Date: 2025-11-20Category: Not ApplicableState: Union GovernmentCountry: Europe
Council Decision (EU) 2025/2325 of 10 October 2025 on the signing, on behalf of the Union, and provisional application 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
**Executive Summary**
This Council Decision (EU) 2025/2325, adopted on October 10, 2025, authorizes the signing and provisional application, on behalf of the Union, of the Amending Protocol to the agreement between the EU and the Swiss Confederation on the automatic exchange of financial account information. The Amending Protocol aims to improve international tax compliance and its provisions are to apply from January 1, 2026.
**Key Points / Main Content**
* **Agreement Amendment:** The Amending Protocol updates the existing agreement between the EU and Switzerland on automatic exchange of financial account information.
* **CRS Updates:** The Protocol reflects changes to the Common Reporting Standard (CRS) approved internationally in August 2022, which have been incorporated into Union law via Directive (EU) 2023/2226.
* **Expanded Scope:** The Protocol broadens the CRS reporting scope to include new digital financial products (e.g., Specified Electronic Money Products and Central Bank Digital Currencies).
* **Enhanced Reporting:** It introduces more detailed reporting requirements and strengthened due-diligence procedures.
* **Mutual Assistance:** The Protocol includes provisions for mutual assistance in the collection of direct and indirect taxes between the EU and Switzerland.
* **Data Protection:** It updates references to data protection legislation of the Contracting Parties. Switzerland is considered as providing an adequate level of protection for personal data transferred from the Union.
* **Provisional Application:** Certain articles of the Amending Protocol, annexes, and declarations will be applied provisionally from January 1, 2026, pending its full entry into force.
* **Affected Articles:** The provisional application concerns amendments to Article 1(1) [subparagraphs (m) and (u)], Articles 2 and 3, Article 4p, Annexes I and III, and the Joint Declarations of the Contracting Parties.
**Impact Analysis**
**European Union**
**Impact:** The EU will be able to automatically exchange financial account information with Switzerland under the updated CRS framework.
**Action Required:** The EU needs to formally sign and then conclude the Amending Protocol.
**Swiss Confederation**
**Impact:** Switzerland will be required to implement the updated CRS reporting standards, including the new provisions for digital financial products and mutual assistance in tax collection.
**Action Required:** Switzerland needs to implement the necessary legislative and administrative changes to comply with the Amending Protocol.
**Financial Institutions in the EU and Switzerland**
**Impact:** Financial institutions will have to adapt their reporting systems and due diligence procedures to comply with the updated CRS requirements, including reporting on new digital financial products.
**Action Required:** Financial institutions must update their systems to capture and report the expanded scope of information required under the new CRS.
**Tax Authorities in the EU and Switzerland**
**Impact:** Tax authorities will receive more comprehensive financial account information, enabling them to improve international tax compliance.
**Action Required:** Tax authorities should update their data processing and analysis capabilities to effectively utilize the increased data flow.
Key Entities Referenced
Amending Protocol to the Agreement between the European Union and the Swiss Confederation: Amends the existing agreement on the automatic exchange of financial account information to improve international tax compliance, expanding reporting scope and strengthening due diligence.
Common Reporting Standard (CRS): A standard of the Organisation for Economic Cooperation and Development. It provides for the automatic exchange of financial account information between jurisdictions.
Agreement between the European Union and the Swiss Confederation: The existing agreement on the automatic exchange of financial account information to improve international tax compliance, which the Amending Protocol modifies.
Council Directive 2011/16/EU: A Council Directive on administrative cooperation in the field of taxation which is amended by Council Directive (EU) 2023/2226.
Switzerland: One of the two parties with European Union that has agreement on the automatic exchange of financial account information.
Official Journal EN
of the European Union L series
2025/2325 20.11.2025
COUNCIL DECISION (EU) 2025/2325
of 10 October 2025
on the signing, on behalf of the Union, and provisional application 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 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(5) and Article 218(8), second subparagraph, thereof,
Having regard to the proposal from the European Commission,
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(1)(‘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(2), which amended Council Directive 2011/16/EU(3).
(3) On 21 May 2024, the Council authorised the Commission to open negotiations with the Swiss Confederation
(‘Switzerland’) for an amendment of the Agreement to reflect the changes to the CRS approved at the international
level. The negotiations were successfully concluded with the initialling 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’).
(4) The Amending Protocol expands the scope of reporting for the CRS to include new digital financial products, such
as Specified Electronic Money Products and Central Bank Digital Currencies, while simultaneously introducing
more-detailed reporting requirements and strengthened due-diligence procedures. It also introduces provisions on
mutual assistance in the collection of direct and indirect taxes between the Union and Switzerland and updates the
references to the data protection legislation of the Contracting Parties.
(5) Therefore, the Amending Protocol should be signed on behalf of the Union.
(6) In order to ensure that the changes to the CRS apply from 1 January 2026 in alignment and reciprocity with the
global standard and corresponding Union law, and to facilitate the commencement of the work of the Joint
Committee, amendments set out in the Amending Protocol concerning certain articles of the Agreement, annexes to
the Agreement and declarations should be applied provisionally.
(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(4).
(1) OJ L 385, 29.12.2004, p. 30, ELI: http://data.europa.eu/eli/agree_internation/2004/911/oj.
(2) Council Directive (EU) 2023/2226 of 17 October 2023 amending Directive 2011/16/EU on administrative cooperation in the field
of taxation (OJ L, 2023/2226, 24.10.2023, ELI: http://data.europa.eu/eli/dir/2023/2226/oj).
(3) Council Directive 2011/16/EU of 15 February 2011 on administrative cooperation in the field of taxation and repealing Directive
77/799/EEC (OJ L 64, 11.3.2011, p. 1, ELI: http://data.europa.eu/eli/dir/2011/16/oj).
(4) Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural
persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free
movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39,
ELI: http://data.europa.eu/eli/reg/2018/1725/oj).
ELI: http://data.europa.eu/eli/dec/2025/2325/oj 1/2EN
OJ L, 20.11.2025
(8) Commission Decision 2000/518/EC(5)stated that, for all the activities falling within the scope of Directive 95/46/EC
of the European Parliament and of the Council(6), 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 signing 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 is hereby authorised on
behalf of the Union, subject to the conclusion of the said Amending Protocol(7).
Article 2
The amendments set out in Article 1 of the Amending Protocol concerning the following articles of the Agreement,
annexes to the Agreement and declarations shall be applied provisionally, in accordance with Article 2(2) of the Amending
Protocol, as from 1 January 2026, pending its entry into force:
— Article 1(1), subparagraphs (m) and (u);
— Article 2;
— Article 3;
— Article 4p;
— Annex I;
— Annex III;
— the Joint Declarations of the Contracting Parties.
Article 3
This Decision shall enter into force on the date of its adoption.
Done at Luxembourg, 10 October 2025.
For the Council
The President
S. LOSE
(5) Commission Decision 2000/518/EC of 26 July 2000 pursuant to Directive 95/46/EC of the European Parliament and of the Council
on the adequate protection of personal data provided in Switzerland (OJ L 215, 25.8.2000, p. 1, ELI: http://data.europa.eu/eli/dec/
2000/518/oj).
(6) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard
to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31, ELI: http://data.europa.eu/
eli/dir/1995/46/oj).
(7) The text of the Amending Protocol is published in OJ L, 2025/2326, 20.11.2025, ELI: http://data.europa.eu/eli/agree_prot/2025/
2326/oj.
2/2 ELI: http://data.europa.eu/eli/dec/2025/2325/oj