26 Amendments of Daniel BUDA related to 2023/0315(COD)
Amendment 75 #
Proposal for a directive
Recital 2
Recital 2
(2) The elimination of barriers to the development of activities of non-profit associations across Member States is essential in order to attain their freedom of establishment, as well as other fundamental freedoms such as the freedom to provide and receive capital and the freedom to provide and receive services within the internal market. By approximating the provisions of national law which affect the exercise of these freedoms, this Directive serves the objective of improving the functioning of the internal market. In so doing, this Directive will further serve the objectives of strengthening European integration, ensuring equal treatment, promoting social fairness and prosperity for EU citizens and facilitating the effective exercise of the freedom of assembly and of association throughout the Union.
Amendment 77 #
Proposal for a directive
Recital 7
Recital 7
(7) A fully functioning internal market for the activities of non-profit associations is essential in order to promote economic and social growth across Member States. At present, barrierthe lack of harmonisation of practices within the internal market prevents non-profit associations from extending their operations beyond their national borders as they often encounter unjustifiable restrictions, such as taxes, formalities and administrative or other obstacles, thereby hindering the effective operation of the internal market. Working towards a fully effectivefunctional internal market requires full freedom of establishment for all activities which contribute to the objectives of the Union, thereby bolstering cohesion and cooperation throughout the European Union.
Amendment 80 #
Proposal for a directive
Recital 9
Recital 9
(9) These barriers arise due to inconsistencies in the national legal frameworks of Member States. The legal framework in which non-profit associations carry out their activities in the Union is based on national law, without harmonisation at Union level. Presently, non-profit associations do not receive uniform recognition of their legal personality and capacity throughout the Union and often need to follow a host of different administrative procedures in multiple Member States, for example, to register for a second time in another Member State or even to form a new legal entity in order to engage in activities in a Member State other than the one in which they are established. The fundamental elements concerning the mobility of non- profit associations within the Union remain inadequately regulatharmonised, resulting in legal ambiguity for all non-profit associations with cross-border activities. For instance, when non-profit associations intend to relocate their registered office to a new Member State, uncertainties persist regarding relocation. In particular, the lack of a possibility of transferring the registered office without going through a liquidation hinders non-profit associations from acting, moving, and restructuring across borders within the Union. National rules diverge and often fail to provide clear solutions and procedures for the exercise of cross-border mobility and economic activities of non-profit associations, which constitutes an obstacle to the proper functioning of the internal market.
Amendment 81 #
Proposal for a directive
Recital 10
Recital 10
(10) The ability to access and channel funds and capital efficiently across borders is necessary in order to facilitate non-profit associations’ activities in the internal market. Cooperation and the exchange of best practices between non-profit associations from different States can help to increase the efficiency and impact of their actions at European level. By promoting common standards and a cohesive approach, red tape can be reduced and cross-border financial support encouraged in a more fluid and efficient way. This includes remuneration for economic activities, but also donations, inheritance, or other forms of funding. Different regulatory frameworks and existing restrictions in the Member States regarding receiving, soliciting donations, and similar contributions in whatever form result in fragmentation in the internal market and constitute a barrier to the functioning of the internal market.
Amendment 82 #
Proposal for a directive
Recital 11
Recital 11
(11) Moreover, laws of certain Member States impose requirements regarding nationality or legal residence on members of non-profit associations or on members of the executive body of such non-profit associations. Such requirements should be eliminated in order to protect the exercise of freedom of establishment and freedom of association of EU citizens, which would encourage the active participation of EU citizens in various non-profit organisations, irrespective of their country of nationality or residence.
Amendment 90 #
Proposal for a directive
Recital 19 – paragraph 1
Recital 19 – paragraph 1
The non-profit purpose of an ECBA should mean that, when a profit is generated by means of economic activities, it should be used only in pursuit of the objectives of the ECBA, as defined in its statutes, and may not be redistributed among members, founders or any other private parties. Therefore, there should be an asset lock requiring that no distribution of assets to members is to take place, even in the event of dissolution. In the latter case, residual assets should be transferred in a disinterested manner, such as to other non- profit associations having the same purpose.
Amendment 91 #
Proposal for a directive
Recital 20
Recital 20
(20) In a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail, ECBAs should pursue objectives that are compatible with the values enshrined in Article 2 of the Treaty on European Union (‘TEU’) such as the respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. In addition, it should not be possible to usethe use of ECBAs for terrorist financing, tax evasion, tax avoidance, money laundering or any criminal offences or illegal purposes should be prohibited.
Amendment 96 #
Proposal for a directive
Recital 25
Recital 25
(25) In order to remove legal and administrative barriers for non-profit associations operating in more than one Member State and ensure the proper functioning of the internal market, all Member States should automatically recognise an ECBA’s legal personality and legal capacity. This legal personality and the legal capacity should be granted upon the ECBA’s registration in a Member State. This approach should considerably reduce the administrative burden and time required for the ECBA to start carrying out cross-border activities, thus facilitating an environment conducive to the efficient functioning of non-profit associations at EU level and to their fruitful collaboration.
Amendment 97 #
Proposal for a directive
Recital 26
Recital 26
(26) ECBAs should be able to decide freely on their rules of operation. Any limitation on this freedom imposed by a Member State should be applied in a general and non-discriminatory way, prescribed by law, justified by an overriding reason in the public interest, and be appropriate for ensuring the attainment of the objective pursued and not going beyond what is necessary for it to be attained, based on the interpretation of the Member State concerned.
Amendment 99 #
Proposal for a directive
Recital 27
Recital 27
(27) Articles 52, 62 and 65 TFEU and relevant case law also apply to ECBAs. These TFEU Articles provide for the justification of measures restricting the freedom of establishment, freedom to provide services and free movement of capital on grounds including public policy, public security and public health. Furthermore, the concept of ‘overriding reasons in the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law. Measures by Member States that are liable to hinder or make less attractive the exercise of those Treaty freedoms should be permitted only where they can be justified by objectives listed in the Treaty or by overriding reasons in the public interest recognised by Union law. While no exhaustive definition exists, the Court of Justice has recognised that justifications are possible on various grounds such as public policy, public security and public health, the maintenance of order in society, social policy objectives, the protection of the recipients of services, consumer protection, the protection of workers, provided that the other conditions are met. Such measures need, in any event, to be properly justified, appropriate for ensuring the attainment of the objective in question and not go beyond what is necessary to attain that objective, based on the interpretation of the Member State concerned.
Amendment 102 #
Proposal for a directive
Recital 30
Recital 30
(30) In accordance with the principle of non-discrimination and to ensure equal treatment and the freedom of association, in the implementation and application of this Directive there should be no discrimination against any group or individual on any grounds, such as birth, age, colour, sex and gender, sexual orientation, gender identity, health conditions, immigration or residency status, genetic features, language, national, ethnic or social origin, political or any other opinion, membership of a national minority, physical or mental disability, property, race, religion or belief, or other status.
Amendment 103 #
Proposal for a directive
Recital 31
Recital 31
(31) To facilitate the cooperation among Member States and between Member States and the Commission, Member States should designate a competent authority responsible for the application of the rule transposing this Directive (‘competent authority’) and forward this to the Commission. The Commission should publish on its website the list of competent authorities in the Member States and update this where necessary. To have a comprehensive overview of the legal treatment of ECBAs in Member States, Member States should notify the Commission of the names and tasks of relevant authorities, other than the competent authorities, established or designated for the purposes of the national rules applicable to the most similar non- profit association in national law, if applicable.
Amendment 107 #
Proposal for a directive
Recital 34
Recital 34
(34) To ensure that ECBAs fully benefit from proper functioning of the internal market, ECBAs should be able to provide and receive services, as well as to engage in trade in goods without interference fromunjustifiable interventions by Member States. RAny restrictions should be permitted only if they are prescribed by law, if they are justified by overriding reasons in the public interest, and if they are appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained, based on the interpretation of the Member State concerned. This should not affect provisions of other Union acts. This should include the provisions of Union acts that reinforce the fundamental freedoms, such as those laid down in Directive 2006/123/EC of the European Parliament and of the Council41, which guarantee the freedom of establishment and the freedom to provide services as well as the provisions of other Union acts which regulate specific economic activities ECBAs engage in. _________________ 41 Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market (OJ L 376, 27.12.2006, p. 36).
Amendment 110 #
Proposal for a directive
Recital 39
Recital 39
(39) To prevent fraud, it is important that Member States verify the identity of the founding members and the legal representatives of the ECBA. The verification of identity is particularly important, especially if the application for registration is conducted electronically. Due to the variety of different practices in Member States, the specific methods of verifying identity should remain in the prerogative of the Member State concerned. This approach provides the necessary flexibility to take account of the specific traditions, specificities and procedures of each State, while ensuring that security and authenticity standards are respected at EU level.
Amendment 116 #
Proposal for a directive
Recital 47
Recital 47
(47) To enable an ECBA to prove that it has registered within a Member State and to further facilitate cross-border procedures and simplify and reduce formalities, the competent authorities should, as the final step of the registration process, issue a certificate (’ECBA certificate’) which contains the essential registration information, including the name of an the association followed or preceded by the acronym 'ECBA', the address of its registered office, and the names of the legal representatives. To facilitate the use of this certificate in various Member States without additional adaptations or compliance costs, the Commission should establish a standardised template available in all languages of the Union. Therefore, in order to ensure uniform conditions for the implementation of this act, implementing powers should be conferred on the Commission to produce a standardised template including in relation to the technical specifications of the template. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council48. Those implementing acts should be adopted in accordance with the examination procedure referred to in Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council. _________________ 48 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers, OJ L 55, 28.02.2011.
Amendment 117 #
Proposal for a directive
Recital 48
Recital 48
(48) The notion of ‘particularly serious crime’ should be defined by Member States andunderstood to mean one of the offences listed in Article 2(2) of the Council Decision on the European Arrest Warrant, strictly interpreted by Member States and applied across the board. This may include terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime and organised crime.
Amendment 125 #
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Member States shall ensure that an ECBA shall have a non-profit purpose and any profits of an ECBA shall be used exclusively for the pursuit of its objectives, as described in its statutes, without any distribution among its members, founders or any other private parties.
Amendment 132 #
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained, based on the interpretation of the Member State concerned.
Amendment 144 #
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall ensure that all decisions of competent authorities on their territory affecting the rights and obligations of ECBAs, or the rights and obligations of other persons in connection to the operations of ECBAs, are subject to effective, impartial and independent judicial review, in compliance with Article 47 Charter of Fundamental Rights of the Union.
Amendment 146 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained, based on the interpretation of the Member State concerned.
Amendment 155 #
Proposal for a directive
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained, based on the interpretation of the Member State concerned.
Amendment 174 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Member States shall ensure that the application for registration of an ECBA, including in cases of conversions and mergers, may be submitted online.
Amendment 178 #
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Each Member State shall establish a national register or use an existing national register for the purposes of registration of ECBAs pursuant to Article 19.
Amendment 196 #
Proposal for a directive
Article 25 – paragraph 4
Article 25 – paragraph 4
4. Member States shall ensure that where, after having duly examined the replies by the ECBA pursuant to paragraph 3 of this Article, the competent authority determines that the ECBA must be dissolved because one of the reasons referred to in paragraph 2 of this Article has been ascertained, it shall adopt a written and reasoned decision to that effect. A decision to dissolve an ECBA may only be taken where there are no less restrictive measures capable of addressing the concerns raised by the competent authority.
Amendment 200 #
Proposal for a directive
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall notify the Commission of the names of the competent authority designated pursuant to paragraph 1. The Commission shall publish on its website a list of the designated competent authorities and update this where necessary.
Amendment 201 #
Proposal for a directive
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The competent authorities of Member States shall cooperate with and assist each other, without undue delays, in an effective and efficient way for the purposes of the application of the provisions of this Directive.