Changes from plenary report to adopted text

Added(b) a detailed description of its objectives and, a statement of its non-profit purpose and a description of its cross-border dimension; [Am. 62]

RemovedArticle 24 – paragraph 1 – point b: deleted

Added(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; [Am. 63]

RemovedArticle 24 – paragraph 1 – point c: deleted

Added(c) the names and addresses of the founding members, where they are natural persons, and the names of the legal representatives and registered office of the founding members, where they are legal entities;

RemovedArticle 25 – paragraph 2 – introductory part: 2. 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:

Added(d) where a founding member is a legal entity, a detailed description or copy of its statutes and a detailed description of its non-profit purpose; [Am. 64]

RemovedArticle 25 – paragraph 2 – point b: (b) a serious threat to public order or public security caused by the activities of the ECBAs; or

Added(e) the address of the ECBA’s registered office;

RemovedArticle 25 – paragraph 2 – point b a (new): (ba) a flagrant and repeated breach of the values of the Union enshrined in Article 2 TEU through its activities;

Added(f) the assets of the ECBA at the time of its registration;

RemovedArticle 25 – paragraph 2 – point c: (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

Added(g) the conditions and procedures for the admission, exclusion and resignation of members;

RemovedArticle 25 – paragraph 2 – point c a (new): (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.

Added(h) the rights and obligations of members;

RemovedArticle 25 – paragraph 3: 3. 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.

Added(i) provisions governing composition, functioning, powers and responsibilities of the decision-making body and the executive body;

RemovedArticle 25 – paragraph 4: 4. 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.

Added(j) provisions governing the number, appointment, removal, powers and responsibilities of the members of the executive body; [Am. 65]

RemovedArticle 25 – paragraph 5: 5. 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.

Added(k) the majority and quorum requirements applicable to the decision-making body;

RemovedArticle 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 or for the pursuit of an objective that is similar to one of the activities or objectives of the dissolved ECBA.

Added(l) the procedure to amend the statutes;

RemovedArticle 27 – paragraph 1: 1. Each Member States shall designate the competent authority (‘competent authority’) responsible for the application of and supervision under this Directive.

Added(m) the duration of the existence of the ECBA, where it is of a limited duration;

RemovedArticle 27 – paragraph 2: 2. 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.

Added(n) the method of disposition of the ECBA’s assets in the event of dissolution.; and [Am. 66]

RemovedArticle 27 – paragraph 3: 3. 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 legal entity in their domestic legal order identified pursuant to Article 4(4), if applicable.

Added(na) the date of adoption of the statutes. [Am. 67]

RemovedArticle 29 – title: Reporting and review

AddedArticle 7 Governance

RemovedArticle 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.

Added1. Member States shall ensure that ECBAs have a decision-making body and an executive body.

RemovedArticle 29 – paragraph 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 be preceded by a consultation of relevant stakeholders, including ECBAs and other relevant non-profit organisations, and shall include in particular:

Added2. Member StatesThe executive body of an ECBA shall ensure that onlybe composed of a minimum of three persons, of which at least two persons are natural persons that are Union citizens or legally resident in the Union, or and legal entities with a non-profit purpose established in the Union, through their representatives, may be members of the executive body of an ECBA. The executive body of an ECBA shall be composed of a minimum of three persons. [Am. 68]

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

Added3. 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. [Am. 69]

RemovedArticle 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;

AddedArticle 8 Membership

RemovedArticle 29 – paragraph 1 – point c (new): (c) an assessment of the relevant legal, technical and economic developments affecting non-profit associations, and

Added-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. [Am. 70]

RemovedArticle 29 – paragraph 1 – point d (new): (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;

Added1. 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. [Am. 71]

RemovedArticle 29 – paragraph 1 – subparagraph 1 (new): Where appropriate, the report shall be accompanied by a legislative proposal for amending this Directive.

Added2. Member States shall ensure that members of an ECBA are not personally liable for acts or omissions of the ECBA.

RemovedArticle 29 a (new): Article29a / ECBA Committee / 1. 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. / 2. 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. / 3. 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. / 4. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. / 5. The Commission shall inform the Council and the European Parliament about the activities of the Committee on an annual basis.

AddedChapter 2 Rights and prohibited restrictions

RemovedArticle 30: deleted / (deleted) / (deleted) / (deleted)

AddedArticle 9 Equal treatment

RemovedArticle 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.

AddedEach Member State shall ensure that in any aspect of their operations, ECBAs are not treated less favourably than the non-profit association in national law identified pursuant to Article 4(4).

RemovedArticle 31 – paragraph 1 a (new): 1a. Member States shall provide information to and consult with non-profit organisations established, registered or operating in their territory prior to and during the transposition and implementation of the provisions of this Directive as well as the revision of relevant national provisions.

AddedArticle 10 Non-discrimination

RemovedArticle 31 – paragraph 2: 2. When Member States adopt those measures pursuant to paragraph 1, they shall contain a reference to this Directive or shall be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made and how that statement is to be formulated.

AddedMember States shall ensure that, within the ambit of application of this Directive, public authorities do notECBAs 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. [Am. 72]