Changes from plenary report to adopted text

Added6. The competent authority shall adopt the decision referred to in paragraph 5 of this Article within 30 days from reception of the request for transfer of registered office referred to in paragraph 3.

Added7. Notwithstanding paragraph 6, Member States shall ensure that the transfer takes place within 30 days from the submission of a complete application.

Added8. Where the information provided for the purposes of transfer is incomplete or contains manifest errors, the competent authority shall ask the ECBA to complete or rectify its submission within a reasonable period of time, which shall not be less than 15 days from the date when the competent authority contacts the person authorised to represent the ECBA referred to in Article 18(1), point (d).

Added9. Member States shall ensure that the competent authority of the new home Member State registers the ECBA and updates the ECBA certificate as regards the elements listed in paragraph 1 of Article 21.

Added10. Member States shall ensure that the competent authority of the home Member State following the transfer of the registered office notifies the competent authorities of other Member States of the transfer of registered office without delay. Upon receipt of this notification, the competent authority of the previous home Member State shall remove the ECBA from the register following receipt of that notification.

AddedChapter 5 Dissolution

AddedArticle 24 Voluntary dissolution

Added1. Member States shall ensure that an ECBA shall only be dissolved by decision of its members and only in the following cases:in accordance with its statutes. [Am. 111]

Added(a) the objective of the ECBA has been achieved; [Am. 112]

Added(b) the time for which it was set up has expired; [Am. 113]

Added(c) for any reason in accordance with its statutes. [Am. 114]

Added2. Member States shall ensure that the decision-making body of the ECBA shall be entitled to dissolve an ECBA only by decision taken by two-thirds of the votes, representing at least half of the total of members, during an extraordinary meeting.

AddedMember States shall ensure that upon liquidation of the ECBA as provided for in Article 28 the competent authority shall remove the ECBA from the register only when the liquidation is completed and that the relevant information in IMI is updated accordingly.

AddedArticle 25 Involuntary dissolution

Added1. By way of derogation to Article 26(1), Member States shall ensure that an ECBA may only be involuntarily dissolved by the competent authority of the home Member State) in the circumstances and according to the conditions provided for in this Article.

Added2. Member States may provide for the involuntary dissolution of an ECBA, provided that the dissolution is preceded by a risk assessment, that it is prescribed by law, appropriate for the attainment of the objective pursued, does not go beyond what is strictly necessary, and that the dissolution is proportionate to the objective pursued, and only on the basis of one of the following reasons: [Am. 115]

Added(a) non-compliance of the ECBA with the non-profit purpose;

Added(b) a serious threat to public order or public security caused by the activities of the ECBAs; or [Am. 116]

Added(ba) a flagrant and repeated breach of the values of the Union enshrined in Article 2 TEU through its activities; [Am. 117]

Added(c) a conviction for a particularly serious criminal offence of the ECBA or of the members of its executive body committed in the name, on behalf or for the benefit of the ECBA; or [Am. 118]

Added(ca) a conviction for a serious criminal offence of a member of the executive body for a particularly serious criminal offence committed after the creation of the ECBA where participation in the executive body by such person would constitute a threat to public order. [Am. 119]

Added3. Where the competent authority has concerns that one of the reasons referred to in paragraph 2 of this Article exists, it shall give a comprehensively reasoned notice to the ECBA in writing of its concerns and give reasonable time to the ECBA to provide replies regarding those concerns as well as to rectify the situation. [Am. 120]

Added4. Member States shall ensure that where, after having duly examined the replies by the ECBA pursuant to paragraph 3 of this Article, the competent authority determines that the ECBA must be dissolved because one of the reasons referred to in paragraph 2 of this Article has been ascertained and has not been rectified, it shall adopt a written decision to that effect which is to be formally shared with the ECBA. A decision to dissolve an ECBA may only be taken where there are no less restrictive measures capable of addressing the concerns raised by the competent authority. [Am. 121]

Added5. Member States shall ensure that the decision referred to in paragraph 4 of this Article is duly reasoned and includes a comprehensive written justification, confirmed by a judicial decision, where applicable, in accordance with national law and subject to effective and independent judicial review in line with Article 11, and does not take effect while judicial review is pending. [Am. 122]

Added6. Member States shall ensure that the competent authority shall inform the ECBA of its decision and shall remove the ECBA from the register in due time only after the decision referred to in paragraph 4 has taken effect and after the liquidation of the ECBA as provided for in Article 26 has been completed. The competent authority shall notify the competent authorities of the Member States of the relevant information.

AddedArticle 26 Liquidation in case of dissolution

Added1. Member States shall ensure that the dissolution of an ECBA as provided for by Articles 24 and 25 entails its liquidation.

Added2. 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 a similaran activity assimilar 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 or for the pursuit of an objective that is similar to the one pursued byone of the activities or objectives of the dissolved ECBA. [Am. 123]

AddedChapter 6 Application and administrative cooperation

AddedArticle 27 Competent authorities

Added1. Each Member States shall designate the competent authority (‘competent authority’) responsible for the application of and supervision under this Directive. [Am. 124]

Added2. Member States shall notify the Commission of the names of the competent authority designated pursuant to paragraph 1. The Commission shall publish a list of the designated competent authorities on a publicly available website and update it when relevant. [Am. 125]

Added3. Member States shall notify the Commission of the names and tasks of other competent authorities established or designated for the purposes of the national rules applicable to the most similar non-profit associationlegal entity in their domestic legal order, as identified pursuant to Article 4(4), if applicable. [Am. 126]

AddedArticle 28 Administrative cooperation

Added1. The competent authorities of Member States shall cooperate with and assist each other in an effective and efficient way for the purposes of the application of the provisions of this Directive.

Added2. The administrative cooperation and the exchanges of information between the competent authorities pursuant to Article 17, Article 18, Article 19(2), Article 19(4), Article 23(5), Article 23(6), Article 23(7), Article 24(3), Article 25(6) and Article 27 shall take place in accordance with Regulation (EU) No 1024/2012.

Added3. Member States shall ensure that information recorded in IMI is kept up to date and they shall inform each other about the changes of previous information communicated in accordance with Regulation (EU) No 1024/2012.

AddedArticle 29 Reporting and review [Am. 127]

Added-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:

Added(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),

Added(b) national rules restricting an ECBA’s right to determine its rules of operation, as referred to in Article 6(1),

Added(c) cases where additional requirements for registration were imposed on ECBAs, in accordance with Article 12(2),

Added(d) cases where restrictions on funding were imposed on an ECBA, in accordance with Article 13(2),

Added(e) cases where restrictions on the provision of services and trade in goods were imposed on an ECBA, in accordance with Article 14(2),

Added(f) cases where additional documents or information were requested, in accordance with Article 18(3),

Added(g) cases where registration was refused, in accordance with Article 19(4),

Added(h) cases where the transfer of a registered office was refused in accordance with Article 22(4) or Article 23(5), and

Added(i) cases of involuntary dissolution as referred to in Article 27.

AddedThe Commission shall publish the list of all registered ECBAs on a publicly available website. [Am. 128]

Added1. By ... [sevenfive 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 concerningThe report shall be preceded by a consultation of relevant stakeholders, including ECBAs registered in their territory.and other relevant non-profit organisations, and shall include in particular: [Am. 129]

Added(a) an overview of the number and geographical spread of ECBAs in the EU; [Am. 130]

Added(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; [Am. 131]

Added(c) an assessment of the relevant legal, technical and economic developments affecting non-profit associations, and [Am. 132]

Added(d) an assessment of possible benefits and the feasibility of harmonising at Union level the transparency requirements and recognition and granting of a public benefit status, in particular to ECBAs; [Am. 133]

AddedWhere appropriate, the report shall be accompanied by a legislative proposal for amending this Directive. [Am. 134]

AddedArticle 29a ECBA Committee

Added1. The Commission shall be assisted by a Committee called the ECBA Committee. That Committee shall be a committee within the meaning of Article 3(2) of the Regulation (EU) No 182/2011.The Committee shall establish its own rules of procedure and adopt and organise its own operational arrangements.

Added2. The Committee shall monitor the implementation of this Directive, in particular with regard to the provisions that make reference to Article 29(-1). It shall promote the exchange of information, experience and best practices as well as the coordination of policy approaches among national governments, competent authorities, and the Commission.

Added3. The Committee may prepare reports, formulate opinions, develop guidelines or undertake other work within its fields of competence, and shall, as appropriate, have regular contacts and exchanges with other relevant bodies and committees as well as relevant stakeholders.

Added4. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.