What changed between the plenary report and the adopted text

Removed:Recital 5 a (new): (5a) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 31 October 2023,

Removed:Regulation (EU) 2018/1724

Added:THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Removed:Regulation (EU) 2018/1724

Added:Having regard to the Treaty on the Functioning of the European Union, and in particular Article 21(2) and Article 114 thereof,

Added:Having regard to the proposal from the European Commission,

Removed:Introduction

Added:After transmission of the draft legislative act to the national parliaments,

Removed:The Commission's proposal for a directive on European cross-border associations (ECBAs) introduces an additional legal form of a European cross-border association (ECBA) in national legal systems of the Member States, which is specifically designed for cross-border purposes and will reduce legal and administrative burden when it comes to the recognition and establishment of non-profit associations engaging in activities in another Member State. Once established in one Member State, an ECBA will be recognised automatically and will be able to engage in activities in all Member States, including economic activities, thereby allowing non-profit associations to unleash their full societal and economic potential in the EU.

Added:Having regard to the opinion of the European Economic and Social Committee,

Removed:With the proposed directive, the Commission also proposed an accompanying Regulation of technical nature amending the Internal Market Information (IMI) system and the Single Digital Gateway (SDG) Regulations, to allow cooperation and exchange of information among competent authorities through the IMI system and to conduct digital operations through the SDG allowing access to information about ECBAs available online.

Added:Acting in accordance with the ordinary legislative procedure,

Removed:Draft report

Added:Whereas:

Removed:The Rapporteur welcomes the Commission proposal to amend the IMI system and SDG for the purpose of establishing and operating ECBAs. The draft report contains only technical changes to enhance the clarity of the text, without modifying the substance. Amongst others, the draft report clarifies that also the exchanges of information between the competent authorities should be established in the IMI system. The opinion of the European Data Protection Supervisor, which was published on 31 October 2023, should be highlighted in a recital.

Added:(1) Directive (EU) of the European Parliament and of the Council on European cross-border associations (COM(2023)516) lays down measures coordinating the conditions for establishing and operating “European cross-border associations” (ECBAs), with the aim of facilitating the effective exercise of freedom of movement of non-profit associations operating in the internal market.

Removed:LETTER OF THE COMMITTEE ON LEGAL AFFAIRS

Added:(2) Pursuant to Article 30(2)28(2) of Directive COM(2023)516, the administrative cooperation and the exchange of information between the competent authorities of the Member States is to be implemented through the Internal Market Information System (‘IMI system’) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council. For that reason, the necessary administrative cooperation procedures and the procedures for the exchange of information between the competent authorities should be established in the IMI system. [Am. 1]

Removed:Ms Anna Cavazzini

Added:(3) In accordance with Articles 2 and 3 of Regulation (EU) 2018/1724 of the European Parliament and of the Council, the single digital gateway shall giveprovides access to information, procedures as well as assistance and problem-solving services to citizens of the Union, natural persons residing in a Member State and legal persons having their registered office in a Member State. The operative part and Annex I of Regulation (EU) 2018/1724 should be amended by this Regulation to ensure that the scope is not understood as limited to citizens and businesses and concerns legal persons other than businesses, such as ECBAs. [Am. 2]

Removed:Chair

Added:(4) Regulation (EU) 2018/1724 of the European Parliament and the Council, which established the single digital gateway, provides for general rules for the online provision of information, procedures and assistance services relevant for the functioning of the internal market. The procedures covered by this Regulation should comply with the requirements of Regulation (EU) 2018/1724 so as to ensure that any ECBA can benefit from fully online procedures and the cross-border automated exchange of evidence, in accordance with the once-only principle. These procedures encompass the application for registration of an ECBA and the procedure of transfer of registered office of an ECBA.

Removed:Committee on the Internal Market and Consumer Protection

Added:(5) Regulations (EU) No 1024/2012 and (EU) 2018/1724 should therefore be amended accordingly,

Removed:BRUSSELS

Added:(5a) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 31 October 2023, [Am. 3]

Removed:Subject: Opinion on a Proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1024/2012 and (EU) 2018/1724 as regards the use of the Internal Market Information System and the Single Digital Gateway for the purposes of certain requirements laid down by the Directive of the European Parliament and of the Council on European cross-border associations (COM(2023)516 – C90327/2023 – (2023)0314(COD))

Added:HAVE ADOPTED THIS REGULATION:

Removed:Dear Madam Chair,

Added:Article 1 Amendment to Regulation (EU) No 1024/2012

Removed:At the meeting of 23 October 2023, the Coordinators of the Committee on Legal Affairs decided to give an opinion, in accordance with Rule 56+ of the Rules of Procedure, on the proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) No 1024/2012 and (EU) 2018/1724 as regards the use of the Internal Market Information System and the Single Digital Gateway for the purposes of certain requirements laid down by Directive (EU) .../... of the European Parliament and of the Council on European cross-border associations. The opinion was attributed to the Greens/EFA Group and Mr Sergey Lagodinsky was nominated the Rapporteur. However, in order to respect the timetable of the IMCO Committee as well as following the rather technical, concise and uncontroversial nature of the proposal, the Coordinators decided on 29 November to change the format of the opinion under Rule 56+ into a letter while keeping the same Rapporteur.

Added:In the Annex to Regulation (EU) No 1024/2012, the following new point (16) is added:

Removed:Suggestions:

Added:‘16. Directive (EU) of the European Parliament and of the Council on European cross-border associations (COM(2023)516) *: Article 19(2), Article 19(4), Article 23(5), Article 23(6), Article 23(7), Article 24(3), Article 25(6), Article 27.’

Removed:At its meeting of 11 December 2023, the Committee on Legal Affairs accordingly decided, by 18 votes in favour, 0 votes against and no abstentions, to call on the Committee on the Internal Market and Consumer Protection, as the committee responsible, to take into account the elements outlined in this opinion, when preparing their report.

Added:____________________

Removed:The proposed regulation accompanies the proposal for a Directive on European Cross-border Association (ECBAs), and should support an efficient administrative cooperation and the exchange of information between the competent authorities of the Member States with regards to ECBA in order to contribute to the implementation and application of the proposed directive. It is therefore important for the European Parliament and the Council to look at both instruments together as part of the same package to ensure coherence and consistency.

Added:*(OJ reference). ’

Removed:In that regard, the Committee on Legal Affairs welcomes the Commission’s proposal for regulation and the suggested changes to the Regulations on the Internal Market Information System and the Single Digital Gateway, and considers only minimal amendments are needed. Therefore, the elements to be taken into account as agreed by the Committee on Legal Affairs, are the following:

Added:Article 2 Amendments to Regulation (EU) 2018/1724

Removed:1. Recital 2 contains a technical error in referring to Article 30 on the Committee procedure instead of Article 28 on the IMI. It should therefore be amended as follows:

Added:Regulation (EU) 2018/1724 is amended as follows:

Removed:2. Article 1 of the draft regulation concerns the inclusion of the ECBAs Directive as a new point in the Annex of Regulation (EU) No 1024/2012 regarding the IMI System. By using an already existing digital system for administrative cooperation, additional legislative, administrative and financial burden is avoided and supports the functioning of the internal market for associations. The Committee therefore considers that no amendments are needed to this provision in the draft regulation.

Added:(1) in Article 1(1), point (a) is replaced by the following:

Removed:3. Article 2 of the draft regulation covers amendments to Regulation (EU) 2018/1724 regarding the Digital Single Gateway. It expands the use of the Digital Single Gateway in view of access to information and problem-solving services beyond citizens and businesses to legal persons other than business, to include in particular future ECBAs. The amendments proposed by the European Commission are reflecting this expansion in a legally sound and technically correct way, including by putting forward additional areas of information to Annex I of Regulation (EU) 2018/1724 which concern the exact same areas included in that Annex for businesses. This supports the transparency of the operations of ECBAs as well as the creation of a level-playing field and more equal participation in the internal market for ECBAs compared to businesses.

Added:‘(a) the establishment and operation of a single digital gateway to provide citizens, businesses and legal persons other than businesses with easy access to high quality information, to efficient procedures and to effective assistance and problem-solving services with regard to Union and national rules applicable to citizens, businesses and legal persons other than businesses exercising or intending to exercise their rights derived from Union law in the field of the internal market, within the meaning of Article 26(2) TFEU;’

Removed:The Committee therefore considers that no amendments are needed to these provisions in the draft regulation.

Added:(2) in Article 1(1), point (b) is replaced by the following:

Removed:Yours sincerely,

Added:‘(b) the use of procedures by cross-border users and the implementation of the ‘once-only’ principle in connection with the procedures listed in Annex II to this Regulation and the procedures provided for in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU, 2014/25/EU and …/…*;’

Removed:Adrián Vázquez Lázara

Added:____________________

Added:‘* Directive of the European Parliament and of the Council of …. On European cross-border associations (OJ reference).’

Added:(3) in Article 2(2), point (c) is replaced by the following:

Added:‘(c) information on, and links to, the assistance and problem-solving services listed in Annex III or referred to in Article 7 which citizens, businesses and legal persons other than businesses can refer to if they have questions or problems related to the rights, obligations, rules or procedures referred to in points (a) and (b) of this paragraph.’

Added:(4) in Article 14, paragraph 1 is replaced by the following:

Added:‘1. For the purpose of the exchange of evidence for the online procedures listed in Annex II to this Regulation and the procedures provided for in Directives 2005/36/EC, 2006/123/EC, 2014/24/EU, 2014/25/EU and …/…/…, a technical system for the automated exchange of evidence between competent authorities in different Member States (‘the technical system’) shall be established by the Commission in cooperation with the Member States.’

Added:(5) Annex I to Regulation (EU) 2018/1724 is amended as follows:

Added:(a) the title is replaced by the following:

Added:‘List of areas of information relevant for citizens, businesses and legal persons other than businesses having their registered office in a Member State exercising their internal market rights referred to in point (a) of Article 2(2).

Added:(aa) in “Areas of information related to businesses, point J is replaced by the following:

Added:‘Areas of information related to businesses:

Added:[Am. 4]

Added:(b) the following areas of information are added:

Added:‘Areas of information related to legal persons other than businesses having their registered office in a Member State:

Added:[Am. 5]

Added:Article 3 Entry into force

Added:This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Added:This Regulation shall be binding in its entirety and directly applicable in all Member States.

Added:Done at …,

Added:For the European Parliament For the Council

Added:The President The President