Council Decision (EU) 2025/2413 of 20 November 2025 on the conclusion of the Amending Protocol to the Agreement between the European Union and the Swiss Confederation on the automatic exchange of financial account information to improve international tax compliance
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Address https://gelex.eu/eli/EU/decision/2025/2413@2025-11-20/en
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 113 and 115, in conjunction with Article 218(6), second subparagraph, point (b), and Article 218(8), second subparagraph, thereof,
Having regard to the proposal from the European Commission,
Having regard to the opinion of the European Parliament,
Whereas:
(1) The Agreement between the European Union and the Swiss Confederation on the automatic exchange of financial account information to improve international tax compliance (the Agreement) has enhanced mutual assistance in tax matters between the Contracting Parties and improved international tax compliance.
(2) Important changes to the Common Reporting Standard (CRS) of the Organisation for Economic Cooperation and Development were approved at international level on 26 August 2022 and were incorporated into Union law by means of Council Directive (EU) 2023/2226, which amended Council Directive 2011/16/EU.
(3) Therefore, the Agreement needs to be amended to ensure that the automatic exchange of financial account information between Member States and the Swiss Confederation (Switzerland) is aligned with, and continues to take place in accordance with, the updated CRS from 1 January 2026. The Agreement also needs to be amended to provide the Member States with new mutual assistance provisions for the recovery of value-added tax claims.
(4) The text of the Amending Protocol to the Agreement between the European Union and the Swiss Confederation on the automatic exchange of financial account information to improve international tax compliance (the Amending Protocol), which is the result of the negotiations, duly reflects the negotiating directives issued by the Council.
(5) In accordance with Council Decision (EU) 2025/2325, the Amending Protocol was signed on 20 October 2025, subject to its conclusion at a later date.
(6) The Amending Protocol should be approved on behalf of the Union.
(7) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council.
(8) Commission Decision 2000/518/EC stated that, for all the activities falling within the scope of Directive 95/46/EC of the European Parliament and of the Council, Switzerland is considered as providing an adequate level of protection of personal data transferred from the Union. The Commission report of 15 January 2024 to the European Parliament and the Council on the first review of the functioning of the adequacy decisions adopted pursuant to Article 25(6) of Directive 95/46/EC confirms that Switzerland continues to provide an adequate level of protection for personal data transferred from the Union,
HAS ADOPTED THIS DECISION:
Article 1
The Amending Protocol to the Agreement between the European Union and the Swiss Confederation on the automatic exchange of financial account information to improve international tax compliance is hereby approved on behalf of the Union.
Article 2
This Decision shall enter into force on the date of its adoption.
Done at Brussels, 20 November 2025. For the Council The President K. Kallas