2020/2026(INL) A statute for European cross-border associations and non-profit organisations
Next event: Indicative plenary sitting date 2022/02/14
Lead committee dossier:
Next event: Indicative plenary sitting date 2022/02/14
Progress: Awaiting Parliament's vote
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | JURI |
LAGODINSKY Sergey ( Verts/ALE)
|
POSPÍŠIL Jiří ( EPP),
SÁNCHEZ AMOR Nacho ( S&D),
KYUCHYUK Ilhan ( Renew),
BECK Gunnar ( ID),
STANCANELLI Raffaele ( ECR),
AUBRY Manon ( GUE/NGL)
|
| Committee Opinion | LIBE |
DONÁTH Anna Júlia ( Renew)
|
Sergey LAGODINSKY ( Verts/ALE),
Pernando BARRENA ARZA ( GUE/NGL),
Jorge BUXADÉ VILLALBA ( ECR),
Vasile BLAGA ( PPE)
|
| Committee Opinion | EMPL |
Lead committee dossier:
Legal Basis:
RoP 47
Legal Basis:
RoP 47Subjects
Events
2022/02/14
Indicative plenary sitting date
2022/01/19
EP - Committee report tabled for plenary
2021/12/09
EP - Vote in committee
2021/11/12
EP - Committee opinion
Documents
2021/10/15
EP - Amendments tabled in committee
Documents
2021/09/15
EP - Committee draft report
Documents
2020/06/15
EP - LAGODINSKY Sergey (Verts/ALE) appointed as rapporteur in JURI
2020/05/18
EP - DONÁTH Anna Júlia (Renew) appointed as rapporteur in LIBE
2020/02/13
EP - Committee referral announced in Parliament
Documents
| Amendments | Dossier |
| 556 |
2020/2026(INL)
2021/10/12
JURI
419 amendments...
Amendment 1 #
Motion for a resolution Citation 2 a (new) — having regard to Article 11 of the Treaty on the European Union,
Amendment 10 #
Motion for a resolution Recital B d (new) Bd. whereas the COVID-19 crisis has shaken civil society associations, particularly in border regions, notably by interrupting their activities but also by creating new needs and missions;
Amendment 100 #
Motion for a resolution Paragraph 18 a (new) 18a. Urges the Commission to develop a dedicated, comprehensive strategy to strengthen civil society in Europe, including by introducing measures to facilitate the operations of associations and non-profit organisations on all levels;
Amendment 101 #
Motion for a resolution Paragraph 19 19. Requests the Commission to submit, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a proposal for a Directive on
Amendment 102 #
Motion for a resolution Paragraph 19 19. Requests the Commission to submit, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a proposal for a Directive on common m
Amendment 103 #
Motion for a resolution Paragraph 20 Amendment 104 #
Motion for a resolution Paragraph 20 20. Requests the Commission to submit on the basis of Article 352 of the Treaty on the Functioning of the European Union, a Regulation establishing a statute for a European Association, following the recommendations set out in this motion, and Annex
Amendment 106 #
Motion for a resolution Annex I – Part I – recital 1 (1) Cross-border projects and other forms of cooperation involving civil society in particular contribute in a decisive way to social cohesion, the achievement of the Union's objectives, including the promotion of its values, and to developing many different activities of transnational
Amendment 107 #
Motion for a resolution Annex I – Part I – recital 2 (2) European cooperation across borders between citizens and representative associations is essential for creating an overarching European civil society and fostering free and active citizenship, which is an important element of European democracy and European integration in line with Article 11 and Article 15 of the Treaty on European Union.
Amendment 108 #
Motion for a resolution Annex I – Part 1 – recital 3 (3) In pursuing their objectives, many associations
Amendment 109 #
Motion for a resolution Annex I – Part I – 4 (4) Directive .../... of the European Parliament and of the Council (the ‘Minimum Standards Directive’) is aimed at approximating the laws of the Member States to provide minimum standards and protection an enabling environment, which facilitates non-profit organisations in carrying out their work and exchanging best practices.
Amendment 11 #
Motion for a resolution Recital C Amendment 110 #
Motion for a resolution Annex I – Part I – 5 (5) Associations play a key role in
Amendment 111 #
Motion for a resolution Annex – Part I – recital 5 (5) Associations play a key role in helping and encouraging individuals to
Amendment 112 #
Motion for a resolution Annex – Part I – recital 5 (5) Associations are the glue which holds our society together and play a key role in helping and encouraging individuals to actively participate in the democratic life of the Union.
Amendment 113 #
Motion for a resolution Annex – Part I – recital 5 (5) Associations play a key role in helping and encouraging individuals to actively participate in the democratic and social life of the Union.
Amendment 114 #
Motion for a resolution 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 115 #
Motion for a resolution 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 and cross-border activities.
Amendment 116 #
Motion for a resolution Annex – Part I – recital 8 (8) According to the judgment of the Court of Justice1 , Article 63 of the Treaty on the Functioning of the European Union (TFEU) and Articles 7, 8 and 12 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) protect
Amendment 117 #
Motion for a resolution 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
Amendment 118 #
Motion for a resolution 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 119 #
Motion for a resolution Annex – Part I – recital 12 (12) It is therefore necessary to establish at Union level an appropriate
Amendment 12 #
Motion for a resolution 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 120 #
Motion for a resolution 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 121 #
Motion for a resolution 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 122 #
Motion for a resolution 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 an own legal personality.
Amendment 123 #
Motion for a resolution 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 124 #
Motion for a resolution Annex – Part I – recital 12 a (new) (12a) For the definition of “non-profit” in this Regulation the direct beneficiaries of organisations aiming at providing care services for individuals with specific social needs or health conditions, shall not be considered to be private parties.
Amendment 125 #
Motion for a resolution Annex – Part I – recital 13 (13) A European Association might wish to distinguish between different categories of members, in order to grant voting rights only to full members, while acknowledging associated members that support the cause, without the right to vote, and/or honorary members exempt from the obligation of paying a membership fee, but with voting rights. The categorisation of members should not lead to unjustified discrimination, in particular on the basis of citizenship or country of registered office.
Amendment 126 #
Motion for a resolution Annex – Part I – Article 1 – paragraph 1 1. This Regulation lays down the conditions and procedures governing the
Amendment 127 #
Motion for a resolution 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
Amendment 128 #
Motion for a resolution 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 129 #
Motion for a resolution 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 13 #
Motion for a resolution Recital C C. whereas European democracy depends on civil society being able to function freely and across borders, as recognised also in article 11 TEU supporting an open, transparent and structured dialogue with civil society and representative associations;
Amendment 130 #
Motion for a resolution 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 131 #
Motion for a resolution 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. In this respect, neither receiving governmental funding nor participating in a consultative body to the government shall
Amendment 132 #
Motion for a resolution 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 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
Amendment 134 #
Motion for a resolution Annex – Part I – Article 2 – point 6 6. ‘member’ means a natural or legal person that voluntarily and intentionally applied to join an association to support its objectives and activities, and that was admitted into the association based on that association’s statutes. Where an association is formed as the result of conversion or merger, the willingness of membership can be conclusively assumed.
Amendment 135 #
Motion for a resolution Annex – Part I – Article 2 – point 6 a (new) (6a) ‘founding members’ means natural persons that are citizens or residents of at least two Member States, or legal persons that have their registered offices in at least two Member States and that have mutually agreed to form a European association;
Amendment 136 #
Motion for a resolution Annex – Part I – Article 3 – title Amendment 137 #
Motion for a resolution Annex – Part I – Article 3 – paragraph 1 1. The European Association shall be governed by this regulation and statutes. For matters not dealt with by this Regulation, the European Association shall be governed by the law of the Member State in which the European Association has its registered office.
Amendment 138 #
Motion for a resolution Annex – Part I – Article 4 – title National
Amendment 139 #
Motion for a resolution Annex – Part I – Article 4 – title National
Amendment 14 #
Motion for a resolution Recital C C. whereas European democracy implies, inter alia, depend
Amendment 140 #
Motion for a resolution Annex – Part I – Article 4 – paragraph 1 1. Member States shall
Amendment 141 #
Motion for a resolution Annex – Part I – Article 4 – paragraph 1 1. Member States shall designate an independent public authority (the ‘
Amendment 142 #
Motion for a resolution Annex – Part I – Article 4 – paragraph 2 2. Each national supervisory authority shall contribute to the consistent application of this Regulation throughout the Union. For that purpose, the supervisory authorities shall cooperate with each other, with
Amendment 143 #
Motion for a resolution 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 147 #
Motion for a resolution Annex – Part I – Article 5 – title European Associations
Amendment 148 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 1 Amendment 149 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 1 1. A European Associations Authority () shall hereby be des
Amendment 15 #
Motion for a resolution Recital C a (new) Ca. whereas associations and NPOs are the glue which holds our society together and connects our countries, punctuating and facilitating the everyday lives of many European citizens;
Amendment 150 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 2 Amendment 151 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 2 2. The European Associations Authority shall be des
Amendment 152 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 3 Amendment 153 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 4 Amendment 154 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 4 4. The European Associations Authority shall be composed of the head of the competent supervisory authority of each Member State, or their respective representatives
Amendment 155 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 5 Amendment 157 #
Motion for a resolution Annex – Part I Article 5 – paragraph 6 – point f (f) take binding decisions as provided for by Articles 10, 11, 19, 24 and 2
Amendment 158 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 7 Amendment 159 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 7 7. The
Amendment 16 #
Motion for a resolution Recital D Amendment 160 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 8 Amendment 161 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 9 Amendment 162 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 10 Amendment 163 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 11 Amendment 164 #
Motion for a resolution Annex – Part I – Article 5 – paragraph 12 Amendment 165 #
Motion for a resolution Annex – Part I – Article 6 – paragraph 1 – point a (a) by
Amendment 166 #
Motion for a resolution 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 167 #
Motion for a resolution Annex – Part I – Article 6 – paragraph 1 – point b (b) as the result of a conversion into a European Association of an existing entity
Amendment 168 #
Motion for a resolution 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 169 #
Motion for a resolution Annex – Part I – Article 6 – paragraph 1 – point c (c) as the result of a merger
Amendment 17 #
Motion for a resolution 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 170 #
Motion for a resolution Annex – Part I – Article 6 – paragraph 1 – point c (c) as the result of a merger between at least t
Amendment 171 #
Motion for a resolution Annex – Part I – Article 6 – paragraph 1 – point c a (new) (ca) by at least ten European Associations,
Amendment 172 #
Motion for a resolution Annex – Part I – Article 6 – paragraph 3 3. The formation of a European Association shall be executed by a written agreement between all of the founding members or by written minutes documenting the constitutive meeting signed by all founding members and duly verified if the national law provides it for the formation of associations.
Amendment 173 #
Motion for a resolution Annex – Part I – Article 6 – paragraph 4 Amendment 174 #
Motion for a resolution 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 175 #
Motion for a resolution Annex – Part I – Article 7 – paragraph 2 Amendment 176 #
Motion for a resolution Annex – Part I – Article 7 – paragraph 2 2. M
Amendment 177 #
Motion for a resolution 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 178 #
Motion for a resolution Annex – Part I – Article 8 – paragraph 2 – point b (b) a precise statement of the European Association’s objectives and a description of public benefit purposes;
Amendment 179 #
Motion for a resolution 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 18 #
Motion for a resolution 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 180 #
Motion for a resolution Annex – Part I – Article 8 – paragraph 2 – point d (d) the name, address and nationality of the founding members, where these are natural persons, and the assets at the time of formation;
Amendment 181 #
Motion for a resolution Annex – Part I – Article 8 – paragraph 2 – point d (d) the name, address, proof of residence and nationality of the founding members, where these are natural persons;
Amendment 182 #
Motion for a resolution Annex – Part I – Article 8 – paragraph 2 – point f (f) the conditions and procedures for the admission, suspension, expulsion and resignation of members;
Amendment 183 #
Motion for a resolution Annex – Part I – Article 8 – paragraph 2 – point h (h) provisions governing the
Amendment 184 #
Motion for a resolution Annex – Part I – Article 8 – paragraph 2 – point h (h) the number of board members, provisions governing the appointment to and
Amendment 185 #
Motion for a resolution Annex – Part I – Article 8 – paragraph 2 – point k (k) an explicit commitment by the European Association to respect the values of the Union as enshrined in Article 2 TEU and the description of the cross-border element; and
Amendment 186 #
Motion for a resolution 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 187 #
Motion for a resolution Annex – Part I – Article 8 – paragraph 2 – point l a (new) (la) the date of adoption of the statutes and the procedure for amending them;
Amendment 188 #
Motion for a resolution Annex – Part I – Article 8 – paragraph 2 – point l b (new) (lb) The statutes shall be in writing and subject to formal requirements of the applicable national law.
Amendment 189 #
Motion for a resolution Annex – Part I – Article 9 – paragraph 1 1. The registered office of a European Association shall be located within the territory of the Union, at the place specified in its statutes. The registered office shall be located at the place where the European Association has its central administration or the principal place of activities in the EU.
Amendment 19 #
Motion for a resolution 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 190 #
Motion for a resolution Annex – Part I – Article 9 – paragraph 2 2. In the event of formation of a European Association by conversion pursuant to paragraph 2(a) of Article
Amendment 191 #
Motion for a resolution Annex – Part I – Article 9 – paragraph 3 3. In the event of formation of a European Association by merger pursuant to paragraph 2(b) of Article
Amendment 192 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 1 1.
Amendment 193 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 1 a (new) 1a. The authority in charge of managing the register shall, after verifying the applicant’s compliance with the requirements, take a decision on the registration of the European Association.
Amendment 194 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 1 b (new) 1b. No further authorisation from the Member State is required for registration.
Amendment 195 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 1 c (new) 1c. If, within 30 days of the submission of the application for registration, the application has been rejected or has not been decided upon, the applicant may, within 15 days of receipt of the rejection decision or the expiry of the 30-day period for taking a decision, appeal to the Appeals Committee established under Article 10a. If the Appeals Committee decides within 30 days to approve the application for registration, or if no decision is taken within the same period, the Member State shall proceed with the registration within 15 days of such decision or the expiry of the time limit for taking a decision.
Amendment 196 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 1 d (new) 1d. Member States shall ensure that information on the registration is communicated to the Publications Office of the European Union and to the Commission within 15 days of the registration. The Publications Office of the European Union shall then ensure that the information is published without delay in the Official Journal of the EU and the Commission shall ensure that it is published in the e-Registry of European Associations, which it shall establish and manage.
Amendment 197 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 1 e (new) 1e. Upon publication pursuant to subparagraph 1d, the registration of a European Association shall take effect in the territory of the Union. Member States may provide for the automatic registration of European Associations having their registered office on their territory in the appropriate national registries.
Amendment 198 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 2 Amendment 199 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 2 2. Registration shall occur via a standardised registration procedure to be developed
Amendment 2 #
Motion for a resolution 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 20 #
Motion for a resolution Recital J a (new) Ja. whereas the socio-economic potential of associations and NPOs in the European Union is constantly increasing, with stable, high-quality employment opportunities being created in a wide range of sectors;
Amendment 200 #
Motion for a resolution 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 Authority. The registration procedure shall be electronic
Amendment 201 #
Motion for a resolution 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
Amendment 202 #
Motion for a resolution 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 Authority. The registration procedure shall be electronic and
Amendment 203 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 3 Amendment 204 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 3 Amendment 205 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 4 Amendment 206 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 5 Amendment 207 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 5 Amendment 208 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 6 Amendment 209 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 6 6.
Amendment 21 #
Motion for a resolution Recital K K. whereas associations and NPOs
Amendment 210 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 6 6. The registering
Amendment 211 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 7 Amendment 212 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 7 Amendment 213 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 8 Amendment 214 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 8 Amendment 215 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 8 8. Applicants shall have the right to request
Amendment 216 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 9 Amendment 217 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 9 9. The European
Amendment 218 #
Motion for a resolution Annex – Part I – Article 10 – paragraph 10 Amendment 219 #
Motion for a resolution Annex – Part I – Article 10 a (new) Article 10a Appeals Committee As from the adoption of this Regulation, an Appeals Committee shall be set up within the Commission, composed of representatives of the Member States and a representative of the Commission. A Commission representative shall be the chair. The Commission shall provide the secretariat. The Appeals Committee shall be convened by its chair and its decisions shall be taken by a qualified majority.
Amendment 22 #
Motion for a resolution Recital K K. whereas associations and NPOs play
Amendment 220 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 1 (1) The registered office of a European Association may be transferred to another Member State in accordance with paragraphs 2 to 12 of this Article. Member States shall ensure unhindered transfer of assets and documents belonging to the European Association transferring its seat to another Member State. Such transfer shall not result in any changes in the statutes of the association other than those provided for in this Article, or in the European Association
Amendment 221 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 1 1. The registered office of a European Association may be transferred to another Member State in accordance with paragraphs 2 to 12 of this Article. Member States shall ensure unhindered transfer of assets and documents belonging to the European Association transferring its
Amendment 222 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 3 – introductory part 3. A proposal under paragraph 2 with the effect on the date of registration in the host Member State shall include details of:
Amendment 223 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 3 – point a (a)
Amendment 224 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 3 – point a a (new) (aa) name and address in home Member State and the registry number
Amendment 225 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 3 – point b (b)
Amendment 226 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 6 6. No decision to transfer shall be taken for two months after publication of the proposal. The procedure under Article 10 shall apply mutatis mutandis. Decisions to transfer shall be governed by the conditions laid down for the amendment of the statutes.
Amendment 227 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 8 8.
Amendment 228 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 10 Amendment 229 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 10 (10) A Member State may, in respect of European Associations having their registered office on its territory, refuse the transfer of the registered office, subject to a formal objection lodged by a designated competent authority within the period of two months specified in paragraph 3. Such objection may only be lodged
Amendment 23 #
Motion for a resolution Recital K a (new) Ka. whereas the vast majority of the activities of associations and NPOs are carried out at national level, but whereas an increasing number of associations and NPOs are operating across borders, which constitutes a significant challenge for border regions and their inhabitants;
Amendment 230 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 11 Amendment 231 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 12 Amendment 232 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 13 Amendment 233 #
Motion for a resolution Annex – Part I – Article 11 – paragraph 14 14. A European Association which is the subject of dissolution, winding-up, liquidation, insolvency, suspension of payments or other such procedures or if the transfer is against the statutes or would jeopardise the purpose of the European association may not transfer its registered office.
Amendment 234 #
Motion for a resolution Annex – Part I – Article 12 – paragraph 1 1. A European Association shall acquire legal personality on the da
Amendment 235 #
Motion for a resolution Annex – Part I – Article 12 – paragraph 1 a (new) 1a. European association shall have the legal personality in all Member States.
Amendment 236 #
Motion for a resolution Annex – Part I – Article 12 – paragraph 2 a (new) 2a. [As from the date of entry into force of this regulation,] only European Associations formed and registered pursuant to this Regulation may include the denomination “European Association” in their name upon acquisition of legal personality.
Amendment 237 #
Motion for a resolution Annex – Part I – Article 12 – point 4 – point a a (new) (aa) raise funds;
Amendment 238 #
Motion for a resolution Annex – Part I – Article 12 – paragraph 4 – point b (b) receive donations and legacies
Amendment 239 #
Motion for a resolution 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 24 #
Motion for a resolution Recital L L. whereas cross-border associations and NPOs in particular contribute greatly to the achievement of the Union
Amendment 240 #
Motion for a resolution Annex – Part I – Article 13 – paragraph 3 (3) Other governance bodies may be
Amendment 241 #
Motion for a resolution Annex – Part I – Article 14 – paragraph 2 2. The Board shall be elected by the General Assembly, in accordance with the statutes. Information on the composition of the Board shall be made available within 6 months from the date of the election to the national supervisory authority, which shall inform the European Associations Authority. Any further changes to the composition shall be reflected within the same provision. Such information shall be made publicly available by the European Association.
Amendment 242 #
Motion for a resolution Annex – Part I – Article 14 – paragraph 3 – point a (a)
Amendment 243 #
Motion for a resolution Annex – Part I – Article 14 – paragraph 6 (6) The Board may hold ordinary and extraordinary meetings; within the framework of its ordinary meetings, the Board shall meet at intervals laid down by the statutes, and at least twice a year, to discuss the accounts, the activities and the foreseeable prospects of the European Association's
Amendment 244 #
Motion for a resolution Annex – Part I – Article 14 – paragraph 7 7. The Board shall, once a year, draw up a report on the accounts and activities of the European Association, which it shall transmit to the national supervisory authority
Amendment 245 #
Motion for a resolution Annex – Part I – Article 14 – paragraph 7 7. The Board shall, once a year, draw up a report on the
Amendment 246 #
Motion for a resolution Annex – Part I – Article 14 – paragraph 7 a (new) 7a. The Board shall, once a year, draw up a report on the accounts and the funding received by the European Association, which it shall disclose to the national supervisory authority and to the European Associations Authority. Such annual report shall also be made publicly available by the European Association. The annual report shall, insofar as this meets the objective of general interest with regards to the objectives and activities of the European Association, include description of the funding received during the previous calendar year, information on the origin and value of credits, bank loans, donations or uncompensated receipt of cash or property, funding provided by national, regional or local bodies or companies with governmental or municipal capital participation, funding provided by political parties, corporate funding, as well as funding received under the European Structural and Investment funds, from other European instruments or international financial institutions. The reporting and transparency obligations with regard to financing shall not lead to a difference in treatment or any limitations to the rights or obligations of the European Association, based on the sources of the funding, its objectives or activities.
Amendment 247 #
Motion for a resolution Annex – Part I – Article 15 – paragraph 5 5.
Amendment 248 #
Motion for a resolution Annex – Part I – Article 15 – paragraph 5 5. The meetings of the General Assembly may be held
Amendment 249 #
Motion for a resolution Annex – Part I – Article 15 – paragraph 8 8. Every member shall have the right to participate in the General Assembly
Amendment 25 #
Motion for a resolution 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
Amendment 250 #
Motion for a resolution Annex – Part I – Article 15 – paragraph 9 9. Members’ right to vote and to submit motions in the General Assembly shall be exercised in accordance with the European Association’s statutes.
Amendment 251 #
Motion for a resolution Annex – Part I – Article 15 – paragraph 11 11. Decisions by the General Assembly on ordinary matters shall be taken as a rule by a majority of the votes of the members present or represented.
Amendment 252 #
Motion for a resolution Annex – Part I – Article 17 – title Amendment 253 #
Motion for a resolution Annex – Part I – Article 17 – paragraph 5 a (new) 5a. The text of the adopted statutes shall be made available within 6 months from the date of their adoption to the national supervisory authority, which shall inform the European Associations Authority. Any adopted changes to the Statutes shall be reflected within the same provision. Such information shall be made publicly available by the European Association.
Amendment 254 #
Motion for a resolution Annex – Part I – Article 18 – paragraph 1 1. Any discriminat
Amendment 255 #
Motion for a resolution Annex – Part I – Article 18 – paragraph 2 2. Any European Association
Amendment 257 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 1 – introductory part 1. A European Association can be granted public benefit status if the
Amendment 258 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 1 – point a Amendment 259 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 1 – point a – introductory part (a) the organisation’s 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, public interest advocacy, or political activism, except where this is systematically and directly aimed to benefit the structures of a
Amendment 26 #
Motion for a resolution Recital L L. whereas cross-border associations and NPOs in particular contribute greatly, on the one hand, to promoting general interests and, on the other hand, to the achievement of the Union's objectives, and develop many and various activities of general interest with a transnational relevance;
Amendment 260 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 1 – point a – introductory part (a) the organisation’s 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,
Amendment 261 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 1 – point a – subpoint c (c) the promotion and protection of fundamental rights and Union values, including democracy, the rule of law, the elimination of any discrimination based on gender, race, ethnicity, religion, disability, sexual
Amendment 262 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 1 – point a – subpoint d (d) social
Amendment 263 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 1 – point a – subpoint j (j) education
Amendment 264 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 1 – point a – subpoint m (m) the promotion of amateur sports.
Amendment 265 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 3 3. The supervisory authority shall
Amendment 266 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 4 Amendment 267 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 5 Amendment 268 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 6 Amendment 269 #
Motion for a resolution Annex – Part I – Article 19 – paragraph 7 Amendment 27 #
Motion for a resolution Recital L a (new) La. whereas despite the burgeoning numbers of cross-border associations and NPOs in the European Union, there is no harmonised pan-European legislative framework allowing them to operate and organise themselves properly at a cross- border level;
Amendment 270 #
Motion for a resolution Annex – Part I – Article 21 Amendment 271 #
Motion for a resolution Annex – Part I – Article 22 – paragraph 2 2. European Associations shall be subject to the provisions of Union and applicable national law concerning taxation, customs, foreign exchange, money laundering and terrorist financing, as well as to the rules regulating the funding of elections and political parties, as applicable to the legal entities identified pursuant to Article 3(2) of this Regulation in the Member State in which they have their registered office.
Amendment 272 #
Motion for a resolution Annex – Part I – Article 22 – paragraph 2 a (new) 2a. European Associations shall be subject to reporting and public disclosure obligations with regard to the composition of Board of directors, provisions of the statutes and financing, insofar as this meets the objective of general interest, with regards to its objectives and activities. Such reporting and public disclosure obligations shall not lead to any difference of treatment or limitation of the rights and obligations of the European Association regardless of desirability of its purpose or sources of financing.
Amendment 273 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 1 1.
Amendment 274 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 2 – introductory part 2.
Amendment 275 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 2 – point c a (new) (ca) an annual activity report;
Amendment 276 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 2 – subparagraph 2 Amendment 277 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 2 – subparagraph 2 The information referred to in the first subparagraph shall accompany the annual report on the activities and the annual report on accounts and financing and foreseeable prospects of the European Association’s affairs that the Board shall transmit to the national supervisory authority and the European Associations Authority pursuant to Article 14(7), (7a) of this Regulation.
Amendment 278 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 2 – subparagraph 2 The information on annual accounts referred to in the first subparagraph shall accompany the annual report on the activities and foreseeable prospects of the European Association’s affairs that the Board shall transmit to the national supervisory authority and the European Associations Authority pursuant to Article 14(7) of this Regulation.
Amendment 279 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 2 a (new) 2a. The annual activity report shall contain at least: (a) information on the activities of the European Association; (b) a description of how the public benefit purpose, if granted to the European Association, was promoted during the financial year; (c) a list of gifts received and given.
Amendment 28 #
Motion for a resolution Recital L b (new) Lb. whereas, at present, in the absence of any Union regulation governing NPOs, their cross-border activities are typified by cultural, judicial and political discrepancies deriving from national regulations;
Amendment 280 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 2 b (new) 2b. The annual accounts of the European Association, duly approved by the governing board, shall be published together with the annual report and the report of the person responsible for auditing the accounts.
Amendment 281 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 3 Amendment 282 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 3 3. The annual accounts of the European Associations, and, where applicable, their consolidated accounts, shall be audited pursuant to the
Amendment 283 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 4 Amendment 284 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 4 4. The report resulting from the audit referred to in paragraph 3 shall be disclosed in the manner provided for by the law of the Member State in which the European Association has its registered office.
Amendment 285 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 5 Amendment 286 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 5 Amendment 287 #
Motion for a resolution 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 custodial sentence of a maximum of at least
Amendment 288 #
Motion for a resolution 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
Amendment 289 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 6 Amendment 29 #
Motion for a resolution Recital L c (new) Lc. whereas the European Parliament stressed as early as 1987 the need to introduce an appropriate European regulation for European non-profit organisations in its resolution of 13 March 1987 on non-profit-making associations in the European Communities;
Amendment 290 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 6 Amendment 291 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 7 Amendment 292 #
Motion for a resolution Annex – Part I – Article 23 – paragraph 7 Amendment 293 #
Motion for a resolution Annex – Part I – Chapter 5 – title Amendment 294 #
Motion for a resolution Annex – Part I – Article 24 Amendment 295 #
Motion for a resolution Annex – Part I – Article 24 – title Amendment 296 #
Motion for a resolution Annex – Part I – Article 24 – paragraph 1 1.
Amendment 297 #
Motion for a resolution Annex – Part I – Article 24 – paragraph 1 1. The supervisory authority shall consult in a timely manner the supervisory authorities of other Member States
Amendment 298 #
Motion for a resolution 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
Amendment 299 #
Motion for a resolution Annex – Part I – Article 24 – paragraph 2 Amendment 3 #
Motion for a resolution 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 30 #
Motion for a resolution Recital M Amendment 300 #
Motion for a resolution Annex – Part I – Article 24 – paragraph 2 a (new) 2a. The supervisory authority shall communicate on an annual basis to the European Associations Authority a list of cases where criminal investigations were launched against European Associations, including where the disclosure of the list of members was requested pursuant to Article 23 paragraph 5.
Amendment 301 #
Motion for a resolution Annex – Part I – Article 24 – paragraph 3 Amendment 302 #
Motion for a resolution Annex – Part I – Article 24 – paragraph 3 3. The European Associations Authority shall review the recommendation communicated pursuant to paragraph 3 within 30 calendar days. Following such review, if it disagrees with the recommendation, the European Association Authority may refer it back to the supervisory authority with reasoned recommendations
Amendment 303 #
Motion for a resolution Annex – Part I – Article 24 – paragraph 4 Amendment 304 #
Motion for a resolution Annex – Part I – Article 24 – paragraph 5 Amendment 305 #
Motion for a resolution Annex – Part I – Article 24 – paragraph 6 6. Effective remedies shall be available to European Associations to challenge decisions taken by the
Amendment 306 #
Motion for a resolution Annex – Part I – Article 26 – paragraph 1 – point b (b) by decision of the General Assembly, w
Amendment 307 #
Motion for a resolution 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 308 #
Motion for a resolution Annex – Part I – Article 26 – paragraph 2 2. The supervisory authority shall inform the
Amendment 309 #
Motion for a resolution Annex – Part I – Article 27 – paragraph 1 – introductory part 1. A European
Amendment 31 #
Motion for a resolution Recital M M. whereas any organisation benefiting from a European statute or from European common minimum standards should
Amendment 310 #
Motion for a resolution Annex – Part I – Article 27 – paragraph 1 – introductory part 1. A European Association may be dissolved
Amendment 311 #
Motion for a resolution 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 312 #
Motion for a resolution Annex – Part I – Article 27 – paragraph 1 – introductory part 1. A European Association
Amendment 313 #
Motion for a resolution Annex – Part I – Article 27 – paragraph 2 Amendment 314 #
Motion for a resolution Annex – Part I – Article 27 – paragraph 2 2.
Amendment 315 #
Motion for a resolution Annex – Part I – Article 27 – paragraph 3 Amendment 316 #
Motion for a resolution 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 Association
Amendment 317 #
Motion for a resolution Annex – Part I – Article 27 – paragraph 4 Amendment 318 #
Motion for a resolution Annex – Part I – Article 27 – paragraph 4 4. Applicants may request
Amendment 319 #
Motion for a resolution Annex – Part I – Article 27 – paragraph 5 Amendment 32 #
Motion for a resolution Recital M M. whereas any organisation benefiting from a European statute or from European common minimum standards should not act against the EU's common values and objectives enshrined in the Treaties and the Charter of Fundamental Rights;
Amendment 320 #
Motion for a resolution Annex – Part I – Article 27 – paragraph 5 5. The European Associations
Amendment 321 #
Motion for a resolution Annex – Part I – Article 27 – paragraph 6 6. Upon its publication pursuant
Amendment 322 #
Motion for a resolution Annex – Part I – Article 29 – paragraph 1 Amendment 323 #
Motion for a resolution Annex – Part II – title Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF THE EUROPEAN UNION on common minimum standards for non-profit organisations in the
Amendment 324 #
Motion for a resolution Annex – Part II – recital 1 (1) Freedom of association is a fundamental right
Amendment 325 #
Motion for a resolution 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 326 #
Motion for a resolution Annex – Part II – recital 3 (3) Non-profit organizations including philanthropic organisations make a key contribution to the achievement of goals that are in the public interest and to achieve the Union’s objectives, including by promoting active participation in the economic and democratic life of our
Amendment 327 #
Motion for a resolution Annex – Part II – recital 3 (3) Non-profit organizations make a key contribution to the achievement of goals that are in the public interest and to achieve the Union’s objectives, including by promoting active participation in the economic
Amendment 328 #
Motion for a resolution 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. __________________ 1aSOC/611, European philanthropy: an untapped potential OPINION. European Economic and Social Committee.
Amendment 329 #
Motion for a resolution Annex – Part II – recital 7 a (new) (7a) Despite the burgeoning numbers of cross-border associations and non- profit organisations in the European Union, there is currently no harmonised pan-European legislative framework allowing them to operate and organise themselves properly at a cross-border level.
Amendment 33 #
Motion for a resolution Recital N N. whereas the terms “association” and “NPO” should, for the purpose of this report, be understood to reflect the multitude of forms of non-profit organisations in the Union, and encompass not only
Amendment 330 #
Motion for a resolution Annex – Part II – recital 11 (11) It is necessary at Union level to build on existing standards and guidance to establish minimum standards in line with the Freedom of Association and the free flow of capital, for non-profit organisations, 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 331 #
Motion for a resolution Annex – Part II – recital 11 (11) It is necessary at Union level to build on existing standards and guidance to establish minimum standards in line with the freedom of association and the free flow of capital, for non-profit organisations, 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 332 #
Motion for a resolution 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 333 #
Motion for a resolution 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, aimed at ensuring a level playing field and a uniform level of protection
Amendment 334 #
Motion for a resolution Annex – Part II – recital 12 (12) This Directive approximates the laws of the Member States as regards certain aspects of the formation, registration, operations, financing, reporting and cross-border activities of non-profit organisations.
Amendment 335 #
Motion for a resolution Annex – Part II – recital 15 a (new) (15a) When determining the non-profit character of an organisation following article 2 of this Directive, the direct beneficiaries of organisations aiming at providing care services for individuals with specific social needs or health conditions, shall not be considered to be private parties.
Amendment 336 #
Motion for a resolution 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
Amendment 337 #
Motion for a resolution 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 338 #
Motion for a resolution Annex – Part II – recital 17 (17) Trade unions, organisations that 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 339 #
Motion for a resolution 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 34 #
Motion for a resolution Paragraph 1 1. Notes that associations and NPOs lack a legal form at Union level to put the representation of civil society interests on an equal footing with that of commercial undertakings and economic interest groups for which legal form at Union level has long been established but is unfortunately little used;
Amendment 340 #
Motion for a resolution 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 341 #
Motion for a resolution 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 organizations have further reported difficulties in providing donations or grants in some cases. It is therefore necessary to establish principles and standards on non-
Amendment 342 #
Motion for a resolution 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-
Amendment 343 #
Motion for a resolution 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-
Amendment 344 #
Motion for a resolution 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
Amendment 345 #
Motion for a resolution Annex – Part II – recital 28 (28) According to the judgment of the Court of Justice of 18 June 2020 in case C- 78/18, European Commission v Hungary11
Amendment 346 #
Motion for a resolution Annex – Part II – recital 28 (28) According to the judgment of the Court of Justice of 18 June 2020 in case C- 78/18, European Commission v Hungary11 , Article 63 of the Treaty on the Functioning of the European Union (TFEU) and Articles 7, 8 and 12 of the Charter of Fundamental Rights of the European Union (the ‘Charter’) protect non-profit organisations against discriminatory, unnecessary and unjustified restrictions to access to resources and the free movement of capital within the Union . This also concerns the ability to seek, secure and use resources of both domestic and foreign origin, which is essential to the existence and operation of any legal entity. Restrictions can be imposed for legitimate aims, such as in the interests of national security, public safety or public order, but should be proportionate to the objective of protecting such interests, and the least intrusive means of achieving the desired objective. This concerns, among others, restrictions deriving from rules on combating money laundering and terrorist financing, which are applied in accordance with the principles of necessity and proportionality, having regard in particular to risk-assessment obligations under
Amendment 347 #
Motion for a resolution Annex – Part II – recital 28 a (new) (28a) The practice of the European Court of Justice(ECJ) recognises the application of the free movement of capital to philanthropic funds and continues to interpret the fundamental freedoms guaranteed under the European Treaties along with ensuring that the principle of non-discrimination applies to donors and public benefit organisations in the EU, while examining tax treatment of public benefit entities and their donors2a. National legislation however continues to discriminate or imply costly and burdensome procedures to non-national organization, amounting to a conflict between national systems and EU law. __________________ 2aStauffer:C-386/04 Centro di Musicologia Walter Stauffer/Finanzamt München fürKörperschaften [2006] ECR I-8203; Hein-Persche: C-318/07 Hein Persche/FinanzamtLüdenscheid [2009] ECR I-359 and Missionswerk: C-25/10 Missionswerk WernerHeukelbach eV/Belgien [2011] 2 C.M.L.R. 35.
Amendment 348 #
Motion for a resolution 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 349 #
Motion for a resolution Annex – Part II – recital 30 (30) Non-profit organisations should be consulted in a meaningful way about the introduction, review and implementation of any legislation, policies and practices that affect their operations. A regular and transparent dialogue should be established at all governmental levels. 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 35 #
Motion for a resolution 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 350 #
Motion for a resolution Annex – Part II – Article 1 This Directive is aimed at providing a common set of measures for non-profit organisations established in the Union in order to secure an enabling environment in which it is possible for these organisations to contribute to the functioning of the internal market. It approximates the laws
Amendment 351 #
Motion for a resolution Annex – Part II – Article 1 This Directive is aimed at providing a common set of measures for non-profit organisations established in the Union in order to secure an enabling environment in which it is possible for these organisations to contribute to the functioning of the internal market. It approximates the laws of the Member States as regards certain aspects of the objectives and activities, registration, operations, financing, reporting and cross-border activities of non-profit organisations.
Amendment 352 #
Motion for a resolution Annex – Part II – Article 2 – paragraph 1 1. This Directive shall apply
Amendment 353 #
Motion for a resolution Annex – Part II – Article 2 – paragraph 2 – introductory part 2. Under this Directive, non-profit organisation refers to any voluntary and permanent grouping of natural or legal persons
Amendment 354 #
Motion for a resolution Annex – Part II – Article 2 – paragraph 2 – point a (a) pursue a primary aim which is not that of generating a profit, meaning that if any profits are earned from the organisation’s activities,
Amendment 355 #
Motion for a resolution 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
Amendment 356 #
Motion for a resolution 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 357 #
Motion for a resolution Annex – Part II – Article 2 – paragraph 3 3. This Directive applies to non-profit organisations meeting the criteria set out in paragraph 2 irrespective of whether or not they are membership-based and, of whether or not they are registered or granted legal personality under the law of the Member State in which they are based.
Amendment 358 #
Motion for a resolution Annex – Part II – Article 2 – paragraph 5 5. Trade unions
Amendment 359 #
Motion for a resolution 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-
Amendment 36 #
Motion for a resolution Paragraph 2 Amendment 360 #
Motion for a resolution 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-
Amendment 361 #
Motion for a resolution Annex – Part II – Article 2 – paragraph 5 5. Trade unions, organisations that are associations of trade unions, or 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 trade unions or foundations, associations or other non-
Amendment 362 #
Motion for a resolution Annex – Part II – Article 2 – paragraph 6 6.
Amendment 363 #
Motion for a resolution Annex – Part II – Article 4 – paragraph 2 a (new) (2a) This Directive shall be without prejudice to the right of Member States to introduce or maintain provisions that are more favourable to non-profit organisations, provided that such provisions do not interfere with the obligations deriving from this Directive.
Amendment 364 #
Motion for a resolution Annex – Part II – Article 5 – paragraph 1 1. Member States shall ensure that no discrimination based on nationality derives from national laws, regulations or administrative practices regulating non- profit organisations, including their formation, registration, operations, financing, financial and tax treatment or tax relief measures and cross-border activities.
Amendment 365 #
Motion for a resolution Annex – Part II – Article 5 – paragraph 1 1. Member States shall ensure that no discrimination
Amendment 366 #
Motion for a resolution Annex – Part II – Article 5 – paragraph 2 2. Member States shall ensure that national laws, regulations or administrative practices regulating non-profit organisations, including their formation,
Amendment 367 #
Motion for a resolution Annex – Part II – Article 5 – paragraph 2 a (new) 2a. Member States shall in the context of the non-discrimination principle in their jurisdiction allow tac relief measures in cross-border contexts.
Amendment 368 #
Motion for a resolution Annex – Part II – Article 6 – paragraph 1 1. Member States shall ensure the simplification, to the extent possible, of national laws, regulations or administrative practices regulating the formation, registration, operations, financing and cross-border activities of non-profit organisations, in order to eliminate any obstacles which affect the ability of legal or natural persons or groups of such
Amendment 369 #
Motion for a resolution Annex – Part II – Article 6 – paragraph 1 (1) Member States shall ensure the simplification, to the extent possible, of national laws, regulations or administrative practices regulating the formation, registration, operations, financing and cross-border activities of non-profit organisations, in order to
Amendment 37 #
Motion for a resolution Paragraph 2 2. Emphasises that
Amendment 370 #
Motion for a resolution Annex – Part II – Article 6 – paragraph 1 1. Member States shall ensure the simplification, to the extent possible, of national laws, regulations or administrative practices regulating the formation, registration, operations, financing, reporting obligations and cross-border activities of non-profit organisations, in order to eliminate any obstacles which affect the ability of legal or natural persons or groups of such persons, regardless of their nationality, to establish, register or operate in its territory a non-profit organisation.
Amendment 371 #
Motion for a resolution Annex – Part II – Article 7 – paragraph 1 1. Member States shall take the measures necessary to ensure that the application of national laws, regulations or administrative practices regulating the formation, registration, operations, financing, reporting obligations and cross- border activities of non-profit organisations established, registered or operating in its territory is undertaken by a designated regulatory authority whose powers and functions shall be clearly defined by law and exercised in accordance with the principle of good administration, including as regards the right to have one’s affairs handled impartially, fairly and within a reasonable time.
Amendment 372 #
Motion for a resolution Annex – Part II – Article 7 – paragraph 2 2. Member States shall take the measures necessary to ensure that non- profit organisations found to be in violation of national laws, regulations or administrative practices regulating the formation, registration, operations, financing and cross-border activities of non-profit organisations be provided with adequate notice about the alleged violation and be given
Amendment 373 #
Motion for a resolution 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 supervisory authorities whose powers and functions shall be clearly defined by law and exercised with independence (free of political interference) 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 374 #
Motion for a resolution 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 supervisory authorities whose powers and functions shall be clearly defined by law and exercised with independence, free of political interference and in accordance with the
Amendment 375 #
Motion for a resolution 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
Amendment 376 #
Motion for a resolution Annex – Part II – Article 7 – paragraph 4 4. Member States shall take the measures necessary to ensure that oversight and
Amendment 377 #
Motion for a resolution Annex – Part II – Article 7 – paragraph 5 5. Member States shall take the measures necessary to ensure that comprehensive and easily understandable information is available to the public as to the national laws, regulations or administrative practices regulating the formation, registration, operations, financing, reporting obligations and cross- border activities of non-profit organisations established,
Amendment 378 #
Motion for a resolution 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 379 #
Motion for a resolution Annex – Part II – Article 8 – paragraph 1 1. Member States shall ensure that
Amendment 38 #
Motion for a resolution Paragraph 2 2. Emphasises that the current legal framework at Union and national level is insufficient to support a strong pan- European civil society, the existence of which is necessary for democracy; thus, identifies the need to introduce a new legal form, namely that of European Association, including rules on its establishment, transparency and accountability and governance;
Amendment 380 #
Motion for a resolution Annex – Part II – Article 9 – paragraph 1 (1) Member States shall establish a presumption in favour of the objectives and activities of non-profit organisations, which may be rebutted insofar as they pose a serious threat to
Amendment 381 #
Motion for a resolution Annex – Part II – Article 9 – paragraph 1 1. Member States shall e
Amendment 382 #
Motion for a resolution Annex – Part II – Article 9 – paragraph 2 a (new) (2a) The name, address and nationality of the founding members, if they are natural persons, or the name and address of the registered office of the founding members, if they are legal persons;
Amendment 383 #
Motion for a resolution 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 384 #
Motion for a resolution Annex – Part II – Article 11 – paragraph 2 – point a (a) the organisation’s name and address (registered office);
Amendment 385 #
Motion for a resolution Annex – Part II – Article 11 – paragraph 2 – point b (b) the organisation’s objectives and activities and rights and obligations of its members;
Amendment 386 #
Motion for a resolution Annex – Part II – Article 11 – paragraph 2 – point c (c) the organisation’s governance rules
Amendment 387 #
Motion for a resolution Annex – Part II – Article 11 – paragraph 2 – point c a (new) (ca) the date when the statutes were adopted and the name of signatories;
Amendment 388 #
Motion for a resolution 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 custodial sentence of a maximum of at least
Amendment 389 #
Motion for a resolution Annex – Part II – Article 11 – paragraph 3 3. Notwithstanding paragraph 2, non- profit organisations
Amendment 39 #
Motion for a resolution Paragraph 3 Amendment 390 #
Motion for a resolution 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
Amendment 391 #
Motion for a resolution Annex – Part II – Article 12 – paragraph 5 5. Member States shall ensure that cooperation between natural or legal persons that did not seek to acquire legal personality are not deemed to constitute a non-profit organisation with legal personality for the sole purpose of subjecting them to national laws, regulations or administrative practices and so regulate or affect their operations, financing and cross-border activities, unless there are grounds to maintain that the non-profit organisation is a criminal organisation pursuant to national law or this is necessary for the purpose of the investigation or prosecution of criminal offences punishable by a custodial sentence of a maximum of
Amendment 392 #
Motion for a resolution Annex – Part II – Article 14 – paragraph 1 Amendment 393 #
Motion for a resolution Annex – Part II – Article 13 – paragraph 1 1. Member States shall ensure that formal registration is not a
Amendment 394 #
Motion for a resolution Annex – Part II – Article 13 – paragraph 6 Amendment 395 #
Motion for a resolution Annex – Part II – Article 13 – paragraph 8 8. Member States shall maintain a database of registered
Amendment 396 #
Motion for a resolution Annex – Part II – Article 14 – paragraph 2 – point a (a) the organisation's 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 public good, including charitable purposes or political activism, except where this is systematically and directly aimed to benefit the structures of a specific political party.
Amendment 397 #
Motion for a resolution Annex – Part II – Article 14 – paragraph 2 – point a (a) the organisation’s 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 public good, including charitable purposes, public interest advocacy, or political activism, except where this is systematically and directly aimed to benefit the structures of a specific political party. The following purposes shall be considered as oriented towards public benefit, although the list shall not be considered as exclusive:
Amendment 398 #
Motion for a resolution Annex – Part II – Article 14 – paragraph 2 – point a – subpoint a (a) arts, culture
Amendment 399 #
Motion for a resolution Annex – Part II – Article 14 – paragraph 2 – point a – subpoint a a (new) (aa) the promotion of traditions and customs of national and European identities;
Amendment 4 #
Motion for a resolution Recital A A. whereas Article 63 TFEU together with Articles 7, 8 and 12 of the Charter of Fundamental Rights guarantees the freedom of association at all levels and protects non-profit organisations (NPOs) against any discriminatory, unnecessary and unjustified restrictions regarding the financing of their activities4; __________________ 4 ECJ C-78/18
Amendment 40 #
Motion for a resolution Paragraph 3 3. Believes that Union legislation
Amendment 400 #
Motion for a resolution Annex – Part II – Article 14 – paragraph 2 – point a – subpoint c (c) the promotion and protection of fundamental rights and Union values, including democracy, the rule of law, the elimination of any discrimination based on gender, race, ethnicity, religion, disability, sexual orientation or any other grounds;
Amendment 401 #
Motion for a resolution Annex – Part II – Article 14 – paragraph 2 – point a – subpoint d (d) social
Amendment 402 #
Motion for a resolution Annex – Part II – Article 14 – paragraph 2 – point a – subpoint j (j) education
Amendment 403 #
Motion for a resolution Annex – Part II – Article 14 – paragraph 2 – point a – subpoint m (m) the promotion of amateur sports.
Amendment 404 #
Motion for a resolution Annex – Part II – Article 16 – paragraph 2 2. Member States shall ensure that involuntary termination, prohibition or dissolution of a non-profit organisation can only be the consequence of infringements of national law that cannot be rectified or remedied.
Amendment 405 #
Motion for a resolution Annex – Part II – Article 17 – paragraph 2 2. For the purpose of paragraph 1, Member States
Amendment 406 #
Motion for a resolution Annex – Part II – Article 18 Member States shall ensure that national rules governing non-profit organisations established, registered or operating on their territory do not result in an unjustified discrimination based solely on political desirability of organisation’s purpose, field of activities or sources of financing. Member States shall ensure that national rules governing non-profit organisations established, registered or operating on their territory do not result in an unjustified discrimination based solely on political desirability of organisation´s purpose, field of activities or sources of financing.
Amendment 407 #
Motion for a resolution Annex – Part II – Article 19 – paragraph 2 – point a (a) move its
Amendment 408 #
Motion for a resolution Annex – Part II – Article 19 – paragraph 2 – point b (b) have access to a simplified registration procedure which will
Amendment 409 #
Motion for a resolution Annex – Part II – Article 19 – paragraph 3 3. Member States shall establish the legal form the converted or merged organisation shall take, based on the principle of equivalence.
Amendment 41 #
Motion for a resolution Paragraph 4 4. Stresses that the fundamental right
Amendment 410 #
Motion for a resolution 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 411 #
Motion for a resolution Annex – Part II – Article 21 – paragraph 1 1. Member States shall remove any obstacles that affect the ability of non- profit organisations established, registered or operating in their territory to solicit, receive, dispose of or donate any resources, including financial, in-kind and material, or solicit or receive human resources, from or to any source including domestic, foreign or international entities, be it public bodies, private individuals or private bodies, that asset allocation across borders is not accompanied by additional bureaucratic burdens and that generating profit for reinvestment in charitable projects is enabled.
Amendment 412 #
Motion for a resolution Annex – Part II – Article 21 – paragraph 1 1. Member States shall remove any obstacles that affect the ability of non- profit organisations established, registered or operating in their territory to solicit, receive, dispose of or donate any resources, including financial, in-kind and material, or solicit or receive human resources, from or to any source
Amendment 413 #
Motion for a resolution Annex – Part II – Article 21 – paragraph 3 a (new) 3a. Member States shall ensure that asset allocation across borders is less bureaucratic and deductible as well as enable generating of profits for reinvestment in charitable projects.
Amendment 414 #
Motion for a resolution Annex – Part II – Article 23 – paragraph 1 1. In accordance with Union rules on
Amendment 415 #
Motion for a resolution 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 416 #
Motion for a resolution Annex – Part II – Article 24 – paragraph 2 a (new) 2a. Pursuant to art. 11 (3) a yearly report on the accounts of the non-profit organisations shall be made public, including information on the funding received during the previous calendar year, information on the origin and value of funding, credits, bank loans and donations or uncompensated receipt of cash or property.
Amendment 417 #
Motion for a resolution Annex – Part II – Article 25 – paragraph 3 3. Member States shall ensure that reporting and transparency obligations applicable to non-profit organisations pursuant to national laws, regulations and administrative practices do not lead to a difference in treatment or any limitations to the rights or obligations of the organisation, based on the sources of the organisation’s funding, its objectives or activities.
Amendment 418 #
Motion for a resolution 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
Amendment 419 #
Motion for a resolution Annex – Part II – Article 28 – paragraph 1 1. Member States shall ensure that national laws, regulations or administrative practices do not have the effect of requiring non-profit organisations established, registered or operating in their territory to publicly disclose their confidential and sensitive information. This may include personal data relating to the organisation’s staff, volunteers, members, founders or other private parties relating to it, including members of its governing structures
Amendment 42 #
Motion for a resolution Paragraph 4 4. Stresses that even though the freedom of movement and establishment is embedded in the Treaties, the fundamental right of association is still not fully supported under various jurisdictions of the Member States because of the lack of appropriate organisational forms and lack of equal treatment of existing forms throughout the
Amendment 43 #
Motion for a resolution Paragraph 4 4. Stresses that the fundamental right of association is still not fully supported under various jurisdictions of the Member States because of the lack of appropriate organisational forms and lack of equal treatment of existing forms throughout the Union, hindering cross-national projects, cross-border missions and mobility of civil society, and causing legal uncertainty;
Amendment 44 #
Motion for a resolution Paragraph 5 5. Regrets the lack of an instrument to further facilitate the freedom of movement
Amendment 45 #
Motion for a resolution Paragraph 5 5. Regrets the lack of an instrument to further facilitate the free movement of associations and NPOs, regardless of
Amendment 46 #
Motion for a resolution Paragraph 6 6. Stresses that due to the lack of harmonisation, NPOs that operate across Europe often face fees, formalities, and administrative and other hurdles, in particular when they rely on cross-border financing, and when relocating to a different Member State; Underlines that these hurdles also lead to a multiplication of workload when needing to follow multiple different administrative procedures in more than one Member State;
Amendment 47 #
Motion for a resolution Paragraph 6 6. Stresses that due to the lack of harmonisation, NPOs that operate across Europe often face fees, formalities, and administrative and other hurdles, in particular when they rely on cross-border financing, which puts their day-to-day activities at risk and discourages them from extending their missions across borders;
Amendment 48 #
Motion for a resolution Paragraph 6 6. Stresses that due to regulatory fragmentation and the lack of harmonisation at European level, NPOs that operate across Europe often face a series of unjustified restrictions such as fees, formalities, and administrative and other hurdles, in particular when they rely on cross-border financing;
Amendment 49 #
Motion for a resolution Paragraph 6 6. Stresses that due to the lack of
Amendment 5 #
Motion for a resolution Recital B B. whereas associations and NPOs are fundamental to representing the interests of citizens and civil society, and often make use of, and promote the freedom of expression, in particular in relation to promoting the public interest;
Amendment 50 #
Motion for a resolution Paragraph 7 Amendment 51 #
Motion for a resolution Paragraph 7 7. Stresses that the lack of harmonisation also leads to an uneven playing field due to the different market conditions and other obstacles that NPOs face in different Member States, for example when opening bank accounts,
Amendment 52 #
Motion for a resolution Paragraph 7 7. Stresses that the lack of
Amendment 53 #
Motion for a resolution Paragraph 7 7. Stresses that the
Amendment 54 #
Motion for a resolution Paragraph 8 8. Points out that associations and NPOs contribute to innovation, research, economic development, and job creation, in particular, but not limited to, the social, entrepreneurial, technology, and cultural sectors;
Amendment 55 #
Motion for a resolution Paragraph 8 a (new) 8a. Recognises the contributions of associations and NPOs to strategic goals of the Union, such as combating the climate emergency, tackling the digital transformation, and recovering from the COVID-19 pandemic; Underlines that achieving these goals will be impossible without the contribution of civil society promoting these issues throughout Europe, in particular with regards to the implementation of necessary policy on the local, national, and European level, while respecting the interests and rights of those affected;
Amendment 56 #
Motion for a resolution Paragraph 9 9. Asks the Commission to create reliable and frequently updated statistical resources,
Amendment 57 #
Motion for a resolution Paragraph 9 9. Asks the Member States to regularly provide disaggregated data and the Commission to create reliable and frequently updated statistical resources, to be included in Eurostat on cross-border activities and contributions, especially with regard to the single market for philanthropy;
Amendment 58 #
Motion for a resolution Paragraph 10 Amendment 59 #
Motion for a resolution Paragraph 10 10. Regrets that despite the importance of associations and non-profit organisations for society, the Commission and the Member States have not brought forward legislation to harmonise their situation
Amendment 6 #
Motion for a resolution Recital B B. whereas associations and NPOs are
Amendment 60 #
Motion for a resolution Paragraph 10 10. Regrets that the Commission and the Member States have not brought
Amendment 61 #
Motion for a resolution Paragraph 10 10. Regrets that the Commission and the Member States have not brought forward legislation to
Amendment 62 #
Motion for a resolution Paragraph 10 10. Regrets that the Commission
Amendment 63 #
Motion for a resolution Paragraph 10 a (new) 10a. Stresses that associations and NPOs are calling for new tools to facilitate their activities; points out that creating a European statute would enable a significant need to be met and the reality on the ground to be dealt with;
Amendment 64 #
Motion for a resolution Paragraph 11 11. Considers that
Amendment 65 #
Motion for a resolution Paragraph 11 11.
Amendment 66 #
Motion for a resolution Paragraph 11 11.
Amendment 67 #
Motion for a resolution 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
Amendment 68 #
Motion for a resolution 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 and other associations with a trade union aim in several Member States are given a special beneficial status and should therefore be given a choice to make use of the provisions under the proposed instruments;
Amendment 69 #
Motion for a resolution Paragraph 12 12. Considers that, due to their particular character, the proposed legal instruments
Amendment 7 #
Motion for a resolution Recital B a (new) Ba. whereas the many challenges faced by the European Union represent a great opportunity for associations and NPOs, particularly in border regions, which comprise nearly 40% of Union territory;
Amendment 70 #
Motion for a resolution Paragraph 13 13. Is alarmed by the increasing hindrances faced by associations and NPOs across the Union deriving from national laws, regulations or administrative practices or policies, which negatively affect civil society and unduly restrict the fundamental rights of citizens, especially that of freedom of association, of expression, and of information;
Amendment 71 #
Motion for a resolution Paragraph 13 13. Is alarmed by the increasing legal and administrative hindrances faced by associations and NPOs across the Union deriving from national laws, regulations or administrative
Amendment 72 #
Motion for a resolution Paragraph 13 13.
Amendment 73 #
Motion for a resolution Paragraph 13 13. Is a
Amendment 74 #
Motion for a resolution Paragraph 13 13. Is alarmed by the
Amendment 75 #
Motion for a resolution Paragraph 14 14. Takes well into account the possibilities digitalisation and the internet provide to facilitate the exercise of the right to freedom of association, for example making registration and forming of associations and non-profit organisations easier and readily available online ;
Amendment 76 #
Motion for a resolution Paragraph 15 Amendment 77 #
Motion for a resolution Paragraph 15 15. Emphasizes that NPOs are instrumental for democracy and policy making at all levels; welcomes civil society engagement in public interest advocacy, political activism, and active social life; condemns attempts to depoliticise NPOs, such as by refusing or challenging their status as public benefit organisation based on perceived or real political activity, where their activities are not meant to benefit, or substitute party politics of one particular party;
Amendment 78 #
Motion for a resolution Paragraph 15 15. Emphasizes that NPOs are an essential instrument
Amendment 79 #
Motion for a resolution Paragraph 15 15. Emphasizes that NPOs are instrumental for democracy and policy making at all levels;
Amendment 8 #
Motion for a resolution Recital B b (new) Bb. whereas associations and NPOs play a key role in anticipating and tackling socio-economic challenges, alongside national, regional and local governments;
Amendment 80 #
Motion for a resolution Paragraph 15 15. Emphasizes that NPOs are instrumental for democracy and policy making at all levels; condemns
Amendment 81 #
Motion for a resolution 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) 15b. Condemns attempts to restrict NPOs civic space, including by refusing or challenging their status as public benefit organisation on political grounds;
Amendment 83 #
Motion for a resolution Paragraph 16 16. Maintains that regulation will only benefit European civil society if NPOs can
Amendment 84 #
Motion for a resolution Paragraph 16 16. Maintains that regulation will only benefit European civil society if NPOs can make use of adequate and easily accessible funding both at national and at European level; points out that public financing of NPOs, is important since they have less access to income from profit-making activities; points out that the own funds requirement should be limited and non- monetary contributions of NPOs counted
Amendment 85 #
Motion for a resolution Paragraph 16 16. Maintains that
Amendment 86 #
Motion for a resolution Paragraph 16 16. Maintains that
Amendment 87 #
Motion for a resolution Paragraph 16 16. Maintains that regulation will only benefit European civil society if NPOs can make use of adequate and easily accessible funding both at national and at European level; points out that public financing, as well as private financing, of NPOs, is important since they have less access to income from profit-making activities; points out that the own funds requirement should be limited and non-
Amendment 88 #
Motion for a resolution Paragraph 16 a (new) 16a. Considers that the introduction of a status for European Associations will provide an opportunity for national and local organisations to engage more closely on European matters, engage in mutual learning and exchanges across borders, and support them in accessing EU level funding; Calls on the Commission and Member States to make adequate funds available, increase the accessibility and further simplify the procedures to facilitate access to funds for civil society actors, including small and local organisations;
Amendment 89 #
Motion for a resolution Paragraph 16 a (new) 16a. Considers furthermore that the legislation proposed needs to be complemented by measures to support a structured dialogue with civil society organisations, in line with article 11 TEU.
Amendment 9 #
Motion for a resolution Recital B c (new) Bc. whereas the COVID-19 pandemic and resultant crises have highlighted the vital role of associations and NPOs in helping citizens face the many difficulties which have arisen, thereby guaranteeing social cohesion;
Amendment 90 #
Motion for a resolution 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 91 #
Motion for a resolution Paragraph 16 b (new) 16b. Highlights that arbitrary and politically motivated discrimination based on the objectives and activities of organisations, as well as based on the sources of funding hinders the freedom of association and therefore is a threat to the freedom of expression;
Amendment 92 #
Motion for a resolution 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 93 #
Motion for a resolution Paragraph 17 17. Recognises that different approaches exist in legislation at national level and legal traditions to defining or recognising various member-based and non-member-based associations and NPOs, as well as to defining, recognising, and granting a public benefit status; underlines that, despite such significant differences,
Amendment 94 #
Motion for a resolution Paragraph 18 Amendment 95 #
Motion for a resolution Paragraph 18 18. Calls on the Commission to recognise and promote the public benefit activities of associations and NPOs by harmonising the public benefit status
Amendment 96 #
Motion for a resolution Paragraph 18 18. Calls on the Commission to recognise and promote the public benefit activities of associations and NPOs by
Amendment 97 #
Motion for a resolution Paragraph 18 18. Calls on the Commission to recognise and promote the public benefit activities of associations and NPOs by
Amendment 98 #
Motion for a resolution Paragraph 18 a (new) 18a. Calls on the Commission to adopt a legislative proposal to recognise reciprocally public benefit tax exempt organisations including philanthropic organisations in every Member State if recognised as public benefit tax exempt in one of the Member States for tax purposes should be in trach changes;
Amendment 99 #
Motion for a resolution Paragraph 18 a (new) 18a. Highlights the fact that European- level regulation of the statute and minimum standards for NPOs can help create a level playing field, thereby facilitating, from that perspective, the completion of the single market;
source: 699.025
2021/10/18
LIBE
81 amendments...
Amendment 1 #
Draft opinion Recital A A. non-profit organisations (NPOs) are increasingly involved in economic activities and contribute to the rapid development of the social economy including by engaging with citizens to better understand their needs and empower them, bringing societal benefits in terms of citizens welfare, the fight against climate change, quality
Amendment 10 #
Draft opinion Recital B a (new) B a. The use of NPOs by foreign actors to interfere in the political life of the Member States needs to be regulated at national level as it poses a major risk for democracy; whereas this kind of foreign funded NPOs such as The Open Society Foundations do not seek to make positive contributions to society but to influence electoral processes for their own economic interest;
Amendment 11 #
Draft opinion Recital B a (new) B a. NPOs they are an essential component of a strong rule of law ecosystem, and a precondition for healthy democracies;
Amendment 12 #
Draft opinion Recital B b (new) B b. European Association statute can solve cross border issues, but not civic space issue, which are core problem for a well-functioning democracy;
Amendment 13 #
Draft opinion Recital C C. Article 11 TEU acknowledges the role of NPOs in democratic life and specifies that institutions shall give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action, and that institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society;
Amendment 14 #
Draft opinion Recital D D. Article 12 of the Charter of Fundamental Rights guarantees the right to
Amendment 15 #
Draft opinion Recital D D. Article 12 of the Charter of Fundamental Rights guarantees the right to freedom of association at all levels, whereas this right is guaranteed in national legislations throughout the Union;
Amendment 16 #
Draft opinion Recital E Amendment 17 #
Draft opinion Recital E E. Restrictions of
Amendment 18 #
Draft opinion Recital E E. Restrictions of the space in which they operate have been reported by NPOs throughout the Union, related to the regulatory environment under which they operate, their finances and funding, their right to participation and to an unsafe environment with increasing attacks, including negative discourse
Amendment 19 #
Draft opinion Recital E E. Restrictions of the space in which they operate have been reported by NPOs throughout the Union, related to the regulatory environment under which they operate, their finances and funding, their right to participation and to an unsafe environment with increasingly worrying attacks, including negative discourse stigmatising NPOs;
Amendment 2 #
Draft opinion Recital A A. There are non-profit organisations (NPOs)
Amendment 20 #
Draft opinion Recital E a (new) E a. While NPOs play important roles in Member States and at EU level, their activities are blocked by legal and administrative obstruction and by the limits placed on NPOs' organisational capacity to operate across borders. As a result, their contributions are below its potential, especially in cross-border regions;
Amendment 21 #
Draft opinion Recital F F.
Amendment 22 #
Draft opinion Recital F F. In its judgment in Case C-78/181 , the Court of Justice of the European Union held that freedom of association does not only include the ability to create or dissolve an association but also covers the possibility for that association to act in the meantime;
Amendment 23 #
Draft opinion Recital G G. The Court of Justice of the European Union has produced concrete case law2 on the principles of non- discrimination and free movement of capital applied to cross-border donations
Amendment 24 #
Draft opinion Recital G G. The Court of Justice of the European Union has produced concrete case law2 on the principles of non- discrimination and free movement of capital applied to cross-border donations; whereas these principles are still not universally applied in Member States and the Commission has not
Amendment 25 #
Draft opinion Recital G a (new) G a. One third of the EU population lives in regions close to internal borders between Member States with an increasing number of cross-border initiatives however often hampered by discrepancies in the regulatory environment and development of the nonprofit sector on both sides of a border;
Amendment 26 #
Draft opinion Recital G a (new) G a. Whereas several member states have banned or are planning to ban third country funding of mosques;
Amendment 27 #
Draft opinion Paragraph 1 Amendment 28 #
Draft opinion Paragraph 1 Amendment 29 #
Draft opinion Paragraph 1 1. Calls on the Commission to put forward a legislative package creating a Statute for European Associations and laying down common rules and minimum standards for NPOs to exercise the right to freedom of assembly and to remove the barriers precluding NPOs from playing their fundamental role in society
Amendment 3 #
Draft opinion Recital A A. non-profit organisations (NPOs) are increasingly involved in economic activities and contribute to the rapid development of the social economy, bringing societal benefits in terms of citizens welfare, education, health the fight against climate change, quality employment and the fight against social exclusion and discrimination; whereas the development of the social economy directly contributes to the strengthening of the single market;
Amendment 30 #
Draft opinion Paragraph 1 a (new) 1 a. Stresses that is up to the Member States to decide the legal framework under which the NPOs can operate in their territory to ensure the citizens’ rights and to avoid foreign interferences, including the review of the NPOs statutes to ensure that they comply with the national legislation and their actions are not against public order;
Amendment 31 #
Draft opinion Paragraph 1 b (new) 1 b. Calls on the Commission to ensure by legislative means that NPOs operating in the Member States only receive EU public funding if it counts with the approval of the Member State concerned;
Amendment 32 #
Draft opinion Paragraph 1 c (new) 1 c. Highlights that the EU was conceived as a union of independent nations, working together for mutual gain; stresses in this regard that the EU should refrain from any action seeking political interference in the Member states;
Amendment 33 #
Draft opinion Paragraph 2 Amendment 34 #
Draft opinion Paragraph 2 2. Highlights that the definition of common measures for NPOs will enable coherent judicial review at Union level and lay down the foundations for future case law that will help strengthen
Amendment 35 #
Draft opinion Paragraph 2 2. Highlights that the definition of common measures for NPOs will enable coherent judicial review at Union level and lay down the foundations for potential future case law that will help strengthen Union-wide
Amendment 36 #
Draft opinion Paragraph 3 Amendment 37 #
Draft opinion Paragraph 3 3. Considers that the
Amendment 38 #
Draft opinion Paragraph 3 3. Considers that the long-overdue creation of a Statute for European Associations is a crucial step in fostering civic space at Union level, cross-border cooperation and dialogue, exchanges between citizens and reflection on common history and values; points out that such a Statute would help European civil society to structure itself, in particular by facilitating the development of European networks; considers that European Associations could be instrumental in enhancing civic participation in Union policy-making;
Amendment 39 #
Draft opinion Paragraph 3 3. Considers that the
Amendment 4 #
Draft opinion Recital A A. non-profit organisations (NPOs) are increasingly involved in economic activities and contribute to the rapid development of the social economy, bringing societal benefits in terms of citizens welfare, the fight against climate change, quality employment and the fight against social exclusion and discrimination; whereas the development of the social economy directly contributes to the
Amendment 40 #
Draft opinion Paragraph 4 Amendment 41 #
Draft opinion Paragraph 4 4. Stresses that, in light of the growing number of threats which transcend national boundaries such as environmental damages, pandemics or the misuse of digital technologies, the potential of cross- border NPO activities should be unlocked in order for them to best harness their local, national and EU-level expertise so as to further strengthen their role in the protection and promotion of fundamental rights, the fight against discrimination and the support of citizens, especially marginalized and vulnerable people; emphasises that cross-border activities should both mean activities or cooperation carried out in more than one Member State and activities furthering the Union’s objectives or contributing to the promotion and safeguarding of its values;
Amendment 42 #
Draft opinion Paragraph 4 4. Stresses that, in light of the growing number of threats which transcend national boundaries such as the climate emergency, environmental damages, pandemics or the misuse of digital technologies, but also with regards to the many successful cross- border projects, the potential of cross- border NPO activities should be unlocked; emphasises that cross-border activities should both mean activities or cooperation carried out in more than one Member State and activities furthering the Union’s objectives or contributing to the promotion and safeguarding of its values;
Amendment 43 #
Draft opinion Paragraph 4 4. Stresses that, in light of the growing number of threats which transcend national boundaries such as environmental damages, pandemics
Amendment 44 #
Draft opinion Paragraph 4 4. Stresses that, in light of the growing number of threats which transcend national boundaries such as environmental damages, pandemics or the misuse of digital technologies, the potential of cross- border NPO activities should be
Amendment 45 #
Draft opinion Paragraph 4 4. Stresses that, in light of the growing
Amendment 46 #
Draft opinion Paragraph 5 Amendment 47 #
Draft opinion Paragraph 5 a (new) 5 a. Deplores that civil society was completely left out of pandemic-response relief schemes;
Amendment 48 #
Draft opinion Paragraph 6 Amendment 49 #
Draft opinion Paragraph 6 6. Considers that NPOs cannot thrive at Union level if the space in which they operate is being eroded or deliberately restricted in a number of Member States; considers therefore that the setting of common minimum standards for rules and procedures applying to NPOs will also help to provide a minimum level of protection throughout the Union
Amendment 5 #
Draft opinion Recital A a (new) A a. The COVID-19 pandemic demonstrated NPOs’ central role in providing information and support to citizens, and highlighted their important role in providing care, including medical and social, especially to vulnerable and marginalized people and communities;
Amendment 50 #
Draft opinion Paragraph 6 6. Considers that NPOs cannot thrive at Union level if the space in which they operate is being restricted in any number of Member States; emphasizes that public interest advocacy and political activism should be recognised as in the public interest, as long as it is not systematically and directly aimed to benefit the structures of a specific political party; considers therefore that the setting of common minimum standards will also help to provide a minimum level of protection throughout the Union and to spread best practices;
Amendment 51 #
Draft opinion Paragraph 6 6. Considers that NPOs cannot thrive at Union level if the space in which they operate is being restricted in a number of Member States; is aware that the framework for action currently available to independent civil society in some Member States is seriously limited; considers therefore that the setting of common minimum standards will also help to provide a minimum level of protection throughout the Union and to
Amendment 52 #
Draft opinion Paragraph 6 6. Considers that NPOs cannot thrive at Union level if the space in which they operate is being restricted in a number of Member States;
Amendment 53 #
Draft opinion Paragraph 6 6. Considers that NPOs cannot thrive at Union level if the space in which they operate is being restricted in a number of Member States, being of outmost importance in cross-border regions and Euroregions; considers therefore that the setting of common minimum standards will also help to provide a minimum level of protection throughout the Union and to spread best practices;
Amendment 54 #
Draft opinion Paragraph 6 a (new) 6 a. Highlights that whereas many cross-border regions involve connections with civil society facilitated by NPOs and there is a growing number of NPOs operations across borders, legal and fiscal barriers remain;
Amendment 55 #
Draft opinion Paragraph 7 Amendment 56 #
Draft opinion Paragraph 7 Amendment 57 #
Draft opinion Paragraph 7 7. Urges the Commission to develop a dedicated, comprehensive strategy to strengthen civil society in Europe, including by introducing measures to facilitate the operations of associations and non-profit organisations on all levels; Suggests that where relevant, the Commission should complement the legislative acts called for in this report with guidelines to assist Member States in their implementation;
Amendment 58 #
Draft opinion Paragraph 7 7. Suggests that
Amendment 59 #
Draft opinion Paragraph 8 Amendment 6 #
Draft opinion Recital B B. NPOs play a central role in democracy by exercising public oversight over political power, articulating a
Amendment 60 #
Draft opinion Paragraph 8 8. Stresses that under no circumstances should the definition of minimum standards at Union level result in a lowering of standards in any Member State;
Amendment 61 #
Draft opinion Paragraph 8 8. Stresses that under no circumstances should the definition of minimum standards at Union level result in a lowering of standards in any Member State;
Amendment 62 #
Draft opinion Paragraph 8 a (new) 8 a. Maintains that Member States should not introduce or apply criminal law provisions restricting or otherwise adversely affecting the registration, operations, financing and cross-border movements of NPOs; is concerned in that respect by the interpretation of EU provisions in the field of migration in some Member States which lead to criminalisation of NPOs’ activities in the field of search and rescue and assisting asylum seekers;
Amendment 63 #
Draft opinion Paragraph 8 b (new) 8 b. Recognises the importance of compliance with national rules in the field of taxation and fight against money laundering; reminds nevertheless that such rules and transparency of funding in general cannot be abused to obstruct activities of NGOs and create a chilling effect affecting their members and donors;
Amendment 64 #
Draft opinion Paragraph 8 c (new) 8 c. Highlights that arbitrary and politically motivated discrimination based on the objectives and activities of organisations, as well as based on the sources of funding hinders the freedom of association and therefore is a threat to the freedom of expression; notes in this respect that creation and registration of NPOs at Union and national level must not be hindered by such discrimination;
Amendment 65 #
Draft opinion Paragraph 8 d (new) Amendment 66 #
Draft opinion Paragraph 8 e (new) 8 e. Asks the Commission to provide adequate and enabling funding for NPOs at Union level, and to facilitate NPOs’ access to such funding; calls in this respect for unlocking the full potential of the Citizens, Equality, Rights and Values programme and other sources of EU funding; underlines that funding should be made available at all levels, from local to Union level; notes that often funds available for NPOs require co- financing, which in turn mans that the beneficiary needs to raise a share of the required funds from other sources which can be detrimental to the organisation; therefore believes that the share of required co-financing should be limited and that different means need to be taken into account which could be monetarised such as volunteer time or contributions in kind;
Amendment 67 #
Draft opinion Paragraph 9 Amendment 68 #
Draft opinion Paragraph 9 9. Emphasises that national bodies designated for the
Amendment 69 #
Draft opinion Paragraph 9 9. Emphasises that national bodies designated for the oversight of NPOs must be legally distinct and functionally independent of their respective governments and of any other public or private body.
Amendment 7 #
Draft opinion Recital B B. NPOs play a central role in democracy by exercising public oversight over political power, articulating aspirations present in society, carrying out advocacy, contributing to informed policy- making and fostering active citizenship
Amendment 70 #
Draft opinion Paragraph 9 a (new) 9 a. Considers that the proposal should respect the diversity, plurality and independence of the NPO sector, not replace national frameworks but complement these by promoting civic participation at European level;
Amendment 71 #
Draft opinion Paragraph 10 Amendment 72 #
10.
Amendment 73 #
Draft opinion Paragraph 10 10. Calls
Amendment 74 #
Draft opinion Paragraph 10 10. Calls for the creation of a European Associations’ Authority, tasked with ensuring the implementation of the Statute for European Associations and monitoring the transposition of minimum rules for NPOs as called for in this report; suggests that it could also be the focal point for NPOs that report violations of the minimum standards and rights conferred upon NPOs by Union law; underlines the importance of transparency for this authority and its modus operandi;
Amendment 75 #
Draft opinion Paragraph 10 10. Calls for
Amendment 76 #
Draft opinion Paragraph 11 Amendment 77 #
Draft opinion Paragraph 11 11. Considers that the
Amendment 78 #
Draft opinion Paragraph 11 a (new) 11a. Underlines the importance of having a unified EU definition of 'public benefit', which would enable all NPOs operating under the statute equally to enjoy the concomitant advantages.
Amendment 79 #
Draft opinion Paragraph 11 a (new) 11 a. Call on the commission to start the process of investigating and designing a complete ban on third country funding of mosques;
Amendment 8 #
Draft opinion Recital B B. NPOs play a central role in democracy by exercising public oversight over political power, articulating aspirations present in society to policymakers, carrying out advocacy, contributing to informed policy-
Amendment 80 #
Draft opinion Paragraph 12 Amendment 81 #
Draft opinion Paragraph 12 12. Suggests the use of carefully calibrated definitions to clarify the meaning of key concepts that otherwise risk remaining too vague and
Amendment 9 #
Draft opinion Recital B B. Some NPOs play a central role in democracy by exercising public oversight over political power, articulating aspirations present in society, carrying out advocacy, contributing to informed policy- making and fostering active citizenship;
source: 699.072
2021/10/21
EMPL
56 amendments...
Amendment 1 #
Draft opinion Recital A A. whereas non-profit organisations (NPOs) are increasingly widespread across the Union; whereas there is not only one type of non-profit organisation but these organisations differ across the Member States in their status and include a wide range of entities, i.e. charitable organisations, organisations providing employment opportunities to persons with disabilities like sheltered workshops or social enterprises, or other organisations providing social services regardless their status of private or other than public organisation;
Amendment 10 #
Draft opinion Recital D a (new) D a. whereas NPOs have significant positive impact on the situation of persons coming from disadvantaged background, older people, persons with disabilities, single parents, big families or homeless people as they often provide help that is not available or is insufficient within the state system;
Amendment 11 #
Draft opinion Recital D a (new) D a. Whereas NPOs active in the fields of education, health, training and integration into the workforce are important to society;
Amendment 12 #
Draft opinion Recital D b (new) D b. whereas NPOs have a critical role for social cohesion and capital, promoting civic engagement, defending and promoting fundamental rights, cultural heritage, mutual understanding and common EU as well as national values and interests;
Amendment 13 #
Draft opinion Recital D c (new) D c. whereas grant-making NPOs have an impact as cross-border financial intermediaries;
Amendment 14 #
Draft opinion Recital D d (new) D d. whereas NPOs play an important role as social innovators with a critical impact on the daily lives of millions of citizens;
Amendment 15 #
Draft opinion Recital E E. whereas the great majority of NPO activities are domestic or local; whereas, however, an ever larger number of NPOs operate across borders, especially in border regions where thousands of NPOs are already active;
Amendment 16 #
Draft opinion Recital H Amendment 17 #
Draft opinion Recital J J. whereas, even though they are referred to in the Treaty on European Union and in the Treaty on the Functioning of the European Union as well as in numerous judgements of the Court of
Amendment 18 #
Draft opinion Recital J J. whereas
Amendment 19 #
Draft opinion Recital K Amendment 2 #
Draft opinion Recital A a (new) A a. Whereas the third sector, which comprises NPOs, plays an essential role in the development of societies at the social, environmental, cultural and even economic levels; highlighting the important role played by these organisations, particularly in remote areas such as the outermost regions, as natural partners of the regional and local authorities in affronting the limitations inherent in their remote nature;
Amendment 20 #
Draft opinion Recital K K. whereas since the 1990s, the
Amendment 21 #
Draft opinion Recital K a (new) Ka. Whereas, according to the study requested by the Committee on Legal Affairs1 a, it is not desirable to introduce a statute for European social economy organisations by means of a regulation, a directive being preferable for the creation of a European label; _________________ 1a PE 693.439
Amendment 22 #
Draft opinion Paragraph 1 Amendment 23 #
Draft opinion Paragraph 1 1. Calls for a legislative proposal establishing a legal statute for NPOs with cross-border activities, including a label or status for such organisations; believes that the scope of the legislative proposal should cover more than the classic non-profit sector, should focus on the aspect of the public interest purpose, should respect the principle of subsidiarity and the different practices in the Member States, and should including organisations in the so- called “third sector” or the social economy, even if not all are fully non-profit;
Amendment 24 #
Draft opinion Paragraph 1 1. Calls for a legislative proposal establishing a legal statute for NPOs with cross-border activities, including a label or status for such organisations; believes that
Amendment 25 #
Draft opinion Paragraph 1 a (new) 1 a. Calls for Member States to facilitate information, knowledge and best practices sharing among NPOs and to remove administrative barriers where possible for cross-border NPOs, thus improving collaboration for common projects;
Amendment 26 #
Draft opinion Paragraph 2 Amendment 27 #
Draft opinion Paragraph 2 – introductory part 2. Stresses that the legislative proposal should identify the requirements for the acquisition and maintenance of the label or status in accordance with national law, leaving Member States the freedom to provide for stricter or additional requirements that are proportional, and the label or status should be a status of national law, although with a Union (cross- border) value and, in particular, should be made available only to organisations that:
Amendment 28 #
Draft opinion Paragraph 2 – point a Amendment 29 #
Draft opinion Paragraph 2 – point b (b) exclusively pursue public benefit purposes, meaning that their activities directly or indirectly serve to exercise a public office, thereby contributing to fulfilling the common requirements of society and the individual;
Amendment 3 #
Draft opinion Recital B B.
Amendment 30 #
Draft opinion Paragraph 2 – point c (c) operate under an “asset-lock” regime, according to which
Amendment 31 #
Draft opinion Paragraph 2 – point d (d) are subject to specific governance and transparency obligations
Amendment 32 #
Draft opinion Paragraph 2 – point d (d) are subject to specific governance, responsibility and transparency obligations,
Amendment 33 #
Draft opinion Paragraph 3 a (new) Amendment 34 #
Draft opinion Paragraph 3 a (new) 3 a. Calls on the Commission and the Member States to provide information and guidance to the NPOs and other organisations that are willing to acquire a legal statute of European cross-border associations and non-profit organisations via single contact point;
Amendment 35 #
Draft opinion Paragraph 3 b (new) 3 b. Points out that the statute of European cross-border associations and non-profit organisations shall incorporate wider financial support to larger range of organisations;
Amendment 36 #
Draft opinion Paragraph 4 4. Points out that NPOs often provide employment opportunities for persons with disabilities and for older people, as well as for persons from other disadvantaged groups and those with a migrant background; emphasises that NPOs help to ensure that these target groups can continue to participate in and be included in society;
Amendment 37 #
Draft opinion Paragraph 4 4. Points out that NPOs often provide employment opportunities for persons with disabilities as well as for persons from other disadvantaged groups, enable learning and gaining skills to marginalised communities, provide valuable volunteering opportunities and fight against the extreme poverty and homelessness;
Amendment 38 #
Draft opinion Paragraph 4 4. Points out that NPOs often provide employment opportunities for persons with disabilities as well as for persons from
Amendment 39 #
Draft opinion Paragraph 4 4. Points out that NPOs often provide employment opportunities for persons with disabilities as well as for persons from other disadvantaged groups who are legally resident in the Union;
Amendment 4 #
Draft opinion Recital B B. whereas digitalisation, the ongoing global COVID-19 pandemic, inequalities, community development, especially in marginalised areas, social welfare and health services, the needs of persons with disabilities and the fight against poverty, social exclusion, including rejection of the older population, long-term unemployment, gender inequality and specific environmental tasks offer great potential for the activity of the NPOs;
Amendment 40 #
Draft opinion Paragraph 4 a (new) 4 a. Calls for up-to-date and reliable data, with harmonised criteria, on the activities of the third sector in the EU, especially those of NPOs, with regard in particular to job creation (at NUTS II level as a minimum);
Amendment 41 #
Draft opinion Paragraph 4 b (new) 4 b. Advocates that the registration of NPOs should not be hindered on account of their size, turnover or origin;
Amendment 42 #
Draft opinion Paragraph 4 c (new) 4 c. Urges Member States to allow the registration process for NPOs to be carried out digitally, and especially those based in remote territories, such as the outermost regions; Highlights the importance of making all information about the process of acquiring NPO status available online;
Amendment 43 #
Draft opinion Paragraph 5 Amendment 44 #
Draft opinion Paragraph 5 a (new) 5 a. Recalls the importance of NPOs in developing volunteer programmes, which enable young people to come into contact with different social realities and acquire important skills for their socio- professional integration;
Amendment 45 #
Draft opinion Paragraph 6 6. Points out that NPOs often have a strong local and regional basis, which gives them the advantage of being more aware of specific needs and
Amendment 46 #
Draft opinion Paragraph 6 6. Points out that NPOs often have a strong local and regional basis, which gives them the advantage of being more aware of specific local needs and of being able to offer the products and services required in the area, thus improving economic, social and territorial cohesion;
Amendment 47 #
Draft opinion Paragraph 6 a (new) 6a. Calls for respect for organisations from all political and cultural spheres in order to ensure a rich and pluralistic vision of society, while upholding the principles of neutrality and objectivity with regard to the recognition and granting of public utility status;
Amendment 48 #
Draft opinion Paragraph 6 a (new) 6a. Maintains that the acquisition of this status should not prevent NPOs from receiving support or protocols from national, regional or local authorities with a view to pursuing objectives in the collective interest;
Amendment 49 #
Draft opinion Paragraph 6 b (new) 6b. Stresses that the organisation's statutes must be able to freely establish the rules of conduct and signatory powers of its administrative and management bodies, in order to allow the organisation to adapt to the model that best enables it to achieve its social objectives;
Amendment 5 #
Draft opinion Recital C C. whereas the crisis arising from the COVID-19 pandemic has highlighted the important role of NPOs in ensuring social cohesion; whereas the demand for the services and activities provided by NPOs that increased during the pandemic will likely not fade out but will persist; whereas many NPOs had to increase their capacities during the COVID-19 pandemic and there is a need for sustaining this widened capacity;
Amendment 50 #
Draft opinion Paragraph 6 b (new) 6 b. Stresses that the acquisition of this status should not add excessive bureaucracy or additional financial burdens for NPOs with limited human and financial resources, or create obstacles to the pursuit of their activities;
Amendment 51 #
Draft opinion Paragraph 6 c (new) Amendment 52 #
Draft opinion Paragraph 7 7. Points out that regulation of NPOs, that respect the principle of subsidiarity and the different practices in Member States, would bring significant social and economic benefits, for example by favouring actors that are able to promote good and stable jobs, even in times of economic crisis, and facilitating the ability of national NPOs to carry out cross-border activities
Amendment 53 #
Draft opinion Paragraph 7 a (new) 7a. Proposes, in order to ensure the social fairness of NPOs, that Member States should determine the situation regarding the liability of the organisation's directors vis-à-vis third parties, which in turn should be reflected in the organisation's statutes;
Amendment 54 #
Draft opinion Paragraph 7 b (new) 7b. Calls, with regard to the involuntary dissolution of the organisation, where applicable, for the requirement of a decision of a court of the Member State in which the organisation's governing body is located;
Amendment 55 #
Draft opinion Paragraph 7 c (new) 7c. Requests, in order to strengthen the cohesion of the organisation in the pursuit of its objectives that, for members to be able to participate as full members of the organisation, it be permissible for its statutes to require that members' aims be aligned with those of the organisation and that refusal of membership not necessarily be deemed to be discriminatory;
Amendment 56 #
Draft opinion Paragraph 7 d (new) 7d. Calls for NPOs that promote the protection of the family, youth, the elderly and persons with disabilities to be considered to be of public utility;
Amendment 6 #
Draft opinion Recital C a (new) C a. Whereas third-sector organisations are relevant in the area of health, particularly those active in the prevention and early detection of diseases, especially in remote, island and archipelagic regions with correspondingly vulnerable health systems;
Amendment 7 #
Draft opinion Recital C b (new) C b. Whereas, despite the important role they play in society, NPOs often face financial instability in pursuing their activities;
Amendment 8 #
Draft opinion Recital D D. whereas the NPOs have a great potential for service delivery, civic participation, inclusion, and social innovation;
Amendment 9 #
Draft opinion Recital D a (new) source: 699.088
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