BETA


2020/2026(INL) A statute for European cross-border associations and non-profit organisations

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead JURI LAGODINSKY Sergey (icon: Verts/ALE Verts/ALE) POSPÍŠIL Jiří (icon: EPP EPP), SÁNCHEZ AMOR Nacho (icon: S&D S&D), KYUCHYUK Ilhan (icon: Renew Renew), BECK Gunnar (icon: ID ID), STANCANELLI Raffaele (icon: ECR ECR), AUBRY Manon (icon: GUE/NGL GUE/NGL)
Committee Opinion EMPL
Committee Opinion LIBE DONÁTH Anna Júlia (icon: Renew Renew) Sergey LAGODINSKY (icon: Verts/ALE Verts/ALE), Pernando BARRENA ARZA (icon: GUE/NGL GUE/NGL), Jorge BUXADÉ VILLALBA (icon: ECR ECR), Vasile BLAGA (icon: PPE PPE)
Lead committee dossier:
Legal Basis:
RoP 47

Events

2022/02/17
   EP - Decision by Parliament
Details

The European Parliament adopted by 530 votes to 146, with 15 abstentions, a resolution containing recommendations to the Commission on a statute for cross-border European associations and non-profit organisations.

Non-profit organisations are fundamental in representing the interests of citizens and civil society, including providing services in often unprofitable areas of the social sector, promoting participation in social life and defending minority rights. The COVID-19 crisis has highlighted their essential role in helping citizens to address the many challenges they face, thereby ensuring social cohesion.

Current situation

Although they are increasingly numerous in the EU, non-profit organisations do not have an EU-wide legal form to put the representation of civil society interests on an equal footing with commercial undertakings and economic interest groups that have long enjoyed an EU-wide legal form. A European statute for associations should be available to organisations and individuals who wish to engage in cross-border exchange and mutual learning.

Members regretted that the Commission and Member States have not presented legislation to ensure a favourable environment for non-profit organisations to contribute to the functioning of the internal market and to guarantee the free flow of capital across borders, and that no European statute of association has been established despite several attempts and numerous calls from civil society and Parliament.

In this context, Parliament called on 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 setting out the conditions and procedures governing the creation, governance, registration and regulation of legal entities in the form of a European association;

- submit, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a proposal for a Directive on common minimum standards for non-profit organisations in the Union , with a view to creating a level playing field for non-profit organisations by establishing minimum standards, enabling civil society to benefit from freedoms and fundamental rights, as well as to contributing to strengthening European democracy.

Protection of civil society and freedom of association

Parliament is concerned about the obstacles faced by non-profit organisations across the EU and the disparities resulting from national laws, regulations or administrative practices or policies. It stressed that this could have a negative impact on civil society, restrict fundamental rights, in particular freedom of association, expression and information, and discourage non-profit organisations from expanding their activities across borders.

The resolution stressed the importance of ensuring coordination at EU level, avoiding fragmentation and supporting a harmonised approach across the EU with regard to the European association, through a designated European Associations Board . To this end, the Commission is called on to examine the different options and to present a proposal for the most appropriate form and status for such European Associations Board, in which all Member States will be represented and which will have well-defined decision-making powers.

Members also considered that the establishment of a European Statute for Association should be open to organisations and persons that want to engage in exchanges and mutual learning across borders. It will provide them with support in accessing EU funding.

Stressing that non-profit organisations are essential to democracy and policy-making at all levels, the resolution stressed the importance of the independence of non-profit organisations and the need to ensure an enabling environment for them, respecting their plurality, understanding organisations for the public benefit as contributing to both providing services on the ground, but also advocating for the public good and monitoring public policies.

Members also argued that a regulation setting out the legal framework will only benefit European civil society if non-profit organisations can make use of adequate and easily accessible funding both at national and at European level. They recalled in this respect the existence of the ‘Citizens, Equality, Rights and Values’ programme and underlined that, according to the Regulation on the financial rules applicable to the general budget of the Union, Union grants must involve co-financing which may be provided in the form of own funds, income generated by the action or work programme, or financial or in-kind contributions from third parties.

EU-wide recognition of associations, non-profit organisations and their public benefit

Underlining the consensus on the need for European minimum standards and for non-profit organisations to acquire legal personality, Parliament called on the Commission to:

- recognise and promote the public benefit activities of non-profit organisations by harmonising the status of public benefit within the EU;

- consider adopting a legislative proposal to facilitate the mutual recognition of tax-exempt public benefit organisations, including philanthropic organisations, in each Member State, if they are recognised as such for tax purposes in one of the Member States;

- develop a dedicated and comprehensive strategy to strengthen the role of civil society in the Union, including the introduction of measures to facilitate the operations of non-profit organisations at all levels.

Documents
2022/02/15
   EP - Debate in Parliament
2022/01/19
   EP - Committee report tabled for plenary
Details

The Legal Affairs Committee adopted a legislative initiative report by Sergey LAGODINSKI (Greens/EFA, DE) containing recommendations to the Commission on a statute for cross-border European associations and non-profit organisations.

While businesses and economic interest groups have the possibility to form a European Economic Interest Grouping, Members believe that a European statute for associations should be available to organisations and individuals who wish to engage in cross-border exchanges and mutual learning.

Moreover, many non-profit organisations are currently engaged in economic activities on a regular basis and play an essential role in encouraging individuals to participate actively in democratic life. Although their number is increasing in the EU, there is no harmonised legislative framework at European level to enable cross-border non-profit organisations to operate and organise themselves properly at cross-border level.

Members regretted that the Commission and Member States have not presented legislation to ensure a favourable environment for non-profit organisations to contribute to the functioning of the internal market and to guarantee the free flow of capital across borders, and that no European statute of association has been established despite several attempts and numerous calls from civil society and Parliament.

In this context, the Committee on Legal Affairs asked 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 setting out the conditions and procedures governing the creation, governance, registration and regulation of legal entities in the form of a European association;

- submit, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a proposal for a Directive on common minimum standards for non-profit organisations in the Union , with a view to creating a level playing field for non-profit organisations by establishing minimum standards, enabling civil society to benefit from freedoms and fundamental rights, as well as to contributing to strengthening European democracy.

Protection of civil society and freedom of association

The report stressed the importance of ensuring coordination at EU level, avoiding fragmentation and supporting a harmonised approach across the EU with regard to the European association, through a designated European Associations Board . To this end, the Commission is called on to examine the different options and to present a proposal for the most appropriate form and status for such European Associations Board, in which all Member States will be represented and which will have well-defined decision-making powers.

Members also considered that the establishment of a European Statute for Association should be open to organisations and persons that want to engage in exchanges and mutual learning across borders. It will provide them with support in accessing EU funding.

Stressing that non-profit organisations are essential to democracy and policy-making at all levels, the report stressed the importance of the independence of non-profit organisations and the need to ensure an enabling environment for them, respecting their plurality, understanding organisations for the public benefit as contributing to both providing services on the ground, but also advocating for the public good and monitoring public policies.

Members also argued that a regulation setting out the legal framework will only benefit European civil society if non-profit organisations can make use of adequate and easily accessible funding both at national and at European level.

EU-wide recognition of associations, non-profit organisations and their public benefit

Underlining the consensus on the need for European minimum standards and for non-profit organisations to acquire legal personality, Members called on the Commission to recognise and promote the public benefit activities of non-profit organisations by harmonising the status of public benefit within the EU .

The Commission is urged to:

- consider adopting a legislative proposal to facilitate the mutual recognition of tax-exempt public benefit organisations, including philanthropic organisations, in each Member State, if they are recognised as such for tax purposes in one of the Member States;

- develop a dedicated and comprehensive strategy to strengthen the role of civil society in the Union, including the introduction of measures to facilitate the operations of non-profit organisations at all levels.

Documents
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

Activities

Votes

Un statut pour les associations et organisations à but non lucratif européennes transfrontalières - A statute for European cross-border associations and non-profit organisations - Ein Statut für länderübergreifende Europäische Vereinigungen und gemeinnützige Organisationen - A9-0007/2022 - Sergey Lagodinsky - Après le § 8 - Am 1 #

2022/02/16 Outcome: -: 541, +: 141, 0: 11
PL HU LV EE MT CY LU HR LT SK SI CZ FI IT BE IE DK BG AT EL NL SE PT RO FR ES DE
Total
51
17
7
7
5
6
6
12
11
13
8
21
14
75
20
13
14
17
19
19
29
21
21
33
79
59
96
icon: ID ID
64

Estonia ID

For (1)

1

Czechia ID

2

Finland ID

2

Denmark ID

For (1)

1
3

Netherlands ID

1
icon: ECR ECR
64

Latvia ECR

For (1)

Against (1)

2

Croatia ECR

1

Lithuania ECR

1

Slovakia ECR

Abstain (1)

1

Bulgaria ECR

2

Greece ECR

1
3

Romania ECR

1

Germany ECR

1
icon: NI NI
36

Croatia NI

2

Lithuania NI

Abstain (1)

1

Slovakia NI

2

Greece NI

Against (1)

2

Germany NI

For (1)

3
icon: The Left The Left
39

Cyprus The Left

2

Czechia The Left

Against (1)

1

Finland The Left

Against (1)

1

Belgium The Left

Against (1)

1

Ireland The Left

4

Denmark The Left

Against (1)

1

Netherlands The Left

Against (1)

1

Sweden The Left

Against (1)

1
icon: Verts/ALE Verts/ALE
72

Poland Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1

Lithuania Verts/ALE

2

Czechia Verts/ALE

3

Finland Verts/ALE

3

Belgium Verts/ALE

2

Ireland Verts/ALE

2

Denmark Verts/ALE

2

Austria Verts/ALE

3

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

Against (1)

1

Spain Verts/ALE

3
icon: Renew Renew
101

Poland Renew

1

Hungary Renew

2

Latvia Renew

Against (1)

1

Estonia Renew

3

Luxembourg Renew

2

Croatia Renew

Against (1)

1

Lithuania Renew

Against (1)

1

Slovenia Renew

2

Finland Renew

3

Italy Renew

3

Ireland Renew

For (1)

Against (1)

2

Bulgaria Renew

3

Austria Renew

Against (1)

1

Sweden Renew

3
icon: S&D S&D
142

Latvia S&D

Against (1)

1

Estonia S&D

2

Cyprus S&D

2

Luxembourg S&D

Against (1)

1

Lithuania S&D

2

Slovakia S&D

2

Slovenia S&D

Against (2)

2

Czechia S&D

Against (1)

1

Finland S&D

2

Belgium S&D

3

Greece S&D

2
icon: PPE PPE
175

Latvia PPE

2

Estonia PPE

Against (1)

1

Malta PPE

Against (1)

1

Cyprus PPE

2

Luxembourg PPE

2

Slovenia PPE

4

Denmark PPE

Against (1)

1

A9-0007/2022 - Sergey Lagodinsky - Après le § 8 - Am 2 #

2022/02/16 Outcome: -: 539, +: 144, 0: 10
PL HU LV EE MT CY LU LT HR SK SI CZ IT FI BE IE DK BG AT EL NL SE PT RO FR ES DE
Total
51
17
7
7
5
5
6
11
12
13
8
21
76
14
20
13
14
17
19
19
29
21
21
33
79
59
96
icon: ID ID
65

Estonia ID

For (1)

1

Czechia ID

2

Finland ID

2

Denmark ID

For (1)

1
3

Netherlands ID

1
icon: ECR ECR
64

Latvia ECR

For (1)

Against (1)

2

Lithuania ECR

1

Croatia ECR

1

Slovakia ECR

Abstain (1)

1

Bulgaria ECR

2

Greece ECR

1
3

Romania ECR

1

Germany ECR

1
icon: NI NI
36

Lithuania NI

1

Croatia NI

2

Slovakia NI

2

Greece NI

Against (1)

2

Germany NI

For (1)

3
icon: The Left The Left
39

Cyprus The Left

2

Czechia The Left

Against (1)

1

Finland The Left

Against (1)

1

Belgium The Left

Against (1)

1

Ireland The Left

4

Denmark The Left

Against (1)

1

Netherlands The Left

Against (1)

1

Sweden The Left

Against (1)

1
icon: Verts/ALE Verts/ALE
72

Poland Verts/ALE

Against (1)

1

Latvia Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1

Lithuania Verts/ALE

2

Czechia Verts/ALE

3

Finland Verts/ALE

3

Belgium Verts/ALE

2

Ireland Verts/ALE

2

Denmark Verts/ALE

2

Austria Verts/ALE

3

Netherlands Verts/ALE

3

Sweden Verts/ALE

3

Portugal Verts/ALE

Against (1)

1

Spain Verts/ALE

3
icon: Renew Renew
101

Poland Renew

1

Hungary Renew

2

Latvia Renew

Against (1)

1

Estonia Renew

3

Luxembourg Renew

2

Lithuania Renew

Against (1)

1

Croatia Renew

Against (1)

1

Slovenia Renew

2

Italy Renew

3

Finland Renew

3

Ireland Renew

For (1)

Against (1)

2

Bulgaria Renew

3

Austria Renew

Against (1)

1

Sweden Renew

3
icon: S&D S&D
141

Latvia S&D

Against (1)

1

Estonia S&D

2

Cyprus S&D

Against (1)

1

Luxembourg S&D

Against (1)

1

Lithuania S&D

2

Slovakia S&D

2

Slovenia S&D

Against (2)

2

Czechia S&D

Against (1)

1

Finland S&D

2

Belgium S&D

3

Greece S&D

2
icon: PPE PPE
175

Latvia PPE

2

Estonia PPE

Against (1)

1

Malta PPE

Against (1)

1

Cyprus PPE

2

Luxembourg PPE

2

Slovenia PPE

4

Denmark PPE

Against (1)

1

A9-0007/2022 - Sergey Lagodinsky - Annexe, partie I, article 5 #

2022/02/16 Outcome: +: 538, -: 153, 0: 5
DE ES FR RO NL PT SE BG AT IE DK EL IT FI LT BE SI HR CZ SK CY LU MT EE LV HU PL
Total
96
59
79
33
29
21
21
17
19
13
14
21
76
14
11
20
8
12
21
13
6
6
5
7
7
17
51
icon: PPE PPE
175

Denmark PPE

For (1)

1
2

Luxembourg PPE

2

Malta PPE

For (1)

1

Estonia PPE

For (1)

1

Latvia PPE

2
icon: S&D S&D
142

Greece S&D

2

Lithuania S&D

2

Slovenia S&D

2

Czechia S&D

For (1)

1

Slovakia S&D

2

Cyprus S&D

2

Luxembourg S&D

For (1)

1

Estonia S&D

2

Latvia S&D

For (1)

1
icon: Renew Renew
101
3

Austria Renew

For (1)

1

Ireland Renew

2

Italy Renew

3

Finland Renew

3

Lithuania Renew

1

Slovenia Renew

2

Croatia Renew

For (1)

1

Luxembourg Renew

2

Estonia Renew

3

Latvia Renew

For (1)

1

Hungary Renew

2

Poland Renew

1
icon: Verts/ALE Verts/ALE
72

Spain Verts/ALE

3

Netherlands Verts/ALE

3

Portugal Verts/ALE

1

Sweden Verts/ALE

3

Austria Verts/ALE

3

Ireland Verts/ALE

2

Denmark Verts/ALE

2

Finland Verts/ALE

3

Lithuania Verts/ALE

2

Belgium Verts/ALE

2

Czechia Verts/ALE

3

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Poland Verts/ALE

For (1)

1
icon: The Left The Left
39

Netherlands The Left

For (1)

1

Portugal The Left

4

Sweden The Left

For (1)

1

Ireland The Left

Abstain (1)

4

Denmark The Left

1

Finland The Left

For (1)

1

Belgium The Left

For (1)

1

Czechia The Left

Abstain (1)

1

Cyprus The Left

2
icon: NI NI
38

Germany NI

Against (1)

3

Lithuania NI

1

Croatia NI

2

Slovakia NI

2
icon: ECR ECR
64

Germany ECR

Against (1)

1

Romania ECR

Against (1)

1
3

Bulgaria ECR

2

Greece ECR

Against (1)

1

Lithuania ECR

Against (1)

1

Croatia ECR

Against (1)

1

Slovakia ECR

Against (1)

1

Latvia ECR

2
icon: ID ID
65

Netherlands ID

Against (1)

1

Austria ID

3

Denmark ID

Against (1)

1

Finland ID

2

Czechia ID

Against (2)

2

Estonia ID

Against (1)

1

Un statut pour les associations et organisations à but non lucratif européennes transfrontalières - A statute for European cross-border associations and non-profit organisations - Ein Statut für länderübergreifende Europäische Vereinigungen und gemeinnützige Organisationen - A9-0007/2022 - Sergey Lagodinsky - Proposition de résolution (ensemble du texte) #

2022/02/16 Outcome: +: 530, -: 146, 0: 15
DE ES FR RO IT PT NL BG AT EL IE DK FI SE HR LT BE SI SK CZ CY LU MT LV EE PL HU
Total
94
59
77
33
76
21
29
17
19
20
12
14
13
21
12
10
20
8
13
19
6
6
5
8
7
52
20
icon: PPE PPE
173

Denmark PPE

For (1)

1
2

Luxembourg PPE

2

Malta PPE

For (1)

1

Latvia PPE

2

Estonia PPE

For (1)

1
icon: S&D S&D
142

Greece S&D

For (1)

1

Lithuania S&D

2

Slovenia S&D

2

Slovakia S&D

2

Czechia S&D

For (1)

1

Cyprus S&D

2

Luxembourg S&D

For (1)

1

Latvia S&D

2

Estonia S&D

2
icon: Renew Renew
101

Italy Renew

3

Austria Renew

For (1)

1

Ireland Renew

2

Finland Renew

3
3

Croatia Renew

For (1)

1

Lithuania Renew

1

Slovenia Renew

2

Luxembourg Renew

2

Latvia Renew

For (1)

1

Estonia Renew

3

Poland Renew

1

Hungary Renew

2
icon: Verts/ALE Verts/ALE
71

Spain Verts/ALE

3

Portugal Verts/ALE

1

Netherlands Verts/ALE

Against (1)

3

Austria Verts/ALE

3

Ireland Verts/ALE

2

Denmark Verts/ALE

2

Finland Verts/ALE

3

Sweden Verts/ALE

3

Lithuania Verts/ALE

For (1)

1

Belgium Verts/ALE

2

Czechia Verts/ALE

3

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Poland Verts/ALE

For (1)

1
icon: The Left The Left
37

Portugal The Left

4

Netherlands The Left

For (1)

1

Ireland The Left

3

Denmark The Left

1

Finland The Left

For (1)

1

Sweden The Left

For (1)

1

Belgium The Left

For (1)

1

Cyprus The Left

2
icon: NI NI
40

Germany NI

Against (1)

2

Croatia NI

Against (1)

2

Lithuania NI

1

Slovakia NI

2
icon: ECR ECR
64

Germany ECR

Against (1)

1

Romania ECR

Against (1)

1

Bulgaria ECR

2

Greece ECR

Against (1)

1
3

Croatia ECR

Against (1)

1

Lithuania ECR

Against (1)

1

Slovakia ECR

Against (1)

1

Latvia ECR

Against (1)

Abstain (1)

2
icon: ID ID
63

Netherlands ID

Against (1)

1

Austria ID

3

Denmark ID

Against (1)

1

Finland ID

Against (1)

1

Czechia ID

Against (2)

2

Estonia ID

Against (1)

1
AmendmentsDossier
556 2020/2026(INL)
2021/10/12 JURI 419 amendments...
source: 699.025
2021/10/18 LIBE 81 amendments...
source: 699.072
2021/10/21 EMPL 56 amendments...
source: 699.088

History

(these mark the time of scraping, not the official date of the change)

docs/3
date
2022-02-17T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0044_EN.html title: T9-0044/2022
type
Text adopted by Parliament, single reading
body
EP
events/4/summary
  • The European Parliament adopted by 530 votes to 146, with 15 abstentions, a resolution containing recommendations to the Commission on a statute for cross-border European associations and non-profit organisations.
  • Non-profit organisations are fundamental in representing the interests of citizens and civil society, including providing services in often unprofitable areas of the social sector, promoting participation in social life and defending minority rights. The COVID-19 crisis has highlighted their essential role in helping citizens to address the many challenges they face, thereby ensuring social cohesion.
  • Current situation
  • Although they are increasingly numerous in the EU, non-profit organisations do not have an EU-wide legal form to put the representation of civil society interests on an equal footing with commercial undertakings and economic interest groups that have long enjoyed an EU-wide legal form. A European statute for associations should be available to organisations and individuals who wish to engage in cross-border exchange and mutual learning.
  • Members regretted that the Commission and Member States have not presented legislation to ensure a favourable environment for non-profit organisations to contribute to the functioning of the internal market and to guarantee the free flow of capital across borders, and that no European statute of association has been established despite several attempts and numerous calls from civil society and Parliament.
  • In this context, Parliament called on 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 setting out the conditions and procedures governing the creation, governance, registration and regulation of legal entities in the form of a European association;
  • - submit, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a proposal for a Directive on common minimum standards for non-profit organisations in the Union , with a view to creating a level playing field for non-profit organisations by establishing minimum standards, enabling civil society to benefit from freedoms and fundamental rights, as well as to contributing to strengthening European democracy.
  • Protection of civil society and freedom of association
  • Parliament is concerned about the obstacles faced by non-profit organisations across the EU and the disparities resulting from national laws, regulations or administrative practices or policies. It stressed that this could have a negative impact on civil society, restrict fundamental rights, in particular freedom of association, expression and information, and discourage non-profit organisations from expanding their activities across borders.
  • The resolution stressed the importance of ensuring coordination at EU level, avoiding fragmentation and supporting a harmonised approach across the EU with regard to the European association, through a designated European Associations Board . To this end, the Commission is called on to examine the different options and to present a proposal for the most appropriate form and status for such European Associations Board, in which all Member States will be represented and which will have well-defined decision-making powers.
  • Members also considered that the establishment of a European Statute for Association should be open to organisations and persons that want to engage in exchanges and mutual learning across borders. It will provide them with support in accessing EU funding.
  • Stressing that non-profit organisations are essential to democracy and policy-making at all levels, the resolution stressed the importance of the independence of non-profit organisations and the need to ensure an enabling environment for them, respecting their plurality, understanding organisations for the public benefit as contributing to both providing services on the ground, but also advocating for the public good and monitoring public policies.
  • Members also argued that a regulation setting out the legal framework will only benefit European civil society if non-profit organisations can make use of adequate and easily accessible funding both at national and at European level. They recalled in this respect the existence of the ‘Citizens, Equality, Rights and Values’ programme and underlined that, according to the Regulation on the financial rules applicable to the general budget of the Union, Union grants must involve co-financing which may be provided in the form of own funds, income generated by the action or work programme, or financial or in-kind contributions from third parties.
  • EU-wide recognition of associations, non-profit organisations and their public benefit
  • Underlining the consensus on the need for European minimum standards and for non-profit organisations to acquire legal personality, Parliament called on the Commission to:
  • - recognise and promote the public benefit activities of non-profit organisations by harmonising the status of public benefit within the EU;
  • - consider adopting a legislative proposal to facilitate the mutual recognition of tax-exempt public benefit organisations, including philanthropic organisations, in each Member State, if they are recognised as such for tax purposes in one of the Member States;
  • - develop a dedicated and comprehensive strategy to strengthen the role of civil society in the Union, including the introduction of measures to facilitate the operations of non-profit organisations at all levels.
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  • The Legal Affairs Committee adopted a legislative initiative report by Sergey LAGODINSKI (Greens/EFA, DE) containing recommendations to the Commission on a statute for cross-border European associations and non-profit organisations.
  • While businesses and economic interest groups have the possibility to form a European Economic Interest Grouping, Members believe that a European statute for associations should be available to organisations and individuals who wish to engage in cross-border exchanges and mutual learning.
  • Moreover, many non-profit organisations are currently engaged in economic activities on a regular basis and play an essential role in encouraging individuals to participate actively in democratic life. Although their number is increasing in the EU, there is no harmonised legislative framework at European level to enable cross-border non-profit organisations to operate and organise themselves properly at cross-border level.
  • Members regretted that the Commission and Member States have not presented legislation to ensure a favourable environment for non-profit organisations to contribute to the functioning of the internal market and to guarantee the free flow of capital across borders, and that no European statute of association has been established despite several attempts and numerous calls from civil society and Parliament.
  • In this context, the Committee on Legal Affairs asked 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 setting out the conditions and procedures governing the creation, governance, registration and regulation of legal entities in the form of a European association;
  • - submit, on the basis of Article 114 of the Treaty on the Functioning of the European Union, a proposal for a Directive on common minimum standards for non-profit organisations in the Union , with a view to creating a level playing field for non-profit organisations by establishing minimum standards, enabling civil society to benefit from freedoms and fundamental rights, as well as to contributing to strengthening European democracy.
  • Protection of civil society and freedom of association
  • The report stressed the importance of ensuring coordination at EU level, avoiding fragmentation and supporting a harmonised approach across the EU with regard to the European association, through a designated European Associations Board . To this end, the Commission is called on to examine the different options and to present a proposal for the most appropriate form and status for such European Associations Board, in which all Member States will be represented and which will have well-defined decision-making powers.
  • Members also considered that the establishment of a European Statute for Association should be open to organisations and persons that want to engage in exchanges and mutual learning across borders. It will provide them with support in accessing EU funding.
  • Stressing that non-profit organisations are essential to democracy and policy-making at all levels, the report stressed the importance of the independence of non-profit organisations and the need to ensure an enabling environment for them, respecting their plurality, understanding organisations for the public benefit as contributing to both providing services on the ground, but also advocating for the public good and monitoring public policies.
  • Members also argued that a regulation setting out the legal framework will only benefit European civil society if non-profit organisations can make use of adequate and easily accessible funding both at national and at European level.
  • EU-wide recognition of associations, non-profit organisations and their public benefit
  • Underlining the consensus on the need for European minimum standards and for non-profit organisations to acquire legal personality, Members called on the Commission to recognise and promote the public benefit activities of non-profit organisations by harmonising the status of public benefit within the EU .
  • The Commission is urged to:
  • - consider adopting a legislative proposal to facilitate the mutual recognition of tax-exempt public benefit organisations, including philanthropic organisations, in each Member State, if they are recognised as such for tax purposes in one of the Member States;
  • - develop a dedicated and comprehensive strategy to strengthen the role of civil society in the Union, including the introduction of measures to facilitate the operations of non-profit organisations at all levels.
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