28 Amendments of Marion WALSMANN related to 2023/0315(COD)
Amendment 87 #
Proposal for a directive
Recital 17
Recital 17
(17) Churches and other religious organisations and philosophical or non- confessional organisations have a particular status in national law, within the meaning of Article 17 TFEU, as well as associations of these entities,. This status should also not be allowed to establish an ECBA, due to the lack of Union competence to regulate their status, and due to them having a particular status in national lawffected by this Directive. In addition, these entities should also be allowed to establish or become a member of an ECBA.
Amendment 87 #
Proposal for a directive
Recital 17
Recital 17
(17) Churches and other religious organisations and philosophical or non- confessional organisations have a particular status in national law, within the meaning of Article 17 TFEU, as well as associations of these entities,. This status should also not be allowed to establish an ECBA, due to the lack of Union competence to regulate their status, and due to them having a particular status in national lawffected by this Directive. In addition, these entities should also be allowed to establish or become a member of an ECBA.
Amendment 105 #
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 public authority responsible for the application of the rule transposing this Directive, such as courts, notaries or other authorities (‘competent authority’). The Commission should publish the list of competent authorities. 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 105 #
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 public authority responsible for the application of the rule transposing this Directive, such as courts, notaries or other authorities (‘competent authority’). The Commission should publish the list of competent authorities. 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 111 #
Proposal for a directive
Recital 39
Recital 39
(39) To prevent fraud and to ensure the reliability of the register, it is important that Member States verify the identity of the founding members and the legal representatives of the ECBA by means of public preventive control. The verification of identity is particularly important 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.
Amendment 111 #
Proposal for a directive
Recital 39
Recital 39
(39) To prevent fraud and to ensure the reliability of the register, it is important that Member States verify the identity of the founding members and the legal representatives of the ECBA by means of public preventive control. The verification of identity is particularly important 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.
Amendment 113 #
Proposal for a directive
Recital 41
Recital 41
(41) Member States should be required to establish a register for the purposes of the registration and for maintaining and publishing information on ECBAs. This register should contain information about ECBAs and the submitted documents. As the information kept in the register may become outdated, Member States should ensure that the ECBA notifies any changes concerning the information on ECBAs to the competent authority and that the information held in the register is updated. Member States should be allowed to make use of their existing national registers and the corresponding register procedures for the purpose of this Directive. In order to ensure transparency especially for members of an ECBA and its creditors, if applicable, the ECBA certificate, the liquidation and the dissolution of an ECBA are pieces of information that should be made publicly available for a maximum of 6 months after the dissolution of an ECBA. The interoperability solutions developed as part of the implementation of the Proposal for a Regulation of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union42 can further support Member States to move towards cross-border interoperability of their registers. To ensure that information about the existence of an ECBA is still available even after its dissolution, all data retained and stored in the register should be kept for 2 years after dissolution. The requirements under applicable national law concerning the authenticity, reliability and the appropriate legal form of documents or information that are submitted for online registration of an ECBA shall remain unaffected by this Directive, provided that online registration as set out in this Directive is possible. _________________ 42 COM(2022)720.
Amendment 113 #
Proposal for a directive
Recital 41
Recital 41
(41) Member States should be required to establish a register for the purposes of the registration and for maintaining and publishing information on ECBAs. This register should contain information about ECBAs and the submitted documents. As the information kept in the register may become outdated, Member States should ensure that the ECBA notifies any changes concerning the information on ECBAs to the competent authority and that the information held in the register is updated. Member States should be allowed to make use of their existing national registers and the corresponding register procedures for the purpose of this Directive. In order to ensure transparency especially for members of an ECBA and its creditors, if applicable, the ECBA certificate, the liquidation and the dissolution of an ECBA are pieces of information that should be made publicly available for a maximum of 6 months after the dissolution of an ECBA. The interoperability solutions developed as part of the implementation of the Proposal for a Regulation of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union42 can further support Member States to move towards cross-border interoperability of their registers. To ensure that information about the existence of an ECBA is still available even after its dissolution, all data retained and stored in the register should be kept for 2 years after dissolution. The requirements under applicable national law concerning the authenticity, reliability and the appropriate legal form of documents or information that are submitted for online registration of an ECBA shall remain unaffected by this Directive, provided that online registration as set out in this Directive is possible. _________________ 42 COM(2022)720.
Amendment 122 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) trade unions, political parties, religious organisations and associations of such entities;
Amendment 122 #
Proposal for a directive
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) trade unions, political parties, religious organisations and associations of such entities;
Amendment 127 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. By [two yearsImmediately after the entry into force of this Directive], each Member State shall identify the single most similar legal form of non-profit association in its domestic legal order as referred to in paragraph 2 and notify the Commission thereof and of the national rules that apply to that legal form. Member States shall notify the Commission without delay of any changes regarding the legal forms identified and of any changes to the rules applicable to them. Member States and the Commission shall make the notified information referred to in this paragraph publicly available.
Amendment 127 #
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. By [two yearsImmediately after the entry into force of this Directive], each Member State shall identify the single most similar legal form of non-profit association in its domestic legal order as referred to in paragraph 2 and notify the Commission thereof and of the national rules that apply to that legal form. Member States shall notify the Commission without delay of any changes regarding the legal forms identified and of any changes to the rules applicable to them. Member States and the Commission shall make the notified information referred to in this paragraph publicly available.
Amendment 162 #
Proposal for a directive
Article 17 – title
Article 17 – title
Conversion of non-profit associations into an ECBAs and mergers
Amendment 162 #
Proposal for a directive
Article 17 – title
Article 17 – title
Conversion of non-profit associations into an ECBAs and mergers
Amendment 163 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that non-profit associations established in the Union may convert into an ECBA within the same Member Stateor merge with other non-profit associations established in the Union or an ECBA, in particular, within the same Member State. Member States shall ensure that (a) any conversion or merger is approved by the decision-making body of the converting entity; (b) the conversion or merger shall not result in the dissolution of the non-profit association that is converting or merging or any loss of interruption of its legal personality; (c) all assets and liabilities are transferred to the newly constituted ECBA; (d) the conversion or merger shall take effect upon registration of the newly constituted ECBA in accordance with Article 19; (e) the entry concerning the non-profit association that has converted is removed from any register.
Amendment 163 #
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Member States shall ensure that non-profit associations established in the Union may convert into an ECBA within the same Member Stateor merge with other non-profit associations established in the Union or an ECBA, in particular, within the same Member State. Member States shall ensure that (a) any conversion or merger is approved by the decision-making body of the converting entity; (b) the conversion or merger shall not result in the dissolution of the non-profit association that is converting or merging or any loss of interruption of its legal personality; (c) all assets and liabilities are transferred to the newly constituted ECBA; (d) the conversion or merger shall take effect upon registration of the newly constituted ECBA in accordance with Article 19; (e) the entry concerning the non-profit association that has converted is removed from any register.
Amendment 165 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that any conversion is approved by the decision-making body of the converting entitywill apply the existing rules on (cross-border) conversions, mergers and divisions also to non-profit association and ECBAs in line with directive (EU) 2017/1132.
Amendment 165 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. Member States shall ensure that any conversion is approved by the decision-making body of the converting entitywill apply the existing rules on (cross-border) conversions, mergers and divisions also to non-profit association and ECBAs in line with directive (EU) 2017/1132.
Amendment 166 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 166 #
Proposal for a directive
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 167 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 167 #
Proposal for a directive
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 168 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 168 #
Proposal for a directive
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 169 #
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 169 #
Proposal for a directive
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 171 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that an application for registration of an ECBA is submitted to the competent authority of the Member State in which the ECBA intends to have its registered office. The application shall be made in the form applicable to the most similar non-profit association in national law and be accompanied by the following documents and information, provided in an official language of that Member State or any other language allowed under the law of that Member State:
Amendment 171 #
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that an application for registration of an ECBA is submitted to the competent authority of the Member State in which the ECBA intends to have its registered office. The application shall be made in the form applicable to the most similar non-profit association in national law and be accompanied by the following documents and information, provided in an official language of that Member State or any other language allowed under the law of that Member State: