Progress: Awaiting Council's 1st reading position
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | JURI | ||
Former Responsible Committee | JURI | LAGODINSKY Sergey ( Verts/ALE) | |
Former Committee Opinion | IMCO | CAVAZZINI Anna ( Verts/ALE) | |
Former Committee Opinion | LIBE |
Lead committee dossier:
Legal Basis:
TFEU 050, TFEU 114
Legal Basis:
TFEU 050, TFEU 114Subjects
Events
The European Parliament adopted by 490 votes to 69, with 64 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on European cross-border associations.
The European Parliament's position adopted at first reading under the ordinary legislative procedure amends the proposal as follows:
Subject matter
The proposed Directive lays down measures coordinating the conditions for establishing and operating ‘ European cross-border associations ’ (ECBAs), in order to facilitate the effective exercise by non-profit associations of their rights related to the freedom of establishment, free movement of capital, freedom to provide and receive services and free movement of goods in the internal market.
Members stated that in order to ensure that the socio-economic potential of non-profit associations and related entities and their contribution to the European integration is fully exploited, all barriers, hindering the cross-border operation of their activities should be removed .
Rules applicable to ECBAs
Member States should ensure that an ECBA shall carry out or have in its statute the objective to carry out activities in at least two Member States and have founding members with links to at least two Member States, either:
- based on citizenship or legal residence in the case of natural persons; or
- based on the location of their registered office in the case of legal entities.
By one year after the entry into force of this Directive and following consultation of stakeholders, including non-profit associations, each Member State should identify the single most similar or most commonly used legal form of non-profit association in its domestic legal order and notify the Commission and the ECBA Committee thereof.
The constitution of an ECBA, including through conversions or mergers, as well as the transfer of an office should not be used to undermine workers’ or trade union rights, representation, consultation or working conditions nor creditors rights, in accordance with applicable Union and national law as well as collective agreements.
Legal personality
Member States should ensure that an ECBA has the right to at least conclude contracts and perform legal acts, be a party to legal proceedings, own movable and immovable property, carry out economic activities, employ staff, receive, solicit and dispose of donations and other funds, participate in public tenders, and apply for public funding. The ECBA should be allowed to do so without the need to register in any Member State other than the home Member State or to fulfil additional administrative requirements other than those required of the identified legal form.
Statutes
The statutes of an ECBA should be provided in writing and include the following information: (i) a detailed description of its objectives, a statement of its non-profit purpose and a description of its cross-border dimension; (ii) a declaration that the ECBA will respect the values of the Union.
Governance
The executive body of an ECBA should be composed of a minimum of three persons, of which at least two persons are natural persons that are Union citizens or legally resident in the Union, or legal entities with a non-profit purpose established in the Union, through their representatives.
Membership
The membership criteria of an ECBA should be regulated by its statutes. Moreover, Member States should ensure that each member of an ECBA has one vote, unless the ECBA decides to allow a differentiation including by making a distinction between full members who can vote and associate members who cannot vote. In all cases, any differentiation in voting rights shall be set out in the statutes.
Judicial review
Member States should ensure access to effective complaint mechanisms in accordance with national law.
Merger of existing non-profit entities into an ECBAs
The amended text included a new article stating that Member States should ensure that two or more existing non-profit entities that are legally established in on or more Member States, can merge into an ECBA where: (a) one or more non-profit entity, on being dissolved without going into liquidation, transfers all its assets and liabilities to another existing ECBA, being the acquiring ECBA; or (b) one or more non-profit entity, on being dissolved without going into liquidation, transfers all its or their assets and liabilities to an ECBA that it or they form, being the newly established ECBA.
Register
Each Member State should designate a national register and responsible public body, for the purposes of registration of ECBAs and should inform the Commission thereof.
Involuntary dissolution
Member States may provide for the involuntary dissolution of an ECBA, provided that the dissolution is preceded by a risk assessment, that it is prescribed by law, appropriate for the attainment of the objective pursued, does not go beyond what is strictly necessary, and that the dissolution is proportionate to the objective pursued, and only on the basis of one of the following reasons:
- a serious threat to public order or public security;
- a flagrant and repeated breach of the values of the Union through its activities;
- a conviction for a particularly serious criminal offence of the ECBA or of the members of its executive body committed in the name, on behalf or for the benefit of the ECBA;
- a conviction for a serious criminal offence of a member of the executive body for a particularly serious criminal offence committed after the creation of the ECBA where participation in the executive body by such person would constitute a threat to public order.
ECBA Committee
The Commission should be assisted by a Committee called the ECBA Committee. The Committee should monitor the implementation of this Directive and promote the exchange of information, experience and best practices as well as the coordination of policy approaches among national governments, competent authorities, and the Commission. The Commission should inform the Council and the European Parliament about the activities of the Committee on an annual basis.
The Committee on Legal Affairs adopted the report by Sergey LAGODINSKY (Greens/EFA, DE) on the proposal for a directive of the European Parliament and of the Council on European cross-border associations.
The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Subject matter
The proposed Directive lays down measures coordinating the conditions for establishing and operating ‘European cross-border associations’ (ECBAs), in order to facilitate the effective exercise by non-profit associations of their rights related to the freedom of establishment, free movement of capital, freedom to provide and receive services and free movement of goods in the internal market.
Rules applicable to ECBAs
By one year after the entry into force of this Directive and following consultation of stakeholders, including non-profit associations, each Member State should identify the single most similar or most commonly used legal form of non-profit association in its domestic legal order and notify the Commission and the ECBA Committee thereof.
The constitution of an ECBA, including through conversions or mergers, as well as the transfer of an office should not be used to undermine workers’ or trade union rights, representation, consultation or working conditions nor creditors rights, in accordance with applicable Union and national law as well as collective agreements.
Governance
The executive body of an ECBA should be composed of a minimum of three persons, of which at least two persons are natural persons that are Union citizens or legally resident in the Union, or legal entities with a non-profit purpose established in the Union, through their representatives.
Membership
The membership criteria of an ECBA should be regulated by its statutes. Moreover, Member States should ensure that each member of an ECBA has one vote, unless the ECBA decides to allow a differentiation including by making a distinction between full members who can vote and associate members who cannot vote. In all cases, any differentiation in voting rights shall be set out in the statutes.
Judicial review
Member States should ensure access to effective complaint mechanisms in accordance with national law.
Merger of existing non-profit entities into an ECBAs
The amended text included a new article stating that Member States should ensure that two or more existing non-profit entities that are legally established in on or more Member States, can merge into an ECBA where: (a) one or more non-profit entity, on being dissolved without going into liquidation, transfers all its assets and liabilities to another existing ECBA, being the acquiring ECBA; or (b) one or more non-profit entity, on being dissolved without going into liquidation, transfers all its or their assets and liabilities to an ECBA that it or they form, being the newly established ECBA.
Register
Each Member State should designate a national register and responsible public body, for the purposes of registration of ECBAs and should inform the Commission thereof.
Involuntary dissolution
Member States may provide for the involuntary dissolution of an ECBA only on the basis of one of the following reasons:
- a flagrant and repeated breach of the values of the Union through its activities;
- a conviction for a particularly serious criminal offence of the ECBA or of the members of its executive body committed in the name, on behalf or for the benefit of the ECBA;
- a conviction for a serious criminal offence of a member of the executive body for a particularly serious criminal offence committed after the creation of the ECBA where participation in the executive body by such person would constitute a threat to public order.
ECBA Committee
The Commission should be assisted by a Committee called the ECBA Committee. The Committee should monitor the implementation of this Directive and promote the exchange of information, experience and best practices as well as the coordination of policy approaches among national governments, competent authorities, and the Commission. The Commission should inform the Council and the European Parliament about the activities of the Committee on an annual basis.
PURPOSE: to remove barriers to the cross-border activities and cross-border mobility of non-profit associations in the internal market operating in more than one Member State.
PROPOSED ACT: Directive of the European Parliament and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.
BACKGROUND: the proposal stems from the European Parliament resolution of 17 February 2022 which provided recommendations to the Commission on a statute for European cross-border associations and non-profit organisations.
Non-profit associations represent the predominant legal form among non-profit organisations in the European Union, with an estimated number of 3.8 million present in EU Member States. Non-profit associations are also the largest in number of the four legal forms traditionally encompassed by the social economy and are active in sectors with a societal impact such as healthcare, social services, social inclusion, culture, sports, research and development, education and training, contributing 2.9% to EU GDP.
Non-profit associations have a positive impact on ensuring social fairness and prosperity for EU citizens and they play a significant role for growth within the internal market. They need a predictable legal framework that allows them to seamlessly conduct their activities, including when conducting them across borders in the internal market.
Currently, non-profit associations and their activities are regulated by specific legislation in 24 Member States in a different manner, creating legal uncertainty and giving rise to different administrative procedures and requirements. Rules on formation, membership and governance impose different requirements. Rules differ also regarding access to capital and difficulties exist when it comes to access financial loans, credits and guarantees within credit institutions.
Not only does this heterogeneity undermine the proper functioning of the internal market, but it also negatively impacts the freedom of association, together with the freedom of expression and information, and, ultimately, hampers non-profit associations to unleash their full potential to generate economic and societal value in the EU.
CONTENT: the proposal for a directive lays down measures coordinating the conditions for establishing and operating “ European cross-border associations ” (ECBAs), with the aim of facilitating the effective exercise by non-profit associations of their rights related to the freedom of establishment, free movement of capital, freedom to provide and receive services and free movement of goods in the internal market.
More specifically, the proposal aims to:
- establish in each Member State a new legal form of non-profit associations specifically designed for cross-border purposes (the ECBA), next to existing national legal forms.
- allow automatic recognition of this new legal form across the Union once an ECBA is registered in one Member State, thanks to the ‘ECBA certificate';
- lay down common rules for ECBAs concerning their statutes, governance and membership;
- lay down the rules on ECBAs’ mobility rights . This concerns specifically the possibility for an ECBA to transfer its registered office without such transfer resulting in the dissolution of the concerned ECBA and the procedure for the transfer of an ECBA’s registered office;
- provide for harmonised rules on transfer of registered office, thus allowing non-profit associations to reap the full benefit of the freedom of establishment and the freedom to provide services, goods, and capital in the Union;
- ensure the ECBA fully enjoys the benefits of the Internal Market regardless of the Member State of registration by having free and non-discriminatory access to public funding in each Member State it operates.
According to the Commission, the proposal should reduce launch costs as well as compliance costs for non-profit associations operating cross-border:
- the excess launch costs for new cross- border operation will be reduced by an estimate of EUR 2 150 per launch. Within the assessed 15-year time frame, this excess cost reduction could potentially amount up to EUR 378 million ;
- the reduction of excess cost linked to cross-border operations (recurrent costs, e.g. administrative and compliance costs) is estimated at EUR 770 million / year . Within the assessed 15-year time frame, cost savings could potentially amount up to of EUR 8.5 billion.
Documents
- Commission response to text adopted in plenary: SP(2024)350
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0147/2024
- Debate in Parliament: Debate in Parliament
- Committee report tabled for plenary, 1st reading: A9-0062/2024
- Economic and Social Committee: opinion, report: CES4411/2023
- Contribution: COM(2023)0516
- Amendments tabled in committee: PE757.307
- Specific opinion: PE754.738
- Contribution: COM(2023)0516
- Contribution: COM(2023)0516
- Contribution: COM(2023)0516
- Committee draft report: PE756.270
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SEC(2023)0306
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0292
- Document attached to the procedure: SWD(2023)0293
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2023)0294
- Legislative proposal published: COM(2023)0516
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: EUR-Lex SEC(2023)0306
- Document attached to the procedure: EUR-Lex SWD(2023)0292
- Document attached to the procedure: SWD(2023)0293
- Document attached to the procedure: EUR-Lex SWD(2023)0294
- Committee draft report: PE756.270
- Specific opinion: PE754.738
- Amendments tabled in committee: PE757.307
- Economic and Social Committee: opinion, report: CES4411/2023
- Commission response to text adopted in plenary: SP(2024)350
- Contribution: COM(2023)0516
- Contribution: COM(2023)0516
- Contribution: COM(2023)0516
- Contribution: COM(2023)0516
Votes
A9-0062/2024 – Sergey Lagodinsky – Commission proposal #
Amendments | Dossier |
270 |
2023/0315(COD)
2023/12/11
JURI
270 amendments...
Amendment 100 #
Proposal for a directive Recital 27 (27) Articles 52, 62 and 65 TFEU and relevant case law also apply to ECBAs. These TFEU Articles provide for the justification of measures restricting the freedom of establishment, freedom to provide services and free movement of capital on grounds including public policy, public security and public health. Furthermore, the concept of ‘overriding reasons in the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law. Measures by Member States that are liable to hinder or make less attractive the exercise of those Treaty freedoms should be permitted only where they can be justified by objectives listed in the Treaty or by overriding reasons in the public interest recognised by Union law. While no exhaustive definition exists, the Court of Justice has recognised that justifications are possible on various grounds such as public policy, public security and public health, the maintenance of order in society, social policy objectives, the protection of the recipients of services, consumer protection, the protection of workers, provided that the other conditions are met. Such measures need, in any event, to be duly motivated, in accordance to Union law, to be proportional and appropriate for ensuring the attainment of the objective in question and not go beyond what is necessary to attain that objective.
Amendment 100 #
Proposal for a directive Recital 27 (27) Articles 52, 62 and 65 TFEU and relevant case law also apply to ECBAs. These TFEU Articles provide for the justification of measures restricting the freedom of establishment, freedom to provide services and free movement of capital on grounds including public policy, public security and public health. Furthermore, the concept of ‘overriding reasons in the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law. Measures by Member States that are liable to hinder or make less attractive the exercise of those Treaty freedoms should be permitted only where they can be justified by objectives listed in the Treaty or by overriding reasons in the public interest recognised by Union law. While no exhaustive definition exists, the Court of Justice has recognised that justifications are possible on various grounds such as public policy, public security and public health, the maintenance of order in society, social policy objectives, the protection of the recipients of services, consumer protection, the protection of workers, provided that the other conditions are met. Such measures need, in any event, to be duly motivated, in accordance to Union law, to be proportional and appropriate for ensuring the attainment of the objective in question and not go beyond what is necessary to attain that objective.
Amendment 101 #
Proposal for a directive Recital 27 (27) Articles 52, 62 and 65 TFEU and relevant case law also apply to ECBAs. These TFEU Articles provide for the justification of measures restricting the freedom of establishment, freedom to provide services and free movement of capital on grounds including public policy, public security and public health. Furthermore, the concept of ‘overriding reasons in the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law. Measures by Member States that are liable to hinder or make less attractive the exercise of those Treaty freedoms should be permitted only where they can be justified by objectives listed in the Treaty or by overriding reasons in the public interest recognised by Union law. While no exhaustive definition exists, the Court of Justice has recognised that justifications are possible on various grounds such as public policy, public security and public health, the maintenance of order in society, social policy objectives, the protection of the recipients of services, consumer protection, the protection of creditors, the protection of workers, provided that the other conditions are met. Such measures need, in any event, to be
Amendment 101 #
Proposal for a directive Recital 27 (27) Articles 52, 62 and 65 TFEU and relevant case law also apply to ECBAs. These TFEU Articles provide for the justification of measures restricting the freedom of establishment, freedom to provide services and free movement of capital on grounds including public policy, public security and public health. Furthermore, the concept of ‘overriding reasons in the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law. Measures by Member States that are liable to hinder or make less attractive the exercise of those Treaty freedoms should be permitted only where they can be justified by objectives listed in the Treaty or by overriding reasons in the public interest recognised by Union law. While no exhaustive definition exists, the Court of Justice has recognised that justifications are possible on various grounds such as public policy, public security and public health, the maintenance of order in society, social policy objectives, the protection of the recipients of services, consumer protection, the protection of creditors, the protection of workers, provided that the other conditions are met. Such measures need, in any event, to be
Amendment 102 #
Proposal for a directive Recital 30 (30) In accordance with the principle of non-discrimination and to ensure equal treatment and the freedom of association, in the implementation and application of this Directive there should be no discrimination against any group or individual on any grounds, such as birth, age, colour, sex and gender, sexual orientation, gender identity, health conditions, immigration or residency status, genetic features, language, national, ethnic or social origin, political or any other opinion, membership of a national minority, physical or mental disability, property, race, religion or belief, or other status.
Amendment 102 #
Proposal for a directive Recital 30 (30) In accordance with the principle of non-discrimination and to ensure equal treatment and the freedom of association, in the implementation and application of this Directive there should be no discrimination against any group or individual on any grounds, such as birth, age, colour, sex and gender, sexual orientation, gender identity, health conditions, immigration or residency status, genetic features, language, national, ethnic or social origin, political or any other opinion, membership of a national minority, physical or mental disability, property, race, religion or belief, or other status.
Amendment 103 #
Proposal for a directive Recital 31 (31) To facilitate the cooperation among Member States and between Member States and the Commission, Member States should designate a competent authority responsible for the application of the rule transposing this Directive (‘competent authority’) and forward this to the Commission. The Commission should publish on its website the list of competent authorities in the Member States and update this where necessary. To have a comprehensive overview of the legal treatment of ECBAs in Member States, Member States should notify the Commission of the names and tasks of relevant authorities, other than the competent authorities, established or designated for the purposes of the national rules applicable to the most similar non- profit association in national law, if applicable.
Amendment 103 #
Proposal for a directive Recital 31 (31) To facilitate the cooperation among Member States and between Member States and the Commission, Member States should designate a competent authority responsible for the application of the rule transposing this Directive (‘competent authority’) and forward this to the Commission. The Commission should publish on its website the list of competent authorities in the Member States and update this where necessary. To have a comprehensive overview of the legal treatment of ECBAs in Member States, Member States should notify the Commission of the names and tasks of relevant authorities, other than the competent authorities, established or designated for the purposes of the national rules applicable to the most similar non- profit association in national law, if applicable.
Amendment 104 #
Proposal for a directive Recital 31 (31) To facilitate the cooperation among Member States and between Member States and the Commission, Member States should designate a competent authority responsible for the application of the rule transposing this Directive (‘competent authority’), which shall be in close contact and inform the Committee, as refered in Article 30 of this Directive. The Commission should publish the list of competent authorities. To have a comprehensive overview of the legal treatment of ECBAs in Member States, Member States should notify the Commission of the names and tasks of relevant authorities, other than the competent authorities, established or designated for the purposes of the national rules applicable to the most similar non- profit association in national law, if applicable.
Amendment 104 #
Proposal for a directive Recital 31 (31) To facilitate the cooperation among Member States and between Member States and the Commission, Member States should designate a competent authority responsible for the application of the rule transposing this Directive (‘competent authority’), which shall be in close contact and inform the Committee, as refered in Article 30 of this Directive. The Commission should publish the list of competent authorities. To have a comprehensive overview of the legal treatment of ECBAs in Member States, Member States should notify the Commission of the names and tasks of relevant authorities, other than the competent authorities, established or designated for the purposes of the national rules applicable to the most similar non- profit association in national law, if applicable.
Amendment 105 #
Proposal for a directive Recital 31 (31) To facilitate the cooperation among Member States and between Member States and the Commission, Member States should designate a competent public authority responsible for the application of the rule transposing this Directive, such as courts, notaries or other authorities (‘competent authority’). The Commission should publish the list of competent authorities. To have a comprehensive overview of the legal treatment of ECBAs in Member States, Member States should notify the Commission of the names and tasks of relevant authorities, other than the competent authorities, established or designated for the purposes of the national rules applicable to the most similar non- profit association in national law, if applicable.
Amendment 105 #
Proposal for a directive Recital 31 (31) To facilitate the cooperation among Member States and between Member States and the Commission, Member States should designate a competent public authority responsible for the application of the rule transposing this Directive, such as courts, notaries or other authorities (‘competent authority’). The Commission should publish the list of competent authorities. To have a comprehensive overview of the legal treatment of ECBAs in Member States, Member States should notify the Commission of the names and tasks of relevant authorities, other than the competent authorities, established or designated for the purposes of the national rules applicable to the most similar non- profit association in national law, if applicable.
Amendment 106 #
Proposal for a directive Recital 33 – paragraph 1 a (new) Where the purpose or the exercise of the activity of an ECBA is manifestly contrary to its declaration of respect for the fundamental values of the European Union, that ECBA should not be eligible for public funding. This restriction should be provided for by the Member States in strict compliance with the principles of equal treatment, non-discrimination and judicial review.
Amendment 106 #
Proposal for a directive Recital 33 – paragraph 1 a (new) Where the purpose or the exercise of the activity of an ECBA is manifestly contrary to its declaration of respect for the fundamental values of the European Union, that ECBA should not be eligible for public funding. This restriction should be provided for by the Member States in strict compliance with the principles of equal treatment, non-discrimination and judicial review.
Amendment 107 #
Proposal for a directive Recital 34 (34) To ensure that ECBAs fully benefit from proper functioning of the internal market, ECBAs should be able to provide and receive services, as well as to engage in trade in goods without
Amendment 107 #
Proposal for a directive Recital 34 (34) To ensure that ECBAs fully benefit from proper functioning of the internal market, ECBAs should be able to provide and receive services, as well as to engage in trade in goods without
Amendment 108 #
Proposal for a directive Recital 35 (35) In order to establish a genuine internal market for non-profit associations, it is necessary to abolish certain restrictions on the freedom of establishment, the free movement of services and the free movement of capital that still apply in the laws of certain Member States. Therefore, Member States should not impose any discriminatory requirements based on the nationality of members of an ECBA or its executive body, except as provided for by this Directive. Nor should Member States provide for any requirement on physical presence of members for the validity of a meeting. To enable ECBAs to enjoy the full benefits of the internal market, Member States should not require the registered office of an ECBA to be in the same Member State as its central administration or the principal place of operations. Member States should also not impose general prohibitions on ECBAs carrying out economic activities, nor only allow them to engage in economic activities if they are linked to an objective set out in an ECBA’s statutes. In line with the right to freedom of expression, Member States should not impose any restrictions or additional requirements with regard to participation in matters of public or political debate, including, inter alia, the organisation of or participation in public interest advocacy, activism, demonstrations, whether carried out on a regular basis or on occasion, as part of the objectives of the ECBA or through its activities, irrespective of whether such participation is perceived or real.
Amendment 108 #
Proposal for a directive Recital 35 (35) In order to establish a genuine internal market for non-profit associations, it is necessary to abolish certain restrictions on the freedom of establishment, the free movement of services and the free movement of capital that still apply in the laws of certain Member States. Therefore, Member States should not impose any discriminatory requirements based on the nationality of members of an ECBA or its executive body, except as provided for by this Directive. Nor should Member States provide for any requirement on physical presence of members for the validity of a meeting. To enable ECBAs to enjoy the full benefits of the internal market, Member States should not require the registered office of an ECBA to be in the same Member State as its central administration or the principal place of operations. Member States should also not impose general prohibitions on ECBAs carrying out economic activities, nor only allow them to engage in economic activities if they are linked to an objective set out in an ECBA’s statutes. In line with the right to freedom of expression, Member States should not impose any restrictions or additional requirements with regard to participation in matters of public or political debate, including, inter alia, the organisation of or participation in public interest advocacy, activism, demonstrations, whether carried out on a regular basis or on occasion, as part of the objectives of the ECBA or through its activities, irrespective of whether such participation is perceived or real.
Amendment 109 #
Proposal for a directive Recital 38 (38) Member States should be entitled to require a registered ECBA to make a declaration, provide information, request or obtain authorisations for engaging in particular activities only where such requirements are (i) applied in a general and non-discriminatory way, (ii) prescribed by law, (iii) justified by overriding reasons in the public interest, (iv) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained. Such requirements may be connected, for example, to the specificities of certain sectors, like healthcare. Where Member States provide for such additional procedures, this information should be made publicly available in a clear and comprehensible manner, as well as easily accesible, in order to ensure that an ECBA is able to comply with these requirements.
Amendment 109 #
Proposal for a directive Recital 38 (38) Member States should be entitled to require a registered ECBA to make a declaration, provide information, request or obtain authorisations for engaging in particular activities only where such requirements are (i) applied in a general and non-discriminatory way, (ii) prescribed by law, (iii) justified by overriding reasons in the public interest, (iv) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained. Such requirements may be connected, for example, to the specificities of certain sectors, like healthcare. Where Member States provide for such additional procedures, this information should be made publicly available in a clear and comprehensible manner, as well as easily accesible, in order to ensure that an ECBA is able to comply with these requirements.
Amendment 110 #
Proposal for a directive Recital 39 (39) To prevent fraud, it is important that Member States verify the identity of the founding members and the legal representatives of the ECBA. The verification of identity is particularly important, especially if the application for registration is conducted electronically. Due to the variety of different practices in Member States, the specific methods of verifying identity should remain in the prerogative of the Member State concerned. This approach provides the necessary flexibility to take account of the specific traditions, specificities and procedures of each State, while ensuring that security and authenticity standards are respected at EU level.
Amendment 110 #
Proposal for a directive Recital 39 (39) To prevent fraud, it is important that Member States verify the identity of the founding members and the legal representatives of the ECBA. The verification of identity is particularly important, especially if the application for registration is conducted electronically. Due to the variety of different practices in Member States, the specific methods of verifying identity should remain in the prerogative of the Member State concerned. This approach provides the necessary flexibility to take account of the specific traditions, specificities and procedures of each State, while ensuring that security and authenticity standards are respected at EU level.
Amendment 111 #
Proposal for a directive Recital 39 (39) To prevent fraud and to ensure the reliability of the register, it is important that Member States verify the identity of the founding members and the legal representatives of the ECBA by means of public preventive control. The verification of identity is particularly important if the application for registration is conducted electronically. Due to the variety of different practices in Member States, the specific methods of verifying identity should remain in the prerogative of the Member State concerned.
Amendment 111 #
Proposal for a directive Recital 39 (39) To prevent fraud and to ensure the reliability of the register, it is important that Member States verify the identity of the founding members and the legal representatives of the ECBA by means of public preventive control. The verification of identity is particularly important if the application for registration is conducted electronically. Due to the variety of different practices in Member States, the specific methods of verifying identity should remain in the prerogative of the Member State concerned.
Amendment 112 #
Proposal for a directive Recital 39 (39) To prevent fraud, it is important that Member States verify the identity of the
Amendment 112 #
Proposal for a directive Recital 39 (39) To prevent fraud, it is important that Member States verify the identity of the
Amendment 113 #
Proposal for a directive Recital 41 (41) Member States should be required to establish a register for the purposes of the registration and for maintaining and publishing information on ECBAs. This register should contain information about ECBAs and the submitted documents. As the information kept in the register may become outdated, Member States should ensure that the ECBA notifies any changes concerning the information on ECBAs to the competent authority and that the information held in the register is updated. Member States should be allowed to make use of their existing national registers and the corresponding register procedures for the purpose of this Directive. In order to ensure transparency especially for members of an ECBA and its creditors, if applicable, the ECBA certificate, the liquidation and the dissolution of an ECBA are pieces of information that should be made publicly available for a maximum of 6 months after the dissolution of an ECBA. The interoperability solutions developed as part of the implementation of the Proposal for a Regulation of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union42 can further support Member States to move towards cross-border interoperability of their registers. To ensure that information about the existence of an ECBA is still available even after its dissolution, all data retained and stored in the register should be kept for 2 years after dissolution.
Amendment 113 #
Proposal for a directive Recital 41 (41) Member States should be required to establish a register for the purposes of the registration and for maintaining and publishing information on ECBAs. This register should contain information about ECBAs and the submitted documents. As the information kept in the register may become outdated, Member States should ensure that the ECBA notifies any changes concerning the information on ECBAs to the competent authority and that the information held in the register is updated. Member States should be allowed to make use of their existing national registers and the corresponding register procedures for the purpose of this Directive. In order to ensure transparency especially for members of an ECBA and its creditors, if applicable, the ECBA certificate, the liquidation and the dissolution of an ECBA are pieces of information that should be made publicly available for a maximum of 6 months after the dissolution of an ECBA. The interoperability solutions developed as part of the implementation of the Proposal for a Regulation of the European Parliament and of the Council laying down measures for a high level of public sector interoperability across the Union42 can further support Member States to move towards cross-border interoperability of their registers. To ensure that information about the existence of an ECBA is still available even after its dissolution, all data retained and stored in the register should be kept for 2 years after dissolution.
Amendment 114 #
Proposal for a directive Recital 45 (45) In compliance with the freedom of assembly and of association, an ECBA should be dissolved only by decision of its members or by a decision of the competent authority of the home Member State. Where the dissolution of an ECBA is the result of a decision of its members, it should be taken by two-thirds of the votes representing at least half of the total of the members
Amendment 114 #
Proposal for a directive Recital 45 (45) In compliance with the freedom of assembly and of association, an ECBA should be dissolved only by decision of its members or by a decision of the competent authority of the home Member State. Where the dissolution of an ECBA is the result of a decision of its members, it should be taken by two-thirds of the votes representing at least half of the total of the members
Amendment 115 #
Proposal for a directive Recital 45 (45) In compliance with the freedom of assembly and of association, an ECBA should be dissolved only by decision of its members or by a decision of the competent authority of the home Member State. Where the dissolution of an ECBA is the result of a decision of its members, it should be taken by two-thirds of the votes representing at least half of the total of the members during an extraordinary meeting. The dissolution of an ECBA may be involuntary by decision of the competent authority of the home Member State of the ECBA, as a last resort, only where an ECBA does not respect its non-profit purpose, where its activities constitute a threat to public order, or where the members of the executive body of an ECBA have been convicted of a particularly serious criminal offence or the ECBA itself has been convicted of a criminal offence, if national law allows for this possibility, or where the ECBA flagrantly fails to comply with its declaration of respect for the fundamental values of the European Union. In this case, the competent authority should communicate to the ECBA a formal notice of its concerns and hear the ECBA in order to give the ECBA the opportunity to reply.
Amendment 115 #
Proposal for a directive Recital 45 (45) In compliance with the freedom of assembly and of association, an ECBA should be dissolved only by decision of its members or by a decision of the competent authority of the home Member State. Where the dissolution of an ECBA is the result of a decision of its members, it should be taken by two-thirds of the votes representing at least half of the total of the members during an extraordinary meeting. The dissolution of an ECBA may be involuntary by decision of the competent authority of the home Member State of the ECBA, as a last resort, only where an ECBA does not respect its non-profit purpose, where its activities constitute a threat to public order, or where the members of the executive body of an ECBA have been convicted of a particularly serious criminal offence or the ECBA itself has been convicted of a criminal offence, if national law allows for this possibility, or where the ECBA flagrantly fails to comply with its declaration of respect for the fundamental values of the European Union. In this case, the competent authority should communicate to the ECBA a formal notice of its concerns and hear the ECBA in order to give the ECBA the opportunity to reply.
Amendment 116 #
Proposal for a directive Recital 47 (47) To enable an ECBA to prove that it has registered within a Member State and to further facilitate cross-border procedures and simplify and reduce formalities, the competent authorities should, as the final step of the registration process, issue a certificate (’ECBA certificate’) which contains the essential registration information, including the name of
Amendment 116 #
Proposal for a directive Recital 47 (47) To enable an ECBA to prove that it has registered within a Member State and to further facilitate cross-border procedures and simplify and reduce formalities, the competent authorities should, as the final step of the registration process, issue a certificate (’ECBA certificate’) which contains the essential registration information, including the name of
Amendment 117 #
Proposal for a directive Recital 48 (48) The notion of ‘particularly serious crime’ should be
Amendment 117 #
Proposal for a directive Recital 48 (48) The notion of ‘particularly serious crime’ should be
Amendment 118 #
Proposal for a directive Recital 49 a (new) (49 a) In accordance with the principles of efficiency and effectiveness of the public adminsitrations the transposition of this Directive should foster the simplification of administrative rules and the reduction of administrative costs and burdens.
Amendment 118 #
Proposal for a directive Recital 49 a (new) (49 a) In accordance with the principles of efficiency and effectiveness of the public adminsitrations the transposition of this Directive should foster the simplification of administrative rules and the reduction of administrative costs and burdens.
Amendment 119 #
Proposal for a directive Article 2 – paragraph 1 – point c (c) “non-profit purpose” means that, regardless of whether the association’s activities are of an economic nature or not, any profits generated are used only in pursuit of the objectives of the ECBA as defined in its statutes and not to be distributed among its members including its governing body, in a direct or indirect manner ;
Amendment 119 #
Proposal for a directive Article 2 – paragraph 1 – point c (c) “non-profit purpose” means that, regardless of whether the association’s activities are of an economic nature or not, any profits generated are used only in pursuit of the objectives of the ECBA as defined in its statutes and not to be distributed among its members including its governing body, in a direct or indirect manner ;
Amendment 120 #
Proposal for a directive Article 2 – paragraph 1 – point d (d) “non-profit association” means a legal entity under national law that is membership-based, self-governed, has a non-profit purpose and has legal personality;
Amendment 120 #
Proposal for a directive Article 2 – paragraph 1 – point d (d) “non-profit association” means a legal entity under national law that is membership-based, self-governed, has a non-profit purpose and has legal personality;
Amendment 121 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “ECBA certificate” means a certificate issued by the competent authority of the home Member State, serving as evidence of the registration of an ECBA and its legal personality and legal capacity.
Amendment 121 #
Proposal for a directive Article 2 – paragraph 1 – point e (e) “ECBA certificate” means a certificate issued by the competent authority of the home Member State, serving as evidence of the registration of an ECBA and its legal personality and legal capacity.
Amendment 122 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) trade unions, political parties
Amendment 122 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) trade unions, political parties
Amendment 123 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) trade unions
Amendment 123 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) trade unions
Amendment 124 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 (new) This Directive does not affect the particular status of churches and other religious organisations and philosophical or non-confessional organisations under national law, within the meaning of Article 17 TFEU, as well as associations of these entities.
Amendment 124 #
Proposal for a directive Article 3 – paragraph 1 – subparagraph 1 (new) This Directive does not affect the particular status of churches and other religious organisations and philosophical or non-confessional organisations under national law, within the meaning of Article 17 TFEU, as well as associations of these entities.
Amendment 125 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall ensure that an ECBA shall have a non-profit purpose and any profits of an ECBA shall be used exclusively for the pursuit of its objectives, as described in its statutes, without any distribution among its members, founders or any other private parties.
Amendment 125 #
Proposal for a directive Article 3 – paragraph 2 2. Member States shall ensure that an ECBA shall have a non-profit purpose and any profits of an ECBA shall be used exclusively for the pursuit of its objectives, as described in its statutes, without any distribution among its members, founders or any other private parties.
Amendment 126 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall ensure that the name of the ECBA shall be preceded or followed by the English acronym ‘ECBA’, followed by its translation into the official language or languages of the Member State of origin.
Amendment 126 #
Proposal for a directive Article 3 – paragraph 4 4. Member States shall ensure that the name of the ECBA shall be preceded or followed by the English acronym ‘ECBA’, followed by its translation into the official language or languages of the Member State of origin.
Amendment 127 #
Proposal for a directive Article 4 – paragraph 4 4.
Amendment 127 #
Proposal for a directive Article 4 – paragraph 4 4.
Amendment 128 #
Proposal for a directive Article 4 – paragraph 4 a (new) 4 a. The rules applicable to ECBAs, including its consitution, shall not undermine worker’s rights or working conditions. In line with applicable collective agreements and national and Union law, worker’s representation shall be respected and will take part in any consultation process in this regard.
Amendment 128 #
Proposal for a directive Article 4 – paragraph 4 a (new) 4 a. The rules applicable to ECBAs, including its consitution, shall not undermine worker’s rights or working conditions. In line with applicable collective agreements and national and Union law, worker’s representation shall be respected and will take part in any consultation process in this regard.
Amendment 129 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that an ECBA acquires legal personality and legal capacity upon registration in accordance with Article 19. Member States shall recognise automatically the legal personality and legal capacity of ECBAs registered in another Member State, without requiring any further registration.
Amendment 129 #
Proposal for a directive Article 5 – paragraph 1 1. Member States shall ensure that an ECBA acquires legal personality and legal capacity upon registration in accordance with Article 19. Member States shall recognise automatically the legal personality and legal capacity of ECBAs registered in another Member State, without requiring any further registration.
Amendment 130 #
Proposal for a directive Article 5 a (new) Article 5a Declaration of respect for the fundamental values of the European Union. Member States shall ensure that the ECBA undertakes to respect the fundamental values of the European Union enshrined in Article 2 of the Treaty on European Union in its subject matter and in the exercise of its activity by signing a declaration to that effect to be submitted at the time of registration in accordance with Article 18.
Amendment 130 #
Proposal for a directive Article 5 a (new) Article 5a Declaration of respect for the fundamental values of the European Union. Member States shall ensure that the ECBA undertakes to respect the fundamental values of the European Union enshrined in Article 2 of the Treaty on European Union in its subject matter and in the exercise of its activity by signing a declaration to that effect to be submitted at the time of registration in accordance with Article 18.
Amendment 131 #
Proposal for a directive Article 6 – paragraph 1 – point b (b) justified by overriding reasons in the public interest; and
Amendment 131 #
Proposal for a directive Article 6 – paragraph 1 – point b (b) justified by overriding reasons in the public interest; and
Amendment 132 #
Proposal for a directive Article 6 – paragraph 1 – point c (c) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained, based on the interpretation of the Member State concerned.
Amendment 132 #
Proposal for a directive Article 6 – paragraph 1 – point c (c) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained, based on the interpretation of the Member State concerned.
Amendment 133 #
Proposal for a directive Article 6 – paragraph 1 – point c (c)
Amendment 133 #
Proposal for a directive Article 6 – paragraph 1 – point c (c)
Amendment 134 #
Proposal for a directive Article 6 – paragraph 1 – point c (c)
Amendment 134 #
Proposal for a directive Article 6 – paragraph 1 – point c (c)
Amendment 135 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. Member States shall ensure that the statutes of an ECBA are in writing, subject to formal requirements of the applicable national law and include the following information:
Amendment 135 #
Proposal for a directive Article 6 – paragraph 2 – introductory part 2. Member States shall ensure that the statutes of an ECBA are in writing, subject to formal requirements of the applicable national law and include the following information:
Amendment 136 #
Proposal for a directive Article 6 – paragraph 2 – point b (b) a detailed description of its objectives
Amendment 136 #
Proposal for a directive Article 6 – paragraph 2 – point b (b) a detailed description of its objectives
Amendment 137 #
Proposal for a directive Article 6 – paragraph 2 – point j (j) provisions governing number, appointment, removal, powers and responsibilities of the members of the executive body;
Amendment 137 #
Proposal for a directive Article 6 – paragraph 2 – point j (j) provisions governing number, appointment, removal, powers and responsibilities of the members of the executive body;
Amendment 138 #
Proposal for a directive Article 6 – paragraph 2 – point l (l) the date of adoption of the statutes and the procedure
Amendment 138 #
Proposal for a directive Article 6 – paragraph 2 – point l (l) the date of adoption of the statutes and the procedure
Amendment 139 #
Proposal for a directive Article 7 – paragraph 1 a (new) 1a. Member States shall ensure that only natural persons who are Union citizens or who legally reside in the Union and legal entities with a non-profit purpose established in the Union, through their representatives, may be members of the decision-making body of an ECBA. The decision-making body of an ECBA is the general meeting of its members. Any member of the ECBA shall have the right to participate in the general meeting or be represented at it, and to vote either directly or through their representative.
Amendment 139 #
Proposal for a directive Article 7 – paragraph 1 a (new) 1a. Member States shall ensure that only natural persons who are Union citizens or who legally reside in the Union and legal entities with a non-profit purpose established in the Union, through their representatives, may be members of the decision-making body of an ECBA. The decision-making body of an ECBA is the general meeting of its members. Any member of the ECBA shall have the right to participate in the general meeting or be represented at it, and to vote either directly or through their representative.
Amendment 140 #
Proposal for a directive Article 7 – paragraph 3 Amendment 140 #
Proposal for a directive Article 7 – paragraph 3 Amendment 141 #
Proposal for a directive Article 10 – paragraph 1 Member States shall ensure that, within the ambit of application of this Directive,
Amendment 141 #
Proposal for a directive Article 10 – paragraph 1 Member States shall ensure that, within the ambit of application of this Directive,
Amendment 142 #
Proposal for a directive Article 10 – paragraph 1 a (new) Each Member State shall ensure that national laws, regulations or administrative acts regulating ECBAs do not discriminate against any group or individual on any grounds, such as birth, age, colour, sex and gender, sexual orientation, gender identity, health conditions, immigration or residency status, genetic features, language, national, ethnic or social origin, political or any other opinion, physical or mental disability, membership of a national minority, property, race, religion or belief, or other status.
Amendment 142 #
Proposal for a directive Article 10 – paragraph 1 a (new) Each Member State shall ensure that national laws, regulations or administrative acts regulating ECBAs do not discriminate against any group or individual on any grounds, such as birth, age, colour, sex and gender, sexual orientation, gender identity, health conditions, immigration or residency status, genetic features, language, national, ethnic or social origin, political or any other opinion, physical or mental disability, membership of a national minority, property, race, religion or belief, or other status.
Amendment 143 #
Proposal for a directive Article 11 – paragraph -1 (new) -1 Member States shall ensure the acces to effective complaint mechanisms and to effective administrative remedies.
Amendment 143 #
Proposal for a directive Article 11 – paragraph -1 (new) -1 Member States shall ensure the acces to effective complaint mechanisms and to effective administrative remedies.
Amendment 144 #
Proposal for a directive Article 11 – paragraph 1 Member States shall ensure that all decisions of competent authorities on their territory affecting the rights and obligations of ECBAs, or the rights and obligations of other persons in connection to the operations of ECBAs, are subject to effective, impartial and independent judicial review, in compliance with Article 47 Charter of Fundamental Rights of the Union.
Amendment 144 #
Proposal for a directive Article 11 – paragraph 1 Member States shall ensure that all decisions of competent authorities on their territory affecting the rights and obligations of ECBAs, or the rights and obligations of other persons in connection to the operations of ECBAs, are subject to effective, impartial and independent judicial review, in compliance with Article 47 Charter of Fundamental Rights of the Union.
Amendment 145 #
Proposal for a directive Article 12 – paragraph 2 – point b (b) justified by overriding reasons in the public interest; and
Amendment 145 #
Proposal for a directive Article 12 – paragraph 2 – point b (b) justified by overriding reasons in the public interest; and
Amendment 146 #
Proposal for a directive Article 12 – paragraph 2 – point c (c) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained, based on the interpretation of the Member State concerned.
Amendment 146 #
Proposal for a directive Article 12 – paragraph 2 – point c (c) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained, based on the interpretation of the Member State concerned.
Amendment 147 #
Proposal for a directive Article 12 – paragraph 2 – point c (c)
Amendment 147 #
Proposal for a directive Article 12 – paragraph 2 – point c (c)
Amendment 148 #
Proposal for a directive Article 12 – paragraph 2 – point c (c)
Amendment 148 #
Proposal for a directive Article 12 – paragraph 2 – point c (c)
Amendment 149 #
Proposal for a directive Article 13 – paragraph 1 a (new) 1a. Without prejudice to Articles 9 to 11, Member States shall provide that public funding sought by an ECBA whose subject matter or activity, or the methods by which that activity is pursued, are incompatible with the declaration of respect for the fundamental values of the European Union referred to in Article 5a shall be refused.
Amendment 149 #
Proposal for a directive Article 13 – paragraph 1 a (new) 1a. Without prejudice to Articles 9 to 11, Member States shall provide that public funding sought by an ECBA whose subject matter or activity, or the methods by which that activity is pursued, are incompatible with the declaration of respect for the fundamental values of the European Union referred to in Article 5a shall be refused.
Amendment 150 #
Proposal for a directive Article 13 – paragraph 2 – introductory part 2. Without prejudice to paragraph 1a, Member States shall not impose any restrictions on an ECBA’s ability to provide or receive funding, including donations, from any lawful source, except to the extent that such restrictions are:
Amendment 150 #
Proposal for a directive Article 13 – paragraph 2 – introductory part 2. Without prejudice to paragraph 1a, Member States shall not impose any restrictions on an ECBA’s ability to provide or receive funding, including donations, from any lawful source, except to the extent that such restrictions are:
Amendment 151 #
Proposal for a directive Article 13 – paragraph 2 – point b (b) justified by overriding reasons in the public interest; and
Amendment 151 #
Proposal for a directive Article 13 – paragraph 2 – point b (b) justified by overriding reasons in the public interest; and
Amendment 152 #
Proposal for a directive Article 13 – paragraph 2 – point c (c) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained. 3.The Member States shall ensure the accountability, public reporting and the transparency of financing and governance structure of the ECBAs, particularly when they receive funds from public sources. 4.The Commission shall issue guidelines no later than 12 months after the entry into force of this Directive, which shall include the following: a) a list of minimum available information the Member States shall request from ECBAs in order to ensure the transparency of their financing and governance; b) best practices on public reporting, transparency of financing and governance structure of the ECBAs; c) ethical guidance for ECBAs to ensure integrity, accountability, and responsible conduct.
Amendment 152 #
Proposal for a directive Article 13 – paragraph 2 – point c (c) appropriate for ensuring the attainment of the objective pursued and do not go beyond what is necessary in order for it to be attained. 3.The Member States shall ensure the accountability, public reporting and the transparency of financing and governance structure of the ECBAs, particularly when they receive funds from public sources. 4.The Commission shall issue guidelines no later than 12 months after the entry into force of this Directive, which shall include the following: a) a list of minimum available information the Member States shall request from ECBAs in order to ensure the transparency of their financing and governance; b) best practices on public reporting, transparency of financing and governance structure of the ECBAs; c) ethical guidance for ECBAs to ensure integrity, accountability, and responsible conduct.
Amendment 153 #
Proposal for a directive Article 13 – paragraph 2 – point c (c)
Amendment 153 #
Proposal for a directive Article 13 – paragraph 2 – point c (c)
Amendment 154 #
Proposal for a directive Article 14 – paragraph 2 – point b (b) justified by overriding reasons in the public interest; and
Amendment 154 #
Proposal for a directive Article 14 – paragraph 2 – point b (b) justified by overriding reasons in the public interest; and
Amendment 155 #
Proposal for a directive Article 14 – paragraph 2 – point c (c) appropriate for ensuring
Amendment 155 #
Proposal for a directive Article 14 – paragraph 2 – point c (c) appropriate for ensuring
Amendment 156 #
Proposal for a directive Article 14 – paragraph 2 – point c (c)
Amendment 156 #
Proposal for a directive Article 14 – paragraph 2 – point c (c)
Amendment 157 #
Proposal for a directive Article 14 – paragraph 2 – point c (c)
Amendment 157 #
Proposal for a directive Article 14 – paragraph 2 – point c (c)
Amendment 158 #
Proposal for a directive Article 15 – paragraph 1 – point g a (new) (g a) restrictions on civic space or additional requirements on freedom of participation or differential treatment in matters of public or political debate, whether carried out on a regular or on an occasional basis as part of the objectives of the ECBA or through its activities, whether perceived or real.
Amendment 158 #
Proposal for a directive Article 15 – paragraph 1 – point g a (new) (g a) restrictions on civic space or additional requirements on freedom of participation or differential treatment in matters of public or political debate, whether carried out on a regular or on an occasional basis as part of the objectives of the ECBA or through its activities, whether perceived or real.
Amendment 159 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall ensure that an ECBA has a minimum of t
Amendment 159 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall ensure that an ECBA has a minimum of t
Amendment 160 #
Proposal for a directive Article 16 – paragraph 3 3. Member States shall ensure that the fo
Amendment 160 #
Proposal for a directive Article 16 – paragraph 3 3. Member States shall ensure that the fo
Amendment 161 #
Proposal for a directive Article 17 – title Conversion of non-profit
Amendment 161 #
Proposal for a directive Article 17 – title Conversion of non-profit
Amendment 162 #
Proposal for a directive Article 17 – title Conversion
Amendment 162 #
Proposal for a directive Article 17 – title Conversion
Amendment 163 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that non-profit associations established in the Union may convert into
Amendment 163 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that non-profit associations established in the Union may convert into
Amendment 164 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that existing non-profit
Amendment 164 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall ensure that existing non-profit
Amendment 165 #
Proposal for a directive Article 17 – paragraph 2 2. Member States
Amendment 165 #
Proposal for a directive Article 17 – paragraph 2 2. Member States
Amendment 166 #
Proposal for a directive Article 17 – paragraph 3 Amendment 166 #
Proposal for a directive Article 17 – paragraph 3 Amendment 167 #
Proposal for a directive Article 17 – paragraph 4 Amendment 167 #
Proposal for a directive Article 17 – paragraph 4 Amendment 168 #
Proposal for a directive Article 17 – paragraph 5 Amendment 168 #
Proposal for a directive Article 17 – paragraph 5 Amendment 169 #
Proposal for a directive Article 17 – paragraph 6 Amendment 169 #
Proposal for a directive Article 17 – paragraph 6 Amendment 170 #
Proposal for a directive Article 17 a (new) Article17a Merger of non profit entities into an ECBA Member States shall ensure that non profit entities legally established in one or more member states, can merge into an ECBA, provided that at least two of them are governed by the law of different Member States.
Amendment 170 #
Proposal for a directive Article 17 a (new) Article17a Merger of non profit entities into an ECBA Member States shall ensure that non profit entities legally established in one or more member states, can merge into an ECBA, provided that at least two of them are governed by the law of different Member States.
Amendment 171 #
Proposal for a directive Article 18 – paragraph 1 – subparagraph 1 – introductory part Member States shall ensure that an application for registration of an ECBA is submitted to the competent authority of the Member State in which the ECBA intends to have its registered office. The application shall be made in the form applicable to the most similar non-profit association in national law and be accompanied by the following documents and information, provided in an official language of that Member State or any other language allowed under the law of that Member State:
Amendment 171 #
Proposal for a directive Article 18 – paragraph 1 – subparagraph 1 – introductory part Member States shall ensure that an application for registration of an ECBA is submitted to the competent authority of the Member State in which the ECBA intends to have its registered office. The application shall be made in the form applicable to the most similar non-profit association in national law and be accompanied by the following documents and information, provided in an official language of that Member State or any other language allowed under the law of that Member State:
Amendment 172 #
Proposal for a directive Article 18 – paragraph 1 – subparagraph 1 – point c (c) the postal address of the intended registered office
Amendment 172 #
Proposal for a directive Article 18 – paragraph 1 – subparagraph 1 – point c (c) the postal address of the intended registered office
Amendment 173 #
Proposal for a directive Article 18 – paragraph 1 – subparagraph 1 – point f a (new) (fa) the declaration of respect for the fundamental values of the European Union referred to in Article 5a, signed by all its founding members.
Amendment 173 #
Proposal for a directive Article 18 – paragraph 1 – subparagraph 1 – point f a (new) (fa) the declaration of respect for the fundamental values of the European Union referred to in Article 5a, signed by all its founding members.
Amendment 174 #
Proposal for a directive Article 18 – paragraph 4 4. Member States shall ensure that the application for registration of an ECBA, including in cases of conversions and mergers, may be submitted online.
Amendment 174 #
Proposal for a directive Article 18 – paragraph 4 4. Member States shall ensure that the application for registration of an ECBA, including in cases of conversions and mergers, may be submitted online.
Amendment 175 #
Proposal for a directive Article 19 – paragraph 2 2. Member States shall ensure that the competent authority of the home Member State notifies, with
Amendment 175 #
Proposal for a directive Article 19 – paragraph 2 2. Member States shall ensure that the competent authority of the home Member State notifies, with
Amendment 176 #
Proposal for a directive Article 19 – paragraph 5 5. Where the competent authority decides to reject the application or has not reached a decision within 30 days of the submission of the complete application, Member States shall ensure that that decision, or the lack of such decision,
Amendment 176 #
Proposal for a directive Article 19 – paragraph 5 5. Where the competent authority decides to reject the application or has not reached a decision within 30 days of the submission of the complete application, Member States shall ensure that that decision, or the lack of such decision,
Amendment 177 #
Proposal for a directive Article 20 – paragraph 1 1. Each Member State shall des
Amendment 177 #
Proposal for a directive Article 20 – paragraph 1 1. Each Member State shall des
Amendment 178 #
Proposal for a directive Article 20 – paragraph 1 1. Each Member State shall establish a national register or use an existing national register for the purposes of registration of ECBAs pursuant to Article 19.
Amendment 178 #
Proposal for a directive Article 20 – paragraph 1 1. Each Member State shall establish a national register or use an existing national register for the purposes of registration of ECBAs pursuant to Article 19.
Amendment 179 #
Proposal for a directive Article 20 – paragraph 2 – point a a (new) (aa) Annual activity reports, which shall contain at least: 1) information on the activities of the European Association; 2) a description of how the public benefit purpose, if granted to the European Association, was promoted during the financial year; 3) a list of gifts received and given.
Amendment 179 #
Proposal for a directive Article 20 – paragraph 2 – point a a (new) (aa) Annual activity reports, which shall contain at least: 1) information on the activities of the European Association; 2) a description of how the public benefit purpose, if granted to the European Association, was promoted during the financial year; 3) a list of gifts received and given.
Amendment 180 #
Proposal for a directive Article 20 – paragraph 5 Amendment 180 #
Proposal for a directive Article 20 – paragraph 5 Amendment 181 #
Proposal for a directive Article 20 – paragraph 6 6. Member States shall ensure that personal data are not retained in the register after the dissolution of an ECBA for longer than
Amendment 181 #
Proposal for a directive Article 20 – paragraph 6 6. Member States shall ensure that personal data are not retained in the register after the dissolution of an ECBA for longer than
Amendment 182 #
Proposal for a directive Article 22 – paragraph 4 – point c (c)
Amendment 182 #
Proposal for a directive Article 22 – paragraph 4 – point c (c)
Amendment 183 #
Proposal for a directive Article 23 – paragraph 1 1.
Amendment 183 #
Proposal for a directive Article 23 – paragraph 1 1.
Amendment 184 #
Proposal for a directive Article 23 – paragraph 1 a (new) 1a. Member States shall ensure that the employees of the ECBA are informed of the possible transfer of the registered office and have the opportunity to comment on it well in advance, at least one month before the planned decision pursuant to paragraph 2.
Amendment 184 #
Proposal for a directive Article 23 – paragraph 1 a (new) 1a. Member States shall ensure that the employees of the ECBA are informed of the possible transfer of the registered office and have the opportunity to comment on it well in advance, at least one month before the planned decision pursuant to paragraph 2.
Amendment 185 #
Proposal for a directive Article 23 – paragraph 2 2. Member States shall ensure that the transfer of the registered office needs to be adopted by the decision-making body of the ECBA
Amendment 185 #
Proposal for a directive Article 23 – paragraph 2 2. Member States shall ensure that the transfer of the registered office needs to be adopted by the decision-making body of the ECBA
Amendment 186 #
Proposal for a directive Article 23 – paragraph 3 – point f (f) a report
Amendment 186 #
Proposal for a directive Article 23 – paragraph 3 – point f (f) a report
Amendment 187 #
Proposal for a directive Article 23 – paragraph 3 – point f a (new) (fa) a report explaining whether and to what extent, if any, the rights of employees will be affected by the transfer:
Amendment 187 #
Proposal for a directive Article 23 – paragraph 3 – point f a (new) (fa) a report explaining whether and to what extent, if any, the rights of employees will be affected by the transfer:
Amendment 188 #
Proposal for a directive Article 23 a (new) Article 23a Protection of creditors 1. Member States shall provide for an adequate system of protection of the interests of creditors whose claims antedate the application for the transfer of the registered office and have not fallen due at the time of such disclosure. Member States shall ensure that creditors who are not satisfied with the safeguards contained in the application for transfer of the registered office referred to in Article 23(3)(f) may, within three months of the publication of the application for transfer of the registered office, apply to the competent administrative or judicial authority for adequate safeguards if they can reliably demonstrate that the satisfaction of their claims will be jeopardised as a result of the transfer of the registered office and that they have not received any adequate safeguards from the company. Member States shall ensure that the safeguards are conditional upon the relocation taking effect. 2. Member States may require that the administrative or management body of the company provide a declaration that accurately reflects its current financial status at a date no earlier than one month before the disclosure of that declaration. The declaration shall state that, on the basis of the information available to the administrative or management body of the company at the date of that declaration, and after having made reasonable enquiries, that administrative or management body is unaware of any reason why the company would, after the conversion takes effect, be unable to meet its liabilities when those liabilities fall due. The declaration shall be published together with the application for transfer. 3. Paragraphs 1 and 2 shall be without prejudice to the application of the law of the departure Member State concerning the satisfaction or securing of pecuniary or non-pecuniary obligations due to public bodies. 4. Member States shall ensure that creditors whose claims antedate the publication of the application for the transfer of the registered office are able to institute proceedings against the company also in the departure Member State within two years of the date the transfer has taken effect, without prejudice to the jurisdiction rules arising from Union or national law or from a contractual agreement. The option of instituting such proceedings shall be in addition to other rules on the choice of jurisdiction that are applicable pursuant to Union law.
Amendment 188 #
Proposal for a directive Article 23 a (new) Article 23a Protection of creditors 1. Member States shall provide for an adequate system of protection of the interests of creditors whose claims antedate the application for the transfer of the registered office and have not fallen due at the time of such disclosure. Member States shall ensure that creditors who are not satisfied with the safeguards contained in the application for transfer of the registered office referred to in Article 23(3)(f) may, within three months of the publication of the application for transfer of the registered office, apply to the competent administrative or judicial authority for adequate safeguards if they can reliably demonstrate that the satisfaction of their claims will be jeopardised as a result of the transfer of the registered office and that they have not received any adequate safeguards from the company. Member States shall ensure that the safeguards are conditional upon the relocation taking effect. 2. Member States may require that the administrative or management body of the company provide a declaration that accurately reflects its current financial status at a date no earlier than one month before the disclosure of that declaration. The declaration shall state that, on the basis of the information available to the administrative or management body of the company at the date of that declaration, and after having made reasonable enquiries, that administrative or management body is unaware of any reason why the company would, after the conversion takes effect, be unable to meet its liabilities when those liabilities fall due. The declaration shall be published together with the application for transfer. 3. Paragraphs 1 and 2 shall be without prejudice to the application of the law of the departure Member State concerning the satisfaction or securing of pecuniary or non-pecuniary obligations due to public bodies. 4. Member States shall ensure that creditors whose claims antedate the publication of the application for the transfer of the registered office are able to institute proceedings against the company also in the departure Member State within two years of the date the transfer has taken effect, without prejudice to the jurisdiction rules arising from Union or national law or from a contractual agreement. The option of instituting such proceedings shall be in addition to other rules on the choice of jurisdiction that are applicable pursuant to Union law.
Amendment 189 #
Proposal for a directive Article 24 – paragraph 1 – introductory part 1. Member States shall ensure that an ECBA shall
Amendment 189 #
Proposal for a directive Article 24 – paragraph 1 – introductory part 1. Member States shall ensure that an ECBA shall
Amendment 190 #
Proposal for a directive Article 24 – paragraph 1 – point a Amendment 190 #
Proposal for a directive Article 24 – paragraph 1 – point a Amendment 191 #
Proposal for a directive Article 24 – paragraph 1 – point b Amendment 191 #
Proposal for a directive Article 24 – paragraph 1 – point b Amendment 192 #
Proposal for a directive Article 24 – paragraph 1 – point c Amendment 192 #
Proposal for a directive Article 24 – paragraph 1 – point c Amendment 193 #
Proposal for a directive Article 25 – paragraph 2 – point b (b) a serious threat to public order or public security caused by the activities of the ECBAs provided that it is preceded by a risk assessment in line with standards of necessity and proportionality;
Amendment 193 #
Proposal for a directive Article 25 – paragraph 2 – point b (b) a serious threat to public order or public security caused by the activities of the ECBAs provided that it is preceded by a risk assessment in line with standards of necessity and proportionality;
Amendment 194 #
Proposal for a directive Article 25 – paragraph 2 – point c Amendment 194 #
Proposal for a directive Article 25 – paragraph 2 – point c Amendment 195 #
Proposal for a directive Article 25 – paragraph 2 – point c a (new) (ca) Flagrant failure to comply with the declaration of respect for the fundamental values of the European Union referred to in Article 5a.
Amendment 195 #
Proposal for a directive Article 25 – paragraph 2 – point c a (new) (ca) Flagrant failure to comply with the declaration of respect for the fundamental values of the European Union referred to in Article 5a.
Amendment 196 #
Proposal for a directive Article 25 – paragraph 4 4. Member States shall ensure that where, after having duly examined the replies by the ECBA pursuant to paragraph 3 of this Article, the competent authority determines that the ECBA must be dissolved because one of the reasons referred to in paragraph 2 of this Article has been ascertained, it shall adopt a written and reasoned decision to that effect. A decision to dissolve an ECBA may only be taken where there are no less restrictive measures capable of addressing the concerns raised by the competent authority.
Amendment 196 #
Proposal for a directive Article 25 – paragraph 4 4. Member States shall ensure that where, after having duly examined the replies by the ECBA pursuant to paragraph 3 of this Article, the competent authority determines that the ECBA must be dissolved because one of the reasons referred to in paragraph 2 of this Article has been ascertained, it shall adopt a written and reasoned decision to that effect. A decision to dissolve an ECBA may only be taken where there are no less restrictive measures capable of addressing the concerns raised by the competent authority.
Amendment 197 #
Proposal for a directive Article 25 – paragraph 5 5. Member States shall ensure that the decision referred to in paragraph 4 of this Article is reasoned, subject to
Amendment 197 #
Proposal for a directive Article 25 – paragraph 5 5. Member States shall ensure that the decision referred to in paragraph 4 of this Article is reasoned, subject to
Amendment 198 #
Proposal for a directive Article 26 – paragraph 2 2. Member States shall ensure that any assets of the dissolved ECBA remaining after financial interests of possible creditors are discounted are transferred to a non-profit entity carrying out a similar activity as the dissolved ECBA or that the assets are transferred to a local authority
Amendment 198 #
Proposal for a directive Article 26 – paragraph 2 2. Member States shall ensure that any assets of the dissolved ECBA remaining after financial interests of possible creditors are discounted are transferred to a non-profit entity carrying out a similar activity as the dissolved ECBA or that the assets are transferred to a local authority
Amendment 199 #
Proposal for a directive Article 27 – paragraph 1 1. Each Member States shall designate
Amendment 199 #
Proposal for a directive Article 27 – paragraph 1 1. Each Member States shall designate
Amendment 200 #
Proposal for a directive Article 27 – paragraph 2 2. Member States shall notify the Commission of the names of the competent authority designated pursuant to paragraph 1. The Commission shall publish on its website a list of the designated competent authorities and update this where necessary.
Amendment 200 #
Proposal for a directive Article 27 – paragraph 2 2. Member States shall notify the Commission of the names of the competent authority designated pursuant to paragraph 1. The Commission shall publish on its website a list of the designated competent authorities and update this where necessary.
Amendment 201 #
Proposal for a directive Article 28 – paragraph 1 1. The competent authorities of Member States shall cooperate with and assist each other, without undue delays, in an effective and efficient way for the purposes of the application of the provisions of this Directive.
Amendment 201 #
Proposal for a directive Article 28 – paragraph 1 1. The competent authorities of Member States shall cooperate with and assist each other, without undue delays, in an effective and efficient way for the purposes of the application of the provisions of this Directive.
Amendment 202 #
Proposal for a directive Article 29 – paragraph 1 By [seven years after transposition deadline] at the latest, and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the transposition and application of this Directive. To that end, the Commission may request, to the extent possible through digital tools, Member States to share aggregated data concerning ECBAs registered in their territory. The report shall in particular take into account: a) Consider the adequacy and the proportionality of the measures; b) Number, size and geography spread of registered cross-border associations/ECBAs in the EU; c) Number of infringement cases in relation to this Directive; d) Quantified cost-benefit analysis of this Directive, including costs for the Member States, the Commission and non-profit associations including non-profit associations that qualify as SMEs; e) Quantified cost reduction for non-profit associations realised due to reduced regulatory and administrative formalities; f) Trend in the number, size and geography spread of registered cross- border associations/ECBAs in the EU, including number of voluntary and involuntary dissolutions; g) Perceived satisfaction of non-profit associations taking up the new legal form of ECBA operating cross-border in the internal market; h) The need for harmonisation of requirements for accounts transparency, annual reports and auditing, especially for the ECBAs receiving financial public support.
Amendment 202 #
Proposal for a directive Article 29 – paragraph 1 By [seven years after transposition deadline] at the latest, and every five years thereafter, the Commission shall report to the European Parliament and to the Council on the transposition and application of this Directive. To that end, the Commission may request, to the extent possible through digital tools, Member States to share aggregated data concerning ECBAs registered in their territory. The report shall in particular take into account: a) Consider the adequacy and the proportionality of the measures; b) Number, size and geography spread of registered cross-border associations/ECBAs in the EU; c) Number of infringement cases in relation to this Directive; d) Quantified cost-benefit analysis of this Directive, including costs for the Member States, the Commission and non-profit associations including non-profit associations that qualify as SMEs; e) Quantified cost reduction for non-profit associations realised due to reduced regulatory and administrative formalities; f) Trend in the number, size and geography spread of registered cross- border associations/ECBAs in the EU, including number of voluntary and involuntary dissolutions; g) Perceived satisfaction of non-profit associations taking up the new legal form of ECBA operating cross-border in the internal market; h) The need for harmonisation of requirements for accounts transparency, annual reports and auditing, especially for the ECBAs receiving financial public support.
Amendment 203 #
Proposal for a directive Article 29 a (new) Article 29a ECBA Committee 1. The Commission shall be assisted by a Committee called the ECBA Committee. The ECBA Committee shall be composed of two representatives of each Member State. The committee shall be chaired by a representative of the Commission. The chair shall not take part in the committee vote. Member States and the Commission shall ensure a gender balance in the composition of national delegations. The Committee shall establish its own rules of procedure and adopt and organise its own operational arrangements. 2. The Committee shall monitor the implementation of this Directive, in particular with regard to the provisions that make reference to this Article. It shall promote the exchange of information, experience and best practices as well as the coordination of policy approaches among national governments and the Commission. 3. The Committee shall prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative. 4. The Committee shall work, as appropriate, in cooperation with other relevant bodies and committees, such as the EU Agency for Fundamental Rights. 5. In fulfilling its mandate, the Committee shall establish a framework for structured civil dialogue with relevant stakeholders and non-profit associations in particular. 6. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 7. The discussions of the Committee shall be governed by Regulation (EC) No 1049/2001 of the European Parliament and of the Council1a. 8. The Council and the European Parliament shall also be informed on a biannual basis regarding the activities of the Committee. _________________ 1a 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).
Amendment 203 #
Proposal for a directive Article 29 a (new) Article 29a ECBA Committee 1. The Commission shall be assisted by a Committee called the ECBA Committee. The ECBA Committee shall be composed of two representatives of each Member State. The committee shall be chaired by a representative of the Commission. The chair shall not take part in the committee vote. Member States and the Commission shall ensure a gender balance in the composition of national delegations. The Committee shall establish its own rules of procedure and adopt and organise its own operational arrangements. 2. The Committee shall monitor the implementation of this Directive, in particular with regard to the provisions that make reference to this Article. It shall promote the exchange of information, experience and best practices as well as the coordination of policy approaches among national governments and the Commission. 3. The Committee shall prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative. 4. The Committee shall work, as appropriate, in cooperation with other relevant bodies and committees, such as the EU Agency for Fundamental Rights. 5. In fulfilling its mandate, the Committee shall establish a framework for structured civil dialogue with relevant stakeholders and non-profit associations in particular. 6. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 7. The discussions of the Committee shall be governed by Regulation (EC) No 1049/2001 of the European Parliament and of the Council1a. 8. The Council and the European Parliament shall also be informed on a biannual basis regarding the activities of the Committee. _________________ 1a 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).
Amendment 204 #
Proposal for a directive Article 30 Amendment 204 #
Proposal for a directive Article 30 Amendment 205 #
Proposal for a directive Article 30 – paragraph 2 a (new) 2 a. The Committee shall establish a framework for structured civil dialogue with relevant stakeholders and non-profit associations in particular.
Amendment 205 #
Proposal for a directive Article 30 – paragraph 2 a (new) 2 a. The Committee shall establish a framework for structured civil dialogue with relevant stakeholders and non-profit associations in particular.
Amendment 206 #
Proposal for a directive Article 30 a (new) Article30a Right to good administration Member States, notwithstanding the rights enshrined in Article 41 of the EU Charter of Fundamental Rights, shall ensure that the administrative procedures and obligations of ECBAs may be submitted online and that their are easily accessible. Member States shall make available the necessary information and support concerning the administrative processes related to ECBAs.
Amendment 206 #
Proposal for a directive Article 30 a (new) Article30a Right to good administration Member States, notwithstanding the rights enshrined in Article 41 of the EU Charter of Fundamental Rights, shall ensure that the administrative procedures and obligations of ECBAs may be submitted online and that their are easily accessible. Member States shall make available the necessary information and support concerning the administrative processes related to ECBAs.
Amendment 207 #
Proposal for a directive Article 31 – paragraph 1 1. Member States shall adopt and publish the laws, regulations, and administrative provisions necessary to comply with this Directive by [
Amendment 207 #
Proposal for a directive Article 31 – paragraph 1 1. Member States shall adopt and publish the laws, regulations, and administrative provisions necessary to comply with this Directive by [
Amendment 208 #
Proposal for a directive Article 31 – paragraph 1 a (new) 1 a. Member States shall engage in a structured dialogue with nonprofit organisations established, registered or operating in their territory in a timely, transparent and meaningful manner about the transposition and implementation of the provisions of this Directive as well as the revision of relevant national provisions. Such structured dialogue shall take place prior to the transposition of this Directive and at least twice a year thereafter.
Amendment 208 #
Proposal for a directive Article 31 – paragraph 1 a (new) 1 a. Member States shall engage in a structured dialogue with nonprofit organisations established, registered or operating in their territory in a timely, transparent and meaningful manner about the transposition and implementation of the provisions of this Directive as well as the revision of relevant national provisions. Such structured dialogue shall take place prior to the transposition of this Directive and at least twice a year thereafter.
Amendment 209 #
Proposal for a directive Article 31 – paragraph 1 a (new) 1 a. Member States shall engage in a dialogue with nonprofit organisations established, registered or operating in their territory in a timely, transparent and meaningful manner about the transposition and implementation of the provisions of this Directive as well as the revision of relevant national provisions. Such dialogue shall take place prior to the transposition of this Directive and at least twice a year thereafter.
Amendment 209 #
Proposal for a directive Article 31 – paragraph 1 a (new) 1 a. Member States shall engage in a dialogue with nonprofit organisations established, registered or operating in their territory in a timely, transparent and meaningful manner about the transposition and implementation of the provisions of this Directive as well as the revision of relevant national provisions. Such dialogue shall take place prior to the transposition of this Directive and at least twice a year thereafter.
Amendment 75 #
Proposal for a directive Recital 2 (2) The elimination of barriers to the development of activities of non-profit associations across Member States is essential in order to attain their freedom of establishment, as well as other fundamental freedoms such as the freedom to provide and receive capital and the freedom to provide and receive services within the internal market. By approximating the provisions of national law which affect the exercise of these freedoms, this Directive serves the objective of improving the functioning of the internal market. In so doing, this Directive will further serve the objectives of strengthening European integration, ensuring equal treatment, promoting social fairness and prosperity for EU citizens and facilitating the effective exercise of the freedom of assembly and of association throughout the Union.
Amendment 75 #
Proposal for a directive Recital 2 (2) The elimination of barriers to the development of activities of non-profit associations across Member States is essential in order to attain their freedom of establishment, as well as other fundamental freedoms such as the freedom to provide and receive capital and the freedom to provide and receive services within the internal market. By approximating the provisions of national law which affect the exercise of these freedoms, this Directive serves the objective of improving the functioning of the internal market. In so doing, this Directive will further serve the objectives of strengthening European integration, ensuring equal treatment, promoting social fairness and prosperity for EU citizens and facilitating the effective exercise of the freedom of assembly and of association throughout the Union.
Amendment 76 #
Proposal for a directive Recital 6 (6) Among the legal forms available in the non-profit sector and the social economy, the legal form of the non-profit association is the choice for the large majority. In addition to contributing to the Union's objectives and to achieving goals that are in the public interest, non-profit associations make an important contribution to the internal market by engaging on a regular basis in a wide range of non-economic and economic activities, for example by offering services in sectors such as social services and health, communication and information, advocacy, culture, the protection of the environment, education, recreation, sports, and in the promotion of scientific and technological advances. This is true when the pursuit of economic activities is the principal activity or objective of the non- profit association, and in other cases.
Amendment 76 #
Proposal for a directive Recital 6 (6) Among the legal forms available in the non-profit sector and the social economy, the legal form of the non-profit association is the choice for the large majority. In addition to contributing to the Union's objectives and to achieving goals that are in the public interest, non-profit associations make an important contribution to the internal market by engaging on a regular basis in a wide range of non-economic and economic activities, for example by offering services in sectors such as social services and health, communication and information, advocacy, culture, the protection of the environment, education, recreation, sports, and in the promotion of scientific and technological advances. This is true when the pursuit of economic activities is the principal activity or objective of the non- profit association, and in other cases.
Amendment 77 #
Proposal for a directive Recital 7 (7) A fully functioning internal market for the activities of non-profit associations is essential in order to promote economic and social growth across Member States. At present,
Amendment 77 #
Proposal for a directive Recital 7 (7) A fully functioning internal market for the activities of non-profit associations is essential in order to promote economic and social growth across Member States. At present,
Amendment 78 #
Proposal for a directive Recital 8 (8) In order to establish a genuine internal market for the economic activities of non-profit associations, it is necessary to abolish any unjustified restrictions and barriers on the freedom of establishment, the free movement of services, the free movement of goods and the free movement of capital that still apply in the laws of certain Member States. These restrictions hinder non-profit associations from operating cross-border, not least because they impose on them a specific need to allocate resources to unnecessary administrative or compliance activities, which has a particularly deterrent effect in view of their non-profit nature. Therefore, Member States should not apply restrictive or disruptive meassures which can amount to excessive or costly burden on non-profit organizations.
Amendment 78 #
Proposal for a directive Recital 8 (8) In order to establish a genuine internal market for the economic activities of non-profit associations, it is necessary to abolish any unjustified restrictions and barriers on the freedom of establishment, the free movement of services, the free movement of goods and the free movement of capital that still apply in the laws of certain Member States. These restrictions hinder non-profit associations from operating cross-border, not least because they impose on them a specific need to allocate resources to unnecessary administrative or compliance activities, which has a particularly deterrent effect in view of their non-profit nature. Therefore, Member States should not apply restrictive or disruptive meassures which can amount to excessive or costly burden on non-profit organizations.
Amendment 79 #
Proposal for a directive Recital 8 (8) In order to establish a genuine internal market for the economic activities of non-profit associations, it is necessary to abolish any unjustified restrictions on the freedom of establishment, the free movement of services, the free movement of goods and the free movement of capital and where applicable their public funding, that still apply in the laws of certain Member States. These restrictions hinder non-profit associations from operating cross-border, not least because they impose on them a specific need to allocate resources to unnecessary administrative or compliance activities, which has a particularly deterrent effect in view of their non-profit nature.
Amendment 79 #
Proposal for a directive Recital 8 (8) In order to establish a genuine internal market for the economic activities of non-profit associations, it is necessary to abolish any unjustified restrictions on the freedom of establishment, the free movement of services, the free movement of goods and the free movement of capital and where applicable their public funding, that still apply in the laws of certain Member States. These restrictions hinder non-profit associations from operating cross-border, not least because they impose on them a specific need to allocate resources to unnecessary administrative or compliance activities, which has a particularly deterrent effect in view of their non-profit nature.
Amendment 80 #
Proposal for a directive Recital 9 (9) These barriers arise due to inconsistencies in the national legal frameworks of Member States. The legal framework in which non-profit associations carry out their activities in the Union is based on national law, without harmonisation at Union level. Presently, non-profit associations do not receive uniform recognition of their legal personality and capacity throughout the Union and often need to follow a host of different administrative procedures in multiple Member States, for example, to register for a second time in another Member State or even to form a new legal entity in order to engage in activities in a Member State other than the one in which they are established. The fundamental elements concerning the mobility of non- profit associations within the Union remain inadequately
Amendment 80 #
Proposal for a directive Recital 9 (9) These barriers arise due to inconsistencies in the national legal frameworks of Member States. The legal framework in which non-profit associations carry out their activities in the Union is based on national law, without harmonisation at Union level. Presently, non-profit associations do not receive uniform recognition of their legal personality and capacity throughout the Union and often need to follow a host of different administrative procedures in multiple Member States, for example, to register for a second time in another Member State or even to form a new legal entity in order to engage in activities in a Member State other than the one in which they are established. The fundamental elements concerning the mobility of non- profit associations within the Union remain inadequately
Amendment 81 #
Proposal for a directive Recital 10 (10) The ability to access and channel funds and capital efficiently across borders is necessary in order to facilitate non-profit associations’ activities in the internal market. Cooperation and the exchange of best practices between non-profit associations from different States can help to increase the efficiency and impact of their actions at European level. By promoting common standards and a cohesive approach, red tape can be reduced and cross-border financial support encouraged in a more fluid and efficient way. This includes remuneration for economic activities, but also donations, inheritance, or other forms of funding. Different regulatory frameworks and existing restrictions in the Member States regarding receiving, soliciting donations, and similar contributions in whatever form result in fragmentation in the internal market and constitute a barrier to the functioning of the internal market.
Amendment 81 #
Proposal for a directive Recital 10 (10) The ability to access and channel funds and capital efficiently across borders is necessary in order to facilitate non-profit associations’ activities in the internal market. Cooperation and the exchange of best practices between non-profit associations from different States can help to increase the efficiency and impact of their actions at European level. By promoting common standards and a cohesive approach, red tape can be reduced and cross-border financial support encouraged in a more fluid and efficient way. This includes remuneration for economic activities, but also donations, inheritance, or other forms of funding. Different regulatory frameworks and existing restrictions in the Member States regarding receiving, soliciting donations, and similar contributions in whatever form result in fragmentation in the internal market and constitute a barrier to the functioning of the internal market.
Amendment 82 #
Proposal for a directive Recital 11 (11) Moreover, laws of certain Member States impose requirements regarding nationality or legal residence on members of non-profit associations or on members of the executive body of such non-profit associations. Such requirements should be eliminated in order to protect the exercise of freedom of establishment and freedom of association of EU citizens, which would encourage the active participation of EU citizens in various non-profit organisations, irrespective of their country of nationality or residence.
Amendment 82 #
Proposal for a directive Recital 11 (11) Moreover, laws of certain Member States impose requirements regarding nationality or legal residence on members of non-profit associations or on members of the executive body of such non-profit associations. Such requirements should be eliminated in order to protect the exercise of freedom of establishment and freedom of association of EU citizens, which would encourage the active participation of EU citizens in various non-profit organisations, irrespective of their country of nationality or residence.
Amendment 83 #
Proposal for a directive Recital 11 a (new) (11 a) Taking into account their particular nature and their non-profit purpose, large part of the activities of non-profit associations may be organized in a non-commercial way and thus be non-economic in nature. Public funding thereof should therefore not be considered by default as State aid.
Amendment 83 #
Proposal for a directive Recital 11 a (new) (11 a) Taking into account their particular nature and their non-profit purpose, large part of the activities of non-profit associations may be organized in a non-commercial way and thus be non-economic in nature. Public funding thereof should therefore not be considered by default as State aid.
Amendment 84 #
Proposal for a directive Recital 11 a (new) (11 a) Taking into account their particular nature and their non-profit purpose, large part of the activities of non-profit associations may be organized in a non-commercial way and thus be non-economic in nature. Public funding thereof should therefore not be considered by default as State aid
Amendment 84 #
Proposal for a directive Recital 11 a (new) (11 a) Taking into account their particular nature and their non-profit purpose, large part of the activities of non-profit associations may be organized in a non-commercial way and thus be non-economic in nature. Public funding thereof should therefore not be considered by default as State aid
Amendment 85 #
Proposal for a directive Recital 11 b (new) (11 b) Taking into account their particular nature and their non-profit purpose, associations managing services of general economic interest or social services must benefit from the provisions laid down in article 106 of the TFEU. Their public funding should therefore not be considered as State aid
Amendment 85 #
Proposal for a directive Recital 11 b (new) (11 b) Taking into account their particular nature and their non-profit purpose, associations managing services of general economic interest or social services must benefit from the provisions laid down in article 106 of the TFEU. Their public funding should therefore not be considered as State aid
Amendment 86 #
Proposal for a directive Recital 14 a (new) (14 a) It should be noted that the nature of cross-border activities within the EU has a wider scope that goes beyond those of associations. These activities can be understood in the sense of proximity cross-border interaction between neighbouring subnational authorities across national boundaries, as it is the case of cross-border cooperation, a successful modality of territorial cooperation (Interreg) with decades of contributions to European integration. For the purpose of this Directive, cross- border activities are circumscribed to the scope of the present legal act, notwithstanding the respective and other possible necessary regulations related to the abovementioned modality of territorial cooperation.
Amendment 86 #
Proposal for a directive Recital 14 a (new) (14 a) It should be noted that the nature of cross-border activities within the EU has a wider scope that goes beyond those of associations. These activities can be understood in the sense of proximity cross-border interaction between neighbouring subnational authorities across national boundaries, as it is the case of cross-border cooperation, a successful modality of territorial cooperation (Interreg) with decades of contributions to European integration. For the purpose of this Directive, cross- border activities are circumscribed to the scope of the present legal act, notwithstanding the respective and other possible necessary regulations related to the abovementioned modality of territorial cooperation.
Amendment 87 #
Proposal for a directive Recital 17 (17) Churches and other religious organisations and philosophical or non- confessional organisations have a particular status in national law, within the meaning of Article 17 TFEU, as well as associations of these entities
Amendment 87 #
Proposal for a directive Recital 17 (17) Churches and other religious organisations and philosophical or non- confessional organisations have a particular status in national law, within the meaning of Article 17 TFEU, as well as associations of these entities
Amendment 88 #
Proposal for a directive Recital 18 (18) The establishment of an ECBA should be the result of an agreement between natural persons that are Union citizens or legally resident third-country nationals, or legal entities established in the Union, except persons that have been convicted of offences concerning money laundering, associated predicate offences40 , or terrorist financing or are subject to measures that prohibit their operations in a Member State on the same grounds. In this regards the proportionate level of accountability, public reporting and the transparency of financing and governance structure should be ensured. In view of the non-profit purpose of the ECBA, where an ECBA is constituted by legal entities, they should also have a non- profit purpose.
Amendment 88 #
Proposal for a directive Recital 18 (18) The establishment of an ECBA should be the result of an agreement between natural persons that are Union citizens or legally resident third-country nationals, or legal entities established in the Union, except persons that have been convicted of offences concerning money laundering, associated predicate offences40 , or terrorist financing or are subject to measures that prohibit their operations in a Member State on the same grounds. In this regards the proportionate level of accountability, public reporting and the transparency of financing and governance structure should be ensured. In view of the non-profit purpose of the ECBA, where an ECBA is constituted by legal entities, they should also have a non- profit purpose.
Amendment 89 #
Proposal for a directive Recital 19 – paragraph 1 The non-profit purpose of an ECBA should mean that, when a profit is generated by means of economic activities, it should be used only in pursuit of the objectives of the ECBA, as defined in its statutes, and may not be redistributed among members, founders or any other private parties. The direct beneficiaries of organisations aimed at providing care services for individuals with specific social needs or health conditions, should not be considered to be private parties. In addition, its governing body must not have any direct or indirect financial interests with the ECBA activities . Therefore, there should be an asset lock requiring that no distribution of assets to members is to take place, even in the event of dissolution. In the latter case, residual assets should be transferred in a disinterested manner, such as to other non-profit associations having the same purpose.
Amendment 89 #
Proposal for a directive Recital 19 – paragraph 1 The non-profit purpose of an ECBA should mean that, when a profit is generated by means of economic activities, it should be used only in pursuit of the objectives of the ECBA, as defined in its statutes, and may not be redistributed among members, founders or any other private parties. The direct beneficiaries of organisations aimed at providing care services for individuals with specific social needs or health conditions, should not be considered to be private parties. In addition, its governing body must not have any direct or indirect financial interests with the ECBA activities . Therefore, there should be an asset lock requiring that no distribution of assets to members is to take place, even in the event of dissolution. In the latter case, residual assets should be transferred in a disinterested manner, such as to other non-profit associations having the same purpose.
Amendment 90 #
Proposal for a directive Recital 19 – paragraph 1 The non-profit purpose of an ECBA should mean that, when a profit is generated by means of economic activities, it should be used only in pursuit of the objectives of the ECBA, as defined in its statutes, and may not be redistributed among members, founders or any other private parties. Therefore, there should be an asset lock requiring that no distribution of assets to members is to take place, even in the event of dissolution. In the latter case, residual assets should be transferred in a disinterested manner, such as to other non- profit associations having the same purpose.
Amendment 90 #
Proposal for a directive Recital 19 – paragraph 1 The non-profit purpose of an ECBA should mean that, when a profit is generated by means of economic activities, it should be used only in pursuit of the objectives of the ECBA, as defined in its statutes, and may not be redistributed among members, founders or any other private parties. Therefore, there should be an asset lock requiring that no distribution of assets to members is to take place, even in the event of dissolution. In the latter case, residual assets should be transferred in a disinterested manner, such as to other non- profit associations having the same purpose.
Amendment 91 #
Proposal for a directive Recital 20 (20) In a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail, ECBAs should pursue objectives that are compatible with the values enshrined in Article 2 of the Treaty on European Union (‘TEU’) such as the respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. In addition,
Amendment 91 #
Proposal for a directive Recital 20 (20) In a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail, ECBAs should pursue objectives that are compatible with the values enshrined in Article 2 of the Treaty on European Union (‘TEU’) such as the respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. In addition,
Amendment 92 #
Proposal for a directive Recital 20 a (new) (20a) The values of the European Union enshrined in Article 2 of the Treaty on European Union should be respected both in the subject matter and in the exercise of the activity of an ECBA, everywhere and at all times. To that end, Member States should require a declaration of respect for the fundamental values of the European Union when registering the ECBA.
Amendment 92 #
Proposal for a directive Recital 20 a (new) (20a) The values of the European Union enshrined in Article 2 of the Treaty on European Union should be respected both in the subject matter and in the exercise of the activity of an ECBA, everywhere and at all times. To that end, Member States should require a declaration of respect for the fundamental values of the European Union when registering the ECBA.
Amendment 93 #
Proposal for a directive Recital 21 (21) The cross-border element of an ECBA is central. Therefore, an ECBA should carry out or have in its statutes the objective to carry out or have in its statutes the objective to carry out at least part of its activities across borders at least part of its activities across borders in the Union, in at least two Member States, and have founding members with links to at least two Member States, either based on citizenship or residence in the case of natural persons, or based on the location of their registered office in the case of legal entities.
Amendment 93 #
Proposal for a directive Recital 21 (21) The cross-border element of an ECBA is central. Therefore, an ECBA should carry out or have in its statutes the objective to carry out or have in its statutes the objective to carry out at least part of its activities across borders at least part of its activities across borders in the Union, in at least two Member States, and have founding members with links to at least two Member States, either based on citizenship or residence in the case of natural persons, or based on the location of their registered office in the case of legal entities.
Amendment 94 #
Proposal for a directive Recital 21 (21) The cross-border and/or transnational element of an ECBA is central. Therefore, an ECBA should carry out or have in its statutes the objective to carry out at least part of its activities across borders in the Union, in at least two Member States, and have founding members with links to at least two Member States, either based on citizenship or residence in the case of natural persons, or based on the location of their registered office in the case of legal entities.
Amendment 94 #
Proposal for a directive Recital 21 (21) The cross-border and/or transnational element of an ECBA is central. Therefore, an ECBA should carry out or have in its statutes the objective to carry out at least part of its activities across borders in the Union, in at least two Member States, and have founding members with links to at least two Member States, either based on citizenship or residence in the case of natural persons, or based on the location of their registered office in the case of legal entities.
Amendment 95 #
Proposal for a directive Recital 24 (24) T
Amendment 95 #
Proposal for a directive Recital 24 (24) T
Amendment 96 #
Proposal for a directive Recital 25 (25) In order to remove legal and administrative barriers for non-profit associations operating in more than one Member State and ensure the proper functioning of the internal market, all Member States should automatically recognise an ECBA’s legal personality and legal capacity. This legal personality and the legal capacity should be granted upon the ECBA’s registration in a Member State. This approach should considerably reduce the administrative burden and time required for the ECBA to start carrying out cross-border activities, thus facilitating an environment conducive to the efficient functioning of non-profit associations at EU level and to their fruitful collaboration.
Amendment 96 #
Proposal for a directive Recital 25 (25) In order to remove legal and administrative barriers for non-profit associations operating in more than one Member State and ensure the proper functioning of the internal market, all Member States should automatically recognise an ECBA’s legal personality and legal capacity. This legal personality and the legal capacity should be granted upon the ECBA’s registration in a Member State. This approach should considerably reduce the administrative burden and time required for the ECBA to start carrying out cross-border activities, thus facilitating an environment conducive to the efficient functioning of non-profit associations at EU level and to their fruitful collaboration.
Amendment 97 #
Proposal for a directive Recital 26 (26) ECBAs should be able to decide freely on their rules of operation. Any limitation on this freedom imposed by a Member State should be applied in a general and non-discriminatory way, prescribed by law, justified by an overriding reason in the public interest, and be appropriate for ensuring the attainment of the objective pursued and not going beyond what is necessary for it to be attained, based on the interpretation of the Member State concerned.
Amendment 97 #
Proposal for a directive Recital 26 (26) ECBAs should be able to decide freely on their rules of operation. Any limitation on this freedom imposed by a Member State should be applied in a general and non-discriminatory way, prescribed by law, justified by an overriding reason in the public interest, and be appropriate for ensuring the attainment of the objective pursued and not going beyond what is necessary for it to be attained, based on the interpretation of the Member State concerned.
Amendment 98 #
Proposal for a directive Recital 27 (27) Articles 52, 62 and 65 TFEU and relevant case law also apply to ECBAs. These TFEU Articles provide for the justification of measures restricting the freedom of establishment, freedom to provide services and free movement of capital on grounds including public policy, public security and public health. Furthermore, the concept of ‘overriding reasons in the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law. Measures by Member States that are liable to hinder or make less attractive the exercise of those Treaty freedoms should be permitted only where they can be justified by objectives listed in the Treaty or by overriding reasons in the public interest recognised by Union law. While no exhaustive definition exists, the Court of Justice has recognised that justifications are possible on various grounds such as public policy, public security and public health, the maintenance of order in society, social policy objectives, the protection of the recipients of services, consumer protection, the protection of workers, provided that the other conditions are met. Such measures need, in any event, to be
Amendment 98 #
Proposal for a directive Recital 27 (27) Articles 52, 62 and 65 TFEU and relevant case law also apply to ECBAs. These TFEU Articles provide for the justification of measures restricting the freedom of establishment, freedom to provide services and free movement of capital on grounds including public policy, public security and public health. Furthermore, the concept of ‘overriding reasons in the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law. Measures by Member States that are liable to hinder or make less attractive the exercise of those Treaty freedoms should be permitted only where they can be justified by objectives listed in the Treaty or by overriding reasons in the public interest recognised by Union law. While no exhaustive definition exists, the Court of Justice has recognised that justifications are possible on various grounds such as public policy, public security and public health, the maintenance of order in society, social policy objectives, the protection of the recipients of services, consumer protection, the protection of workers, provided that the other conditions are met. Such measures need, in any event, to be
Amendment 99 #
Proposal for a directive Recital 27 (27) Articles 52, 62 and 65 TFEU and relevant case law also apply to ECBAs. These TFEU Articles provide for the justification of measures restricting the freedom of establishment, freedom to provide services and free movement of capital on grounds including public policy, public security and public health. Furthermore, the concept of ‘overriding reasons in the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law. Measures by Member States that are liable to hinder or make less attractive the exercise of those Treaty freedoms should be permitted only where they can be justified by objectives listed in the Treaty or by overriding reasons in the public interest recognised by Union law. While no exhaustive definition exists, the Court of Justice has recognised that justifications are possible on various grounds such as public policy, public security and public health, the maintenance of order in society, social policy objectives, the protection of the recipients of services, consumer protection, the protection of workers, provided that the other conditions are met. Such measures need, in any event, to be properly justified, appropriate for ensuring the attainment of the objective in question and not go beyond what is necessary to attain that objective, based on the interpretation of the Member State concerned.
Amendment 99 #
Proposal for a directive Recital 27 (27) Articles 52, 62 and 65 TFEU and relevant case law also apply to ECBAs. These TFEU Articles provide for the justification of measures restricting the freedom of establishment, freedom to provide services and free movement of capital on grounds including public policy, public security and public health. Furthermore, the concept of ‘overriding reasons in the public interest’ to which reference is made in certain provisions of this Directive has been developed by the Court of Justice in its case law. Measures by Member States that are liable to hinder or make less attractive the exercise of those Treaty freedoms should be permitted only where they can be justified by objectives listed in the Treaty or by overriding reasons in the public interest recognised by Union law. While no exhaustive definition exists, the Court of Justice has recognised that justifications are possible on various grounds such as public policy, public security and public health, the maintenance of order in society, social policy objectives, the protection of the recipients of services, consumer protection, the protection of workers, provided that the other conditions are met. Such measures need, in any event, to be properly justified, appropriate for ensuring the attainment of the objective in question and not go beyond what is necessary to attain that objective, based on the interpretation of the Member State concerned.
source: 757.307
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