Text · Plenary report
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))
Full title
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))
Report A-9-2024-0006 · COM(2023)0515 – C90327/2023 – 2023/0314(COD)
- Kind
- Plenary report A-9-2024-0006
- Date
- 26 January 2024
- Committee
- Committee on the Internal Market and Consumer Protection
- Rapporteur
- AnneSophie Pelletier
- Dossier
- 2023-0314
More facts (3)
- Formats
- Official page PDF Word
- Subject matter
- MARI, COAD, TELE, INFO
- Reference
- COM(2023)0515 – C90327/2023 – 2023/0314(COD)
In short
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Parliament's amended version of the Commission proposal amending Regulations (EU) No 1024/2012 and (EU) 2018/1724 on the Internal Market Information System and the Single Digital Gateway for European cross-border associations. It corrects a reference to Article 28(2) of the cross-border associations Directive and adds that information exchange between competent authorities should be set up in the IMI system. It clarifies that the Single Digital Gateway provides access to information, procedures and assistance services to citizens, residents and legal persons with a registered office in a member state, and that the 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 committee proposes to adopt the Commission proposal with only technical changes to enhance clarity, without modifying the substance: correcting a reference to Article 28(2), clarifying that information exchange between competent authorities should be established in the IMI system, and adding a recital on the European Data Protection Supervisor's opinion.
Key points
- Parliament adopts its first-reading position on the proposal.
- Parliament calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal.
- Recital 2 is corrected to refer to Article 28(2) of the cross-border associations Directive instead of Article 30(2).
- Recital 2 adds that the necessary administrative cooperation procedures and the procedures for the exchange of information between competent authorities should be established in the IMI system.
- Recital 3 states that the Single Digital Gateway provides access to information, procedures, 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.
- Recital 3 adds that the operative part and Annex I of Regulation (EU) 2018/1724 should be amended by this Regulation to ensure the scope is not understood as limited to citizens and businesses and concerns legal persons other than businesses, such as European cross-border associations.
- A new Recital 5a notes 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.
Who is affected
- Competent authorities of the member states, which will exchange information through the IMI system.
- Citizens of the Union, natural persons residing in a member state and legal persons with a registered office in a member state, who gain access to information and services through the Single Digital Gateway.
- Legal persons other than businesses, such as European cross-border associations, which are covered by the Single Digital Gateway.
Figures and deadlines
Legal basis. Article 294(2), Article 21(2) and Article 114 of the Treaty on the Functioning of the European Union.
Text
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Jump to an amendment (5)
Draft european parliament legislative resolution
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
–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 the report of the Committee on the Internal Market and Consumer Protection (A9-0006/2024),
2 Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3.Instructs its President to forward its position to the Council, the Commission and the national parliaments.
| 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. |
| 5 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1). | 5 Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1). |
| 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. |
| 6 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1). | 6 Regulation (EU) 2018/1724 of the European Parliament and of the Council of 2 October 2018 establishing a single digital gateway to provide access to information, to procedures and to assistance and problem-solving services and amending Regulation (EU) No 1024/2012 (OJ L 295, 21.11.2018, p. 1). |
| 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, |
| ‘Areas of information related to businesses: | |
| Area | INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES |
| J. Starting, running and closing a business | 1. registering, changing the legal form of or closing a business (registration procedures and legal forms for carrying out business) 2. moving a business to another Member State 3. intellectual property rights (applying for a patent, registering a trademark, a drawing or a design, getting a licence for reproduction) 4. fairness and transparency in commercial practices, including consumer rights and guarantees related to selling goods and services 5. offering online facilities for cross-border payments when selling goods and services online 6. rights and obligations arising under contract law, including late payment interests 7. insolvency proceedings and liquidation of companies 8. credit insurance 9. mergers of companies or selling a business 10. civil liability of directors of a company 11. rules and obligations regarding the processing of personal data’ |
| Amendment | |
| (aa) the following areas of information are replaced: | |
| ‘Areas of information related to businesses: | |
| Area | INFORMATION REGARDING RIGHTS, OBLIGATIONS AND RULES |
| J. Starting, running and closing a business | 1. registering, changing the legal form of or closing a business (registration procedures and legal forms for carrying out business) 2. transferring of the registered office of a business to another Member State 2a. obligations to creditors and workers' rights in connection with the transfer of the registered office of a business to another Member State 3. intellectual property rights (applying for a patent, registering a trademark, a drawing or a design, getting a licence for reproduction) . fairness and transparency in commercial practices, including consumer rights and guarantees related to selling goods and services 5. offering online facilities for cross-border payments when selling goods and services online 6. rights and obligations arising under contract law, including late payment interests 7. insolvency proceedings and liquidation of companies 8. credit insurance 9. mergers of companies or selling a business 10. civil liability of board members or directors of a company 11. rules and obligations regarding the processing of personal data’ |
| (b) the following areas of information are added: | |
| ‘Areas of information related to legal persons other than businesses having their registered office in a Member State: | |
| AA. Starting, running and closing a legal person other than a business | 1. registering, changing the legal form of or closing a legal person other than a business (registration procedures and legal forms) 2. moving a legal person other than a business to another Member State 3. intellectual property rights (applying for a patent, registering a trademark, a drawing or a design, getting a licence for reproduction) 4. fairness and transparency in commercial practices, including consumer rights and guarantees related to selling goods and services 5. offering online facilities for cross-border payments when selling goods and services online 6. rights and obligations arising under contract law, including late payment interests 7. insolvency proceedings and liquidation of legal persons other than businesses 8. credit insurance 9. mergers of, or selling of a legal person other than a business 10. civil liability of directors of a legal person other than a business 11. rules and obligations regarding the processing of personal data |
| Amendment | |
| (b) the following areas of information are added: | |
| ‘Areas of information related to legal persons other than businesses having their registered office in a Member State: | |
| AA. Starting, running and closing a legal person other than a business | 1. registering, changing the legal form of or closing a legal person other than a business (registration procedures and legal forms) 2. transferring the registered office of a legal person other than a business to another Member State 2a. obligations to creditors and workers' rights in connection with the transfer of the registered office of a legal person other than a business to another Member State 3. intellectual property rights (applying for a patent, registering a trademark, a drawing or a design, getting a licence for reproduction) 4. fairness and transparency in commercial practices, including consumer rights and guarantees related to selling goods and services 5. offering online facilities for cross-border payments when selling goods and services online 6. rights and obligations arising under contract law, including late payment interests 7. insolvency proceedings and liquidation of legal persons other than businesses 8. credit insurance 9. mergers of, or selling of a legal person other than a business 10. civil liability of board members or directors of a legal person other than a business 11. rules and obligations regarding the processing of personal data |
Back matter, 4
Parts that accompany the text rather than belong to it: explanatory statement, annexes, opinions appended by other committees. Collapsed.
Explanatory statement 5 blocks
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.
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 2 blocks
Letter of the committee on legal affairs 18 blocks
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))
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.
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.
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.
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:
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:
| (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 and exchange of information procedures should be established in the IMI system. |
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.
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.
The Committee therefore considers that no amendments are needed to these provisions in the draft regulation.
Annex: entities or persons from whom the rapporteur has received input 3 blocks
The rapporteur has received input from the following entities or persons in the preparation of the opinion, until the adoption thereof in committee:
| Entity and/or person |
| Allianz "Rechtssicherheit für politische Willensbildung" e.V. |
| Alzheimer Europe |
| Caritas Europa |
| CEDAG - European Council of Associations of General Interest |
| Centre Français des Fonds et Fondations |
| Civil Society Europe |
| Deutscher Caritasverband e.V. |
| E.A.N. - European Ageing Network |
| EASPD - European Association of Service Providers for Persons with Disabilities |
| ECNL European Center for Not-For-Profit Law Stichting |
| EPR - European Platform for Rehabilitation |
| ESU - European Students' Union |
| Eurodiaconia |
| European Alternatives |
| European Civic Forum |
| European Fundraising Association, COFACE |
| FEANTSA - European Federation of National Organisations Working with the Homeless |
| France générosités |
| Human Rights Cities Network |
| Irish Council for Civil Liberties |
| Le Mouvement associatif |
| Maecenata Stiftung |
| Ökotárs - Hungarian Environmental Partnership Foundation |
| Philea |
| Red Cross EU Office |
| Samaritan International |
| Social Services Europe |
Procedure pages and committee votes
How the committees handled the text and how their members voted on it. Collapsed.
Procedure – committee responsible 1 block
| Title | 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)) | |
| References | COM(2023)0515 – C9-0327/2023 – 2023/0314(COD) | |
| Date submitted to Parliament | 5.9.2023 | |
| Committee responsible Date announced in plenary | IMCO 23.11.2023 | |
| Committees asked for opinions Date announced in plenary | JURI 23.11.2023 | |
| Rapporteurs Date appointed | Anne-Sophie Pelletier 25.10.2023 | |
| Discussed in committee | 4.12.2023 | |
| Date adopted | 24.1.2024 | |
| Result of final vote | +: –: 0: | 39 2 0 |
| Members present for the final vote | Alex Agius Saliba, Andrus Ansip, Pablo Arias Echeverría, Laura Ballarín Cereza, Alessandra Basso, Brando Benifei, Biljana Borzan, Vlad-Marius Botoş, Markus Buchheit, Anna Cavazzini, Dita Charanzová, Deirdre Clune, David Cormand, Alexandra Geese, Sandro Gozi, Maria Grapini, Svenja Hahn, Eugen Jurzyca, Włodzimierz Karpiński, Arba Kokalari, Marcel Kolaja, Kateřina Konečná, Andrey Kovatchev, Maria-Manuel Leitão-Marques, Antonius Manders, Beata Mazurek, Leszek Miller, Miroslav Radačovský, René Repasi, Christel Schaldemose, Andreas Schwab, Tomislav Sokol, Ivan Štefanec, Róża Thun und Hohenstein, Tom Vandenkendelaere, Kim Van Sparrentak | |
| Substitutes present for the final vote | Maria da Graça Carvalho, Salvatore De Meo, Carlo Fidanza, Ivars Ijabs, Stelios Kouloglou | |
| Date tabled | 26.1.2024 |
Final vote by roll call in committee responsible 3 blocks
39 · For
- ECR
- Carlo Fidanza, Eugen Jurzyca, Beata Mazurek
- ID
- Alessandra Basso
- EPP
- Pablo Arias Echeverría, Maria da Graça Carvalho, Deirdre Clune, Salvatore De Meo, Włodzimierz Karpiński, Arba Kokalari, Andrey Kovatchev, Antonius Manders, Andreas Schwab, Tomislav Sokol, Ivan Štefanec, Tom Vandenkendelaere
- Renew
- Andrus Ansip, Vlad-Marius Botoş, Dita Charanzová, Sandro Gozi, Svenja Hahn, Ivars Ijabs, Róża Thun und Hohenstein
- S&D
- Alex Agius Saliba, Laura Ballarín Cereza, Brando Benifei, Biljana Borzan, Maria Grapini, Maria-Manuel Leitão-Marques, Leszek Miller, René Repasi, Christel Schaldemose
- The Left
- Kateřina Konečná, Stelios Kouloglou
- Greens
- Anna Cavazzini, David Cormand, Alexandra Geese, Marcel Kolaja, Kim Van Sparrentak
Connections
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Sources & citation
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- Official source
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- Licensed CC BY 4.0.
- Retrieved
- 25 September 2026
Cite as
European Parliament (2024). “REPORT 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))”. Text, 26 January 2024. docId A-9-2024-0006, reference A9-0006/2024. EU Parl Watch Research. https://news.eu-parl.st-solutions.dev/texts/A-9-2024-0006 (retrieved 25 September 2026). Official source: The text on the European Parliament’s website, https://www.europarl.europa.eu/doceo/document/A-9-2024-0006_EN.html. Data: EP Open Data API: document record, https://data.europarl.europa.eu/api/v2/documents/A-9-2024-0006 (CC BY 4.0).
BibTeX
@misc{epw-text-a-9-2024-0006,
author = {{European Parliament}},
title = {{REPORT 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))}},
year = {2024},
date = {2024-01-26},
howpublished = {\url{https://news.eu-parl.st-solutions.dev/texts/A-9-2024-0006}},
url = {https://news.eu-parl.st-solutions.dev/texts/A-9-2024-0006},
urldate = {2026-09-25},
publisher = {EU Parl Watch Research},
note = {Text. docId A-9-2024-0006, reference A9-0006/2024. Official source: https://www.europarl.europa.eu/doceo/document/A-9-2024-0006\_EN.html. Data: EP Open Data API: document record (CC BY 4.0)}
}