6 Amendments of Raffaele STANCANELLI related to 2023/0315(COD)
Amendment 88 #
Proposal for a directive
Recital 18
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. _________________ 40 Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22–30).
Amendment 88 #
Proposal for a directive
Recital 18
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. _________________ 40 Directive (EU) 2018/1673 of the European Parliament and of the Council of 23 October 2018 on combating money laundering by criminal law (OJ L 284, 12.11.2018, p. 22–30).
Amendment 152 #
Proposal for a directive
Article 13 – paragraph 2 – point c
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
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 202 #
Proposal for a directive
Article 29 – paragraph 1
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
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.