report parliamentary committee draft, 16 November 2023
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 (COM(2023)516))
Document IMCO-PR-756195 · (COM(2023)0515 – C90327/2023 – 2023/0314(COD))
Committee on the Internal Market and Consumer Protection · Rapporteur: AnneSophie Pelletier
AI:In short
This is the rapporteur's draft report on a proposal to amend Regulations (EU) No 1024/2012 and (EU) 2018/1724 so the Internal Market Information System and the Single Digital Gateway can serve the requirements of the directive on European cross-border associations. The draft report makes only technical changes to clarify the text without modifying its substance. It clarifies that exchanges of information between competent authorities should also be established in the IMI system, and that the Single Digital Gateway's scope covers legal persons other than businesses, such as European cross-border associations. It adds a recital noting that the European Data Protection Supervisor was consulted and delivered an opinion on 31 October 2023.
Position. The rapporteur welcomes the Commission proposal and proposes only technical changes to enhance the clarity of the text without modifying its substance, including clarifying that exchanges of information between competent authorities should be established in the IMI system and adding a recital on the European Data Protection Supervisor's opinion.
Key points
- The draft report adopts Parliament's position at first reading on the proposal to amend Regulations (EU) No 1024/2012 and (EU) 2018/1724.
- It calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal.
- Amendment 1 to Recital 2 states that the necessary administrative cooperation procedures and the procedures for the exchange of information between competent authorities should be established in the IMI system.
- Amendment 2 to Recital 3 states that the Single Digital Gateway provides access to information, procedures and assistance and problem-solving services to citizens, natural persons residing in a Member State and legal persons with a registered office in a Member State.
- Amendment 2 adds that the operative part and Annex I of Regulation (EU) 2018/1724 should be amended by this Regulation so the scope is not understood as limited to citizens and businesses and concerns legal persons other than businesses, such as European cross-border associations.
- Amendment 3 adds a new Recital 5a stating that 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.
- The explanatory statement says the accompanying regulation is of a technical nature and allows cooperation and exchange of information among competent authorities through the IMI system and digital operations through the Single Digital Gateway giving access to information about European cross-border associations online.
- The rapporteur welcomes the Commission proposal and says the draft report contains only technical changes to enhance clarity without modifying the substance.
Who is affected
- Competent authorities of the member states, which would exchange information through the IMI system.
- Citizens, natural persons residing in a member state and legal persons with a registered office in a member state, who use the Single Digital Gateway.
- Legal persons other than businesses, such as European cross-border associations, which would fall within the gateway's scope.
- Non-profit associations engaging in activities in another member state, which would benefit from the European cross-border association form.
Figures and deadlines
- 31 October 2023: date the European Data Protection Supervisor delivered its opinion.
- Article 42(1) of Regulation (EU) 2018/1725: basis for consulting the European Data Protection Supervisor.
Legal basis. Article 294(2), Article 21(2) and Article 114 of the Treaty on the Functioning of the European Union.
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Full text
Draft european parliament legislative resolution 28 paragraphs
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
(COM(2023)0515 – C90327/2023 – 2023/0314(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
–having regard to the Commission proposal to Parliament and the Council (COM(2023)0515),
–having regard to Article 294(2), Article 21(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90327/2023),
–having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
–having regard to Rule 59 of its Rules of Procedure,
–having regard to the opinion of the Committee on Legal Affairs,
–having regard to the report of the Committee on the Internal Market and Consumer Protection (A90000/2023),
1.Adopts its position at first reading hereinafter set out;
2 Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
Read the rest (16 paragraphs)
3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
Proposal for a regulation
Recital 2
| Text proposed by the Commission | Amendment |
|---|---|
| (2) Pursuant to Article 30(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 Council5 . For that reason, the necessary administrative cooperation procedures should be established in the IMI system. | (2) Pursuant to Article 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 Council5 . 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. |
Or. en
Amendment 2
Proposal for a regulation
Recital 3
| Text proposed by the Commission | Amendment |
|---|---|
| (3) In accordance with Articles 2 and 3 of Regulation (EU) 2018/1724 of the European Parliament and of the Council6 , the single digital gateway shall give 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 to ensure that the scope is not understood as limited to citizens and businesses and concerns legal persons other than businesses, such as ECBAs. | (3) In accordance with Articles 2 and 3 of Regulation (EU) 2018/1724 of the European Parliament and of the Council6 , the single digital gateway provides 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. |
Or. en
Amendment 3
Proposal for a regulation
Recital 5 a (new)
| Text proposed by the Commission | Amendment |
|---|---|
| (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, |
Or. en
Explanatory statement 5 paragraphs
Introduction
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.
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.
Draft report
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.
Annex: entities or persons from whom the rapporteur has received input 1 paragraph
The rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.