adopted, following the Parliament’s consultation procedure, the report by Emmanuel MAUREL (S&D, FR) on the proposal for a Council directive amending Directive 2011/16/EU as regards access to anti-money-laundering information by tax authorities.

    The committee responsible stressed that combating tax evasion and tax avoidance, including in connection with money laundering, is an absolute priority for the Union. It also stressed the need to:

    • benefit synergies stemming from domestic, Union and international cooperation between the different authorities involved in fighting these crimes and abuses;
    • take account of issues, such as beneficial ownership transparency or the extent to which entities, such as legal professions, are subject to the Anti-money laundering (AML) framework in third countries, are crucial to enhancing the ability of Union authorities to address tax dodging and money laundering.

    This Directive shall apply to all taxes of any kind levied by, or on behalf of, a Member State or the Member State’s territorial or administrative subdivisions, including the local authorities, as well as to virtual currency exchange services and custodial wallet providers.

    Members stressed the need to: (i) ensure direct and facilitated access by the tax authorities to the AML information, procedures, documents and mechanisms for the performance of their duties in monitoring the proper application of Directive 2011/16/EU; (ii) include that information, where relevant, in the automatic exchanges between Member States, and to provide access to the Commission, on a confidential basis.

    Since AML information is in many cases of a cross-border nature, it should be included, where relevant, in the automatic exchange between Member States and should be made available on request to the Commission in the framework of its power to enforce state aid rules.

    Member States shall ensure that all information exchanged and obtained shall be investigated in a timely manner, whether that information has been obtained by authorities on request, through spontaneous information exchange by another Member State, or from a public information leak. Should a Member State fail to do this in a timeframe required by national law, it should publicly communicate the reasons for this failure to the Commission.

    Member States shall adopt and publish, by 31 December 2017 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall apply those provisions from 1 January 2018.
activities/5/docs/1/text

  • The European Parliament adopted by 590 votes to 32, with 64 abstentions (following the Parliament’s consultation procedure), a legislative resolution on the proposal for a Council directive amending Directive 2011/16/EU as regards access to anti-money-laundering information by tax authorities.

    Parliament approved the Commission proposal subject to amendments.

    Members stressed that combating tax evasion and tax avoidance, including in connection with money laundering, is an absolute priority for the Union.

    The Swissleaks, Luxleaks, Panama Papers and Bahamas Leaks revelations, which are individual manifestations of a global phenomenon, have confirmed the paramount need for greater tax transparency and much closer coordination and cooperation between jurisdictions.

    Scope: this Directive shall apply to all taxes of any kind levied by, or on behalf of, a Member State or the Member State’s territorial or administrative subdivisions, including the local authorities, as well as to virtual currency exchange services and custodial wallet providers.

    Automatic exchange of information: since anti-money laundering information is in many cases of a cross-border nature, Parliament called for it to be included, where relevant, in the automatic exchange between Member States and should be made available on request to the Commission in the framework of its power to enforce state aid rules.

    According to the amended text, the tax authorities of a Member State shall, within three months of their collection, automatically exchange the documents and information referred to in Article 22 of Directive 2011/16/EU with any other Member State if the beneficial owner of a firm, or, in the case of a trust, the settlor, one of the trustees, the protector (where relevant), a beneficiary or any other person exercising genuine control over the trust, or, lastly, the holder of an account referred to in Article 32a of Directive (EU) 2015/849 is a taxpayer in that Member State. Access should be provided to the Commission for the completion of its missions, on a confidential basis.

    Access to information: Member States shall provide by law for tax authorities’ access to the central registers, mechanisms, procedures, documents and information referred to in Articles 7, 13, 18, 18a, 19, 27, 30, 31, 32a, 40, 44 and 48 of Directive (EU) 2015/849 of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing.

    Such access shall be the result of a mandatory automatic exchange of information. Member States shall further guarantee access to that information by including it in a centralised public register of companies, trusts and other structures whose nature or purpose is similar or equivalent.

    Efficient use of exchanged data: Member States shall ensure that all information exchanged and obtained shall be investigated in a timely manner, whether that information has been obtained by authorities on request, through spontaneous information exchange by another Member State, or from a public information leak. Should a Member State fail to do this in a timeframe required by national law, it should publicly communicate the reasons for this failure to the Commission.

    Transposition: Member States shall adopt and publish, by 31 December 2017 at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall apply those provisions from 1 January 2018.
2016-11-26Show (3) Changes | Timetravel
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2016-11-24Show (1) Changes | Timetravel
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2016-10-07Show (2) Changes | Timetravel
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2016-09-22Show (4) Changes | Timetravel
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group
EFD
name
ZANNI Marco
2016-09-15Show (3) Changes | Timetravel
activities/2
date
2016-09-12T00:00:00
body
EP
type
Committee referral announced in Parliament, 1st reading/single reading
committees
procedure/dossier_of_the_committee
ECON/8/07145
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting committee decision
2016-09-14Show (2) Changes | Timetravel
activities/0/docs/0/text

  • PURPOSE: to enable tax authorities to consistently access anti-money-laundering information for the performance of their duties in monitoring the proper application of the Directive 2011/16/EU on Administrative Cooperation by Financial Institutions.

    PROPOSED ACT: Council Directive.

    ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

    BACKGROUND: Directive 2014/107/EU amending Directive 2011/16/EU on administrative cooperation applies as of 1 January 2016 to 27 Member States and as of 1 January 2017 to Austria. It implements the Global Standard for Automatic Exchange of Financial Account Information in Tax Matters within the EU. As such, it ensures that information on Account Holders of Financial Accounts is reported to the Member State where the Account Holder is resident.

    In addition, Directive 2011/16/EU stipulates that, where the Account Holder is an intermediary structure, Financial Institutions are to look through that structure, and identify and report its beneficial owners. That important element in the application of the Directive relies on anti-money-laundering ('AML') information obtained pursuant to Directive 2015/849/EU of the European Parliament and of the Council on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing.

    Recent media leaks exposed the large scale concealment of offshore funds. Further measures still need to be taken to reinforce the EU and international transparency framework. In particular, it has become apparent that tax authorities need greater access to information on the beneficial owners of intermediary entities and other relevant customer due diligence information, if they are to effectively identify and address tax evasion.

    Tax administrations' access to anti-money-laundering information differs considerably throughout the EU. Even when this access is granted, authorities often still encounter significant barriers that hinder the effectiveness of their work against tax avoidance and evasion.

    To ensure effective monitoring of the application by Financial Institutions of the due diligence procedures set forth in Directive 2011/16/EU, the tax authorities need access to AML information.

    This proposal is part of the Commission’s ambitious agenda against tax evasion and avoidance, with a view to delivering fairer and more effective taxation in the EU.

    CONTENT: this proposal seeks to amend Directive 2011/16/EU on administrative cooperation in the field of taxation by introducing a measure to enable tax authorities to consistently access anti-money-laundering information for the performance of their duties.

    The amendment would enable tax authorities to have access to the mechanism, procedures, documents and information on beneficial ownership information and the underlying customer due diligence procedures as part of the Fourth Anti-Money-Laundering Directive.

    The proposed Directive respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
activities/3
date
2016-11-30T00:00:00
body
EP
type
Indicative plenary sitting date, 1st reading/single reading
2016-09-10Show (1) Changes | Timetravel
committees/1/shadows/1
group
GUE/NGL
name
VIEGAS Miguel
2016-09-07Show (1) Changes | Timetravel
committees/1/shadows
  • group: ALDE name: TORVALDS Nils
2016-09-04Show (2) Changes | Timetravel
committees/1/date
2016-07-12T00:00:00
committees/1/rapporteur
  • group: S&D name: MAUREL Emmanuel
2016-07-30Show (2) Changes | Timetravel
activities/0/commission/0
DG
Commissioner
MOSCOVICI Pierre
other/0
body
EC
dg
commissioner
MOSCOVICI Pierre
2016-07-20Show (5) Changes
activities
  • date: 2016-07-05T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2016/0452/COM_COM(2016)0452_EN.pdf celexid: CELEX:52016PC0452:EN type: Legislative proposal published title: COM(2016)0452 body: EC commission: type: Legislative proposal published
  • body: CSL meeting_id: 3480 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=3480*&MEET_DATE=12/07/2016 type: Debate in Council title: 3480 council: Economic and Financial Affairs ECOFIN date: 2016-07-12T00:00:00 type: Council Meeting
  • date: 2016-11-10T00:00:00 body: EP type: Vote scheduled in committee, 1st reading/single reading
committees
  • body: EP responsible: False committee_full: Budgetary Control committee: CONT
  • body: EP responsible: True committee_full: Economic and Monetary Affairs committee: ECON
  • 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
    procedure
    reference
    2016/0209(CNS)
    instrument
    Directive
    legal_basis
    stage_reached
    Preparatory phase in Parliament
    summary
    Amending Directive 2011/16/EU
    subtype
    Legislation
    title
    Access to anti-money-laundering information by tax authorities
    type
    CNS - Consultation procedure
    subject
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