2020/2026(INL) A statute for European cross-border associations and non-profit organisations
Lead committee dossier:
Progress: Procedure completed
| 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
2022/02/17
EP - Text adopted by Parliament, single reading
Documents
2022/02/17
EP - Decision by Parliament
Documents
2022/02/15
EP - Debate in Parliament
Documents
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
- Text adopted by Parliament, single reading: T9-0044/2022
- Decision by Parliament: T9-0044/2022
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary: A9-0007/2022
- Committee opinion: PE697.637
- Amendments tabled in committee: PE699.025
- Committee draft report: PE697.560
- Committee draft report: PE697.560
- Amendments tabled in committee: PE699.025
- Committee opinion: PE697.637
- Text adopted by Parliament, single reading: T9-0044/2022
Activities
- Sergey LAGODINSKY
Plenary Speeches (2)
- Michal ŠIMEČKA
Plenary Speeches (2)
- Angel DZHAMBAZKI
Plenary Speeches (1)
- Ilhan KYUCHYUK
Plenary Speeches (1)
- Gilles LEBRETON
Plenary Speeches (1)
- Antonius MANDERS
Plenary Speeches (1)
- Jiří POSPÍŠIL
Plenary Speeches (1)
- Patrizia TOIA
Plenary Speeches (1)
- Pernando BARRENA ARZA
Plenary Speeches (1)
- Gunnar BECK
Plenary Speeches (1)
- Nacho SÁNCHEZ AMOR
Plenary Speeches (1)
- Anna Júlia DONÁTH
Plenary Speeches (1)
- Ibán GARCÍA DEL BLANCO
Plenary Speeches (1)
- Bettina VOLLATH
Plenary Speeches (1)
- Ernő SCHALLER-BAROSS
Plenary Speeches (1)
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
NI
The LeftA9-0007/2022 - Sergey Lagodinsky - Après le § 8 - Am 2 #
2022/02/16 Outcome: -: 539, +: 144, 0: 10
A9-0007/2022 - Sergey Lagodinsky - Annexe, partie I, article 5 #
2022/02/16 Outcome: +: 538, -: 153, 0: 5
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
| 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
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. __________________ 1a SOC/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) 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 #
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