THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive 77/779/EEC(1), and in particular Article 20(4) and Article 23(4) thereof,
Whereas:
Council Directive (EU) 2021/514(2) amended Directive 2011/16/EU to improve the provisions of the latter relating to all forms of exchanges of information and administrative cooperation and to provide for a mandatory automatic exchange of information reported by platform operators.
Commission Implementing Regulation (EU) 2022/1467(3) subsequently amended Implementing Regulation (EU) 2015/2378(4) to reflect some of those amendments.
While Implementing Regulation (EU) 2015/2378, as amended by Implementing Regulation (EU) 2022/1467, established a list of statistical data to be provided by Member States to the Commission on mandatory automatic exchange of information reported by platform operators, it did not specify by when that information should be provided. It is therefore necessary to specify the date by which that statistical data should be provided to the Commission.
To monitor conducts of joint audits in Member States pursuant to Article 12a of Directive 2011/16/EU as amended by Directive (EU) 2021/514, it is also necessary to update the statistical data required for all forms of administrative cooperation other than the mandatory automatic exchange of information.
Implementing Regulation (EU) 2015/2378 should therefore be amended accordingly.
The European Data Protection Supervisor was consulted on the measures provided for in this Regulation in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council(5).
The measures provided for in this Regulation are in accordance with the opinion of the Committee on administrative cooperation for taxation,
HAS ADOPTED THIS REGULATION:
Implementing Regulation (EU) 2015/2378 is amended as follows:
in Article 2d, the following paragraph 4 is added:
;‘4.Before 1 April each year Member States shall communicate by electronic means to the Commission the statistical data on mandatory automatic exchange of information in accordance with the list set out in Annex XV.’
Annex IX is amended in accordance with the Annex to this Regulation.
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 2 April 2025.
For the Commission
The President
Ursula von der Leyen
In Annex IX to Implementing Regulation (EU) 2015/2378, Part B is replaced by the following:
Part B: Statistics per Member State on other forms of administrative cooperation
on presence in administrative offices and participation in administrative enquiries (Article 11 of Directive 2011/16/EU)
Number of incoming presences in administrative offices and participation in administrative enquiries
Number of outgoing presences in administrative offices and participation in administrative enquiries
on simultaneous controls (Article 12 of Directive 2011/16/EU)
Number of simultaneous controls which the Member State has initiated
Number of simultaneous controls in which the Member State has participated
on joint audits (Article 12a of Directive 2011/16/EU)
Number of joint audits which the Member State has initiated
Number of joint audits in which the Member State has participated
on requests for notification (Article 13 of Directive 2011/16/EU)
Number of requests for notification sent
Number of requests for notification received
on feedback (Article 14 of Directive 2011/16/EU)
Number of requests for feedback sent
Number of feedback received
Number of requests for feedback received
Number of feedback sent’.