24 Amendments of Manon AUBRY related to 2023/0315(COD)
Amendment 76 #
Proposal for a directive
Recital 6
Recital 6
(6) Among the legal forms available in the non-profit sector and the social economy, the legal form of the non-profit association is the choice for the large majority. In addition to contributing to the Union's objectives and to achieving goals that are in the public interest, non-profit associations make an important contribution to the internal market by engaging on a regular basis in a wide range of non-economic and economic activities, for example by offering services in sectors such as social services and health, communication and information, advocacy, culture, the protection of the environment, education, recreation, sports, and in the promotion of scientific and technological advances. This is true when the pursuit of economic activities is the principal activity or objective of the non- profit association, and in other cases.
Amendment 76 #
Proposal for a directive
Recital 6
Recital 6
(6) Among the legal forms available in the non-profit sector and the social economy, the legal form of the non-profit association is the choice for the large majority. In addition to contributing to the Union's objectives and to achieving goals that are in the public interest, non-profit associations make an important contribution to the internal market by engaging on a regular basis in a wide range of non-economic and economic activities, for example by offering services in sectors such as social services and health, communication and information, advocacy, culture, the protection of the environment, education, recreation, sports, and in the promotion of scientific and technological advances. This is true when the pursuit of economic activities is the principal activity or objective of the non- profit association, and in other cases.
Amendment 79 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to establish a genuine internal market for the economic activities of non-profit associations, it is necessary to abolish any unjustified restrictions on the freedom of establishment, the free movement of services, the free movement of goods and the free movement of capital and where applicable their public funding, that still apply in the laws of certain Member States. These restrictions hinder non-profit associations from operating cross-border, not least because they impose on them a specific need to allocate resources to unnecessary administrative or compliance activities, which has a particularly deterrent effect in view of their non-profit nature.
Amendment 79 #
Proposal for a directive
Recital 8
Recital 8
(8) In order to establish a genuine internal market for the economic activities of non-profit associations, it is necessary to abolish any unjustified restrictions on the freedom of establishment, the free movement of services, the free movement of goods and the free movement of capital and where applicable their public funding, that still apply in the laws of certain Member States. These restrictions hinder non-profit associations from operating cross-border, not least because they impose on them a specific need to allocate resources to unnecessary administrative or compliance activities, which has a particularly deterrent effect in view of their non-profit nature.
Amendment 84 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Taking into account their particular nature and their non-profit purpose, large part of the activities of non-profit associations may be organized in a non-commercial way and thus be non-economic in nature. Public funding thereof should therefore not be considered by default as State aid
Amendment 84 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Taking into account their particular nature and their non-profit purpose, large part of the activities of non-profit associations may be organized in a non-commercial way and thus be non-economic in nature. Public funding thereof should therefore not be considered by default as State aid
Amendment 85 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11 b) Taking into account their particular nature and their non-profit purpose, associations managing services of general economic interest or social services must benefit from the provisions laid down in article 106 of the TFEU. Their public funding should therefore not be considered as State aid
Amendment 85 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11 b) Taking into account their particular nature and their non-profit purpose, associations managing services of general economic interest or social services must benefit from the provisions laid down in article 106 of the TFEU. Their public funding should therefore not be considered as State aid
Amendment 89 #
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. The direct beneficiaries of organisations aimed at providing care services for individuals with specific social needs or health conditions, should not be considered to be private parties. In addition, its governing body must not have any direct or indirect financial interests with the ECBA activities . 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 89 #
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. The direct beneficiaries of organisations aimed at providing care services for individuals with specific social needs or health conditions, should not be considered to be private parties. In addition, its governing body must not have any direct or indirect financial interests with the ECBA activities . 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 95 #
Proposal for a directive
Recital 24
Recital 24
(24) To ensure that Member States have the appropriate tools to combat terrorism financing and ensure transparency of certain capital movements, the rules applicable to ECBAs under this Directive should be without prejudice to measures adopted by Member States to prevent the misuse of non-profit associations for public policy and public security reasons and to ensure transparency of certain capital movements in the context of the fight against terrorism when required by Union law, or national law in compliance with Union law provided that these measures comply with the Charter of Fundamental Rights and international standards on freedom of association and the EU Free Movement of Capital .
Amendment 95 #
Proposal for a directive
Recital 24
Recital 24
(24) To ensure that Member States have the appropriate tools to combat terrorism financing and ensure transparency of certain capital movements, the rules applicable to ECBAs under this Directive should be without prejudice to measures adopted by Member States to prevent the misuse of non-profit associations for public policy and public security reasons and to ensure transparency of certain capital movements in the context of the fight against terrorism when required by Union law, or national law in compliance with Union law provided that these measures comply with the Charter of Fundamental Rights and international standards on freedom of association and the EU Free Movement of Capital .
Amendment 98 #
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 appropriduly justified, proportionate for ensuring the attainment of the objective in question and not go beyond what is necessary to attain that objectiveinterpreted strictly by the Member State implementing them and not go beyond what is necessary to attain their objective. This is particularly relevant as many associations are active in the abovementioned public interest areas.
Amendment 98 #
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 appropriduly justified, proportionate for ensuring the attainment of the objective in question and not go beyond what is necessary to attain that objectiveinterpreted strictly by the Member State implementing them and not go beyond what is necessary to attain their objective. This is particularly relevant as many associations are active in the abovementioned public interest areas.
Amendment 108 #
Proposal for a directive
Recital 35
Recital 35
(35) In order to establish a genuine internal market for non-profit associations, it is necessary to abolish certain restrictions on the freedom of establishment, the free movement of services and the free movement of capital that still apply in the laws of certain Member States. Therefore, Member States should not impose any discriminatory requirements based on the nationality of members of an ECBA or its executive body, except as provided for by this Directive. Nor should Member States provide for any requirement on physical presence of members for the validity of a meeting. To enable ECBAs to enjoy the full benefits of the internal market, Member States should not require the registered office of an ECBA to be in the same Member State as its central administration or the principal place of operations. Member States should also not impose general prohibitions on ECBAs carrying out economic activities, nor only allow them to engage in economic activities if they are linked to an objective set out in an ECBA’s statutes. In line with the right to freedom of expression, Member States should not impose any restrictions or additional requirements with regard to participation in matters of public or political debate, including, inter alia, the organisation of or participation in public interest advocacy, activism, demonstrations, whether carried out on a regular basis or on occasion, as part of the objectives of the ECBA or through its activities, irrespective of whether such participation is perceived or real.
Amendment 108 #
Proposal for a directive
Recital 35
Recital 35
(35) In order to establish a genuine internal market for non-profit associations, it is necessary to abolish certain restrictions on the freedom of establishment, the free movement of services and the free movement of capital that still apply in the laws of certain Member States. Therefore, Member States should not impose any discriminatory requirements based on the nationality of members of an ECBA or its executive body, except as provided for by this Directive. Nor should Member States provide for any requirement on physical presence of members for the validity of a meeting. To enable ECBAs to enjoy the full benefits of the internal market, Member States should not require the registered office of an ECBA to be in the same Member State as its central administration or the principal place of operations. Member States should also not impose general prohibitions on ECBAs carrying out economic activities, nor only allow them to engage in economic activities if they are linked to an objective set out in an ECBA’s statutes. In line with the right to freedom of expression, Member States should not impose any restrictions or additional requirements with regard to participation in matters of public or political debate, including, inter alia, the organisation of or participation in public interest advocacy, activism, demonstrations, whether carried out on a regular basis or on occasion, as part of the objectives of the ECBA or through its activities, irrespective of whether such participation is perceived or real.
Amendment 119 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) “non-profit purpose” means that, regardless of whether the association’s activities are of an economic nature or not, any profits generated are used only in pursuit of the objectives of the ECBA as defined in its statutes and not to be distributed among its members including its governing body, in a direct or indirect manner ;
Amendment 119 #
Proposal for a directive
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) “non-profit purpose” means that, regardless of whether the association’s activities are of an economic nature or not, any profits generated are used only in pursuit of the objectives of the ECBA as defined in its statutes and not to be distributed among its members including its governing body, in a direct or indirect manner ;
Amendment 158 #
Proposal for a directive
Article 15 – paragraph 1 – point g a (new)
Article 15 – paragraph 1 – point g a (new)
(g a) restrictions on civic space or additional requirements on freedom of participation or differential treatment in matters of public or political debate, whether carried out on a regular or on an occasional basis as part of the objectives of the ECBA or through its activities, whether perceived or real.
Amendment 158 #
Proposal for a directive
Article 15 – paragraph 1 – point g a (new)
Article 15 – paragraph 1 – point g a (new)
(g a) restrictions on civic space or additional requirements on freedom of participation or differential treatment in matters of public or political debate, whether carried out on a regular or on an occasional basis as part of the objectives of the ECBA or through its activities, whether perceived or real.
Amendment 203 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a ECBA Committee 1. The Commission shall be assisted by a Committee called the ECBA Committee. The ECBA Committee shall be composed of two representatives of each Member State. The committee shall be chaired by a representative of the Commission. The chair shall not take part in the committee vote. Member States and the Commission shall ensure a gender balance in the composition of national delegations. The Committee shall establish its own rules of procedure and adopt and organise its own operational arrangements. 2. The Committee shall monitor the implementation of this Directive, in particular with regard to the provisions that make reference to this Article. It shall promote the exchange of information, experience and best practices as well as the coordination of policy approaches among national governments and the Commission. 3. The Committee shall prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative. 4. The Committee shall work, as appropriate, in cooperation with other relevant bodies and committees, such as the EU Agency for Fundamental Rights. 5. In fulfilling its mandate, the Committee shall establish a framework for structured civil dialogue with relevant stakeholders and non-profit associations in particular. 6. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 7. The discussions of the Committee shall be governed by Regulation (EC) No 1049/2001 of the European Parliament and of the Council1a. 8. The Council and the European Parliament shall also be informed on a biannual basis regarding the activities of the Committee. _________________ 1a Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
Amendment 203 #
Proposal for a directive
Article 29 a (new)
Article 29 a (new)
Article 29a ECBA Committee 1. The Commission shall be assisted by a Committee called the ECBA Committee. The ECBA Committee shall be composed of two representatives of each Member State. The committee shall be chaired by a representative of the Commission. The chair shall not take part in the committee vote. Member States and the Commission shall ensure a gender balance in the composition of national delegations. The Committee shall establish its own rules of procedure and adopt and organise its own operational arrangements. 2. The Committee shall monitor the implementation of this Directive, in particular with regard to the provisions that make reference to this Article. It shall promote the exchange of information, experience and best practices as well as the coordination of policy approaches among national governments and the Commission. 3. The Committee shall prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative. 4. The Committee shall work, as appropriate, in cooperation with other relevant bodies and committees, such as the EU Agency for Fundamental Rights. 5. In fulfilling its mandate, the Committee shall establish a framework for structured civil dialogue with relevant stakeholders and non-profit associations in particular. 6. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 7. The discussions of the Committee shall be governed by Regulation (EC) No 1049/2001 of the European Parliament and of the Council1a. 8. The Council and the European Parliament shall also be informed on a biannual basis regarding the activities of the Committee. _________________ 1a Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).
Amendment 208 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1 a. Member States shall engage in a structured dialogue with nonprofit organisations established, registered or operating in their territory in a timely, transparent and meaningful manner about the transposition and implementation of the provisions of this Directive as well as the revision of relevant national provisions. Such structured dialogue shall take place prior to the transposition of this Directive and at least twice a year thereafter.
Amendment 208 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1 a. Member States shall engage in a structured dialogue with nonprofit organisations established, registered or operating in their territory in a timely, transparent and meaningful manner about the transposition and implementation of the provisions of this Directive as well as the revision of relevant national provisions. Such structured dialogue shall take place prior to the transposition of this Directive and at least twice a year thereafter.