2020/2026(INL) | [ParlTrack]

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 ~~common measures for NPOs in the EU, creating a level playing field for associations and NPOs by establishing~~ minimum standards, fo~~llowing the recommendations set out in this motion, and Annex I hereto~~r NPOs in the EU;

Amendment 102 #

Gilles LEBRETON, Jean-Paul GARRAUD, Alessandra BASSO

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~~easures for NPO~~inimum standards for non- profit organisations in the EUnion, creating a level playing field for associations and NPOs by establishing minimum standards, enabling civil society to benefit from freedoms, fundamental rights, as well as to contribute to strengthening European democracy, following the recommendations set out in this motion, and Annex Part II hereto;

Amendment 103 #

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 II hereto;deleted

Amendment 104 #

Motion for a resolution
Paragraph 20

Amendment 105 #

Motion for a resolution
Annex I – Part I

~~PART I [...]~~deleted

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 relevance which benefit the general interest in numerous fields.

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 ~~play a significant role in the economy and in the development of the internal market, by~~also engag~~ing~~e on a regular basis in economic activity.

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

~~C. whereas European democracy depends on civil society being able to function freely and across borders;~~deleted

Amendment 110 #

Motion for a resolution
Annex I – Part I – 5

(5) Associations play a key role in ~~help~~encouraging and e~~ncourag~~mpowering individuals to actively participate in the democratic life of the Union, particularly those that are furthest away facing exclusion and discrimination.

Amendment 111 #

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 life of the Union and can play a crucial part in the process of developing Union policies.

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

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 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 international and Union law. Therefore, Member States cannot apply unreasonable, overly intrusive or disruptive measures, ~~including reporting requirements~~ placing an excessive or costly burden on organisations. __________________ 1 Judgment of the Court of Justice of 18 June 2020, European Commission v Hungary, C-78/18, ECLI:EU:C:2020:476.

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 cooperation (EGTC). Such groupings are formed mostly by state or local authorities or other entities governed by public law. Thus, ~~non-governmental~~ civil society actors and citizens are not covered. __________________ 5 Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) (OJ L 210, 31.7.2006, p. 19).

Amendment 118 #

Motion for a resolution
Annex – Part I – recital 11

(11) The European Economic Interest Grouping (EEIG), as provided for in Regulation (EEC) No 2137/856 , does allow certain activities to be carried out in common, while nevertheless preserving the independence of its members. However, the EEIG does not meet the specific needs of civil society associations and does not provide for legal personality separate from its members. __________________ 6 Council Regulation (EEC) No 2137/85 of 25 July 1985 on the European Economic Interest Grouping (EEIG) (OJ L 199, 31.7.1985, p. 1).

Amendment 119 #

Motion for a resolution
Annex – Part I – recital 12

(12) It is therefore necessary to establish at Union level an appropriate ~~and rules~~harmonised regulatory framework which will permit the creation of European associations and the cross-border organisation and operation of such associations.

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 ~~formation, governance, registration and regul~~establishment and operation of legal entities in the form of a European Association.

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 ~~or legal~~ persons for ~~a common~~legal non-profit ~~purpose~~entities.

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 ~~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 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 ~~more than one Member State~~at least 3 Member States if they are legal entities or from at least 20 if they are natural persons;

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

ARules applicable ~~law~~to European Associations

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 ~~supervisory~~associations authority

Amendment 139 #

Motion for a resolution
Annex – Part I – Article 4 – title

National ~~supervisory authorit~~registration body

Amendment 14 #

Motion for a resolution
Recital C

C. whereas European democracy implies, inter alia, dependsing on civil society being able to function freely and across borders;

Amendment 140 #

Motion for a resolution
Annex – Part I – Article 4 – paragraph 1

1. Member States shall ~~designate an independent public authority (the 'supervisory authority') to be responsible for~~ monitor~~ing~~ the application of this Regulation in order to protect the fundamental rights and freedoms of European Associations while acting across borders.

Amendment 141 #

Motion for a resolution
Annex – Part I – Article 4 – paragraph 1

1. Member States shall designate an independent public authority (the ‘~~supervisory authorit~~registration body’) to be responsible for monitoring the application of this Regulation ~~in order to protect~~throughout the Union in full compliance with the fundamental rights and freedoms of European Associations while acting across borders.

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, within the ~~framework of the European Associations Authority~~help of the Commission, in accordance with Articles 5 and 22 of this Regulation.

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 144 #

Motion for a resolution
Annex – Part I – Article 5

~~[...]~~deleted

Amendment 145 #

Motion for a resolution
Annex – Part I – Article 5

~~[...]~~deleted

Amendment 146 #

Motion for a resolution
Annex – Part I – Article 5

~~[...]~~deleted

Amendment 147 #

Motion for a resolution
Annex – Part I – Article 5 – title

European Associations ~~Authorit~~Body

Amendment 148 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 1

~~1. A European Associations Authority () shall hereby be establish~~deleted.

Amendment 149 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 1

1. A European Associations Authority () shall hereby be des~~tablished~~ignated under the auspices of the European Commission or the Fundamental Rights Agency.

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

~~2. The European Associations Authority shall be established as a body of the Union and shall have legal personality.~~deleted

Amendment 151 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 2

2. The European Associations Authority shall be des~~tablish~~ignated as a body of the Union and shall have legal personality.

Amendment 152 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 3

~~3. The European Associations Authority shall be represented by a Chair and shall be assisted by a Secretariat.~~deleted

Amendment 153 #

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, two members representing European civil society, and two members representing academia. Where more than one supervisory authority is responsible in a Member State for supervising the application of this Regulation, a joint representative shall be appointed in accordance with that Member State’s law.deleted

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~~, two members representing European civil society, and two members representing academia~~ and three representatives appointed by the European Commission. Where more than one supervisory authority is responsible in a Member State for supervising the application of this Regulation, a joint representative shall be appointed in accordance with that Member State’s law.

Amendment 155 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 5

5. The European Associations Authority shall act independently when performing its tasks and exercising its powers. Without prejudice to requests by the Commission referred to in paragraph 6, points (e) and (f), the European Associations Authority shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any party or source.deleted

Amendment 156 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 6

~~6. [...]~~deleted

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 257 of this Regulation;

Amendment 158 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 7

7. The Commission and the European Parliament shall have the right to participate in the activities and meetings of the European Associations Authority, without voting rights. The Commission shall designate up to two representatives, the Parliament shall designate up to five representatives.deleted

Amendment 159 #

Gilles LEBRETON, Jean-Paul GARRAUD, Alessandra BASSO

Motion for a resolution
Annex – Part I – Article 5 – paragraph 7

Amendment 16 #

Motion for a resolution
Recital D

D. whereas NPOs are an integral part of the EU's civil society and include philanthropic organisations such as foundations that contribute to and facilitate the work of individuals, associations and NPOs for the public interest;deleted

Amendment 160 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 8

8. The discussions of the European Associations Authority shall be confidential where the Authority deems it necessary, in accordance with its rules of procedure. Access to documents submitted to members of the European Associations Authority, experts and representatives of third parties shall be governed by Regulation (EC) No 1049/2001 of the European Parliament and of the Council7. __________________ 7 Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).deleted

Amendment 161 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 9

~~9. The European Associations Authority shall adopt its own rules of procedure and organise its own operational arrangements.~~deleted

Amendment 162 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 10

~~10. In the case of equality of votes, the Chairman of the meeting shall have a casting vote.~~deleted

Amendment 163 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 11

~~11. The European Associations Authority shall invite independent experts, in particular from academia and civil society to its meetings and consult with them on a regular basis.~~deleted

Amendment 164 #

Motion for a resolution
Annex – Part I – Article 5 – paragraph 12

12. The Chair of the European Associations Authority shall report annually about the activities of the Authority and the application of this Regulation to the European Parliament, the Council and the European Commission.deleted

Amendment 165 #

Motion for a resolution
Annex – Part I – Article 6 – paragraph 1 – point a

(a) by ~~agreement of~~ at least three ~~founding members; the founding members can be natural persons that are citizens or residents of~~legal non-profit entities registered in at least twohree Member States,; or ~~legal persons that have their registered office~~by at least twenty natural persons that are citizens or residents in at least twohree Member States; or

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 ~~formed under the law of~~legally established in a Member State ~~and~~, which has its registered office within the Union and which operates across borders or has another cross-border element; or

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 between at least two entities belonging to the categories identified pursuant to Article 3(2) of this Regulation, formed under the laws of Member States and which have their registered office within the Unionof entities legally established in one or more Member States, provided that at least two of them are governed by the law of different Member States.

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 twohree entities belonging to the categories identified pursuant to Article 3(2) of this Regulation, formed under the laws of Member States and which have their registered office within the Union, provided that at least twohree of them are governed by the law of different Member States.

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

4. The departure of a founding member from a European Association shall not automatically lead to the European Association being terminated or dissolved, provided that it continues to carry out its activities based on the agreement of at least the number of persons referred to in paragraph 1.deleted

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

~~2. Mandatory membership fees shall be adjusted to take into account the average income in the Member State of residence of the member.~~deleted

Amendment 176 #

Motion for a resolution
Annex – Part I – Article 7 – paragraph 2

2. M~~andatory membership fees shall be adjusted to take into account the average income in the Member State of residence of the member~~embers shall pay an annual membership fee decided by the General Assembly.

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 ~~appointment to and removal of members from the Board of Directors, the conditions for the initiation of proceedings against members of the Board of Directors on behalf of the European Association~~composition and election procedures of the Board of Directors, as well as the Board’s functioning, powers and responsibilities, including powers of representation in dealings with third parties;

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 ~~remov~~dismissal of members from the Board of Directors, the conditions for the initiation of proceedings against members of the Board of Directors on behalf of the European Association, as well as the Board’s functioning, powers and responsibilities, including powers of representation in dealings with third parties;

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 106, members shall decide whether the European Association’s registered office is to remain in the Member State where the original entity was registered, or rather is to be moved to another Member State.

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 106, the members shall decide in which of the Member States in which the merging entities are registered the registered office of the European Association is to be located.

Amendment 192 #

Motion for a resolution
Annex – Part I – Article 10 – paragraph 1

1. A European Association shall, within 30 days of the date of the European Association's formation as provided for in Article 6, submit an application for registration in the digital e-Registry of European Associations established pursuant to Article 5(6)(a)Each Member State shall designate a register and a body responsible for the management of the register for the purposes of registering European Associations and shall inform the Commission thereof. A European Association shall be registered in the Member State in which it has its registered office.

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

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 free of charge and shall allow applicants to use the official language or one of the official languages of the Member State where the European Association has its registered office. The European Associations Authority and national supervisory authorities shall make it possible to register by non-digital means for the citizens who wish to do so.deleted

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 ~~and set up by the European Associations Authority~~by the Commission. The registration procedure shall be electronic and free of charge and shall allow applicants to use the official language or one of the official languages of the Member State where the European Association has its registered office. The ~~European Associations Authority and~~ national supervisory authorities shall make it possible to register by non-digital means for the citizens who wish to do so.

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 ~~and~~, accessible as well as free of charge and shall allow applicants to use the official language or one of the official languages of the Member State where the European Association has its registered office. The European Associations Authority and national supervisory authorities shall make it possible to register by non-digital means for the citizens who wish to do so.

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 ~~Authorit~~Registration Body. The registration procedure shall be electronic, accessible for persons with disabilities and free of charge and shall allow applicants to use the official language or one of the official languages of the Member State where the European Association has its registered office. ~~The European Associations Authority and national supervisory authorit~~Registration bodies shall make it possible to register by non-digital means for the citizens who wish to do so.

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 ~~free of charge and~~ shall allow applicants to use the official language or one of the official languages of the Member State where the European Association has its registered office. The European Associations Authority and national supervisory authorities shall make it possible to register by non-digital means for the citizens who wish to do so.

Amendment 203 #

Motion for a resolution
Annex – Part I – Article 10 – paragraph 3

3. Member States shall designate or establish an authority (the ‘registering authority’) competent for processing applications for registration of European Associations that have their registered office in its territory in accordance with this Article. Member States may decide that the registering authority is to be the same as the supervisory authority referred to in Article 4 of this Regulation.deleted

Amendment 204 #

Motion for a resolution
Annex – Part I – Article 10 – paragraph 3

3. Member States shall designate or establish an authority (the 'registering authority') competent for processing applications for registration of European Associations that have their registered office in its territory in accordance with this Article. Member States may decide that the registering authority is to be the same as the supervisory authority referred to in Article 4 of this Regulation.deleted

Amendment 205 #

Motion for a resolution
Annex – Part I – Article 10 – paragraph 4

4. Upon notice of the application for registration of a European Association, the registering authority shall assess the application in relation to the requirements laid down in this Regulation. The registering authority shall not impose any requirements other than those laid down in this Regulation.deleted

Amendment 206 #

Motion for a resolution
Annex – Part I – Article 10 – paragraph 5

5. Upon receipt of an application for the granting of public benefit status from a European Association, the registering authority shall assess the application in relation to the requirements laid down in this Regulation. The registering authority shall not impose any requirements other than those laid down in this Regulation.deleted

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

6. The registering authority shall communicate to the European Associations Authority without delay, and no later than 30 calendar days after the request for registration or for the granting of public benefit status has been made, an opinion concerning the application, based on the assessment conducted pursuant to paragraphs 4 and 5. If the registering authority recommends the rejection of the application, it shall provide substantiated grounds to justify its recommendation.deleted

Amendment 209 #

Motion for a resolution
Annex – Part I – Article 10 – paragraph 6

6. ~~The registering authority shall communicate to the European Associations Authority without delay,~~In the event of rejection of the application for registration and no later than 30 ~~calendar~~ days after the request for registration or for the granting of public benefit status has been made, an opinion concerning the application, based on the assessment conducted pursuant to paragraphs 4 and 5. If the registering authority recommends the rejection of the application, ithas been made, the competent Commission authority shall provide substantiated grounds to justify its recommendation for rejection.

Amendment 21 #

Motion for a resolution
Recital K

K. whereas associations and NPOs play a key role in supporting individuals to actively participate in the democratic and social life;

Amendment 210 #

Motion for a resolution
Annex – Part I – Article 10 – paragraph 6

6. The registering ~~authority shall communicate to the European Associations Authorit~~body shall inform the European registration body without delay, and no later than 30 calendar days after the request for registration or for the granting of public benefit status has been made, an opinion concerning the application, based on the assessment conducted pursuant to paragraphs 4 and 5. If the registering authority recommends the rejection of the application, it shall provide substantiated grounds to justify its recommendationhas been accepted.

Amendment 211 #

Motion for a resolution
Annex – Part I – Article 10 – paragraph 7

7. The European Associations Authority shall, within 15 calendar days of receipt of the opinion of the national registering authority, adopt a binding decision on the application. That period may be extended by 15 days in duly motivated cases, where the assessment of the application requires further examination.deleted

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

8. Applicants shall have the right to request the European Associations Authority to review its decision refusing the application within 15 calendar days after the decision has been communicated to them.deleted

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 ~~the European Associations Authority to~~a review ~~its~~of the decision refusing the application within 15 calendar days after the decision has been communicated to them.

Amendment 216 #

Motion for a resolution
Annex – Part I – Article 10 – paragraph 9

9. The European Associations Authority shall ensure that the publication of the registration in the digital e-Registry of European Associations as well as in the Official Journal of the European Union takes place no later than 15 days after the decision has become final.deleted

Amendment 217 #

Motion for a resolution
Annex – Part I – Article 10 – paragraph 9

9. The European ~~Associations Authorit~~Registration body shall ensure that the publication of the registration in the digital e-Registry of European Associations as well as in the Official Journal of the European Union takes place no later than 15 days after the drec~~ision has become final~~eipt of the information.

Amendment 218 #

Motion for a resolution
Annex – Part I – Article 10 – paragraph 10

10. Upon publication pursuant to paragraph 9, the registration of a European Association shall produce effects 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.deleted

Amendment 219 #

Gilles LEBRETON, Jean-Paul GARRAUD, Alessandra BASSO

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 ~~a key role in~~contribute to supporting individuals to actively participate in the democratic life;

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 being wound up or in the creation of a new legal person.

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 ~~seat~~registered office to another Member State. Such transfer shall not result in the European Association being wound up or in the creation of a new legal person or affect any rights and obligations existing before the transfer.

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) ~~the~~intended registered office and proposed ~~for the European Association~~name in host Member State;

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) ~~the statutes proposed for the European Association including, where applicable, its new titl~~proposed amended statutes, where appropriate;

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. ~~A court, notary or ot~~Ther competent authority in the Member State in which the European Association has its registered office shall issue a certificate to acknowledge that the acts and formalities required prior to transfer have been properly completed.

Amendment 228 #

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 for reasons of public interest and shall be communicated to the European Associations Authority.deleted

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 ~~for~~and founded on reasons of public interest, national security, public safety or public order, and shall be communicated to the European Associations Authority.

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

11. The European Associations Authority shall assess the objection lodged pursuant to paragraph 11 and, within 15 calendar days of receipt of the objection, adopt a binding decision approving or refusing the transfer. That period may be extended by 15 days in duly motivated cases, where the assessment of the objection requires further examination.deleted

Amendment 231 #

Motion for a resolution
Annex – Part I – Article 11 – paragraph 12

~~12. The applicant may request the European Associations Authority to review its decision refusing the transfer within 15 calendar days of the communication of the decision.~~deleted

Amendment 232 #

Motion for a resolution
Annex – Part I – Article 11 – paragraph 13

13. The European Associations Authority shall ensure that details of the transfer are published in the digital e- Registry of European Associations as well as in the Official Journal of the European Union no later than 15 days after the communication pursuant to paragraph 10 of this Article or, where an objection is lodged pursuant to paragraph 11, after the European Associations Authority's decision on the transfer has become final. The new registration of the registered office of the European Association may be relied on against third parties as of the date of that publication.deleted

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~~y of the publication of its registration as a European Association in the Official Journal of the European Union~~te on which it is entered in the national registry.

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~~, including through funding appeals to the public~~;

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'’s objectives and develop many and various activities of general interest with a transnational relevance; whereas NPOs provide services in often unprofitable areas of the social sector and encourage participation in many social activities and could contribute to strengthen the social cohesion between EU societies, especially in cross-border regions;

Amendment 240 #

Motion for a resolution
Annex – Part I – Article 13 – paragraph 3

(3) Other governance bodies may be set up by the Board or the General Assembly, under the conditions and in accordance with the procedures laid down in the statutes and in this regulation.

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) ~~the~~The national and/or European law applicable to that person;

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 ~~affair~~projects.

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 ~~and to the European Associations Authority~~. Such annual report shall also be made publicly available by the European Association.

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 ~~accounts and~~ activities of the European Association, which it shall transmit to the national supervisory authority and to the European Associations Authority. Such annual report shall also be made publicly available by the European Association.

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. TExcept in the case where a majority of the members of the Association objects, the meetings of the General Assembly may be held online without that affecting their validity, or the validity of the decisions adopted.

Amendment 248 #

Motion for a resolution
Annex – Part I – Article 15 – paragraph 5

5. The meetings of the General Assembly may be held ~~online~~in presence, online, or as a combination of both, without that affecting their validity, or the validity of the decisions adopted.

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~~, to speak and to submit motions~~ and to speak.

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 ~~general interest with~~ a transnational relevance which benefit the general interest in fields such as the protection and promotion of fundamental rights and values, environmental protection, education, culture, social work or development aid;

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. ~~Each member shall have one vo~~The distribution of votes would be performed in a fair manner, in accordance with the rules set in the European Association’s statutes.

Amendment 252 #

Motion for a resolution
Annex – Part I – Article 17 – title

~~Amendments of the Statutes~~8a. (Article 17 to be moved after Article 8)

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~~ion based on the place where the European Association has its registered office~~ory treatment of the European Association shall be prohibited.

Amendment 255 #

Motion for a resolution
Annex – Part I – Article 18 – paragraph 2

2. Any European Association ~~which has its registered office on the Member State’s territory is subject to the provisions applicable to the legal entities identified pursuant to Article 3(2) of this Regulation~~shall receive the same treatment as equivalent national entities.

Amendment 256 #

Motion for a resolution
Annex – Part I – Article 19

~~[...]~~deleted

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 ~~following cumulative conditions are met:~~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, or political activism, except where this is systematically and directly aimed to benefit the structures of a specific political party.

Amendment 258 #

Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – point a

(a) the organisation's purpose and actual activities pursue a public benefit objective which serves the welfare of society or of part of it, and is thus beneficial for the public good, including charitable, purposes, or political activism, except where this is systematically and directly aimed to benefit the structures of a specific political party. The following purposes shall be considered as oriented towards public benefit, although the list shall not be considered as exclusive: (a) preservation; (b) climate change; (c) fundamental rights and Union values, including the elimination of any discrimination based on gender, race, ethnicity, religion, disability, sexual orientation or any other grounds; (d) of or relief from poverty; (e) humanitarian aid, including disaster relief; (f) development aid and development cooperation; (g) support for vulnerable sectors of the population, including children, the elderly, people with disabilities, persons seeking or benefitting from international protection and people in a situation of homelessness; (h) protection of animals; (i) science, research and innovation; (j) education and training; (k) the promotion and protection of health and well-being, including the provision of medical care; (l) consumer protection; and (m) amateur sports.deleted arts, culture or historical environmental protection and the promotion and protection of social justice, including prevention humanitarian assistance and protection of, assistance to and

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 specific political party. The following purposes shall be considered as oriented towards public benefit. although the list shall not be considered as exclusive:

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, ~~including charitable, purposes, or political activism,~~ except where this is systematically and directly aimed to benefit the structures of a specific political party. The following purposes shall be considered as oriented towards public benefit. although the list shall not be considered as exclusive:

Amendment 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 orientation or any other grounds;

Amendment 262 #

Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – point a – subpoint d

(d) social ~~justice, including prevention of or relief from poverty~~assistance;

Amendment 263 #

Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – point a – subpoint j

(j) education ~~and training~~, training and youth involvement;

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 ~~commun~~take a decision on such an applicateion without delay, and no later than 30 calendar days after ~~the application has been made, a reasoned opinion concerning such application to the European Associ~~its submission. The procedure under Article 10 shall apply mutations Amut~~hority~~andis.

Amendment 266 #

Motion for a resolution
Annex – Part I – Article 19 – paragraph 4

4. The European Associations Authority shall, within 15 calendar days of receipt of the opinion of the national registering authority, adopt a binding decision on granting the European Association the status of association contributing to the public benefit ('public benefit status'), in accordance with the requirements set out in paragraph 1. That period may be extended by 15 days in duly motivated cases, where the assessment requires further examination.deleted

Amendment 267 #

Motion for a resolution
Annex – Part I – Article 19 – paragraph 5

5. Applicants shall have the right to request the European Associations Authority to review its decision refusing recognition of the European Association as contributing to the public benefit within 15 calendar days of the decision having been communicated to them.deleted

Amendment 268 #

Motion for a resolution
Annex – Part I – Article 19 – paragraph 6

6. The European Associations Authority shall ensure that the decision on granting the European Association public benefit status is published in the digital e-Registry of European Associations as well as in the Official Journal of the European Union no later than 15 days after the decision has become final.deleted

Amendment 269 #

Motion for a resolution
Annex – Part I – Article 19 – paragraph 7

7. As of the date of its publication, the decision adopted by the European Associations Authority pursuant to paragraph 4 may be relied on by the European Association for the purpose of being granted the corresponding status by the competent supervisory authority.deleted

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

~~A European Association shall not be subjected to differential treatment by Member States based solely on the political desirability of its purpose, field of activities or sources of financing.~~Article 21 deleted Principle of non-arbitrary treatment

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. ~~Rules on accounting, including the preparation of budget estimates, annual and consolidated accounts of t~~The European Association, shall be regulated by the statutes, subject to the provisions of this Regulation and to the provisions applicable to the legal entities identified pursuant to Article 3(2) of this Regulation in the Member State in which the European Association has its registered officekeep full and accurate records of all financial transactions.

Amendment 274 #

Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 – introductory part

2. ~~Notwithstanding paragraph 1,~~ European Associations shall draw up at least once a year:

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

~~The information 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~~which they shall transmit to the national supervisory authority and the ~~European Associations Authority pursuant to Article 14(7) of this Regulation~~authority responsible for managing the register within six months of the end of the financial year.

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

3. The annual accounts of the European Associations, and, where applicable, their consolidated accounts, shall be audited pursuant to the provisions applicable to the legal entities identified pursuant to Article 3(2) of this Regulation in the Member State in which the European Association has its registered office. The audit shall be carried out at least once every four years and no more than once every two years.deleted

Amendment 282 #

Motion for a resolution
Annex – Part I – Article 23 – paragraph 3

Amendment 283 #

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. Where European Associations are not subject, under the law of the Member State in which the European Association has its registered office, to a disclosure requirement, they shall at least make the accounting documents available to the public at its registered office.deleted

Amendment 284 #

Motion for a resolution
Annex – Part I – Article 23 – paragraph 4

Amendment 285 #

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 one year.deleted

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

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 ~~a maximum of~~ at least onthree years.

Amendment 289 #

Motion for a resolution
Annex – Part I – Article 23 – paragraph 6

6. The report resulting from the audit referred to in paragraph 3 shall be transmitted by the competent authority to the European Associations Authority without delay. Upon notification, the European Associations Authority shall provide for the publication of the report in the Official Journal of the European Union as well as in the digital e-Registry of the European Union.deleted

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

7. Rules on accounting and auditing applicable to European Associations shall not be less favourable than those applicable to undertakings in application of Directive 2006/43/EC8 or Directive 2013/34/EU of the European Parliament and of the Council9 . __________________ 8 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, 9.6.2006, p. 87). 9 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC Text with EEA relevance (OJ L 182, 29.6.2013, p. 19).deleted

Amendment 292 #

Motion for a resolution
Annex – Part I – Article 23 – paragraph 7

7. Rules on accounting and auditing applicable to European Associations shall not be less favourable than those applicable to undertakings in application of Directive 2006/43/EC8 or Directive 2013/34/EU9 of the European Parliament and of the Council. __________________ 8 Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, 9.6.2006, p. 87). 9 Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC Text with EEA relevance (OJ L 182, 29.6.2013, p. 19).deleted

Amendment 293 #

Motion for a resolution
Annex – Part I – Chapter 5 – title

~~Supervision~~Cooperation between the national and EU level and liability

Amendment 294 #

Motion for a resolution
Annex – Part I – Article 24

1. 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 European Associations registered in the Member State’s territory. 2. registering Member State shall communicate without delay to the European Associations Authority any recommendation for a decision concerning European Associations on its territory. 3. 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 recommendations to reconsider. 4. reconsider its recommendation in the light of the European Associations Authority’s recommendation, the European Associations Authority may adopt a binding decision requesting the supervisory authority to refrain, or to require a competent authority to refrain, from adopting any decisions which it deems illegal, arbitrary or abusive in the light of provisions of this Regulation or other relevant provisions of Union law, or requesting the supervisory authority, within the limits of its powers, to annul any such decisions. 5. comply with a decision taken by the European Associations Authority pursuant to paragraph 7 of this Article, the European Associations Authority shall inform the European Commission, which shall take action as appropriate. 6. available to European Associations to challenge decisions taken by the supervisory authority, including the possibility to obtain judicial review of any such decisions.Article 24 deleted Supervision The supervisory authority shall The supervisory authority of the The European Associations If the supervisory authority fails to If the supervisory authority fails to Effective remedies shall be

Amendment 295 #

Motion for a resolution
Annex – Part I – Article 24 – title

~~Supervision~~Cooperation between the national and EU level

Amendment 296 #

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 within the framework of the European Associations Authority on any substantial issues regarding the lawfulness and liability of European Associations registered in the Member State's territoryEach Member State shall designate a supervisory authority and shall inform the Commission thereof.

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 ~~within the framework of the European Associations Authority~~ on any substantial issues regarding the lawfulness and liability of European Associations registered in the Member State's territory.

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 ~~registered in the Member State’s territory~~.

Amendment 299 #

Motion for a resolution
Annex – Part I – Article 24 – paragraph 2

2. The supervisory authority of the registering Member State shall communicate without delay to the European Associations Authority any recommendation for a decision concerning European Associations on its territory.deleted

Amendment 3 #

Gilles LEBRETON, Jean-Paul GARRAUD, Alessandra BASSO

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

M. whereas any organisation benefiting from a European statute or from European common minimum standards should not act against the EU's common values enshrined in the Treaties and the Charter of Fundamental Rights;deleted

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

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 recommendations to reconsider.deleted

Amendment 302 #

Motion for a resolution
Annex – Part I – Article 24 – paragraph 3

Amendment 303 #

Motion for a resolution
Annex – Part I – Article 24 – paragraph 4

4. If the supervisory authority fails to reconsider its recommendation in the light of the European Associations Authority's recommendation, the European Associations Authority may adopt a binding decision requesting the supervisory authority to refrain, or to require a competent authority to refrain, from adopting any decisions which it deems illegal, arbitrary or abusive in the light of provisions of this Regulation or other relevant provisions of Union law, or requesting the supervisory authority, within the limits of its powers, to annul any such decisions.deleted

Amendment 304 #

Motion for a resolution
Annex – Part I – Article 24 – paragraph 5

5. If the supervisory authority fails to comply with a decision taken by the European Associations Authority pursuant to paragraph 7 of this Article, the European Associations Authority shall inform the European Commission, which shall take action as appropriate.deleted

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 supervisory ~~authorit~~body, including the possibility to obtain judicial review of any such decisions.

Amendment 306 #

Motion for a resolution
Annex – Part I – Article 26 – paragraph 1 – point b

(b) by decision of the General Assembly, w~~ith~~hich has a possibility to annul such decision before any dissolution or liquidation of a European Association.

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 ~~European Associations Authority~~Publications Office of the European Union and the Commission of any dissolution of the European Association pursuant to paragraph 1 no later than 15 calendar days after it has become aware of the dissolution. The ~~European Associations Authority~~Publications Office of the European Union shall, immediately after such notification, ~~publish~~ensure the publication of a notice of dissolution of the European Association in the Official Journal of the European Union and the Commission shall remove the European Association from the digital e-Registry of the Union.

Amendment 309 #

Motion for a resolution
Annex – Part I – Article 27 – paragraph 1 – introductory part

1. A European Aassociation may be dissolved by ~~binding~~a final decision of ~~the European Associations Authority, taken on its own initiative or at the request of the supervisory authority~~a court of the Member State in which the European Association has its registered office, if:

Amendment 31 #

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~~act towards the promotion and the implementation the EU’s common values enshrined in the Treaties and the Charter of Fundamental Rights;

Amendment 310 #

Motion for a resolution
Annex – Part I – Article 27 – paragraph 1 – introductory part

1. A European Association may be dissolved ~~by binding decision of the European Associations Authority, 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 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 mashall only be dissolved by binding decision of the European Associations Authority, 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 313 #

Motion for a resolution
Annex – Part I – Article 27 – paragraph 2

2. For the purposes of paragraph 1, the supervisory authority shall communicate a reasoned opinion concerning the European Association’s dissolution to the European Associations Authority. The European Associations Authority shall, within 30 calendar days of receipt of the opinion of the supervisory authority, adopt a binding decision on the European Association’s dissolution. That period may be extended by 30 days in duly motivated cases, where the assessment of the application requires such an extension.deleted

Amendment 314 #

Motion for a resolution
Annex – Part I – Article 27 – paragraph 2

2. ~~For~~In the ~~purposes of paragraph 1, the supervisory authority shall communicate a reasoned opinion concerning the European Association's~~event of compulsory dissolution to, the European Associations Authority. The European Associations Authority shall, within 30 calendar days of receipt of the opinion of the supervisory authority, adopt a binding decision on the European Association's dissolution. That period may be extended by 30 days in duly motivated cases, where the assessment of the application requires such an extensionprocedure laid down in Section 10 shall apply mutatis mutandis.

Amendment 315 #

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 Associations Authority shall grant the European Association a reasonable period of time to regularise its position before the decision takes effect.deleted

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~~s Authority shall grant the European Association~~ should be granted a reasonable period of time to regularise its position before the decision takes effect.

Amendment 317 #

Motion for a resolution
Annex – Part I – Article 27 – paragraph 4

4. Applicants may request the European Associations Authority to review its decision ordering the dissolution of the European Association within 30 calendar days of the decision having been communicated to them.deleted

Amendment 318 #

Motion for a resolution
Annex – Part I – Article 27 – paragraph 4

4. Applicants may request ~~the European Associations Authority~~ to review its decision ordering the dissolution of the European Association within 30 calendar days of the decision having been communicated to them. National legal appeal procedures will apply.

Amendment 319 #

Motion for a resolution
Annex – Part I – Article 27 – paragraph 5

5. The European Associations Authority shall reflect the decision to dissolve the European Association in the digital e-Registry of European Associations and publish it in the Official Journal of the European Union no later than 15 days after the decision has become final.deleted

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 ~~Authorit~~registration body shall reflect the decision to dissolve the European Association in the digital e-Registry of European Associations and publish it in the Official Journal of the European Union no later than 15 days after the decision has become final.

Amendment 321 #

Motion for a resolution
Annex – Part I – Article 27 – paragraph 6

6. Upon its publication pursuant ~~to paragraph 5~~, the dissolution of the European Association shall be effective throughout the territory of the Union.

Amendment 322 #

Motion for a resolution
Annex – Part I – Article 29 – paragraph 1

~~Fiv~~Three years at the latest after the entry into force of this Regulation, the Commission shall forward to the Council and to the European Parliament a report on the application of the Regulation and proposals for amendments, as appropriate.

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 EUnion (Minimum standards Directive)

Amendment 324 #

Motion for a resolution
Annex – Part II – recital 1

(1) Freedom of association is a fundamental right ~~that is~~, recognised by the EU Treaties and the Charter of Fundamental Rights and crucial for the functioning of democracy ~~and~~, equating to an essential condition for the exercise of other fundamental rights by individuals, including the right to freedom of expression.

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 societies.

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 ~~and~~, democratic, and social life of our societies.

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 associations, NPOs, but also philanthropical organisations such as foundations, and other, similar organisations;

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 ~~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 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;, in particular the Council of Europe European Social Charter and the relevant Conventions and Recommendations of the International Labour Organisation and their related case law and jurisprudence. However, organisations which are associations of trade unions or foundations, associations or other non-profit bodies with a trade union aim, may decide to fall under the application of parts of the Directive or of the Directive as a whole, if they so wish.

Amendment 337 #

Motion for a resolution
Annex – Part II – recital 17

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- profit organisations’ financing, including as regards access to and use of private resources and public funding, the pursuit of economic activities and the obligation not to unduly restrict cross-border financing in line with Treaty rules on free movement of capital, so that national legislation and EU policy facilitates cross-border philanthropy in line with EU fundamental rights and free flow of capital.

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- profit organisations’ financing, including as regards access to and use of private resources and public funding, the pursuit of economic activities and the obligation not to unduly restrict cross-border financing in line with Treaty rules on free movement of capital. National laws and EU policy should facilitate cross-border philanthropy in line with EU fundamental rights and free flow of capital.

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- profit organisations’ financing, including as regards access to and use of private resources and public funding, the pursuit of economic activities and the obligation not to unduly restrict cross-border financing in line with Treaty rules on free movement of capital. National laws and EU policy should facilitate cross-border philanthropy in line with EU fundamental rights.

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 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 also reported about difficulties to donate and grant to other NPOs in some cases. It is therefore necessary to establish principles and standards on non- profit organisations’ financing, including as regards access to and use of private resources and public funding, the pursuit of economic activities and the obligation not to unduly restrict cross-border financing in line with Treaty rules on free movement of capital.

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 , 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. Cross- border philanthropy must not be restricted by so called foreign funding restrictions or discriminatory national tax laws 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 international and Union law. Therefore, Member States should not apply unreasonable, overly intrusive or disruptive measures, including reporting requirements placing an excessive or costly burden on organisations. The European Court of Justice (ECJ) recognised the application of the free movement of capital to philanthropic funds and continues to interpret the fundamental freedoms guaranteed under the European treaties along with ensuring that the principle of non-discrimination applies to donors and public benefit organisations in the EU. A series of ECJ cases examined the tax treatment of public benefit entities and their donors, including: Stauffer: C- 386/04 Centro di Musicologia Walter Stauffer/Finanzamt München für Körperschaften [2006] ECR I-8203; Hein-Persche: C-318/07 Hein Persche/Finanzamt Lüdenscheid [2009] ECR I-359 and Missionswerk: C- 25/10Missionswerk Werner Heukelbach eV/Belgien [2011] 2 C.M.L.R. 35. But national laws continue to discriminate or imply costly and burdensome procedures which de facto keep national systems in conflict with EU law. The impact of the ECJ cases on national level regulation and practices was analysed in the 2014EFC/TGE commissioned report on taxation of cross-border philanthropy in Europe:http://efc.issuelab.org/resource/ta xation-of-cross-border-philanthropy-in- europe-after-persche-and-stauffer-from- landlock-to-free-movement.html __________________ 11 Judgment of the Court of Justice of 18 June 2020, European Commission v Hungary, C-78/18, ECLI:EU:C:2020:476.

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 international and Union law. Therefore, Member States should not apply unreasonable, overly intrusive or disruptive measures, ~~including~~placing an excessive or costly burden on organisations. With a view of respo~~rting requirements placing an excessive or costly burden on~~nding to the public interest in providing transparency, particularly with regard to organisations that have an influence on public life and public debate, they shall be subject to reporting and public disclosure obligations with regard to their governance representatives, provisions of the statutes and financing. Such reporting and public disclosure obligations shall not lead to any limitation of the rights and obligations of the organisations. __________________ 11 Judgment of the Court of Justice of 18 June 2020, European Commission v Hungary, C-78/18, ECLI:EU:C:2020:476.

Amendment 347 #

Motion for a resolution
Annex – Part II – recital 28 a (new)

(28a) The practice of the European Court of Justice(ECJ) recognises the application of the free movement of capital to philanthropic funds and continues to interpret the fundamental freedoms guaranteed under the European Treaties along with ensuring that the principle of non-discrimination applies to donors and public benefit organisations in the EU, while examining tax treatment of public benefit entities and their donors2a. National legislation however continues to discriminate or imply costly and burdensome procedures to non-national organization, amounting to a conflict between national systems and EU law. __________________ 2a Stauffer:C-386/04 Centro di Musicologia Walter Stauffer/Finanzamt München fürKörperschaften [2006] ECR I-8203; Hein-Persche: C-318/07 Hein Persche/FinanzamtLüdenscheid [2009] ECR I-359 and Missionswerk: C-25/10 Missionswerk WernerHeukelbach eV/Belgien [2011] 2 C.M.L.R. 35.

Amendment 348 #

Motion for a resolution
Annex – Part II – recital 30

(30) Public authorities at all levels should establish and contribute to an open, transparent and regular dialogue with non-profit organisations on policies and legislations. They should have access to documents and Information. Non-profit organisations should be consulted in a timely, transparent and meaningful way about the introduction, review and implementation of any legislation, policies and practices that affect their operations. Member States should consult in a timely, transparent and meaningful manner non- profit organisations already established, registered or operating in their territories on the transposition and implementation of the Directive’s provisions.

Amendment 349 #

Motion for a resolution
Annex – Part II – recital 30

(30) Non-profit organisations should be consulted in a meaningful way about the introduction, review and implementation of any legislation, policies and practices that affect their operations. A regular and transparent dialogue should be established at all governmental levels. Member States should consult in a timely, transparent and meaningful manner non- profit organisations already established, registered or operating in their territories on the transposition and implementation of the Directive’s provisions.

Amendment 35 #

Motion for a resolution
Paragraph 1 a (new)

1a. Observes that legal, cultural, political and economic differences between Member States continue to make the cross-border activities of NPOs very complex, and that the current administrative and fiscal treatment of the cross-border activities of these organisations results in higher transaction costs than at national level;

Amendment 350 #

Motion for a resolution
Annex – Part II – Article 1

This Directive is aimed at providing a common set of measures for non-profit organisations established in the Union in order to secure an enabling environment in which it is possible for these organisations to contribute to the functioning of the internal market. It approximates the laws ~~of the Member States as regards certain aspects of the objectives and activities, registration, operations, financing and cross-border activities of~~, regulations and administrative provisions of the Member States relating to non-profit organisations as listed in Annex I.

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, to non- profit organisations, including philanthropic organisations, established in the Union.

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 ~~with a common interest, activity or purpose~~and/or property association, which, irrespective of the form in which it is established:

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, ~~they~~profits cannot be distributed as such among its members, founders or any other private parties, but shall be invested for the pursuit of its objectives;

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 autonomy of the organisation’s functioning and decision-making is not affected;

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 or foundations, associations or other non-profit bodies with a trade union aim, shall be excluded from the scope of this Directive. However, when implementing this Directive, Member States shall ensure that trade unions or foundations, associations or other non-profit bodies with a trade union aim, may decide to fall under the application of parts of the Directive or of the Directive as a whole, if they so wishshall be excluded from the scope of this Directive.

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- profit bodies with a trade union aim, may decide to fall under the application of parts of the Directive or of the Directive as a whole, if they so wish.

Amendment 36 #

Motion for a resolution
Paragraph 2

2. Emphasises that the current legal framework at Union and national level is insufficient to support a strong pan- European civil society, the existence of which is necessary for democracy; thus, identifies the need to introduce a new legal form, namely that of European Association, including rules on its establishment, and governance;deleted

Amendment 360 #

Motion for a resolution
Annex – Part II – Article 2 – paragraph 5

5. Trade unions, organisations which are associations of trade unions and foundations, associations or other non- profit bodies with a trade union aim, shall be excluded from the scope of this Directive. However, when implementing this Directive, Member States shall ensure that organisations which are associations of trade unions or foundations, associations or other non- profit bodies with a trade union aim, may decide to fall under the application of parts of the Directive or of the Directive as a whole, if they so wish.

Amendment 361 #

Motion for a resolution
Annex – Part II – Article 2 – paragraph 5

5. Trade unions, organisations that are associations of trade unions, or foundations, associations or other non- profit bodies with a trade union aim, shall be excluded from the scope of this Directive. However, when implementing this Directive, Member States shall ensure that trade unions or foundations, associations or other non- profit bodies with a trade union aim, may decide to fall under the application of parts of the Directive or of the Directive as a whole, if they so wish.

Amendment 362 #

Motion for a resolution
Annex – Part II – Article 2 – paragraph 6

6. Organisations with primarily a religious, philosophical and non- confessional aim shall be excluded from the scope of this Directive. However, this exclusion shall not apply to other organisations without such a specific aim, but inspired by religious, philosophical or non-confessional beliefsReligious associations shall be excluded from the scope of this Directive.

Amendment 363 #

Motion for a resolution
Annex – Part II – Article 4 – paragraph 2 a (new)

(2a) This Directive shall be without prejudice to the right of Member States to introduce or maintain provisions that are more favourable to non-profit organisations, provided that such provisions do not interfere with the obligations deriving from this Directive.

Amendment 364 #

Motion for a resolution
Annex – Part II – Article 5 – paragraph 1

1. Member States shall ensure that no discrimination based on nationality derives from national laws, regulations or administrative practices regulating non- profit organisations, including their formation, registration, operations, financing, financial and tax treatment or tax relief measures and cross-border activities.

Amendment 365 #

Motion for a resolution
Annex – Part II – Article 5 – paragraph 1

1. Member States shall ensure that no discrimination ~~based on nationality~~with regard to the non- profit organisations established in another Member State derives from national laws, regulations or administrative practices regulating non- profit organisations~~, including their formation, registration, operations, financing and cross-border activities~~.

Amendment 366 #

Motion for a resolution
Annex – Part II – Article 5 – paragraph 2

2. Member States shall ensure that national laws, regulations or administrative practices regulating non-profit organisations, including their formation, registration, operations, financing and cross-border activities, do not discriminate against any group or individual on any grounds, such as age, birth, colour, gender, sexual orientation, gender identity, health condition, immigration or residency status, language, national, ethnic or social origin, political or other opinion, ~~physical or mental~~ disability, property, race, religion or belief or other status.

Amendment 367 #

Motion for a resolution
Annex – Part II – Article 5 – paragraph 2 a (new)

2a. Member States shall in the context of the non-discrimination principle in their jurisdiction allow tac relief measures in cross-border contexts.

Amendment 368 #

Motion for a resolution
Annex – Part II – Article 6 – paragraph 1

1. Member States shall ensure the simplification, to the extent possible, of national laws, regulations or administrative practices regulating the formation, registration, operations, financing and cross-border activities of non-profit organisations, in order to eliminate any obstacles which affect the ability of legal or natural persons or groups of such persons, regardless of their nationality, to establish, register or operate in its territory a non-profit organisation, as for example to enable access to banking and financial services, as well as guarantee sage and secure channels for cross-border philanthropic donations and foundations asset allocations within but also outside the EU.

Amendment 369 #

Motion for a resolution
Annex – Part II – Article 6 – paragraph 1

(1) Member States shall ensure the simplification, to the extent possible, of national laws, regulations or administrative practices regulating the formation, registration, operations, financing and cross-border activities of non-profit organisations, in order to ~~eliminate any obstacles~~guarantee freedom of association at all levels and eliminate any obstacles and/or unjustified discrimination which affect the ability of legal or natural persons or groups of such persons, regardless of their nationality, to establish, register or operate in its territory a non-profit organisation.

Amendment 37 #

Motion for a resolution
Paragraph 2

2. Emphasises that ~~the current legal framework at Union and national level~~ European Union law does not currently provide a suitable legal framework for the establis hin~~sufficient to~~g, functioning and support of a strong pan- European civil society, the existence of which is ~~necessary~~essential for democracy; thus, identifies the need to introduce a new legal form, namely that of European Association, including rules and minimum standards on its establishment, ~~and~~ governance and organisation;

Amendment 370 #

Motion for a resolution
Annex – Part II – Article 6 – paragraph 1

1. Member States shall ensure the simplification, to the extent possible, of national laws, regulations or administrative practices regulating the formation, registration, operations, financing, reporting obligations and cross-border activities of non-profit organisations, in order to eliminate any obstacles which affect the ability of legal or natural persons or groups of such persons, regardless of their nationality, to establish, register or operate in its territory a non-profit organisation.

Amendment 371 #

Motion for a resolution
Annex – Part II – Article 7 – paragraph 1

1. Member States shall take the measures necessary to ensure that the application of national laws, regulations or administrative practices regulating the formation, registration, operations, financing, reporting obligations and cross- border activities of non-profit organisations established, registered or operating in its territory is undertaken by a designated regulatory authority whose powers and functions shall be clearly defined by law and exercised in accordance with the principle of good administration, including as regards the right to have one’s affairs handled impartially, fairly and within a reasonable time.

Amendment 372 #

Motion for a resolution
Annex – Part II – Article 7 – paragraph 2

2. Member States shall take the measures necessary to ensure that non- profit organisations found to be in violation of national laws, regulations or administrative practices regulating the formation, registration, operations, financing and cross-border activities of non-profit organisations be provided with adequate notice about the alleged violation and be given ~~ample~~ opportunity to correct infractions of an administrative nature.

Amendment 373 #

Motion for a resolution
Annex – Part II – Article 7 – paragraph 4

4. Member States shall take the measures necessary to ensure that oversight and supervision of non-profit organisations is undertaken by designated supervisory authorities whose powers and functions shall be clearly defined by law and exercised with independence (free of political interference) in accordance with the right principle to good administration, including as regards the grounds for possible inspections and audits, the procedures, duration and scope of inspections and audits and the powers of inspecting and auditing officers.

Amendment 374 #

Motion for a resolution
Annex – Part II – Article 7 – paragraph 4

4. Member States shall take the measures necessary to ensure that oversight and supervision of non-profit organisations is undertaken by designated supervisory authorities whose powers and functions shall be clearly defined by law and exercised with independence, free of political interference and in accordance with the ~~right~~ principle to good administration, including as regards the grounds for possible inspections and audits, the procedures, duration and scope of inspections and audits and the powers of inspecting and auditing officers.

Amendment 375 #

Motion for a resolution
Annex – Part II – Article 7 – paragraph 4

4. Member States shall take the measures necessary to ensure that oversight and supervision of non-profit organisations is undertaken by designated independent supervisory authorities whose powers and functions shall be clearly defined by law and exercised in accordance with the right principle to good administration, including as regards the grounds for possible inspections and audits, the procedures, duration and scope of inspections and audits and the powers of inspecting and auditing officers.

Amendment 376 #

Motion for a resolution
Annex – Part II – Article 7 – paragraph 4

4. Member States shall take the measures necessary to ensure that oversight and ~~supervis~~registration of non-profit organisations is undertaken by designated ~~supervisory authorit~~bodies whose powers and functions shall be clearly defined by law and exercised in accordance with the right principle to good administration, including as regards the grounds for possible inspections and audits, the procedures, duration and scope of inspections and audits and the powers of inspecting and auditing officers.

Amendment 377 #

Motion for a resolution
Annex – Part II – Article 7 – paragraph 5

5. Member States shall take the measures necessary to ensure that comprehensive and easily understandable information is available to the public as to the national laws, regulations or administrative practices regulating the formation, registration, operations, financing, reporting obligations and cross- border activities of non-profit organisations established, registered or operating in its territory, as well as the competence, procedures and functioning of the competent regulatory and supervisory authorities. ~~This shall include making available such information in a language the natural or legal person concerned understands or is reasonably supposed to understand.~~

Amendment 378 #

Motion for a resolution
Annex – Part II – Article 8 – paragraph 1

1. Member States shall ensure that non-profit organisations, their founders, directors, staff, members, beneficiaries of the activities of the NPOs and all persons seeking to exercise rights related to the formation, registration, operations, financing and cross-border activities of non-profit organisations established, registered or operating in its territory have access to effective complaint mechanisms before a competent independent authority such as an ombudsperson or the national human rights institution in order to seek assistance to assert their rights.

Amendment 379 #

Motion for a resolution
Annex – Part II – Article 8 – paragraph 1

1. Member States shall ensure that non-profit organisations, their founders, directors, staff, members and all persons seeking to exercise rights related to the formation, registration, operations, financing, reporting obligations and cross- border activities of non-profit organisations established, registered or operating in its territory have access to effective complaint mechanisms before a competent independent authority such as an ombudsperson ~~or the national human rights institution~~ in order to seek assistance to assert their rights.

Amendment 38 #

Motion for a resolution
Paragraph 2

Amendment 380 #

Motion for a resolution
Annex – Part II – Article 9 – paragraph 1

(1) Member States shall establish a presumption in favour of the objectives and activities of non-profit organisations, which may be rebutted insofar as they pose a serious threat to ~~public polic~~national security, public security or public order.

Amendment 381 #

Motion for a resolution
Annex – Part II – Article 9 – paragraph 1

1. Member States shall e~~stablish a presumption in favour~~nsure that the lawfulness of their objectives and activities of non-profit organisations, which may only be rebutted insofar as they pose a serious threat to public policy, public security or public order.

Amendment 382 #

Motion for a resolution
Annex – Part II – Article 9 – paragraph 2 a (new)

(2a) The name, address and nationality of the founding members, if they are natural persons, or the name and address of the registered office of the founding members, if they are legal persons;

Amendment 383 #

Motion for a resolution
Annex – Part II – Article 10 – paragraph 1

1. Member States shall ensure that any natural or legal person may apply for membership, where applicable according to the legal form, of a non-profit organisation established, registered or operating in its territory according to that organisation’s statutes and constitutions, and to freely exercise membership rights subject to the organisation’s statutory conditions and regulatory limitations.

Amendment 384 #

Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point a

(a) the organisation’s name and address (registered office);

Amendment 385 #

Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point b

(b) the organisation’s objectives and activities and rights and obligations of its members;

Amendment 386 #

Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point c

(c) the organisation’s governance rules ~~and~~, the powers of its governing bodies and the designation of person(s) who act(s) in its name;

Amendment 387 #

Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point c a (new)

(ca) the date when the statutes were adopted and the name of signatories;

Amendment 388 #

Motion for a resolution
Annex – Part II – Article 11 – paragraph 3

3. Notwithstanding paragraph 2, non- profit organisations may be required to disclose and make public, in their statutes or by other means, further information on their operations, functioning or financing, insofar as this is necessary to genuinely meet an objective of general interest, subject to the principle of proportionality in particular with regards to the objectives and activities of the organisation. Disclosing the members lists of membership-based non-profit organizations shall not be required by state authorities, unless required for the purpose of a criminal investigation concerning criminal offences punishable by a custodial sentence of a maximum of at least onthree years.

Amendment 389 #

Gilles LEBRETON, Jean-Paul GARRAUD, Alessandra BASSO

Motion for a resolution
Annex – Part II – Article 11 – paragraph 3

3. Notwithstanding paragraph 2, non- profit organisations ~~may~~shall be required to disclose and make public, inby their statutes or by ~~other means~~means of annual reporting, further information on their operations, functioning ~~or financing, insofar as this is necessary to genuinely meet an objective of general interest, subject to the principle of proportionality in particular~~, governance representatives and financing, insofar as this meets the objective of general interest, with regards to the objectives and activities of the organisation. Disclosing the members lists of membership-based non-profit organizations shall not be required by state authorities, unless required for the purpose of a criminal investigation concerning criminal offences punishable by a custodial sentence of a maximum of at least one year.

Amendment 39 #

Motion for a resolution
Paragraph 3

~~3. Believes that Union legislation supporting associations and NPOs is also needed for the completion of the single market;~~deleted

Amendment 390 #

Motion for a resolution
Annex – Part II – Article 11 – paragraph 3

3. Notwithstanding paragraph 2, non- profit organisations may be required to disclose and make public, in their statutes or by other means, further information on their operations, functioning or financing, insofar as this is necessary to genuinely meet an objective of general interest, subject to the principle of proportionality in particular with regards to the objectives and activities of the organisation. Disclosing the members lists of membership-based non-profit organizations shall not be required by state authorities, unless required for the purpose of a criminal investigation concerning criminal offences punishable by a maximum custodial sentence of ~~a maximum of~~ at least onthree years.

Amendment 391 #

Motion for a resolution
Annex – Part II – Article 12 – paragraph 5

5. Member States shall ensure that cooperation between natural or legal persons that did not seek to acquire legal personality are not deemed to constitute a non-profit organisation with legal personality for the sole purpose of subjecting them to national laws, regulations or administrative practices and so regulate or affect their operations, financing and cross-border activities, unless there are grounds to maintain that the non-profit organisation is a criminal organisation pursuant to national law or this is necessary for the purpose of the investigation or prosecution of criminal offences punishable by a custodial sentence of a maximum of ~~responsibility punished by~~ at least 3three years.

Amendment 392 #

Motion for a resolution
Annex – Part II – Article 14 – paragraph 1

~~1. Member States shall ensure that formal registration is not a precondition for the formation or operations of non- profit organisations established or operating in its territory.~~deleted

Amendment 393 #

Motion for a resolution
Annex – Part II – Article 13 – paragraph 1

1. Member States shall ensure that formal registration is not a ~~precondition~~n obstacle for the formation or operations of non- profit organisations established or operating in its territory.

Amendment 394 #

Motion for a resolution
Annex – Part II – Article 13 – paragraph 6

6. Member States shall ensure that personal appearance in front of a court or other competent national authority for the purpose of registration of a non-profit organisation only is required when necessary to determine the identity of an applicant.deleted

Amendment 395 #

Motion for a resolution
Annex – Part II – Article 13 – paragraph 8

8. Member States shall maintain a database of registered ~~association~~NPOs that is accessible to the public, including statistical information on the number of accepted and rejected applications with due consideration for data protection principles and the right to privacy.

Amendment 396 #

Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a

(a) the organisation's purpose and actual activities pursue a public benefit objective which serves the welfare of society or of part of it and is thus beneficial for public good, including charitable purposes or political activism, except where this is systematically and directly aimed to benefit the structures of a specific political party. ~~The following purposes shall be considered as oriented towards public benefit, although the list shall not be considered as exclusive:~~

Amendment 397 #

Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a

(a) the organisation’s purpose and actual activities pursue a public benefit objective which serves the welfare of society or of part of it and is thus beneficial for public good, including charitable purposes, public interest advocacy, or political activism, except where this is systematically and directly aimed to benefit the structures of a specific political party. The following purposes shall be considered as oriented towards public benefit, although the list shall not be considered as exclusive:

Amendment 398 #

Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint a

(a) arts, culture or, historical preservation and protection of rural culture;

Amendment 399 #

Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint a a (new)

(aa) the promotion of traditions and customs of national and European identities;

Amendment 4 #

Motion for a resolution
Recital A

A. whereas Article 63 TFEU together with Articles 7, 8 and 12 of the Charter of Fundamental Rights guarantees the freedom of association at all levels and protects non-profit organisations (NPOs) against any discriminatory, unnecessary and unjustified restrictions regarding the financing of their activities4; __________________ 4 ECJ C-78/18

Amendment 40 #

Motion for a resolution
Paragraph 3

3. Believes that Union legislation supporting European cross-border associations and NPOs is also needed for the completion of the single market;

Amendment 400 #

Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint c

Amendment 401 #

Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint d

(d) social ~~justice, including prevention of or relief from poverty~~assistance;

Amendment 402 #

Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint j

(j) education ~~and~~, training and youth engagement;

Amendment 403 #

Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint m

(m) the promotion of amateur sports.

Amendment 404 #

Motion for a resolution
Annex – Part II – Article 16 – paragraph 2

2. Member States shall ensure that involuntary termination, prohibition or dissolution of a non-profit organisation can only be the consequence of infringements of national law that cannot be rectified or remedied.

Amendment 405 #

Motion for a resolution
Annex – Part II – Article 17 – paragraph 2

2. For the purpose of paragraph 1, Member States ~~may~~shall not require non-profit organisations operating in their jurisdiction other proof than the evidence of establishment or registration as a non-profit organisation in another Member State.

Amendment 406 #

Motion for a resolution
Annex – Part II – Article 18

Member States shall ensure that national rules governing non-profit organisations established, registered or operating on their territory do not result in an unjustified discrimination based solely on political desirability of organisation’s purpose, field of activities or sources of financing. Member States shall ensure that national rules governing non-profit organisations established, registered or operating on their territory do not result in an unjustified discrimination based solely on political desirability of organisation´s purpose, field of activities or sources of financing.

Amendment 407 #

Motion for a resolution
Annex – Part II – Article 19 – paragraph 2 – point a

(a) move its ~~seat~~registered office to its territory without the necessity of founding or incorporation as a new legal person;

Amendment 408 #

Motion for a resolution
Annex – Part II – Article 19 – paragraph 2 – point b

(b) have access to a simplified registration procedure which will ~~include~~ recognize the information and documentation already provided by the non-profit organisation to the Member State in which it was previously registered.

Amendment 409 #

Motion for a resolution
Annex – Part II – Article 19 – paragraph 3

3. Member States shall establish the legal form the converted or merged organisation shall take, based on the principle of equivalence.

Amendment 41 #

Motion for a resolution
Paragraph 4

4. Stresses that the fundamental right ofto free association is still not fully supported and promoted under various jurisdictions of the Member States because of the lack of regulation of appropriate organisational forms and lack of regulation of equal treatment of existing forms throughout the Union, on the one hand hindering cross-national activities and projects and mobility of civil society, and on the other hand causing legal uncertainty;

Amendment 410 #

Motion for a resolution
Annex – Part II – Article 19 – paragraph 4 a (new)

4a. Member States shall ensure that neither cross-border conversions nor mergers have the effect to undermine workers’ or trade union rights or working conditions. They shall ensure that the employers’ obligations shall be maintained, including any obligations established in collective agreements. The preferential status of workers with regard to outstanding wages, including in case of dissolution and insolvency, shall be ensured and outstanding wages shall be paid before any other creditors. Workers’ information, consultation and board-level representation rights shall be maintained, and trade unions and workers’ representatives shall be informed and consulted before any conversion or merger.

Amendment 411 #

Motion for a resolution
Annex – Part II – Article 21 – paragraph 1

1. Member States shall remove any obstacles that affect the ability of non- profit organisations established, registered or operating in their territory to solicit, receive, dispose of or donate any resources, including financial, in-kind and material, or solicit or receive human resources, from or to any source including domestic, foreign or international entities, be it public bodies, private individuals or private bodies, that asset allocation across borders is not accompanied by additional bureaucratic burdens and that generating profit for reinvestment in charitable projects is enabled.

Amendment 412 #

Motion for a resolution
Annex – Part II – Article 21 – paragraph 1

1. Member States shall remove any obstacles that affect the ability of non- profit organisations established, registered or operating in their territory to solicit, receive, dispose of or donate any resources, including financial, in-kind and material, or solicit or receive human resources, from or to any source ~~including domestic, foreign or international entities~~, be it public bodies, private individuals or private bodies.

Amendment 413 #

Motion for a resolution
Annex – Part II – Article 21 – paragraph 3 a (new)

3a. Member States shall ensure that asset allocation across borders is less bureaucratic and deductible as well as enable generating of profits for reinvestment in charitable projects.

Amendment 414 #

Motion for a resolution
Annex – Part II – Article 23 – paragraph 1

1. In accordance with Union rules on the free movement of capital, Member States shall ensure that non-profit organisations established, registered or operating in their territory suffer no disadvantage as a direct or indirect consequence of soliciting or receiving funding from European natural or legal persons outside their territory.

Amendment 415 #

Motion for a resolution
Annex – Part II – Article 24

Member States shall ensure that non-profit organisations established, registered or operating in their territory be free to engage in any lawful economic, business or commercial activities provided that such activities support their non-profit objectives or are mission related, subject to the licensing or regulatory requirements generally applicable to the activities concerned pursuant to national laws, regulations and administrative practices.

Amendment 416 #

Motion for a resolution
Annex – Part II – Article 24 – paragraph 2 a (new)

2a. Pursuant to art. 11 (3) a yearly report on the accounts of the non-profit organisations shall be made public, including information on the funding received during the previous calendar year, information on the origin and value of funding, credits, bank loans and donations or uncompensated receipt of cash or property.

Amendment 417 #

Motion for a resolution
Annex – Part II – Article 25 – paragraph 3

3. Member States shall ensure that reporting and transparency obligations applicable to non-profit organisations pursuant to national laws, regulations and administrative practices do not lead to a difference in treatment or any limitations to the rights or obligations of the organisation, based on the sources of the organisation’s funding, its objectives or activities.

Amendment 418 #

Motion for a resolution
Annex – Part II – Article 27 – paragraph 2

2. Member States shall ensure that information concerning membership of a non-profit organisation may only be accessed by a competent authority where such information is necessary for the purpose of the investigation of criminal offences punishable by a maximum custodial sentence ~~of a maximum~~ of at least 3 years.

Amendment 419 #

Motion for a resolution
Annex – Part II – Article 28 – paragraph 1

1. Member States shall ensure that national laws, regulations or administrative practices do not have the effect of requiring non-profit organisations established, registered or operating in their territory to publicly disclose their confidential and sensitive information. This may include personal data relating to the organisation’s staff, volunteers, members, founders or other private parties relating to it, including members of its governing structures ~~or donors~~.

Amendment 42 #

Motion for a resolution
Paragraph 4

4. Stresses that even though the freedom of movement and establishment is embedded in the Treaties, the fundamental right of association is still not fully supported under various jurisdictions of the Member States because of the lack of appropriate organisational forms and lack of equal treatment of existing forms throughout the Union, hindering cross- national projects and mobility of civil society, and causing legal uncertainty;

Amendment 43 #

Motion for a resolution
Paragraph 4

4. Stresses that the fundamental right of association is still not fully supported under various jurisdictions of the Member States because of the lack of appropriate organisational forms and lack of equal treatment of existing forms throughout the Union, hindering cross-national projects, cross-border missions and mobility of civil society, and causing legal uncertainty;

Amendment 44 #

Motion for a resolution
Paragraph 5

5. Regrets the lack of an instrument to further facilitate the freedom of movement ofor associations and NPOs, regardless of where in the Union they have been established, or their members reside, in particular by removing legal and administrative hurdles;

Amendment 45 #

Motion for a resolution
Paragraph 5

5. Regrets the lack of an instrument to further facilitate the free movement of associations and NPOs, regardless of wther Member State in the Union in which they have been established, or their members reside;

Amendment 46 #

Motion for a resolution
Paragraph 6

6. Stresses that due to the lack of harmonisation, NPOs that operate across Europe often face fees, formalities, and administrative and other hurdles, in particular when they rely on cross-border financing, and when relocating to a different Member State; Underlines that these hurdles also lead to a multiplication of workload when needing to follow multiple different administrative procedures in more than one Member State;

Amendment 47 #

Motion for a resolution
Paragraph 6

6. Stresses that due to the lack of harmonisation, NPOs that operate across Europe often face fees, formalities, and administrative and other hurdles, in particular when they rely on cross-border financing, which puts their day-to-day activities at risk and discourages them from extending their missions across borders;

Amendment 48 #

Motion for a resolution
Paragraph 6

6. Stresses that due to regulatory fragmentation and the lack of harmonisation at European level, NPOs that operate across Europe often face a series of unjustified restrictions such as fees, formalities, and administrative and other hurdles, in particular when they rely on cross-border financing;

Amendment 49 #

Motion for a resolution
Paragraph 6

6. Stresses that due to the lack of ~~harmonisation~~approximation of national practices, NPOs that operate across Europe often face disproportionate fees, formalities, and administrative and other hurdles~~, in particular when they rely on cross-border financing~~;

Amendment 5 #

Motion for a resolution
Recital B

B. whereas associations and NPOs are fundamental to representing the interests of citizens and civil society, and often make use of, and promote the freedom of expression, in particular in relation to promoting the public interest;

Amendment 50 #

Motion for a resolution
Paragraph 7

Amendment 51 #

Motion for a resolution
Paragraph 7

7. Stresses that the lack of harmonisation also leads to an uneven playing field due to the different market conditions and other obstacles that NPOs face in different Member States, for example when opening bank accounts, ~~or hiring staff;~~ raising and accounting for foreign funds, or hiring staff, in particular when hiring cross-border which should be facilitated in line with the principle of free movement of workers;

Amendment 52 #

Motion for a resolution
Paragraph 7

7. Stresses that the lack of ~~harmonisation~~approximation of practices also leads to an uneven playing field due to the different market conditions and other obstacles that NPOs face in different Member States, for example when opening bank accounts, or hiring staff or accessing public benefit measures and schemes, or benefitting certain financial or tax treatment;

Amendment 53 #

Motion for a resolution
Paragraph 7

7. Stresses that the ~~lack of harmonis~~current situation also leads to an uneven playing field due to the different market conditions and other obstacles that NPOs face in different Member States, for example when opening bank accounts, or hiring staff;

Amendment 54 #

Motion for a resolution
Paragraph 8

8. Points out that associations and NPOs contribute to innovation, research, economic development, and job creation, in particular, but not limited to, the social, entrepreneurial, technology, and cultural sectors;

Amendment 55 #

Motion for a resolution
Paragraph 8 a (new)

8a. Recognises the contributions of associations and NPOs to strategic goals of the Union, such as combating the climate emergency, tackling the digital transformation, and recovering from the COVID-19 pandemic; Underlines that achieving these goals will be impossible without the contribution of civil society promoting these issues throughout Europe, in particular with regards to the implementation of necessary policy on the local, national, and European level, while respecting the interests and rights of those affected;

Amendment 56 #

Motion for a resolution
Paragraph 9

9. Asks the Commission to create reliable and frequently updated statistical resources, ~~to be included in Eurostat;~~ based on established methodology ensuring transparency and comparability, and to allow for these data to be included in Eurostat; regrets that data are scarcely available or outdated, while the 2017 study commissioned by the EESC, “Recent evolutions of the social economy in the European Union”, states that out of a total of “13.6 million paid employments in cooperatives, mutual societies, associations, foundations and similar entities in the European Union (2014-15)”, 9 million stemmed from employments in associations and foundations1a, making them the number one in employment in the sector before “cooperatives and similar”, and mutual societies, thus highlighting the importance of the availability of more data with a wider aim than at the social economy; __________________ 1a Recent Evolutions of Social Economy, table 7.1, page 68, https://www.eesc.europa.eu/en/our- work/publications-other- work/publications/recent-evolutions- social-economy-study

Amendment 57 #

Motion for a resolution
Paragraph 9

9. Asks the Member States to regularly provide disaggregated data and the Commission to create reliable and frequently updated statistical resources, to be included in Eurostat on cross-border activities and contributions, especially with regard to the single market for philanthropy;

Amendment 58 #

Motion for a resolution
Paragraph 10

10. Regrets that the Commission and the Member States have not brought forward legislation to harmonise the situation of associations and NPOs throughout the EU nor established a statute for a European association despite several attempts, and numerous calls by civil society;deleted

Amendment 59 #

Gilles LEBRETON, Jean-Paul GARRAUD, Alessandra BASSO

Motion for a resolution
Paragraph 10

10. Regrets that despite the importance of associations and non-profit organisations for society, the Commission and the Member States have not brought forward legislation to harmonise their situation ~~of associations and NPOs throughout the EU~~throughout the EU, and to promote the freedom of association for civil society, nor established a statute for a European association despite several attempts, and numerous calls by civil society, and the Parliament;

Amendment 6 #

Motion for a resolution
Recital B

B. whereas associations and NPOs are ~~fundamental to~~involved in representing the interests of citizens and civil society;

Amendment 60 #

Motion for a resolution
Paragraph 10

10. Regrets that the Commission and the Member States have not brought ~~forward legislation to harmonise~~guidance to ensure free flow of capital and freedom of association to strengthen the situation of associations and NPOs throughout the EU nor established a statute for a European association despite several attempts, and numerous calls by civil society;

Amendment 61 #

Motion for a resolution
Paragraph 10

10. Regrets that the Commission and the Member States have not brought forward legislation to ~~harmonise the situ~~ensure free flow of capital and freedom of association ofor associations and NPOs throughout the EU nor established a statute for a European association despite several attempts, and numerous calls by civil society;

Amendment 62 #

Motion for a resolution
Paragraph 10

10. Regrets that the Commission ~~and the Member States have not brought forward legislation to harmonise the situation of associations and NPOs throughout the EU nor~~has not brought guidance to Member States to facilitate cross-border funding of associations and to guarantee the freedom of association nor have the EU institutions established a statute for a European association despite several attempts, and numerous calls by civil society;

Amendment 63 #

Motion for a resolution
Paragraph 10 a (new)

10a. Stresses that associations and NPOs are calling for new tools to facilitate their activities; points out that creating a European statute would enable a significant need to be met and the reality on the ground to be dealt with;

Amendment 64 #

Motion for a resolution
Paragraph 11

11. Considers that, as only certain associations and NPOs are operating in the social economy, the upcoming Social Economy Action Plan, while very much welcomed, needs to be complemented by separate legislative initiatives to cover all associations; the upcoming Social Economy Action Plan, needs to include recommendations on how to overcome barriers of cross-border giving

Amendment 65 #

Motion for a resolution
Paragraph 11

11. Considers that, as only certain associations and NPOs are operating in the social economy, the upcoming Social Economy Action Plan, while very much welcomed, needs to be complemented by separate legislative initiatives to cover all associationsWelcomes the upcoming Social Economy Action Plan, and proposes that it be complemented by appropriate initiatives aimed at supporting associations and NPOs active in the social economy;

Amendment 66 #

Motion for a resolution
Paragraph 11

11. ~~Considers that, as only certain associations and NPOs are operating in the social economy,~~Takes note of the upcoming Social Economy Action Plan~~, while very much welcomed, needs to be complemented by separate legislative initiatives to cover all a~~ and considers that in order to be fully effective it needs to be complemented by a European Association Statute and European benchmarks for Associations; and NPOs

Amendment 67 #

Motion for a resolution
Paragraph 12

12. Considers that, due to their particular character, the proposed legal instruments are to refrain from regulating political parties; furthermore, recalls that the Union respects the status of churches, religious organisations or communities, as well as philosophical or non-confessional organisations under national law; underlines that this does not preclude organisations that only draw from a religious, philosophical or non- confessional inspiration such as faith-based charitable NPOs, from benefitting from the scope of these proposals; points out that trade unions in several Member States are given a special beneficial status ~~and~~, they should therefore be excluded from the proposed instruments but however should be given a choice to make use of the provisions under the proposed instruments, if they so wish; Points out to the fact that NPOs are likewise free to choose to make use of the provisions under the proposed regulation whereas for NPOs, the directive automatically applies;

Amendment 68 #

Motion for a resolution
Paragraph 12

12. Considers that, due to their particular character, the proposed legal instruments are to refrain from regulating political parties; furthermore, recalls that the Union respects the status of churches, religious organisations or communities, as well as philosophical or non-confessional organisations under national law; underlines that this does not preclude organisations that only draw from a religious, philosophical or non- confessional inspiration such as faith-based charitable NPOs, from benefitting from the scope of these proposals; points out that trade unions and other associations with a trade union aim in several Member States are given a special beneficial status and should therefore be given a choice to make use of the provisions under the proposed instruments;

Amendment 69 #

Motion for a resolution
Paragraph 12

12. Considers that, due to their particular character, the proposed legal instruments ~~are to refrain from~~shall not have an impact on the regulatingon of political parties; furthermore, recalls that the Union respects the status of churches, religious organisations or communities, as well as philosophical or non-confessional organisations under national law; underlines that this does not preclude organisations that only draw from a religious, philosophical or non- confessional inspiration such as faith-based charitable NPOs, from benefitting from the scope of these proposals; points out that trade unions in several Member States are given a special beneficial status and should therefore be given a choice to make use of the provisions under the proposed instruments;

Amendment 7 #

Motion for a resolution
Recital B a (new)

Ba. whereas the many challenges faced by the European Union represent a great opportunity for associations and NPOs, particularly in border regions, which comprise nearly 40% of Union territory;

Amendment 70 #