Activities of Jiří POSPÍŠIL related to 2020/2026(INL)
Plenary speeches (1)
A statute for European cross-border associations and non-profit organisations (debate)
Shadow reports (1)
REPORT with recommendations to the Commission on a statute for European cross-border associations and non-profit organisations
Amendments (120)
Amendment 34 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that associations and NPOs lack a legal form at Union level to put the representation of civil society interests on an equal footing with that of commercial undertakings and economic interest groups for which legal form at Union level has long been established but is unfortunately little used;
Amendment 65 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that, as only certain associations and NPOs are operating in the social economy, the upcoming Social Economy Action Plan, while very much welcomed, needs to be complemented by separate legislative initiatives to cover all associationsWelcomes the upcoming Social Economy Action Plan, and proposes that it be complemented by appropriate initiatives aimed at supporting associations and NPOs active in the social economy;
Amendment 74 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is alarmed by the increasing hindrances faced by associations and NPOs across the Union deriving from national laws, regulations or administrative practices or policies,
Amendment 80 #
Motion for a resolution
Paragraph 15
Paragraph 15
15. Emphasizes that NPOs are instrumental for democracy and policy making at all levels; condemns attempts to depoliticise NPOs, such as by refusingthe denial or challenging of their status as public benefit organisation in situations where their activities are not meant to benefit one particular party, and considers such cases to be dangerous for European democracy;
Amendment 86 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Maintains that regulation will only benefitthe benefits of a legal framework for European civil society will be enhanced if NPOs can make use of adequate and easily accessible funding both at national and at European level; points out that public financing of NPOs, is important since they have less access to income from profit-making activities; points out that the own funds requirement should be limi, in this context, the existence of the Citizens, Equality, Rights and Values programme, which is aimed, intedr and non- monetary contributions of NPOs counted as suchlia, at non-profit organisations, and which has a total budget of EUR 641 705 000 in current prices for the 2021-27 programming period.
Amendment 95 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to recognise and promote the public benefit activities of associations and NPOs by harmonising the public benefit status across the EU, also with regard to tax benefits for them and their benefactors, where such benefits exist under national legislationwithin the EU;
Amendment 108 #
Motion for a resolution
Annex I – Part 1 – recital 3
Annex I – Part 1 – recital 3
(3) In pursuing their objectives, many associations play a significant role in the economy and in the development of the internal market, byalso engaginge on a regular basis in economic activity.
Amendment 126 #
Motion for a resolution
Annex – Part I – Article 1 – paragraph 1
Annex – Part I – Article 1 – paragraph 1
1. This Regulation lays down the conditions and procedures governing the formation, governance, registration and regulestablishment and operation of legal entities in the form of a European Association.
Amendment 136 #
Motion for a resolution
Annex – Part I – Article 3 – title
Annex – Part I – Article 3 – title
Amendment 137 #
Motion for a resolution
Annex – Part I – Article 3 – paragraph 1
Annex – Part I – Article 3 – paragraph 1
1. The European Association shall be governed by this regulation and statutes. For matters not dealt with by this Regulation, the European Association shall be governed by the law of the Member State in which the European Association has its registered office.
Amendment 145 #
Motion for a resolution
Annex – Part I – Article 5
Annex – Part I – Article 5
Amendment 148 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 1
Annex – Part I – Article 5 – paragraph 1
Amendment 150 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 2
Annex – Part I – Article 5 – paragraph 2
Amendment 152 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 3
Annex – Part I – Article 5 – paragraph 3
Amendment 153 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 4
Annex – Part I – Article 5 – paragraph 4
Amendment 155 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 5
Annex – Part I – Article 5 – paragraph 5
Amendment 156 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 6
Annex – Part I – Article 5 – paragraph 6
Amendment 158 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 7
Annex – Part I – Article 5 – paragraph 7
Amendment 160 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 8
Annex – Part I – Article 5 – paragraph 8
Amendment 161 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 9
Annex – Part I – Article 5 – paragraph 9
Amendment 162 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 10
Annex – Part I – Article 5 – paragraph 10
Amendment 163 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 11
Annex – Part I – Article 5 – paragraph 11
Amendment 164 #
Motion for a resolution
Annex – Part I – Article 5 – paragraph 12
Annex – Part I – Article 5 – paragraph 12
Amendment 167 #
Motion for a resolution
Annex – Part I – Article 6 – paragraph 1 – point b
Annex – Part I – Article 6 – paragraph 1 – point b
(b) as the result of a conversion into a European Association of an existing entity formed under the law oflegally established in a Member State and, which has its registered office within the Union and which operates across borders or has another cross-border element; or
Amendment 169 #
Motion for a resolution
Annex – Part I – Article 6 – paragraph 1 – point c
Annex – Part I – Article 6 – paragraph 1 – point c
(c) as the result of a merger between at least two entities belonging to the categories identified pursuant to Article 3(2) of this Regulation, formed under the laws of Member States and which have their registered office within the Unionof entities legally established in one or more Member States, provided that at least two of them are governed by the law of different Member States.
Amendment 172 #
Motion for a resolution
Annex – Part I – Article 6 – paragraph 3
Annex – Part I – Article 6 – paragraph 3
3. The formation of a European Association shall be executed by a written agreement between all of the founding members or by written minutes documenting the constitutive meeting signed by all founding members and duly verified if the national law provides it for the formation of associations.
Amendment 175 #
Motion for a resolution
Annex – Part I – Article 7 – paragraph 2
Annex – Part I – Article 7 – paragraph 2
Amendment 178 #
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point b
Annex – Part I – Article 8 – paragraph 2 – point b
(b) a precise statement of the European Association’s objectives and a description of public benefit purposes;
Amendment 180 #
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point d
Annex – Part I – Article 8 – paragraph 2 – point d
(d) the name, address and nationality of the founding members, where these are natural persons, and the assets at the time of formation;
Amendment 184 #
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point h
Annex – Part I – Article 8 – paragraph 2 – point h
(h) the number of board members, provisions governing the appointment to and removdismissal of members from the Board of Directors, the conditions for the initiation of proceedings against members of the Board of Directors on behalf of the European Association, as well as the Board’s functioning, powers and responsibilities, including powers of representation in dealings with third parties;
Amendment 185 #
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point k
Annex – Part I – Article 8 – paragraph 2 – point k
(k) an explicit commitment by the European Association to respect the values of the Union as enshrined in Article 2 TEU and the description of the cross-border element; and
Amendment 187 #
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point l a (new)
Annex – Part I – Article 8 – paragraph 2 – point l a (new)
(la) the date of adoption of the statutes and the procedure for amending them;
Amendment 188 #
Motion for a resolution
Annex – Part I – Article 8 – paragraph 2 – point l b (new)
Annex – Part I – Article 8 – paragraph 2 – point l b (new)
(lb) The statutes shall be in writing and subject to formal requirements of the applicable national law.
Amendment 189 #
Motion for a resolution
Annex – Part I – Article 9 – paragraph 1
Annex – Part I – Article 9 – paragraph 1
1. The registered office of a European Association shall be located within the territory of the Union, at the place specified in its statutes. The registered office shall be located at the place where the European Association has its central administration or the principal place of activities in the EU.
Amendment 192 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1
Annex – Part I – Article 10 – paragraph 1
1. A European Association shall, within 30 days of the date of the European Association's formation as provided for in Article 6, submit an application for registration in the digital e-Registry of European Associations established pursuant to Article 5(6)(a)Each Member State shall designate a register and a body responsible for the management of the register for the purposes of registering European Associations and shall inform the Commission thereof. A European Association shall be registered in the Member State in which it has its registered office.
Amendment 193 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1 a (new)
Annex – Part I – Article 10 – paragraph 1 a (new)
1a. The authority in charge of managing the register shall, after verifying the applicant’s compliance with the requirements, take a decision on the registration of the European Association.
Amendment 194 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1 b (new)
Annex – Part I – Article 10 – paragraph 1 b (new)
1b. No further authorisation from the Member State is required for registration.
Amendment 195 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1 c (new)
Annex – Part I – Article 10 – paragraph 1 c (new)
1c. If, within 30 days of the submission of the application for registration, the application has been rejected or has not been decided upon, the applicant may, within 15 days of receipt of the rejection decision or the expiry of the 30-day period for taking a decision, appeal to the Appeals Committee established under Article 10a. If the Appeals Committee decides within 30 days to approve the application for registration, or if no decision is taken within the same period, the Member State shall proceed with the registration within 15 days of such decision or the expiry of the time limit for taking a decision.
Amendment 196 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1 d (new)
Annex – Part I – Article 10 – paragraph 1 d (new)
1d. Member States shall ensure that information on the registration is communicated to the Publications Office of the European Union and to the Commission within 15 days of the registration. The Publications Office of the European Union shall then ensure that the information is published without delay in the Official Journal of the EU and the Commission shall ensure that it is published in the e-Registry of European Associations, which it shall establish and manage.
Amendment 197 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 1 e (new)
Annex – Part I – Article 10 – paragraph 1 e (new)
1e. Upon publication pursuant to subparagraph 1d, the registration of a European Association shall take effect in the territory of the Union. Member States may provide for the automatic registration of European Associations having their registered office on their territory in the appropriate national registries.
Amendment 198 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 2
Annex – Part I – Article 10 – paragraph 2
Amendment 204 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 3
Annex – Part I – Article 10 – paragraph 3
Amendment 205 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 4
Annex – Part I – Article 10 – paragraph 4
Amendment 207 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 5
Annex – Part I – Article 10 – paragraph 5
Amendment 208 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 6
Annex – Part I – Article 10 – paragraph 6
Amendment 212 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 7
Annex – Part I – Article 10 – paragraph 7
Amendment 214 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 8
Annex – Part I – Article 10 – paragraph 8
Amendment 216 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 9
Annex – Part I – Article 10 – paragraph 9
Amendment 218 #
Motion for a resolution
Annex – Part I – Article 10 – paragraph 10
Annex – Part I – Article 10 – paragraph 10
Amendment 219 #
Motion for a resolution
Annex – Part I – Article 10 a (new)
Annex – Part I – Article 10 a (new)
Article 10a Appeals Committee As from the adoption of this Regulation, an Appeals Committee shall be set up within the Commission, composed of representatives of the Member States and a representative of the Commission. A Commission representative shall be the chair. The Commission shall provide the secretariat. The Appeals Committee shall be convened by its chair and its decisions shall be taken by a qualified majority.
Amendment 221 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 1
Annex – Part I – Article 11 – paragraph 1
1. The registered office of a European Association may be transferred to another Member State in accordance with paragraphs 2 to 12 of this Article. Member States shall ensure unhindered transfer of assets and documents belonging to the European Association transferring its seatregistered office to another Member State. Such transfer shall not result in the European Association being wound up or in the creation of a new legal person or affect any rights and obligations existing before the transfer.
Amendment 222 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 3 – introductory part
Annex – Part I – Article 11 – paragraph 3 – introductory part
3. A proposal under paragraph 2 with the effect on the date of registration in the host Member State shall include details of:
Amendment 223 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 3 – point a
Annex – Part I – Article 11 – paragraph 3 – point a
(a) theintended registered office and proposed for the European Associationname in host Member State;
Amendment 224 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 3 – point a a (new)
Annex – Part I – Article 11 – paragraph 3 – point a a (new)
(aa) name and address in home Member State and the registry number
Amendment 225 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 3 – point b
Annex – Part I – Article 11 – paragraph 3 – point b
(b) the statutes proposed for the European Association including, where applicable, its new titlproposed amended statutes, where appropriate;
Amendment 226 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 6
Annex – Part I – Article 11 – paragraph 6
6. No decision to transfer shall be taken for two months after publication of the proposal. The procedure under Article 10 shall apply mutatis mutandis. Decisions to transfer shall be governed by the conditions laid down for the amendment of the statutes.
Amendment 227 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 8
Annex – Part I – Article 11 – paragraph 8
8. A court, notary or otTher competent authority in the Member State in which the European Association has its registered office shall issue a certificate to acknowledge that the acts and formalities required prior to transfer have been properly completed.
Amendment 228 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 10
Annex – Part I – Article 11 – paragraph 10
Amendment 230 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 11
Annex – Part I – Article 11 – paragraph 11
Amendment 231 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 12
Annex – Part I – Article 11 – paragraph 12
Amendment 232 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 13
Annex – Part I – Article 11 – paragraph 13
Amendment 233 #
Motion for a resolution
Annex – Part I – Article 11 – paragraph 14
Annex – Part I – Article 11 – paragraph 14
14. A European Association which is the subject of dissolution, winding-up, liquidation, insolvency, suspension of payments or other such procedures or if the transfer is against the statutes or would jeopardise the purpose of the European association may not transfer its registered office.
Amendment 234 #
Motion for a resolution
Annex – Part I – Article 12 – paragraph 1
Annex – Part I – Article 12 – paragraph 1
1. A European Association shall acquire legal personality on the day of the publication of its registration as a European Association in the Official Journal of the European Unionte on which it is entered in the national registry.
Amendment 235 #
Motion for a resolution
Annex – Part I – Article 12 – paragraph 1 a (new)
Annex – Part I – Article 12 – paragraph 1 a (new)
1a. European association shall have the legal personality in all Member States.
Amendment 237 #
Motion for a resolution
Annex – Part I – Article 12 – point 4 – point a a (new)
Annex – Part I – Article 12 – point 4 – point a a (new)
(aa) raise funds;
Amendment 238 #
Motion for a resolution
Annex – Part I – Article 12 – paragraph 4 – point b
Annex – Part I – Article 12 – paragraph 4 – point b
(b) receive donations and legacies, including through funding appeals to the public;
Amendment 244 #
Motion for a resolution
Annex – Part I – Article 14 – paragraph 7
Annex – Part I – Article 14 – paragraph 7
7. The Board shall, once a year, draw up a report on the accounts and activities of the European Association, which it shall transmit to the national supervisory authority and to the European Associations Authority. Such annual report shall also be made publicly available by the European Association.
Amendment 252 #
Motion for a resolution
Annex – Part I – Article 17 – title
Annex – Part I – Article 17 – title
Amendment 254 #
Motion for a resolution
Annex – Part I – Article 18 – paragraph 1
Annex – Part I – Article 18 – paragraph 1
1. Any discrimination based on the place where the European Association has its registered officeory treatment of the European Association shall be prohibited.
Amendment 255 #
Motion for a resolution
Annex – Part I – Article 18 – paragraph 2
Annex – Part I – Article 18 – paragraph 2
2. Any European Association which has its registered office on the Member State’s territory is subject to the provisions applicable to the legal entities identified pursuant to Article 3(2) of this Regulationshall receive the same treatment as equivalent national entities.
Amendment 260 #
Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – point a – introductory part
Annex – Part I – Article 19 – paragraph 1 – point a – introductory part
(a) the organisation’s purpose and actual activities pursue a public benefit objective which serves the welfare of society or of part of it, and is thus beneficial for the public good, including charitable, purposes, or political activism, except where this is systematically and directly aimed to benefit the structures of a specific political party. The following purposes shall be considered as oriented towards public benefit. although the list shall not be considered as exclusive:
Amendment 262 #
Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – point a – subpoint d
Annex – Part I – Article 19 – paragraph 1 – point a – subpoint d
(d) social justice, including prevention of or relief from povertyassistance;
Amendment 264 #
Motion for a resolution
Annex – Part I – Article 19 – paragraph 1 – point a – subpoint m
Annex – Part I – Article 19 – paragraph 1 – point a – subpoint m
(m) the promotion of amateur sports.
Amendment 265 #
Motion for a resolution
Annex – Part I – Article 19 – paragraph 3
Annex – Part I – Article 19 – paragraph 3
3. The supervisory authority shall communtake a decision on such an applicateion without delay, and no later than 30 calendar days after the application has been made, a reasoned opinion concerning such application to the European Associits submission. The procedure under Article 10 shall apply mutations Amuthorityandis.
Amendment 266 #
Motion for a resolution
Annex – Part I – Article 19 – paragraph 4
Annex – Part I – Article 19 – paragraph 4
Amendment 267 #
Motion for a resolution
Annex – Part I – Article 19 – paragraph 5
Annex – Part I – Article 19 – paragraph 5
Amendment 268 #
Motion for a resolution
Annex – Part I – Article 19 – paragraph 6
Annex – Part I – Article 19 – paragraph 6
Amendment 269 #
Motion for a resolution
Annex – Part I – Article 19 – paragraph 7
Annex – Part I – Article 19 – paragraph 7
Amendment 270 #
Motion for a resolution
Annex – Part I – Article 21
Annex – Part I – Article 21
Amendment 271 #
Motion for a resolution
Annex – Part I – Article 22 – paragraph 2
Annex – Part I – Article 22 – paragraph 2
2. European Associations shall be subject to the provisions of Union and applicable national law concerning taxation, customs, foreign exchange, money laundering and terrorist financing, as well as to the rules regulating the funding of elections and political parties, as applicable to the legal entities identified pursuant to Article 3(2) of this Regulation in the Member State in which they have their registered office.
Amendment 273 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 1
Annex – Part I – Article 23 – paragraph 1
1. Rules on accounting, including the preparation of budget estimates, annual and consolidated accounts of tThe European Association, shall be regulated by the statutes, subject to the provisions of this Regulation and to the provisions applicable to the legal entities identified pursuant to Article 3(2) of this Regulation in the Member State in which the European Association has its registered officekeep full and accurate records of all financial transactions.
Amendment 274 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 – introductory part
Annex – Part I – Article 23 – paragraph 2 – introductory part
2. Notwithstanding paragraph 1, European Associations shall draw up at least once a year:
Amendment 275 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 – point c a (new)
Annex – Part I – Article 23 – paragraph 2 – point c a (new)
(ca) an annual activity report;
Amendment 276 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 – subparagraph 2
Annex – Part I – Article 23 – paragraph 2 – subparagraph 2
Amendment 279 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 a (new)
Annex – Part I – Article 23 – paragraph 2 a (new)
2a. The annual activity report shall contain at least: (a) information on the activities of the European Association; (b) a description of how the public benefit purpose, if granted to the European Association, was promoted during the financial year; (c) a list of gifts received and given.
Amendment 280 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 2 b (new)
Annex – Part I – Article 23 – paragraph 2 b (new)
2b. The annual accounts of the European Association, duly approved by the governing board, shall be published together with the annual report and the report of the person responsible for auditing the accounts.
Amendment 282 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 3
Annex – Part I – Article 23 – paragraph 3
3. The annual accounts of the European Associations, and, where applicable, their consolidated accounts, shall be audited pursuant to the provisions applicable to the legal entities identified pursuant to Article 3(2) of this Regulation in the Member State in which the European Association has its registered office. The audit shall be carried out at least once every four years and no more than once every two yearsnational law of the Member State in which the European Association has its registered office.
Amendment 284 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 4
Annex – Part I – Article 23 – paragraph 4
4. The report resulting from the audit referred to in paragraph 3 shall be disclosed in the manner provided for by the law of the Member State in which the European Association has its registered office. Where European Associations are not subject, under the law of the Member State in which the European Association has its registered office, to a disclosure requirement, they shall at least make the accounting documents available to the public at its registered office.
Amendment 286 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 5
Annex – Part I – Article 23 – paragraph 5
Amendment 290 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 6
Annex – Part I – Article 23 – paragraph 6
Amendment 292 #
Motion for a resolution
Annex – Part I – Article 23 – paragraph 7
Annex – Part I – Article 23 – paragraph 7
Amendment 296 #
Motion for a resolution
Annex – Part I – Article 24 – paragraph 1
Annex – Part I – Article 24 – paragraph 1
1. The supervisory authority shall consult in a timely manner the supervisory authorities of other Member States within the framework of the European Associations Authority on any substantial issues regarding the lawfulness and liability of European Associations registered in the Member State's territoryEach Member State shall designate a supervisory authority and shall inform the Commission thereof.
Amendment 297 #
Motion for a resolution
Annex – Part I – Article 24 – paragraph 1
Annex – Part I – Article 24 – paragraph 1
1. The supervisory authority shall consult in a timely manner the supervisory authorities of other Member States within the framework of the European Associations Authority on any substantial issues regarding the lawfulness and liability of European Associations registered in the Member State's territory.
Amendment 299 #
Motion for a resolution
Annex – Part I – Article 24 – paragraph 2
Annex – Part I – Article 24 – paragraph 2
Amendment 301 #
Motion for a resolution
Annex – Part I – Article 24 – paragraph 3
Annex – Part I – Article 24 – paragraph 3
Amendment 303 #
Motion for a resolution
Annex – Part I – Article 24 – paragraph 4
Annex – Part I – Article 24 – paragraph 4
Amendment 304 #
Motion for a resolution
Annex – Part I – Article 24 – paragraph 5
Annex – Part I – Article 24 – paragraph 5
Amendment 305 #
Motion for a resolution
Annex – Part I – Article 24 – paragraph 6
Annex – Part I – Article 24 – paragraph 6
6. Effective remedies shall be available to European Associations to challenge decisions taken by the supervisory authoritbody, including the possibility to obtain judicial review of any such decisions.
Amendment 308 #
Motion for a resolution
Annex – Part I – Article 26 – paragraph 2
Annex – Part I – Article 26 – paragraph 2
2. The supervisory authority shall inform the European Associations AuthorityPublications Office of the European Union and the Commission of any dissolution of the European Association pursuant to paragraph 1 no later than 15 calendar days after it has become aware of the dissolution. The European Associations AuthorityPublications Office of the European Union shall, immediately after such notification, publishensure the publication of a notice of dissolution of the European Association in the Official Journal of the European Union and the Commission shall remove the European Association from the digital e-Registry of the Union.
Amendment 309 #
Motion for a resolution
Annex – Part I – Article 27 – paragraph 1 – introductory part
Annex – Part I – Article 27 – paragraph 1 – introductory part
1. A European Aassociation may be dissolved by bindinga final decision of the European Associations Authority, taken on its own initiative or at the request of the supervisory authoritya court of the Member State in which the European Association has its registered office, if:
Amendment 314 #
Motion for a resolution
Annex – Part I – Article 27 – paragraph 2
Annex – Part I – Article 27 – paragraph 2
2. ForIn the purposes of paragraph 1, the supervisory authority shall communicate a reasoned opinion concerning the European Association'sevent of compulsory dissolution to, the European Associations Authority. The European Associations Authority shall, within 30 calendar days of receipt of the opinion of the supervisory authority, adopt a binding decision on the European Association's dissolution. That period may be extended by 30 days in duly motivated cases, where the assessment of the application requires such an extensionprocedure laid down in Section 10 shall apply mutatis mutandis.
Amendment 315 #
Motion for a resolution
Annex – Part I – Article 27 – paragraph 3
Annex – Part I – Article 27 – paragraph 3
Amendment 317 #
Motion for a resolution
Annex – Part I – Article 27 – paragraph 4
Annex – Part I – Article 27 – paragraph 4
Amendment 319 #
Motion for a resolution
Annex – Part I – Article 27 – paragraph 5
Annex – Part I – Article 27 – paragraph 5
Amendment 321 #
Motion for a resolution
Annex – Part I – Article 27 – paragraph 6
Annex – Part I – Article 27 – paragraph 6
6. Upon its publication pursuant to paragraph 5, the dissolution of the European Association shall be effective throughout the territory of the Union.
Amendment 322 #
Motion for a resolution
Annex – Part I – Article 29 – paragraph 1
Annex – Part I – Article 29 – paragraph 1
Amendment 350 #
Motion for a resolution
Annex – Part II – Article 1
Annex – Part II – Article 1
This Directive is aimed at providing a common set of measures for non-profit organisations established in the Union in order to secure an enabling environment in which it is possible for these organisations to contribute to the functioning of the internal market. It approximates the laws of the Member States as regards certain aspects of the objectives and activities, registration, operations, financing and cross-border activities of, regulations and administrative provisions of the Member States relating to non-profit organisations as listed in Annex I.
Amendment 353 #
Motion for a resolution
Annex – Part II – Article 2 – paragraph 2 – introductory part
Annex – Part II – Article 2 – paragraph 2 – introductory part
2. Under this Directive, non-profit organisation refers to any voluntary and permanent grouping of natural or legal persons with a common interest, activity or purposeand/or property association, which, irrespective of the form in which it is established:
Amendment 358 #
Motion for a resolution
Annex – Part II – Article 2 – paragraph 5
Annex – Part II – Article 2 – paragraph 5
5. Trade unions or foundations, associations or other non-profit bodies with a trade union aim, shall be excluded from the scope of this Directive. However, when implementing this Directive, Member States shall ensure that trade unions or foundations, associations or other non-profit bodies with a trade union aim, may decide to fall under the application of parts of the Directive or of the Directive as a whole, if they so wishshall be excluded from the scope of this Directive.
Amendment 362 #
Motion for a resolution
Annex – Part II – Article 2 – paragraph 6
Annex – Part II – Article 2 – paragraph 6
6. Organisations with primarily a religious, philosophical and non- confessional aim shall be excluded from the scope of this Directive. However, this exclusion shall not apply to other organisations without such a specific aim, but inspired by religious, philosophical or non-confessional beliefsReligious associations shall be excluded from the scope of this Directive.
Amendment 365 #
Motion for a resolution
Annex – Part II – Article 5 – paragraph 1
Annex – Part II – Article 5 – paragraph 1
1. Member States shall ensure that no discrimination based on nationalitywith regard to the non- profit organisations established in another Member State derives from national laws, regulations or administrative practices regulating non- profit organisations, including their formation, registration, operations, financing and cross-border activities.
Amendment 384 #
Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point a
Annex – Part II – Article 11 – paragraph 2 – point a
(a) the organisation’s name and address (registered office);
Amendment 385 #
Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point b
Annex – Part II – Article 11 – paragraph 2 – point b
(b) the organisation’s objectives and activities and rights and obligations of its members;
Amendment 386 #
Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point c
Annex – Part II – Article 11 – paragraph 2 – point c
(c) the organisation’s governance rules and, the powers of its governing bodies and the designation of person(s) who act(s) in its name;
Amendment 387 #
Motion for a resolution
Annex – Part II – Article 11 – paragraph 2 – point c a (new)
Annex – Part II – Article 11 – paragraph 2 – point c a (new)
(ca) the date when the statutes were adopted and the name of signatories;
Amendment 393 #
Motion for a resolution
Annex – Part II – Article 13 – paragraph 1
Annex – Part II – Article 13 – paragraph 1
1. Member States shall ensure that formal registration is not a preconditionn obstacle for the formation or operations of non- profit organisations established or operating in its territory.
Amendment 394 #
Motion for a resolution
Annex – Part II – Article 13 – paragraph 6
Annex – Part II – Article 13 – paragraph 6
Amendment 401 #
Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint d
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint d
(d) social justice, including prevention of or relief from povertyassistance;
Amendment 403 #
Motion for a resolution
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint m
Annex – Part II – Article 14 – paragraph 2 – point a – subpoint m
(m) the promotion of amateur sports.
Amendment 407 #
Motion for a resolution
Annex – Part II – Article 19 – paragraph 2 – point a
Annex – Part II – Article 19 – paragraph 2 – point a
(a) move its seatregistered office to its territory without the necessity of founding or incorporation as a new legal person;