Activities of Nacho SÁNCHEZ AMOR related to 2023/0315(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council on European cross-border associations
Amendments (21)
Amendment 78 #
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 and barriers on the freedom of establishment, the free movement of services, the free movement of goods and the free movement of capital 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. Therefore, Member States should not apply restrictive or disruptive meassures which can amount to excessive or costly burden on non-profit organizations.
Amendment 86 #
Proposal for a directive
Recital 14 a (new)
Recital 14 a (new)
(14 a) It should be noted that the nature of cross-border activities within the EU has a wider scope that goes beyond those of associations. These activities can be understood in the sense of proximity cross-border interaction between neighbouring subnational authorities across national boundaries, as it is the case of cross-border cooperation, a successful modality of territorial cooperation (Interreg) with decades of contributions to European integration. For the purpose of this Directive, cross- border activities are circumscribed to the scope of the present legal act, notwithstanding the respective and other possible necessary regulations related to the abovementioned modality of territorial cooperation.
Amendment 94 #
Proposal for a directive
Recital 21
Recital 21
(21) The cross-border and/or transnational element of an ECBA is central. Therefore, an ECBA should carry out or have in its statutes the objective to carry out at least part of its activities across borders in the Union, in at least two Member States, and have founding members with links to at least two Member States, either based on citizenship or residence in the case of natural persons, or based on the location of their registered office in the case of legal entities.
Amendment 100 #
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 duly motivated, in accordance to Union law, to be proportional and appropriate for ensuring the attainment of the objective in question and not go beyond what is necessary to attain that objective.
Amendment 104 #
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’), which shall be in close contact and inform the Committee, as refered in Article 30 of this Directive. 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 109 #
Proposal for a directive
Recital 38
Recital 38
(38) Member States should be entitled to require a registered ECBA to make a declaration, provide information, request or obtain authorisations for engaging in particular activities only where such requirements are (i) applied in a general and non-discriminatory way, (ii) prescribed by law, (iii) justified by overriding reasons in the public interest, (iv) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained. Such requirements may be connected, for example, to the specificities of certain sectors, like healthcare. Where Member States provide for such additional procedures, this information should be made publicly available in a clear and comprehensible manner, as well as easily accesible, in order to ensure that an ECBA is able to comply with these requirements.
Amendment 118 #
Proposal for a directive
Recital 49 a (new)
Recital 49 a (new)
(49 a) In accordance with the principles of efficiency and effectiveness of the public adminsitrations the transposition of this Directive should foster the simplification of administrative rules and the reduction of administrative costs and burdens.
Amendment 120 #
Proposal for a directive
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) “non-profit association” means a legal entity under national law that is membership-based, self-governed, has a non-profit purpose and has legal personality;
Amendment 121 #
Proposal for a directive
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) “ECBA certificate” means a certificate issued by the competent authority of the home Member State, serving as evidence of the registration of an ECBA and its legal personality and legal capacity.
Amendment 128 #
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. The rules applicable to ECBAs, including its consitution, shall not undermine worker’s rights or working conditions. In line with applicable collective agreements and national and Union law, worker’s representation shall be respected and will take part in any consultation process in this regard.
Amendment 129 #
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall ensure that an ECBA acquires legal personality and legal capacity upon registration in accordance with Article 19. Member States shall recognise automatically the legal personality and legal capacity of ECBAs registered in another Member State, without requiring any further registration.
Amendment 134 #
Proposal for a directive
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) appropriatenecessary for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained.
Amendment 141 #
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
Member States shall ensure that, within the ambit of application of this Directive, public authorities do not discriminate against any group or individualECBAs are not discriminated 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, physical or mental disability, membership of a national minority, property, race, religion or belief, or other status.
Amendment 142 #
Proposal for a directive
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Each Member State shall ensure that national laws, regulations or administrative acts regulating ECBAs do not discriminate 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, physical or mental disability, membership of a national minority, property, race, religion or belief, or other status.
Amendment 143 #
Proposal for a directive
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1 Member States shall ensure the acces to effective complaint mechanisms and to effective administrative remedies.
Amendment 148 #
Proposal for a directive
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) appropriatenecessary for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained.
Amendment 157 #
Proposal for a directive
Article 14 – paragraph 2 – point c
Article 14 – paragraph 2 – point c
(c) appropriatenecessary for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained.
Amendment 199 #
Proposal for a directive
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Each Member States shall designate thean independent competent publlic authority (‘competent authority’) responsible for the application of this Directive.
Amendment 205 #
Proposal for a directive
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. The Committee shall establish a framework for structured civil dialogue with relevant stakeholders and non-profit associations in particular.
Amendment 206 #
Proposal for a directive
Article 30 a (new)
Article 30 a (new)
Article30a Right to good administration Member States, notwithstanding the rights enshrined in Article 41 of the EU Charter of Fundamental Rights, shall ensure that the administrative procedures and obligations of ECBAs may be submitted online and that their are easily accessible. Member States shall make available the necessary information and support concerning the administrative processes related to ECBAs.
Amendment 209 #
Proposal for a directive
Article 31 – paragraph 1 a (new)
Article 31 – paragraph 1 a (new)
1 a. Member States shall engage in a 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 dialogue shall take place prior to the transposition of this Directive and at least twice a year thereafter.