Activities of Nacho SÁNCHEZ AMOR related to 2020/2026(INL)
Plenary speeches (1)
A statute for European cross-border associations and non-profit organisations (debate)
Shadow reports (1)
REPORT with recommendations to the Commission on a statute for European cross-border associations and non-profit organisations
Amendments (43)
Amendment 3 #
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
— having regard to the EESC Opinion on “European Philanthropy: an untapped potential (Exploratory opinion at the request of the Romanian Presidency)”,
Amendment 12 #
Motion for a resolution
Recital C
Recital C
C. whereas European democracy depends on civil society being able to function freely and across borders; whereas the existence of NPOs is essential in our free and participative democracies, as well as in defending the rights of minorities; whereas NPOs also function as schools of democracy contributing to the thriving of civil society, and to closing the gaps in services and economic activities;
Amendment 18 #
Motion for a resolution
Recital J
Recital J
J. whereas today many associations and NPOs play a full part in the economic life and in the development of the internal market, by engaging in some economic activity on a regular basis; whereas the volume of cross-border financial flows between NPOs has increased considerably in the last decade;
Amendment 19 #
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas nowadays the awareness among policymakers and civil society about the potential of NPOs in terms of provision of services, citizen engagement and social innovation has increased; whereas their potential is probably untapped in a wide range of areas such as education, culture, health care, social services, research, development aid, humanitarian assistance and disaster preparedness;
Amendment 24 #
Motion for a resolution
Recital L
Recital L
L. whereas cross-border associations and NPOs in particular contribute greatly to the achievement of the Union'’s objectives and develop many and various activities of general interest with a transnational relevance; whereas NPOs provide services in often unprofitable areas of the social sector and encourage participation in many social activities and could contribute to strengthen the social cohesion between EU societies, especially in cross-border regions;
Amendment 35 #
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Observes that legal, cultural, political and economic differences between Member States continue to make the cross-border activities of NPOs very complex, and that the current administrative and fiscal treatment of the cross-border activities of these organisations results in higher transaction costs than at national level;
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 117 #
Motion for a resolution
Annex – Part I – recital 10
Annex – Part I – recital 10
(10) Regulation (EC) No 1082/2006 of the European Parliament and of the Council5 provides for the creation of European groupings of territorial cooperation (EGTC). Such groupings are formed mostly by state or local authorities or other entities governed by public law. Thus, non-governmental civil society actors and citizens are not covered. __________________ 5 Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) (OJ L 210, 31.7.2006, p. 19).
Amendment 121 #
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 with their 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 129 #
Motion for a resolution
Annex – Part I – Article 1 – paragraph 4
Annex – Part I – Article 1 – paragraph 4
4. A European Association’s objectives shall respect and support the promotion of the objectives and values on which the Union is founded as laid down in Articles 2 and 3 of the Treaty on European Union, and the Charter of Fundamental Rights of the European Union.
Amendment 138 #
Motion for a resolution
Annex – Part I – Article 4 – title
Annex – Part I – Article 4 – title
National supervisoryassociations authority
Amendment 147 #
Motion for a resolution
Annex – Part I – Article 5 – title
Annex – Part I – Article 5 – title
European Associations AuthoritBody
Amendment 166 #
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 formed under the law of a Member State, which is composed of founding Members from at least two Member States and which has its registered office within the Union; or
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 179 #
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 purpose;
Amendment 186 #
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point k a (new)
Annex – Part I – Article 8 – paragraph 2 – point k a (new)
(ka) whether or not it disposes of founding social capital and, if so, the amount of such capital;
Amendment 239 #
Motion for a resolution
Annex – Part I – Article 13 – paragraph 1
Annex – Part I – Article 13 – paragraph 1
1. A European Association shall be free to determine its internal management structures and governance in its statutes, which in any case must be in accordance with the democratic principles and fundamental values of the EU, subject to the other provisions of this Regulation.
Amendment 247 #
Motion for a resolution
Annex – Part I – Article 15 – paragraph 5
Annex – Part I – Article 15 – paragraph 5
5. TExcept in the case where a majority of the members of the Association objects, the meetings of the General Assembly may be held online without that affecting their validity, or the validity of the decisions adopted.
Amendment 288 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 5
Annex – Part I – Article 23 – paragraph 5
5. European Associations shall not be required to disclose information on their members, in particular with regards to the objectives and activities of the association. Disclosing information on members shall not be required unless necessary for the purpose of a criminal investigation concerning criminal offences punishable by a maximum custodial sentence of a maximum of at least onthree years.
Amendment 293 #
Motion for a resolution
Annex – Part I – Chapter 5 – title
Annex – Part I – Chapter 5 – title
Amendment 295 #
Motion for a resolution
Annex – Part I – Article 24 – title
Annex – Part I – Article 24 – title
Amendment 298 #
Motion for a resolution
Annex – Part I – Article 24 – paragraph 1
Annex – Part I – Article 24 – paragraph 1
1. The supervisory authority of the registering Member State shall consult in a timely manner the supervisory authorities of other Member States within the framework of the European Associations Authority on any substantial issues regarding the lawfulness and liability of a given European Associations registered in the Member State’s territory.
Amendment 306 #
Motion for a resolution
Annex – Part I – Article 26 – paragraph 1 – point b
Annex – Part I – Article 26 – paragraph 1 – point b
(b) by decision of the General Assembly, withhich has a possibility to annul such decision before any dissolution or liquidation of a European Association.
Amendment 307 #
Motion for a resolution
Annex – Part I – Article 26 – paragraph 1 a (new)
Annex – Part I – Article 26 – paragraph 1 a (new)
1a. The European Association shall inform the supervisory authority of its dissolution pursuant to paragraph 1 no later than 15 calendar days after the decision has been made.
Amendment 311 #
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 a binding decision of the European Associations Authority which is, subject to judicial review, 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 325 #
Motion for a resolution
Annex – Part II – recital 2
Annex – Part II – recital 2
(2) Non-profit organizations enjoy protection of certain rights, including fundamental rights, in their own capacity, as it derives from relevant case-law of the Court of Justice of the European Union and of the European Court of Human Rights. Several Member States recognise specifically the right of association in their respective constitutions as a right of citizens to contribute with private resources to the common good.
Amendment 328 #
Motion for a resolution
Annex – Part II – recital 7 a (new)
Annex – Part II – recital 7 a (new)
(7a) The EESC has called on the Member States to establish an enabling environment for philanthropy in line with EU freedoms and fundamental rights, which encourage philanthropic and citizen action, private giving to public benefit causes and the creation of philanthropic organisations1a. __________________ 1a SOC/611, European philanthropy: an untapped potential OPINION. European Economic and Social Committee.
Amendment 332 #
Motion for a resolution
Annex – Part II – recital 11
Annex – Part II – recital 11
(11) It is necessary at Union level to build on existing standards and guidance to establish minimum standards for non-profit organisations in line with Freedom of Association and free flow of capital, aimed at ensuring a uniform level of protection and a level playing field for all non-profit organisations established in the Union, in order to secure an enabling environment in which these organisations can contribute without hindrances to the functioning of the internal market.
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 339 #
Motion for a resolution
Annex – Part II – recital 22
Annex – Part II – recital 22
(22) The implementation of rules concerning non-profit organisations should be undertaken by regulatory authorities that act in an impartial, independent and timely manner in line with the right to good administration. Decisions and acts affecting the exercise by non-profit organisations of their rights and obligations should be open to independent review, including by a court or tribunal.
Amendment 340 #
Motion for a resolution
Annex – Part II – recital 23
Annex – Part II – recital 23
(23) Simplifying and easing bureaucracy and regulatory requirements, ensuring that those requirements are not unduly burdensome, streamlining rules on formation, registration and de-registration, and modernising related procedures and systems is necessary to ensure a conducive environment for the operations of non- profit organisations across the Union and to enhance transparency and trust in the sector. Supervising competences, where applicable, need to be proportionate, respect the autonomy and self- government of NPOs and avoid unjustified burdens. To that effect, general obligations as regards the simplification of administrative rules as well as specific obligations as regards certain aspects of the regulatory framework should be established in this Directive.
Amendment 344 #
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 also 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.
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 375 #
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 supervision of non-profit organisations is undertaken by designated independent supervisory authorities 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 378 #
Motion for a resolution
Annex – Part II – Article 8 – paragraph 1
Annex – Part II – Article 8 – paragraph 1
1. Member States shall ensure that non-profit organisations, their founders, directors, staff, members, beneficiaries of the activities of the NPOs and all persons seeking to exercise rights related to the formation, registration, operations, financing and cross-border activities of non-profit organisations established, registered or operating in its territory have access to effective complaint mechanisms before a competent independent authority such as an ombudsperson or the national human rights institution in order to seek assistance to assert their rights.
Amendment 383 #
Motion for a resolution
Annex – Part II – Article 10 – paragraph 1
Annex – Part II – Article 10 – paragraph 1
1. Member States shall ensure that any natural or legal person may apply for membership, where applicable according to the legal form, of a non-profit organisation established, registered or operating in its territory according to that organisation’s statutes and constitutions, and to freely exercise membership rights subject to the organisation’s statutory conditions and regulatory limitations.
Amendment 390 #
Motion for a resolution
Annex – Part II – Article 11 – paragraph 3
Annex – Part II – Article 11 – paragraph 3
3. Notwithstanding paragraph 2, non- profit organisations may be required to disclose and make public, in their statutes or by other means, further information on their operations, functioning or financing, insofar as this is necessary to genuinely meet an objective of general interest, subject to the principle of proportionality in particular with regards to the objectives and activities of the organisation. Disclosing the members lists of membership-based non-profit organizations shall not be required by state authorities, unless required for the purpose of a criminal investigation concerning criminal offences punishable by a maximum custodial sentence of a maximum of at least onthree years.
Amendment 395 #
Motion for a resolution
Annex – Part II – Article 13 – paragraph 8
Annex – Part II – Article 13 – paragraph 8
8. Member States shall maintain a database of registered associationNPOs that is accessible to the public, including statistical information on the number of accepted and rejected applications with due consideration for data protection principles and the right to privacy.
Amendment 405 #
Motion for a resolution
Annex – Part II – Article 17 – paragraph 2
Annex – Part II – Article 17 – paragraph 2
2. For the purpose of paragraph 1, Member States mayshall not require non-profit organisations operating in their jurisdiction other proof than the evidence of establishment or registration as a non-profit organisation in another Member State.
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.
Amendment 415 #
Motion for a resolution
Annex – Part II – Article 24
Annex – Part II – Article 24
Member States shall ensure that non-profit organisations established, registered or operating in their territory be free to engage in any lawful economic, business or commercial activities provided that such activities support their non-profit objectives or are mission related, subject to the licensing or regulatory requirements generally applicable to the activities concerned pursuant to national laws, regulations and administrative practices.
Amendment 418 #
Motion for a resolution
Annex – Part II – Article 27 – paragraph 2
Annex – Part II – Article 27 – paragraph 2
2. Member States shall ensure that information concerning membership of a non-profit organisation may only be accessed by a competent authority where such information is necessary for the purpose of the investigation of criminal offences punishable by a maximum custodial sentence of a maximum of at least 3 years.