Activities of Manon AUBRY related to 2020/2026(INL)
Shadow reports (1)
REPORT with recommendations to the Commission on a statute for European cross-border associations and non-profit organisations
Amendments (63)
Amendment 2 #
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to Article 11 of the Treaty on the European Union on an open, transparent and structured dialogue with civil society and representative associations,
Amendment 17 #
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas a European Statute for Association should be open to organisations and citizens that want to engage in exchanges and mutual learning across borders,
Amendment 31 #
Motion for a resolution
Recital M
Recital M
M. whereas any organisation benefiting from a European statute or from European common minimum standards should not act againstact towards the promotion and the implementation the EU’s common values enshrined in the Treaties and the Charter of Fundamental Rights;
Amendment 62 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets that the Commission and the Member States have not brought forward legislation to harmonise the situation of associations and NPOs throughout the EU norhas not brought guidance to Member States to facilitate cross-border funding of associations and to guarantee the freedom of association nor have the EU institutions established a statute for a European association despite several attempts, and numerous calls by civil society;
Amendment 66 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that, as only certain associations and NPOs are operating in the social economy,Takes note of the upcoming Social Economy Action Plan, while very much welcomed, needs to be complemented by separate legislative initiatives to cover all a and considers that in order to be fully effective it needs to be complemented by a European Association Statute and European benchmarks for Associations; and NPOs
Amendment 67 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that, due to their particular character, the proposed legal instruments are to refrain from regulating political parties; furthermore, recalls that the Union respects the status of churches, religious organisations or communities, as well as philosophical or non-confessional organisations under national law; underlines that this does not preclude organisations that only draw from a religious, philosophical or non- confessional inspiration such as faith-based charitable NPOs, from benefitting from the scope of these proposals; points out that trade unions in several Member States are given a special beneficial status and, they should therefore be excluded from the proposed instruments but however should be given a choice to make use of the provisions under the proposed instruments, if they so wish; Points out to the fact that NPOs are likewise free to choose to make use of the provisions under the proposed regulation whereas for NPOs, the directive automatically applies;
Amendment 78 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasizes that NPOs are an essential instrumental for democracy and policy making at all levels; condemns attempts to depoliticise NPOs, such as by refusing or challenging their status as public benefit organisation where their activities are not meant to benefit one particular party, for promoting and working for the public good, are part of the checks and balances for the rule of law, and a driver for civic engagement including of those that are furthest away from public participation;
Amendment 81 #
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the importance of the independence of NPOs and the need to ensure an enabling civic environment for NPOs, respecting their plurality and understanding public benefit organisations as contributing to both providing services on the ground, but also advocating for the public good and monitoring public policies;
Amendment 82 #
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Condemns attempts to restrict NPOs civic space, including by refusing or challenging their status as public benefit organisation on political grounds;
Amendment 90 #
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Considers that complementary measures must be developed in order to ensure a structured civil dialogue with representative associations and civil society organisations.
Amendment 92 #
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the European Union institutions to develop a participatory status for public benefit organisations using good practice at international level.
Amendment 110 #
Motion for a resolution
Annex I – Part I – 5
Annex I – Part I – 5
(5) Associations play a key role in helpencouraging and encouragmpowering individuals to actively participate in the democratic life of the Union, particularly those that are furthest away facing exclusion and discrimination.
Amendment 114 #
Motion for a resolution
Annex – Part I – recital 6
Annex – Part I – recital 6
(6) The Union should provide associations, which are a form of organisation generally recognised in all Member States, with an adequate legal instrument capable of fostering their transnational activities, as well as contributing to civil dialogue at EU level, through a participatory status.
Amendment 118 #
Motion for a resolution
Annex – Part I – recital 11
Annex – Part I – recital 11
(11) The European Economic Interest Grouping (EEIG), as provided for in Regulation (EEC) No 2137/856 , does allow certain activities to be carried out in common, while nevertheless preserving the independence of its members. However, the EEIG does not meet the specific needs of civil society associations and does not provide for legal personality separate from its members. __________________ 6 Council Regulation (EEC) No 2137/85 of 25 July 1985 on the European Economic Interest Grouping (EEIG) (OJ L 199, 31.7.1985, p. 1).
Amendment 120 #
Motion for a resolution
Annex – Part I – recital 12
Annex – Part I – recital 12
(12) It is therefore necessary to establish at Union level appropriate and rules which will permit the creation of European associations a European association with own legal personality.
Amendment 123 #
Motion for a resolution
Annex – Part I – recital 12 a (new)
Annex – Part I – recital 12 a (new)
(12a) Trade unions, organisations which are associations of trade unions and foundations, associations or other non- profit bodies with a trade union aim shall be excluded from the scope of this Regulation. However, it shall be possible for organisations which are associations of trade unions or foundations, associations or other non-profit bodies with a trade union aim to decide to fall under the application of parts of the Regulation or of the Regulation as a whole, if they so wish.
Amendment 127 #
Motion for a resolution
Annex – Part I – Article 1 – paragraph 2
Annex – Part I – Article 1 – paragraph 2
2. A European Association shall be an independent and self-governed cross- border and non-profit entity established on a permanent basis within the territory of the Union by voluntary agreement between natural or legal persons for a commonlegal non-profit purposeentities.
Amendment 128 #
Motion for a resolution
Annex – Part I – Article 1 – paragraph 2 a (new)
Annex – Part I – Article 1 – paragraph 2 a (new)
2a. A European Association shall within its purpose and actual activities pursue a public benefit objective which serves the welfare of society or of part of it and is thus beneficial for the public good, including charitable, purposes, advocacy or the defence of rights.
Amendment 130 #
Motion for a resolution
Annex – Part I – Article 2 – point 1
Annex – Part I – Article 2 – point 1
1. ‘non-profit’ means that it is not the primary aim of the association and of its members to generate a profit, while it may still exercise economic activities. Where profit is generated, it is invested in the organisation for the pursuit of its objectives, and not distributed among members, founders or any other private parties. The granting of public benefit status pursuant to Article 21 is not a necessary condition to establish the non- profit nature of an association. However, where public benefit status is granted, the purpose of the association shall be regarded as non-profit;
Amendment 132 #
Motion for a resolution
Annex – Part I – Article 2 – point 2
Annex – Part I – Article 2 – point 2
2. ‘independent’ means free from any undue State interference and not part of a government or administrative structure, as well as from business. In this respect, receiving governmental funding shall not preclude an association from being deemed independent, as long as the autonomy of the association’s functioning and decision making is not affected by such funding;
Amendment 133 #
Motion for a resolution
Annex – Part I – Article 2 – point 5
Annex – Part I – Article 2 – point 5
5. ‘cross-border’ means that the association pursues the objective of transnational cooperation or cooperation across borders within the European Union, or that its founding members come from more than one Member Stateat least 3 Member States if they are legal entities or from at least 20 if they are natural persons;
Amendment 139 #
Motion for a resolution
Annex – Part I – Article 4 – title
Annex – Part I – Article 4 – title
National supervisory authoritregistration body
Amendment 141 #
Motion for a resolution
Annex – Part I – Article 4 – paragraph 1
Annex – Part I – Article 4 – paragraph 1
1. Member States shall designate an independent public authority (the ‘supervisory authoritregistration body’) to be responsible for monitoring the application of this Regulation in order to protectthroughout the Union in full compliance with the fundamental rights and freedoms of European Associations while acting across borders.
Amendment 143 #
Motion for a resolution
Annex – Part I – Article 4 a (new)
Annex – Part I – Article 4 a (new)
Article 4a Article 4 a New European Registration Body A European Registration Body shall be established It will be assisted by a Secretariat in order to ensure that the regulation is applied in a consistent manner it will: (a) develop the single e-registration procedure for European Associations and manage the digital e-Registry of European Associations at Union level; (b) process notices of registration, dissolution and other relevant decisions concerning European Associations for the purpose of publication in the Official Journal of the European Union, as provided for in this Regulation; (c) assess the adequacy of the identification of the comparable legal entities by the Member States pursuant to Article 3(2) of this Regulation on the applicable law; (d) Include European Associations in a list for structured consultations and dialogue on EU matters ( e ) Be the contact point for EU institutions for the organisation of civil dialogue(e) receive, examine and follow-up on complaints concerning the application of this Regulation,
Amendment 146 #
Motion for a resolution
Annex – Part I – Article 5
Annex – Part I – Article 5
Amendment 165 #
Motion for a resolution
Annex – Part I – Article 6 – paragraph 1 – point a
Annex – Part I – Article 6 – paragraph 1 – point a
(a) by agreement of at least three founding members; the founding members can be natural persons that are citizens or residents oflegal non-profit entities registered in at least twohree Member States,; or legal persons that have their registered officeby at least twenty natural persons that are citizens or residents in at least twohree Member States; or
Amendment 168 #
Motion for a resolution
Annex – Part I – Article 6 – paragraph 1 – point b
Annex – Part I – Article 6 – paragraph 1 – point b
(b) as the result of a conversion into a European Association of an existing entity that meets the same conditions as in paragraph a) formed under the law of a Member State and which has its registered office within the Union; or
Amendment 170 #
Motion for a resolution
Annex – Part I – Article 6 – paragraph 1 – point c
Annex – Part I – Article 6 – paragraph 1 – point c
(c) as the result of a merger between at least twohree entities belonging to the categories identified pursuant to Article 3(2) of this Regulation, formed under the laws of Member States and which have their registered office within the Union, provided that at least twohree of them are governed by the law of different Member States.
Amendment 171 #
Motion for a resolution
Annex – Part I – Article 6 – paragraph 1 – point c a (new)
Annex – Part I – Article 6 – paragraph 1 – point c a (new)
(ca) by at least ten European Associations,
Amendment 173 #
Motion for a resolution
Annex – Part I – Article 6 – paragraph 4
Annex – Part I – Article 6 – paragraph 4
Amendment 174 #
Motion for a resolution
Annex – Part I – Article 6 – paragraph 4 a (new)
Annex – Part I – Article 6 – paragraph 4 a (new)
4a. Neither the formation of a European Association nor any restructuring processes shall result in the undermining of workers’ or trade union rights or working conditions. Employers’ obligations shall be maintained, including any obligations established in collective agreements. The preferential status of workers with regard to outstanding wages, including in case of dissolution and insolvency, shall be ensured and outstanding wages shall be paid before any other creditors. Trade unions and workers’ representatives shall be informed and consulted before the formation of an European Association and any restructuring processes. Workers’ information, consultation and board-level representation rights shall be maintained.
Amendment 176 #
Motion for a resolution
Annex – Part I – Article 7 – paragraph 2
Annex – Part I – Article 7 – paragraph 2
2. Mandatory membership fees shall be adjusted to take into account the average income in the Member State of residence of the memberembers shall pay an annual membership fee decided by the General Assembly.
Amendment 177 #
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point b
Annex – Part I – Article 8 – paragraph 2 – point b
(b) a precise statement of the European Association’s objectives and its non-profit nature;
Amendment 183 #
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point h
Annex – Part I – Article 8 – paragraph 2 – point h
(h) provisions governing the appointment to and removal of members from the Board of Directors, the conditions for the initiation of proceedings against members of the Board of Directors on behalf of the European Associationcomposition and election procedures of the Board of Directors, as well as the Board’s functioning, powers and responsibilities, including powers of representation in dealings with third parties;
Amendment 201 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 2
Annex – Part I – Article 10 – paragraph 2
2. Registration shall occur via a standardised registration procedure to be developed and set up by the European Associations AuthoritRegistration Body. The registration procedure shall be electronic, accessible for persons with disabilities and free of charge and shall allow applicants to use the official language or one of the official languages of the Member State where the European Association has its registered office. The European Associations Authority and national supervisory authoritRegistration bodies shall make it possible to register by non-digital means for the citizens who wish to do so.
Amendment 203 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 3
Annex – Part I – Article 10 – paragraph 3
Amendment 206 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 5
Annex – Part I – Article 10 – paragraph 5
Amendment 210 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 6
Annex – Part I – Article 10 – paragraph 6
6. The registering authority shall communicate to the European Associations Authoritbody shall inform the European registration body without delay, and no later than 30 calendar days after the request for registration or for the granting of public benefit status has been made, an opinion concerning the application, based on the assessment conducted pursuant to paragraphs 4 and 5. If the registering authority recommends the rejection of the application, it shall provide substantiated grounds to justify its recommendationhas been accepted.
Amendment 211 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 7
Annex – Part I – Article 10 – paragraph 7
Amendment 213 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 8
Annex – Part I – Article 10 – paragraph 8
Amendment 217 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 9
Annex – Part I – Article 10 – paragraph 9
9. The European Associations AuthoritRegistration body shall ensure that the publication of the registration in the digital e-Registry of European Associations as well as in the Official Journal of the European Union takes place no later than 15 days after the drecision has become finaleipt of the information.
Amendment 256 #
Motion for a resolution
Annex – Part I – Article 19
Annex – Part I – Article 19
Amendment 281 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 3
Annex – Part I – Article 23 – paragraph 3
Amendment 283 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 4
Annex – Part I – Article 23 – paragraph 4
Amendment 285 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 5
Annex – Part I – Article 23 – paragraph 5
Amendment 289 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 6
Annex – Part I – Article 23 – paragraph 6
Amendment 291 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 7
Annex – Part I – Article 23 – paragraph 7
Amendment 294 #
Motion for a resolution
Annex – Part I – Article 24
Annex – Part I – Article 24
Amendment 310 #
Motion for a resolution
Annex – Part I – Article 27 – paragraph 1 – introductory part
Annex – Part I – Article 27 – paragraph 1 – introductory part
1. A European Association may be dissolved by binding decision of the European Associations Authority, taken on its own initiative or at the request of the supervisory authority of the Member State in which the European Association has its registered office, if:
Amendment 313 #
Motion for a resolution
Annex – Part I – Article 27 – paragraph 2
Annex – Part I – Article 27 – paragraph 2
Amendment 316 #
Motion for a resolution
Annex – Part I – Article 27 – paragraph 3
Annex – Part I – Article 27 – paragraph 3
3. Where a decision on dissolution is taken pursuant to point (a) or (b) of paragraph 1, the European Associations Authority shall grant the European Association should be granted a reasonable period of time to regularise its position before the decision takes effect.
Amendment 318 #
Motion for a resolution
Annex – Part I – Article 27 – paragraph 4
Annex – Part I – Article 27 – paragraph 4
4. Applicants may request the European Associations Authority to review its decision ordering the dissolution of the European Association within 30 calendar days of the decision having been communicated to them. National legal appeal procedures will apply.
Amendment 320 #
Motion for a resolution
Annex – Part I – Article 27 – paragraph 5
Annex – Part I – Article 27 – paragraph 5
5. The European Associations Authoritregistration body shall reflect the decision to dissolve the European Association in the digital e-Registry of European Associations and publish it in the Official Journal of the European Union no later than 15 days after the decision has become final.
Amendment 336 #
Motion for a resolution
Annex – Part II – recital 17
Annex – Part II – recital 17
(17) Trade unions, organisations which are associations of trade unions and foundations, associations or other non- profit bodies with a trade union aim should be excluded from the application. This exclusion should not in any way be used by Member States to justify a limitation of Trade Union prerogatives and rights recognised in national, EU, European or international law or human rights instruments;, in particular the Council of Europe European Social Charter and the relevant Conventions and Recommendations of the International Labour Organisation and their related case law and jurisprudence. However, organisations which are associations of trade unions or foundations, associations or other non-profit bodies with a trade union aim, may decide to fall under the application of parts of the Directive or of the Directive as a whole, if they so wish.
Amendment 337 #
Motion for a resolution
Annex – Part II – recital 17
Annex – Part II – recital 17
(17) Trade unions, organisations which are associations of trade unions and foundations, associations or other non- profit bodies with a trade union aim should be excluded from the application. This exclusion should not in anyway be used by Member States to justify a limitation of Trade Union prerogatives and rights recognised in national, EU, European or international law or human rights instruments;
Amendment 343 #
Motion for a resolution
Annex – Part II – recital 27
Annex – Part II – recital 27
(27) Non-profit organisations should have the freedom to seek, receive and use financial, material and human resources, whether domestic, foreign or international, for the pursuit of their activities. Non-profit organisations across the Union have reported increasingly difficult access to resources including public funding and there are concerns in an increasing number of Member States as regards the proportionality of strict rules being adopted on non-profit organisations’ access to foreign funding. Philanthropic organisations have reported about difficulties to donate and grant to other NPOs in some cases. It is therefore necessary to establish principles and standards on non- profit organisations’ financing, including as regards access to and use of private resources and public funding, the pursuit of economic activities and the obligation not to unduly restrict cross-border financing in line with Treaty rules on free movement of capital. National laws and EU policy should facilitate cross-border philanthropy in line with EU fundamental rights.
Amendment 348 #
Motion for a resolution
Annex – Part II – recital 30
Annex – Part II – recital 30
(30) Public authorities at all levels should establish and contribute to an open, transparent and regular dialogue with non-profit organisations on policies and legislations. They should have access to documents and Information. Non-profit organisations should be consulted in a timely, transparent and meaningful way about the introduction, review and implementation of any legislation, policies and practices that affect their operations. Member States should consult in a timely, transparent and meaningful manner non- profit organisations already established, registered or operating in their territories on the transposition and implementation of the Directive’s provisions.
Amendment 355 #
Motion for a resolution
Annex – Part II – Article 2 – paragraph 2 – point b
Annex – Part II – Article 2 – paragraph 2 – point b
(b) is independent, in the sense that it is not part of a government or administrative structure and is free from any undue interference of the state or of business and commercial interests. Governmental funding may not preclude an organisation being deemed independent, as long as the autonomy of the organisation’s functioning and decision-making is not affected;
Amendment 356 #
Motion for a resolution
Annex – Part II – Article 2 – paragraph 2 – point c a (new)
Annex – Part II – Article 2 – paragraph 2 – point c a (new)
(ca) pursues through its goals and activities a public benefit objective which serves the welfare of society or of part of it and is thus beneficial for public good, including charitable purposes, advocacy and defence of rights
Amendment 359 #
Motion for a resolution
Annex – Part II – Article 2 – paragraph 5
Annex – Part II – Article 2 – paragraph 5
5. Trade unions, organisations that are associations of trade unions and foundations, associations or other non- profit bodies with a trade union aim, shall be excluded from the scope of this Directive. However, when implementing this Directive, Member States shall ensure that organisations which are associations of trade unions or foundations, associations or other non- profit bodies with a trade union aim, may decide to fall under the application of parts of the Directive or of the Directive as a whole, if they so wish.
Amendment 360 #
Motion for a resolution
Annex – Part II – Article 2 – paragraph 5
Annex – Part II – Article 2 – paragraph 5
5. Trade unions, organisations which are associations of trade unions and foundations, associations or other non- profit bodies with a trade union aim, shall be excluded from the scope of this Directive. However, when implementing this Directive, Member States shall ensure that organisations which are associations of trade unions or foundations, associations or other non- profit bodies with a trade union aim, may decide to fall under the application of parts of the Directive or of the Directive as a whole, if they so wish.
Amendment 376 #
Motion for a resolution
Annex – Part II – Article 7 – paragraph 4
Annex – Part II – Article 7 – paragraph 4
4. Member States shall take the measures necessary to ensure that oversight and supervisregistration of non-profit organisations is undertaken by designated supervisory authoritbodies whose powers and functions shall be clearly defined by law and exercised in accordance with the right principle to good administration, including as regards the grounds for possible inspections and audits, the procedures, duration and scope of inspections and audits and the powers of inspecting and auditing officers.
Amendment 410 #
Motion for a resolution
Annex – Part II – Article 19 – paragraph 4 a (new)
Annex – Part II – Article 19 – paragraph 4 a (new)
4a. Member States shall ensure that neither cross-border conversions nor mergers have the effect to undermine workers’ or trade union rights or working conditions. They shall ensure that the employers’ obligations shall be maintained, including any obligations established in collective agreements. The preferential status of workers with regard to outstanding wages, including in case of dissolution and insolvency, shall be ensured and outstanding wages shall be paid before any other creditors. Workers’ information, consultation and board-level representation rights shall be maintained, and trade unions and workers’ representatives shall be informed and consulted before any conversion or merger.