REPORT on the proposal for a Council decision on the conclusion, on behalf of the Union, of the Amending Protocol to the Agreement between the European Union and the Principality of Andorra on the automatic exchange of financial account information to improve international tax compliance – A10-0199/2025

Source: European Parliament

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council decision on the conclusion, on behalf of the Union, of the Amending Protocol to the Agreement between the European Union and the Principality of Andorra on the automatic exchange of financial account information to improve international tax compliance

(COM(2025)0406 – C10‑0203/2025 – 2025/0224(NLE))

(Consultation)

The European Parliament,

 having regard to the proposal for a Council decision (COM(2025)0406),

 having regard to the draft Amending Protocol to the Agreement between the European Union and the Principality of Andorra on the automatic exchange of financial account information to improve international tax compliance (COM(2025)0406),

 having regard to Article 115, Article 218(6), second subparagraph, point (b), and Article 218(8), second subparagraph, of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C10‑0203/2025),

 having regard to Rules 84 and 117(8) of its Rules of Procedure,

 having regard to the report of the Committee on Economic and Monetary Affairs (A10-0199/2025),

1. Approves the conclusion of the Amending Protocol to the Agreement;

2. Instructs its President to forward its position to the Council, the Commission and the governments and parliaments of the Member States and of the Principality of Andorra.

EXPLANATORY STATEMENT

The proposal is to give an opinion to the Amending Protocol to the Agreement between the European Union and the Principality of Andorra on the automatic exchange of financial account information to improve international tax compliance, which was concluded in 2016.

The Agreement provides the legal basis for the reciprocal automatic exchange of financial account information between the Member States and the Principality of Andorra. The main objective of the Amending Protocol is to improve administrative tax cooperation in the following ways:

 to ensure that the automatic exchange of financial account information is in line with the updated Common Reporting Standard (CRS) developed by the Organisation for Economic Cooperation and Development (OECD) and with the respective EU rules i.e. the Council Directive (EU) 2023/226 (DAC8), which implemented the latest amendments to the CRS within the EU. It should be highlighted that as a result of the recent update of the CRS, its scope was extended to cover electronic money products and central bank digital currencies. Furthermore, the updates also contain provisions to ensure an efficient interaction between the CRS and the separate Crypto-Asset Reporting Framework (CARF). It should be noted that Andorra will implement the CARF in the future, thus the application of the CARF related provisions is postponed to the future;

 to update the legal reference on data protection legislation: all the references to the repealed Directive 95/46/EC were removed and replaced with references to the GDPR (i.e. Regulation (EU) 2016/679). It should be noted that Andorra is the beneficiary of an EU adequacy decision concerning data protection.

Including the above listed changes to the Agreement would result in better cooperation based on common rules and enhance the fight against tax evasion and money laundering, thus bringing added value for both the Member States and Andorra. The modifications of CRS will apply from 1 January 2026 and – in line with that – the respective provisions of DAC8 will apply in the EU from that onwards.

According to Article 218(6)(b) TFEU, the Council can only adopt the decision to conclude the agreement after the European Parliament gives its opinion.

The rapporteur welcomes the conclusion of the Amending Protocol to the Agreement between the European Union and the Principality of Andorra on the automatic exchange of financial account information to improve international tax compliance, as it is an important step in continuing and deepening the administrative tax cooperation between the parties. The Amending Protocol ensures that the existing agreement remains aligned with the respective EU legislation.

 

In view of the technical nature of the proposal and the urgency of adopting the proposal, your rapporteur proposes that Parliament approves the proposal without amendments pursuant to a simplified procedure without amendments (rule 52). However, the rapporteur would like to raise that the Parliament should be involved at an earlier stage of the process and have more time to prepare its opinion next time.

ANNEX: DECLARATION OF INPUT

The rapporteur declares under her exclusive responsibility that she did not include in her report input from interest representatives falling within the scope of the Interinstitutional Agreement on a mandatory transparency register[1], or from representatives of public authorities of third countries, including their diplomatic missions and embassies, to be listed in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.