What changed between the draft committee report and the plenary report

Changed: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, or the protection of creditors, provided that the other conditions are met. Such measures need, in any event, to be duly justified, to be appropriatefor ensuring the attainmentprescribed ofby thelaw, objectiveappropriate inand question,limited to bewhat interpretedis strictly bynecessary, theand Memberthe Stateimpact implementingof them,the andmeasure toon notthe goECBA beyondneeds whatto isbe necessaryproportionate to attainthe theirobjective objective.pursued. This is particularly relevant as many associations are active in the …public interest areas m…

Changed:Recital 29: (29) In order to ensure that ECBAs are able to effectively perform their activities and ensure equal treatment vis-à-vis non-profit associations in national law, ECBAs should not be treated less favourably than the non-profit association of the single most similar or most commonly used legal form in the domestic legal order of the home Member State where it operates. / (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)

Removed: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’). 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 or most commonly used legal form of non-profit association in national law, if applicable.

Added:Recital 30: (30) In accordance with the principles of equality and non-discrimination and to ensure 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.

Changed:Recital 3331: –(31) paragraphTo 1:facilitate Inthe viewcooperation ofamong theirMember non-profitStates purpose,and ECBAsbetween shouldMember beStates ableand tothe applyCommission, forMember fundingStates fromshould designate a publiccompetent orauthority privateresponsible sourcefor inthe application of the Memberrule State(s)transposing inthis whichDirective they(‘competent operateauthority’) onand ainform non-discriminatorythe basis.Commission Therefore,and the sameECBA rulescommittee thereof. The competent authorities should applykeep toin close contact with the Commission and the ECBA ascommittee. thoseThe applicableCommission toshould publish the mostlist similarof orcompetent mostauthorities commonlyon useda legalpublic form.website Thereand shouldupdate beit nowithout restrictionundue ondelay when changes occur. To have a comprehensive overview of the ECBA’slegal righttreatment toof receiveECBAs andin provideMember funding,States, exceptMember whereStates ashould restrictionnotify isthe prescribedCommission byof law,the justifiednames byand antasks overridingof reasonrelevant inauthorities, other than the publiccompetent interest,authorities, isestablished appropriateor fordesignated ensuringfor the attainmentpurposes of the objectivenational pursuedrules andapplicable doesto notthe gosingle beyondmost whatsimilar isor necessarymost forcommonly itused tolegal beform attainedof andnon-profit isassociation compliantin withnational Unionlaw, law.if applicable.

Removed: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 part…

Added:Recital 33: (33) In view of their non-profit purpose, ECBAs should be able to apply for funding from a public or private source in the Member State(s) in which they operate on a non-discriminatory basis. Therefore, the same rules should apply to the ECBA as those applicable to the single most similar or most commonly used legal form. There should be no restriction on the ECBA’s right to receive and provide funding, except where a restriction is prescribed by law, justified by an overriding reason in the public interest or where the Member State can prove that the ECBA flagrantly and repeatedly breaches the values of the Union enshrined in Article 2 TEU through its activities, where it is compliant with Union law, appropriate and limited to what is strictly necessary, and where the impact of the restriction on the ECBA is proportionate to the objective pursued.

Removed: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, interpreted strictly by the Member State concerned, and do not go beyond what is necessary in order for the objective 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 order to ensure that an ECBA is able to comply with these requirements.

Added:Recital 35 a (new): (35a) In line with the right to freedom of expression and freedom of association, it is important to ensure that Member States do not limit the right to participation of associations in public life and public or political debate, which could concern for example the organisation of or participation in public interest advocacy or peaceful assembly. Such participation in the public or political debate should however not be meant to benefit any single particular political party or political candidate.

Changed:Recital 41: (41) Member States should be required to establish a register or make use of an existing national 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. 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 until the end of the financial year following 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 2at least 5 years after dissolution.dissolution Any national or European requirements concerning the authenticity, reliability and the appropriate legal form of docume…

Changed: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.members. 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,resort. Therefore involuntary dissolution should only happen where an ECBA does not respect its non-profit purpose, or where its activities constitute a threat to public order, where theor membersa offlagrant theand executiverepeated bodybreach of an ECBA have beenthe convictedvalues of a particularly serious criminal offence committed in the name, on behalf or for theUnion benefitenshrined ofin theArticle ECBA,2 orTEU thethrough ECBAits itselfactivities has been convicted of a particularly serious criminal offence,established ifunder nationalthe lawcondition allowsthat forthe thisdissolution possibility,is orpreceded whereby a member ofrisk theassessment, executivethat bodyit is convictedprescribed ofby alaw, particularappropriate seriousand criminalstrictly offencenecessary, committedand afterthat the creationdissolution of the ECBA, in the eventECBA thatis participationproportionate into the executive body by this person would be a threat to publicobjective order.pursued. In this case, the competent authority should communicate to the ECBA a formal comprehensively reasoned notice of its concerns and hear the ECBA in order to give the ECBA the opportunity to reply or rectify the situation within a reasonable period of time,time. Any decision for exampleinvoluntary bydissolution replacingshould thebe convictedduly membersreasoned concerne…and include a comprehensive written justification.

Removed:Recital 45 a (new): (45a) The term ‘particularly serious criminal offence’ should be understood to mean one of the offences listed in Article 2 (2) of the Council Decision on a European Arrest Warrant*. This notion should be strictly interpreted by Member States and applied in a non-discriminatory way. It should be understood to include terrorism, trafficking in human beings and sexual exploitation of women and children, illicit drug trafficking, illicit arms trafficking, money laundering, corruption, counterfeiting of means of payment, computer crime, organised crime and participation in a criminal organisation. / * Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA).

Added:Recital 46: (46) The dissolution of the ECBA should lead to its liquidation. The liquidation of ECBAs should be compliant with Regulation (EU) 2015/848 of the European Parliament and of the Council of 20 May 2015 on insolvency proceedings (EIR 2105)47 which requires that the law applicable to insolvency proceedings and their effects should be that of the Member State within the territory of which such proceedings are opened. In line with the non-profit purpose of ECBAs, any assets of a dissolved ECBA should be transferred to a non-profit entity carrying out an activity similar to one of the activities carried out by the dissolved ECBA or, transferred to a local authority which should utilise them for an activity or for the pursuit of an objective that is similar to one of the activities or objectives of the dissolved ECBA.

Removed:Replacing former recital 48.

Added: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 the association followed or preceded by the acronym 'ECBA', the address of its registered office, and the names of the legal representatives. To facilitate the use of this certificate in various Member States without additional adaptations or compliance costs, the Commission should establish a standardised template available in all languages of the Union. Therefore, in order to ensure uniform conditions for the implementation of this act, implementing powers should be conferred on the Commission to produce a standardised template including in relation to the technical specifications of the template. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council48. Those implementing acts should be adopted in accordance with the examination procedure referred to in Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council.

Removed:Replaced by new recital 45a.

Added:Recital 49 a (new): (49a) In accordance with the right to good administration and the principles of efficiency and effectiveness of the public administrations, the transposition of this Directive should foster the simplification of administrative rules and the reduction of administrative costs and burdens. Member States should therefore ensure that the administrative procedures and obligations of ECBAs can be submitted online and that such procedures are easily accessible. Member States should make all the necessary information available and provide support for the administrative processes related to ECBAs.

Removed:Article 2 – paragraph 1 – point e a (new): ea) ‘particularly serious offence’ means one of the offences listed in Article 2(2) of Council Framework Decision 2002/584/JHA; this notion should be strictly interpreted by Member States and applied in a non-discriminatory way.

Added:Recital 49 b (new): (49b) In view of monitoring the implementation of this directive, the Commission should be assisted by the ECBA committee composed of representatives of the Member States. In line with the Union principles and article 2 TEU in particular, the composition of the committee should be balanced. The Committee should involve, as appropriate, other relevant Union bodies and committees and stakeholders in its work, such as the European Union Agency for Fundamental Rights and non-profit organisations. Public access to information on committee proceedings should be ensured in accordance with 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.

Changed:Article 6 – paragraph 1 – point c: (c) appropriate for ensuring the attainment of the objective pursued, interpreteddo strictlynot bygo thebeyond Memberwhat Stateis concernedstrictly andnecessary doand notthe goimpact beyondof whatthe isrestricting necessaryrules inon orderan forECBA thatis objectiveproportionate to bethe attained.objective pursued.

Added:Article 6 – paragraph 2 – introductory part: 2. Member States shall ensure that the statutes of an ECBA are provided in writing, submitted in compliance with formal requirements applicable to the legal entity identified in accordance with Article 4(4), and include the following information:

Added:Article 6 – paragraph 2 – point b: (b) a detailed description of its objectives, a statement of its non-profit purpose and a description of its cross-border dimension;

Added:Article 6 – paragraph 2 – point b a (new): (ba) a declaration that the ECBA will respect the values of the Union enshrined in Article 2 TEU in its objectives and in the pursuit of its activities.

Removed:Article 7 – paragraph 2: 2. The executive body of an ECBA shall be composed of a minimum of three persons, which are natural persons or legal entities with a non-profit purpose established in the Union, through their representatives.

Added:Article 6 – paragraph 2 – point j: (j) provisions governing the number, appointment, removal, powers and responsibilities of the members of the executive body;

Removed:Article 8 – paragraph -1 (new): -1. Notwithstanding the criteria for the constitution of an ECBA laid down in Article 3 (1), the membership criteria of an ECBA shall be regulated by its statutes.

Added:Article 6 – paragraph 2 – point n: (n) the method of disposition of the ECBA’s assets in the event of dissolution; and

Changed:Article 117 – paragraph 1: Member States shall2: ensure2. thatThe allexecutive decisionsbody of competent authorities onan theirECBA territoryshall affectingbe thecomposed rightsof anda obligationsminimum of ECBAs, orthree thepersons, rightsof andwhich obligationsat ofleast othertwo persons in connectionare tonatural thepersons operationsthat ofare ECBAs,Union arecitizens subjector tolegally effectiveresident andin independentthe judicialUnion, review,or inlegal complianceentities with Articlea 47non-profit Charterpurpose ofestablished Fundamentalin Rightsthe ofUnion, thethrough Union.their representatives.

Added:Article 7 – paragraph 3: 3. Member States shall ensure that natural persons who have been convicted of a particularly serious criminal offence are not to be members of the executive body or representatives of a legal entity that is a member of the executive body, in case participation in the executive body by this person would constitute a threat to the public order.

Added:Article 8 – paragraph -1 (new): -1. Notwithstanding the criteria for the constitution of an ECBA laid down in Article 3(1), the membership criteria of an ECBA shall be regulated by its statutes.

Added:Article 8 – paragraph 1: 1. Member States shall 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.

Added:Article 10 – paragraph 1: Member States shall ensure that, within the ambit of application of this Directive, ECBAs are not discriminated nor that national laws, regulations or administrative acts regulating ECBAs 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.

Changed:Article 12 – paragraph 2 – point c: (c) appropriate for ensuring the attainment of the objective pursued, interpreted strictly by the Member State concerned and do not go beyond what is strictly necessary inand orderthe forimpact thatof objectivethe requirements on an ECBA is proportionate to bethe attained.objective pursued.

Changed:Article 13 – paragraph 2 – introductory part: 2. Without prejudice to Articles 9 to 11, 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:

Changed:Article 13 – paragraph 2 – point b: (b) justified by overriding reasons in the public interest;interest or where the Member State can prove that the ECBA flagrantly and repeatedly breaches the values of the Union enshrined in Article 2 TEU through its activities; and

Changed:Article 13 – paragraph 2 – point c: (c) appropriate, interpreted strictly and necessaryappropriate for ensuring the attainment of the objective pursued andpursued, do not go beyond what is strictly necessary inand orderthe forimpact itof the restriction on an ECBA is proportionate to bethe attained.objective pursued.

Changed:Article 14 – paragraph 2 – point b: (b) justified by overriding reasons in theof public interest; and

Changed:Article 14 – paragraph 2 – point c: (c) appropriate for ensuring the attainment of the objective pursued, interpreted strictly by the Member State concerned and do not go beyond what is strictly necessary inand orderthe forimpact thatof objectivethe restriction on an ECBA is proportionate to bethe attained.objective pursued.

Changed:Article 15 – paragraph 1 – point g a (new): (ga) restrictions on or additional requirements regarding the participation 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, where such activities are not meant to benefit any single particular political party or political candidate.basis.

Added:Article 16 – paragraph 3: 3. Member States shall ensure that the formation of an ECBA 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 applicable national law requires so for the legal entity identified in accordance with Article 4(4).

Added:Article 17 – title: Conversion of non-profit entities into an ECBA

Added:Article 17 – paragraph 1: 1. Member States shall ensure that existing non-profit entities that are legally established in a Member State and which fulfil the requirements set out in this Directive, can convert into an ECBA within the same Member State.

Changed:Article 17 a (new): Article 17a / Merger of existing non-profit entities into an ECBAs / 1. Member States shall ensure that two or more ECBAsexisting establishednon-profit inentities thethat sameare orlegally established in differenton or more Member StatesStates, maycan merge into an ECBA where: / (a) one or more ECBA,non-profit entity, on being dissolved without going into liquidation, transfers all its assets and liabilities to another existing ECBA, being the acquiring ECBA,ECBA; or / (b) one or more ECBA,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. / 2. Member States shall ensure that any merger is approved by the decision-making bodies of the merging ECBAs.non-profit entities. / 3. Member States shall ensure that mergers do not result in the dissolution or any loss or interruption of the legal personality of the acquiring ECBA and that legal continuity is unaffected in the event of a merger that results in a newly established ECBA. / 4. Member States shall ensure that all assets and liabilities are transferred to the acquiring or newly constituted ECBA, as applicable. / 5. Member States shall ensure that the merger shall take effect, as applicable, upon registration of the newly established ECBA in accordance with Article 19 or from the date from which the transactions of the acquired ECBAs are to be treated for accounting purposes as being those of the acquiring ECBA. / 6. Member States shall ensure that the entry concerning the ECBAs that merged, apart from the acquiring ECBA where applicable, are removed from any regi…entry…

Added: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 submitted in the same format the legal entity identified in accordance with Article 4(4) is required to use, and shall 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:

Added:Article 18 – paragraph 1 – subparagraph 1 – point c: (c) the postal address of the intended registered office;

Removed: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.

Added:Article 18 – paragraph 3: 3. By way of derogation from the second subparagraph of paragraph 1, Member States may adopt rules allowing the competent authority to request documents or information additional to those referred to in paragraph 1 by written decision addressed to the person authorised to represent the ECBA referred to in Article 18(1), point (d), setting out a duly substantiated concern that the objectives described in the statutes of the ECBA would contravene Union law, including the values of the Union as enshrined in Article 2 TEU, or provisions of national law compliant with Union law, where those documents or information are necessary.

Removed:Article 19 – paragraph 4 – subparagraph 1 – point e: (e) where any person authorised to represent the ECBA referred to in Article 18(1), point (d) or any member of the executive body, has been convicted of a particularly serious criminal offence as referred to in Article 7(3), second subparagraph, and such authorisation to represent the ECBA or membership in the executive body would be a threat to public order. In such cases, the ECBA shall be given reasonable time to rectify the situation.

Added:Article 18 – paragraph 4: 4. Member States shall ensure that the application for registration of an ECBA including in cases of conversions and mergers, can be submitted online.

Changed:Article 2521 – paragraph 3: 3. WhereTo facilitate the competentuse authorityof hasthe concernsECBA thatcertificate onein ofall Member States, harmonise its format and reduce the reasonsadministrative referredburden tofor inboth paragraphMember 2States ofcompetent thisauthorities Articleand exists,ECBAs, itthe shallCommission giveshall aestablish reasonedthe noticetemplate tofor the ECBA incertificate writingand its technical specifications by means of itsan concernsimplementing andact. giveThat reasonableimplementing timeact toshall thebe ECBAadopted toin provideaccordance replieswith regardingthe thoseexamination concernsprocedure orreferred to rectifyin theArticle situation.29a(6).

Removed:Article 25 – paragraph 5: 5. Member States shall ensure that the decision referred to in paragraph 4 of this Article is reasoned, confirmed by a judicial decision and subject to effective judicial review in line with Article 11, and does not take effect while judicial review is pending.

Added:Article 22 – paragraph 4 – point c: (c) when an ECBA has been declared insolvent or is subject to insolvency proceedings;

Removed: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 an activity similar to one of the activities of the dissolved ECBA or that the assets are transferred to a local authority, which is obliged to utilise them for an activity that is similar to the one pursued by the dissolved ECBA.

Added:Article 22 – paragraph 4 – point d: (d) where the persons authorised to represent the ECBA referred to in Article 18(1), point (d), any member of the executive body or the ECBA itself, if national law provides for this possibility, are the subject of proceedings for a particularly serious criminal offence, and where this would constitute a threat to public order. In such cases, a Member State shall proceed with the transfer of the registered office when the representative or member of the executive body has been replaced or where the proceedings have ended and they did not lead to a conviction.

Changed:Article 29 – paragraph -1 a (new): -1. On a yearly basis Member States shall share with the Commission and the ECBA committee referred to in Article 30, to the extent possible through digital tools, a list of ECBAs registered in their territory, aggregated data concerning those ECBAs, as well as information with regard to: / (a) any measures adopted or updated by Member States on grounds of public policy and public security to prevent the risk of misuse of non-profit associations and to ensure transparency in relation to certain capital movements, as referred to in Article 4(3), / (b) national rules restricting an ECBA’s right to determine its rules of operation, as referred to in Article 6(1), / (c) cases where additional requirements for registration were imposed on ECBAs, in accordance with Article 12(2), / (d) cases where restrictions on funding were imposed on an ECBA, in accordance with Article 13(2), / (e) cases where restrictions on the provision of services and trade in goods were imposed on an ECBA, in accordance with Article 14(2), / (f) cases where additional documents or information were requested, in accordance with Article 18(3), / (g) cases where registration was refused, in accordance with Article 19(4), / (h) cases where the transfer of a registered office was refused in accordance with Article 22(4) or Article 23(5), and / (i) cases of involuntary dissolution as referred to in Article 27. / The Commission shall publish the list of all registered ECBAs on a publicly available website.

Changed:Article 29 – paragraph 1: 1. By ... [five 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. The report shall include in particular: / (a) an evaluation of the effectiveness of the Directive with regard to the goals pursued, / (b) an assessment of possible benefits and the feasibility of harmonising at Union level the recognition and granting of a public benefit status, in particular to ECBAs , / (c) an assessment of possible benefits and the feasibility of putting forward a proposal for abe Regulationpreceded forby a European Association similar to Regulation (EU, Euratom) No 1141/2014 of the European Parliament andconsultation of the Council on the statute and funding ofrelevant Europeanstakeholders, politicalincluding partiesECBAs and European political foundations, / (d) an assessmentother ofrelevant possiblenon-profit benefitsorganisations, and the feasibility of bringing a proposal for a Regulation for a European statute for foundations. / Where appropriate, the report shall be accompanied by a proposal for amendment ofinclude thisin Directive.particular:

Removed: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 appropriate contacts with relevant stakeholders and non-profit associations in particular, and may invite them to their meetings. / 6. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall appl…

Added:Article 29 – paragraph 1 – point a (new): (a) an overview of the number and geographical spread of ECBAs in the EU;

Removed:Moved and amended from article 30

Added:Article 29 – paragraph 1 – point b (new): (b) an evaluation of the adequacy and effectiveness of the Directive with regard to the goals pursued, including an assessment of the impact of this directive on the functioning of the internal market;

Removed:Moved to chapter 6

Added:Article 31 – paragraph 1: 1. Member States shall adopt and publish, including online, the laws, regulations, and administrative provisions necessary to comply with this Directive by ... [1 year from the entry into force of this Directive]. They shall immediately communicate the text of those measures to the Commission.

Changed:Article 31 – paragraph 1:1 1.a (new): 1a. Member States shall adoptprovide andinformation publishto theand laws,consult regulations,with andnon-profit administrativeorganisations provisionsestablished, necessaryregistered toor complyoperating within thistheir Directiveterritory byprior [1to yearand fromduring the entrytransposition intoand forceimplementation of thisthe Directive].provisions Theyof shallthis immediatelyDirective communicateas thewell textas ofthe thoserevision measuresof torelevant thenational Commission.provisions.

Changed:Article 31 – paragraph 1 a2: (new):2. 1a.When Member States shall consult non-profitadopt organisationsthose established,measures registeredpursuant orto operatingparagraph in1, theirthey territoryshall incontain a timely, transparent and meaningful manner about thereference transpositionto andthis implementationDirective ofor theshall provisionsbe ofaccompanied thisby Directivesuch asa wellreference ason the revisionoccasion of relevanttheir nationalofficial provisions.publication. SuchMember consultationStates shall take placedetermine priorhow tosuch thereference transpositionis ofto thisbe Directivemade and athow leastthat twicestatement ais yearto thereafter.be formulated.

Added:LETTER OF THE COMMITTEE ON THE INTERNAL MARKET AND CONSUMER PROTECTION

Added:Mr Adrián VÁZQUEZ LÁZARA

Added:Chair

Added:Committee on Legal Affairs