49 Amendments of Helmut SCHOLZ related to 2012/0237(COD)
Amendment 43 #
Proposal for a regulation
Recital 8
Recital 8
(8) The procedures to be followed by European political parties and their affiliated European political foundations to obtainin order to obtain or give up a European legal status pursuant to this Regulation by way of formal registration with the European Parliament should be laid down, as should the procedures and criteria to be respected ion arriving at a decision on whether to grant such a European legal statusregistration by the European Parliament itself. It is also necessary to lay down the procedures for cases where a European political party or a European political foundation may forfeit, or lose or give up its European legal status.
Amendment 46 #
Proposal for a regulation
Recital 9
Recital 9
(9) The European political parties and the European political foundations should be governed by, as regards the substantive rules set out in this Regulation, and by national law in the Member States, in particular that of the Member State where they have their respective seat and for the purposes of which they should identify the appropriate legal form, which must correspond to a form of legal entity recognised in the legal order of that Member Stateby the same legislation as the other European institutions, regardless of the Member State where they have their respective seat.
Amendment 51 #
Proposal for a regulation
Recital 12
Recital 12
(12) Eligibility for funding from the general budget of the European Union should be limited to registered European political parties and their affiliated European political foundations that have been recognised as such and obtained a European legal status. While it is crucial to ensure that the conditions to become a European political party are not excessive but can be readily met by organised and serious transnational alliances of political parties or natural persons or both, it is also necessary to establish proportionate criteria in order to allocate limited resources from the EU budget, which objectively demonstrate the European ambition and genuine electoral support of a European political party. Such a criterion is best based on the outcome of elections to the European Parliament, in which the European political parties are required to participate under this Regulation, providing a precise indication of the electoral recognition of a European political party. It should reflect the role the European Parliament has of directly representing the Union's citizens, assigned to it by Article 10(2) of the Treaty on European Union, as well as the objective forintent of European political parties to participate fully in the democratic life of the Union and to become active actors of Europe's representative democracy, in order to effectively express the views, opinions and political will of the citizens of the Union. Eligibility for funding from the general budget of the European Union should therefore be limited to European political parties which are represented in the European Parliament by at least one of their members and to European political foundations which apply through a European political party that is represented in the European Parliament by at least one of its members.
Amendment 55 #
Proposal for a regulation
Recital 17
Recital 17
(17) European political parties should be able to finance their own campaigns conducted in the context of elections to the European Parliament, while the funding and limitation of election expenses for parties and candidates at such elections should be governed by the rules applicable in each Member State. In order to help raise the European political awareness of citizens of the Union and to promote the transparency of the European electoral process, European political parties should be encouraged to inform citizens during elections to the European Parliament of the ties between them and their affiliated national political parties and candidates.
Amendment 58 #
Proposal for a regulation
Recital 18
Recital 18
(18) European political parties shouldmay not fund, directly or indirectly, other political parties and in particular national parties or candidates. European political foundations shouldmay not fund, directly or indirectly, European or national political parties or candidates. Moreover, European political parties and their affiliated European political foundations shouldmay not finance national or regional referendaum campaigns on purely national or regional topics. These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice.
Amendment 60 #
Proposal for a regulation
Recital 19
Recital 19
(19) For reasons of transparency, and in order to strengthen the scrutiny and the democratic accountability of European political parties and European political foundations, information considered to be of substantial public interest, related notably to their statutes, membershipthe programme containing the party’s fundamental demands, objectives and values, financial statements, donors and donations, [contributions] and grants received from the budget of the Union, as well as information related to the party’s members and membership figures, decisions taken by the European Parliament on registration, funding and penalties, should be published. Establishing a regulatory framework to ensure that this information is publicly available is the most effective means of promoting a level playing field and fair competition between political forces, and of upholding open, transparent and democratic legislative and electoral processes, thereby strengthening the trust of citizens and voters in European representative democracy, and, more broadly, preventing corruption and abuses of power. In compliance with the principle of proportionality, theThere is no obligation to publish the identity of natural persons swhould not apply to thos are members of a European political party who have not given their express consent for publication or to donations equal to or below. Donations above EUR 1 0500 per year and per donor. Also in compliance with the principle of proportionality, i must be published. Information on donations shouldmust be published annually, except devery six months. During election campaigns to the European Parliament orand for donations exceeding EUR 12 2000 where publication shouldmust take place expeditiously.
Amendment 62 #
Proposal for a regulation
Recital 21
Recital 21
(21) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data applies to the processing of personal data carried out by those European Parliament and the committee of independent eminent persons in application of this RegulU institutions which undertake the registration and verification of European political parties and European political foundations.
Amendment 63 #
Proposal for a regulation
Recital 23
Recital 23
(23) For the sake of legal certainty, it is appropriate to clarify that the European Parliament, the European political parties and European political foundations, the national authorities competent for exercising control over aspects related to the financing of European political parties and European political foundations, and other relevant third parties referred to or provided for in this Regulation are the data controllers within the meaning of Regulation (EC) No 45/2001 or Directive 95/46/EC. It is also necessary to specify the maximum period for which they mayare to retain the personal data collected in connection with the documentation of donations for the purposes of ensuring the legality, regularity and transparency of the funding of European political parties and European political foundations and the membership of European political parties. In their capacity as data controllers, the European Parliament, the European political parties and European political foundations, the competent national authorities and the relevant third parties need to take all the appropriate measures to comply with the obligations imposed by Regulation (EC) No 45/2001 and Directive 95/46/EC, in particular those relating to the lawfulness of the processing, the security of the processing activities, the provision of information and the rights of data subjects to have access to their personal data, as well as to procure the correction and erasure of their personal data.
Amendment 65 #
Proposal for a regulation
Recital 25
Recital 25
(25) Specific rules and procedures shall be laid down for distributing the appropriations available each year from the general budget of the European Union, taking into account, on the one hand, the number of beneficiaries and, on the other, the share of elected members in the European Parliament of each beneficiary European political party and, by extension, its respective affiliated European political foundation. These rules shall provide for strict transparency, accounting, auditing and financial control of European political parties and their affiliated European political foundations, and auditing provisions by the European Parliament and the Court of Auditors as well as proportionate sanctions, including in the event of a breach by a European political party or a European political foundation of the values on which the Union is foundedfinancial regulations of the European Union.
Amendment 70 #
Proposal for a regulation
Recital 26
Recital 26
(26) The European Parliament should verify regularlyCourt of Auditors should in its role as independent guardian of EU citizens’ financial interests verify regularly in the course of its duties that the conditions and requirements related to the registration and funding of European political parties or European political foundations continue to be met and that the necessary funds have been utilised, documented and reported on by them in a regular and legal manner. This verification should be carried out annually, or following a motivated request by any natural or legal person. Decisions related to respect for the values on which the Union is founded shouldand which may therefore lead to a legally binding revocation of registration and of legal status as a European political party or European political foundation, should, in view of the particular need to protect the freedom of assembly and of association guaranteed by Article12(1) of the Charter of Fundamental Rights of the European Union, only be taken in accordance with a procedure specifically designed to this effect, and in consultation with a committee of independent eminent persons. which is the responsibility of the Court of Justice of the European Union
Amendment 71 #
Proposal for a regulation
Recital 27
Recital 27
(27) Technical assistance to be afforded by the European Parliamentinstitutions to European political parties should be guided by the principle of equal treatment, should be supplied against invoice and payment and shall be subject to a regular public report by the relevant institution.
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 1 – point b – paragraph 1
Article 3 – paragraph 1 – point b – paragraph 1
(b) it must be represented, in at least one quarterfifth of the Member States, by Members of the European Parliament or in the national Parliaments, regional Parliaments or regional assemblies, or
Amendment 95 #
Proposal for a regulation
Article 3 – paragraph 1 – point b – paragraph 2
Article 3 – paragraph 1 – point b – paragraph 2
it must have received, in at least one quarterfifth of the Member States, at least three per cent of the votes cast in each of those Member States at the most recent elections to the European Parliament,
Amendment 105 #
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(e a) it must ensure equal gender representation on its internal bodies and must adopt binding measures to promote gender parity and equal opportunity in the composition of electoral lists;
Amendment 111 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. A European political party can have only one, formally affiliated European political foundation. The formal relationship between a European political party and its affiliated European political foundation must be stated in the statutes of both, in accordance with Articles 4(1) and 5. Each European political party and affiliated European political foundation must ensure a separation between the daily management and governing structures and the financial accounts of the European political party, on the one hand, and of its European political foundation, on the other hand.
Amendment 115 #
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
Amendment 119 #
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
(j) the dissolution of the entity as a recognised European political partyprocedure for terminating the structured cooperation between the political parties and/or natural persons in a political alliance as referred to in Article 2(2).
Amendment 124 #
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the admission, resignation and exclusion of the party's members, with the list of members parties cooperating in the European political party annexed to it,
Amendment 137 #
Proposal for a regulation
Article 4 – paragraph 2 – point e a (new)
Article 4 – paragraph 2 – point e a (new)
(e a) compliance with, and mandatory promotion of, gender equality on the party’s internal bodies and equality of opportunity in the composition of electoral lists,
Amendment 144 #
Proposal for a regulation
Article 5 – point c
Article 5 – point c
Amendment 158 #
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Within three moIf the documenths following the reception of the appsubmitted with an application by a political alliance and/or the foundation affilicationed to it for registration, the as a European Parliament shall adopt a decision, which it shall publish in the Official Journal of the European Union, together with the party or foundation statutes or, where an application has not been approved, the grounds for rejectionpolitical party or European political foundation fulfil the criteria in Articles 3, 4 and 5 of this Regulation, it shall be formally registered. If the documents do not meet these requirements, the application for registration shall be deemed to have been rejected. The applicant shall be informed accordingly by the European Parliament. The applicant may resubmit its application for registration in an appropriately corrected form.
Amendment 167 #
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Any amendments made after registration to the documents or statutes submitted as part of the application for registration in accordance with paragraph 3 shall be notified to the European Parliament within four weeks.
Amendment 169 #
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
Amendment 180 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1
Article 7 – paragraph 1 – subparagraph 1
The European Parliament shall verify annually that the conditions and requirements set out in Articles 3, 4 and 5 continue to be met byimmediately after the submission of changes to the documents or to the statutes of a European political party or European political foundation whether the European political parties and they or European political foundations concerned continues to meet the conditions and requirements set out in Articles 3, 4 and 5.
Amendment 182 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 a (new)
Article 7 – paragraph 1 – subparagraph 1 a (new)
The Court of Auditors of the European Union, in the course of carrying out its remit, shall periodically check whether the requirements and conditions regarding the registration and financing of European political parties or European political foundations are met and whether they are using the relevant funds in a lawful and regular manner. This verification shall be carried out annually, or immediately following a substantiated request by any natural or legal person.
Amendment 185 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 2
Article 7 – paragraph 1 – subparagraph 2
Where relevant, the timing of the annual verification referred to in this paragraph shall be aligned with the application procedure for funding set out in Article 13, in order for the Registry and the Authorising Officer to coordinate and exchange information as necessary.
Amendment 189 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Amendment 196 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Before reachadopting its decisopinion, the European Parliament shall hear the representatives of the European political party or European political foundation concerned and ask a committee of independent eminent persons to give an opinion on the subject within a reasonable time periodon the subject.
Amendment 200 #
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Amendment 219 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1a (new)
Article 10 – paragraph 1 – subparagraph 1a (new)
In relation to the substantive provisions of this Regulation, European political parties and European political foundations shall be subject to the same provisions as the other European institutions, no matter in which Member State they are based.
Amendment 220 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 225 #
Proposal for a regulation
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
(a) itsthe governing body decides to wind upof the European political party or the European political foundation decides to halt structured cooperation in the political alliance or to wind up the associated foundation,
Amendment 241 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The European Parliament shall adopt a decision on the termination of the European legal status and thIf one of the grounds referred to in paragraph 1(a) to (c) arises, the European political party or European political foundation concerned shall be removaled from the Registry.
Amendment 246 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 270 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. European political parties and European political foundations may accept donations from natural or legal persons of up to a value of EUR 125 000 per year and per donor, without prejudice to paragraph 5.
Amendment 276 #
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Single donations exceeding a value of EUR 12 000 that have been accepted by the European political parties and European political foundations shall be immediately reported to the European Parliament in writing and in accordance with the provisions of paragraph 2.
Amendment 280 #
Proposal for a regulation
Article 15 – paragraph 5 – point d a (new)
Article 15 – paragraph 5 – point d a (new)
Amendment 281 #
Proposal for a regulation
Article 15 – paragraph 5 – point d b (new)
Article 15 – paragraph 5 – point d b (new)
(db) donations obtained from a third party in exchange for a future consideration from the European political party or a member thereof,
Amendment 282 #
Proposal for a regulation
Article 15 – paragraph 5 – point d c (new)
Article 15 – paragraph 5 – point d c (new)
(dc) donations to the European Political party clearly made in the expectation of, or in return for, a specific economic or political advantage.
Amendment 283 #
Proposal for a regulation
Article 15 – paragraph 6 – introductory part
Article 15 – paragraph 6 – introductory part
6. Any donation that is not permitted under this Regulation shall within 30 daysimmediately following the date it is received by the European political party or the European political foundation:
Amendment 290 #
Proposal for a regulation
Article 17 – paragraph 1 – subparagraph 1
Article 17 – paragraph 1 – subparagraph 1
The funding of European political parties from the general budget of the European Union or from any other source may be used to finance campaigns conducted by the European political partietheir own campaigns in the context of the elections to the European Parliament, in which they participate as required in Article 3(1)(d).
Amendment 297 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. European political parties shall, in the context of the elections to the European Parliament, take all appropriate measures to inform citizens of the Union of the affiliations between national parties belonging to a European political parties andy, candidates and the European political parties.
Amendment 308 #
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. At the latest within six months following the end of the financial year, European political parties and European political foundations shall submit to the European Court of Auditors as the inspection authority, the Registry and to the competent national authorities in the Member States:
Amendment 315 #
Proposal for a regulation
Article 20 – paragraph 5
Article 20 – paragraph 5
5. The [contribution] and grant award decision or agreement shall expressly provide for auditing by the European Parliament and the Court of AuditorsCourt of Auditors, where appropriate in cooperation with the European Parliament, on the basis of records and on the spot, of the European political party which has received a [contribution] or the European political foundation which has received a grant from the general budget of the European Union.
Amendment 318 #
Proposal for a regulation
Article 20 – paragraph 6
Article 20 – paragraph 6
6. The Court of Auditors and the Authorising Officer, or any other external body authorised by the Authorising OfficerCourt of Auditors, may carry out the necessary checks and verifications on the spot in order to verify the legality of expenditure and the proper implementation of the provisions of the [contribution] and grant award decision or agreement, and, in the case of European political foundations, the proper implementation of the work programme. The beneficiary shall supply any document or information needed to carry out this task.
Amendment 321 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
All technical support from the European Parliament or other European institutions to European political parties shall be based on the principle of equal treatment. It shall be granted on conditions no less favourable than those granted to other external organisations and associations that may be accorded similar facilities and shall be supplied against invoice and payment.
Amendment 364 #
Proposal for a regulation
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
(e) the names of donors and their corresponding donations reported by the European political parties and European political foundations in accordance with Article 15(2), (3) and (4), with the exception of donations from natural persons not exceeding a value of EUR 1 0500 per year and per donor which shall be reported as "minor donations",
Amendment 366 #
Proposal for a regulation
Article 24 – paragraph 1 – point f
Article 24 – paragraph 1 – point f
(f) the contributions referred to in Article 15(7) and (8) and reported by the European political parties and European political foundations in accordance with Article 15(2), including also the identity of the members who have made the contributions, with the exception of those contributions from natural persons not exceeding a value of EUR 1 0500 per year and per member which shall be reported as "minor contributions",
Amendment 376 #
Proposal for a regulation
Article 24 – paragraph 2
Article 24 – paragraph 2
2. From the list of members of a European political party, annexed to the party statutes in accordance with Article 4(2) and updated in accordance with Article 6(7), the European Parliament shall publish the total number of members, and the identity of the legal persons that are members, as well as the names of those natural persons who have given their express written consent to their publication. European political parties shall request this consent as a matter of course from all natural persons who are members.