Changes from report parliamentary committee draft to plenary report

RemovedArticle 11 a (new) – paragraph 5: 5. A decision of the Authority to de-register a European political party or foundation on the ground of a manifest and serious breach as regards compliance with the conditions set out in Article 3(1), points (d) or (e), or Article 3(2), points (c) or (d), shall be communicated to the European Parliament and the Council. The decision shall enter into force only if no objection is expressed by the European Parliament and the Council within a period of three months of the communication of the decision to them or if, before the expiry of that period, the European Parliament and the Council have both informed the Authority that they will not object. In the event of an objection by the European Parliament and by the Council, the European political party or foundation shall remain registered.

RemovedThis amendment is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments.

RemovedArticle 11 a (new) – paragraph 6: 6. The European Parliament and the Council may object to the decision only on grounds related to the assessment of compliance with the conditions for registration set out of Article 3(1), points (d) or (e), and Article 3(2), points (c) or (d).

RemovedThis amendment is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments.

RemovedArticle 11 a (new) – paragraph 7: 7. The European political party or European political foundation concerned shall be informed by the Authority that objections have been raised to the decision of the Authority to de-register it.

RemovedThis amendment is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments.

RemovedArticle 11 a (new) – paragraph 8: 8. The European Parliament and the Council shall adopt a position in accordance with their respective decision-making rules established in conformity with the Treaties. Any objection shall be duly reasoned and shall be made public.

RemovedThis amendment is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments.

RemovedArticle 11 b (new) – title: Article 11 b / Verification of obligations under national law

RemovedThis amendment is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments.

RemovedArticle 11 b (new) – paragraph 1: 1. If a European political party or a European political foundation has failed to fulfil relevant obligations under national law applicable by virtue of the first subparagraph of Article 17(2) and if, in the light of the fundamental right of freedom of association enshrined in Article 12 EU Charter of Fundamental Rights and the need to ensure pluralism of political parties in Europe, that failure is serious enough to justify its de-registration, the Member State of the seat may address to the Authority a request for de-registration. This request shall be duly reasoned. In particular, it shall identify precisely and exhaustively the illegal actions and the specific national requirements that have not been complied with.

RemovedThis amendment is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments.If a European political party or a European political foundation has failed to fulfil relevant obligations under national law applicable by virtue of the first subparagraph of Article 17(2) and if, in the light of the fundamental right of freedom of association enshrined in Article 12 EU Charter of Fundamental Rights and the need to ensure pluralism of political parties in Europe, this failure is seriously enough to justify its de-registration, the Member State of the seat may address to the Authority a request for de-registration.This request shall be duly reasoned. In particular, it shall identify precisely and exhaustively the illegal actions and the specific national requirements that have not been complied with. This addition intends to clarify the notion of “serious” failure of obligations under national law.

RemovedArticle 11 b (new) – paragraph 2: 2. If the subject matter of the Member States’ request relates exclusively or predominantly to elements affecting respect of the values on which the Union is founded, as expressed in Article 2 TEU, the Authority shall initiate a verification procedure in accordance with Article 11a.

RemovedArticle 19(3), first subparagraph, second sentence, point (a) of the proposal and Article 19(3), second subparagraph, COM proposal. This amendment is required by pressing reasons relating to the internal logic of the text.

RemovedArticle 11 b (new) – paragraph 3: 3. For any other matter, where, in its request pursuant to paragraph 1, the Member State confirms that (a) an effective remedy against such a request exists on national level and (b) all remedies concerning such a request have been exhausted, the Authority shall, after hearing the representative of the European political party or European political foundation concerned, assess whether the de-registration ground under Article 19(1), point (d), applies to the European political party or European political foundation concerned.

RemovedArticle 19(3), third subparagraph, moved here. Clarification that the remedy on the national level must be effective. Corrective measures under Article 33 are not applicable as the authority does not have the relevant competence to verify compliance.This amendment is required by pressing reasons relating to the internal logic of the text.

RemovedArticle 11 b (new) – paragraph 4: 4. In all cases, the Authority shall act without undue delay. The Authority shall inform the Member State concerned and the European political party or European political foundation concerned of how the reasoned request for de-registration has been followed up.

RemovedArticle 19(3), penultimate and last sentence moved here. This amendment is required by pressing reasons relating to the internal logic of the text.

Article 12 – paragraph 4: 4. Having regard to the committee's opinion, the Authority shall decide, pursuant to Article 30(1), point (a)(vii), whether to impose financial sanctions on the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned, in particular with regard to the committee's opinion, and shall be published expeditiously.

Change 29

ChangedUpdated reference. This amendment is requirednecessary byfor pressing reasons relatingrelated to the internal logic of the text.text in order to ensure its legal consistency.

Change 30

ChangedArticle 12 – paragraph 5: 5. The procedure set out in this Article is without prejudice to the procedure set out in Articles 11, 11a and 11b. The period referred to in Article 1111a(2) shall not apply to 11b.the procedure set out in this Article.

Change 31

ChangedThis amendment is requirednecessary byfor pressing reasons relatingrelated to the internal logic of the text.text in order to ensure its legal consistency.

Change 32

RemovedArticle 19 – paragraph 1: 1. A European political party or a European political foundation shall lose its European legal personality upon removal from the Register by a decision of the Authority: / (a) if, in the context of the procedure laid down in Article 11, the Authority finds that / (i) one of the conditions for registration laid down in Article 3(1), points (a),(b), (c), (f) or (g), or in Article 3(2), points (a), (b), (e), (f) or (g), is not complied with by the party or foundation in question; / (ii) one of the governance provisions set out Article 4(1), points (a), (b), (d), (e) and (f), or in Article 6(1), points (a) to (e) or (g), is not complied with by the party or foundation in question; / (iii) the party or foundation in question is in one of the situations of exclusion referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046; / (iv) the decision to register the party or foundation in question is based on information decisive for the registration decision that was incorrect or misleading and, , or where the decision has been obtained by deceit; / (b) if, in the context of the procedure laid down in Article 11a, the Authority finds that the conditions for registration laid down in Article 3(1), points (d) or (e), or Article 3(2), points (c) or (d), concerning respect for the values expressed in Article 2 TEU, have been manifestly and seriously breached by the European political party in question or by its member parties or by the European political foundation in question or i…

AddedArticle 13 – paragraph 1: The Authority shall annually prepare and publish a report on the political advertising activity of European political parties. This report shall include the reports for the relevant reporting year published by European political parties in accordance with Article 5(4).

RemovedArticle 19(1) is moved here as it is preferable to start with the legal basis for the adoption of a de-registration decision before dealing with the rules governing its notification, entry into effect and publication. This amendment is required by pressing reasons relating to the internal logic of the text.

AddedArticle 19 – paragraph 1: 1. A European political party or a European political foundation shall lose its European legal personality upon its removal from the Register by a decision of the Authority: / (a) if, in the context of the procedure laid down in Article 11, the Authority finds that / (i) one of the conditions for registration laid down in Article 3(1), point (a),(b), (c), (f) or (g), or in Article 3(2), point (a), (b), (e), (f) or (g), is not complied with by the European political party or European political foundation in question; / (ii) one of the governance provisions set out in Article 4(1), point (a), (b), (d), (e), (f), (h), (i) or (j), or in Article 6(1), points (a) to (e) or (g), is not complied with by the European political party or European political foundation in question; / (iii) the European political party or European political foundation in question is in one of the exclusion situations referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046; / (iv) the decision to register the European political party or European political foundation in question is based on information of a decisive nature for the registration decision that was incorrect or misleading or the decision was obtained by deceit; / (b) if, in the context of the procedure laid down in Article 11a, the Authority finds that the conditions for registration laid down in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d), concerning respect for the values enshrined in Article 2 TEU, have been …

RemovedArticle 19 – paragraph 2 – introductory part: 2. If the Authority decides to remove a European political party from the Register, it shall also remove a European political foundation affiliated to it from the Register.

AddedThis amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.

AddedArticle 19 – paragraph 2: 2. If the Authority decides to remove a European political party from the Register, it shall also remove a European political foundation affiliated to it from the Register. / (deleted) / (deleted) / (deleted) / (deleted)

Proposal consolidates the rules, which were laid down in Article 11(6) of the proposal and Article 19(2), point (b), of the proposal, since it applies to all cases where a European political party to which the European political foundation is affiliated is removed from the Register according to revised Article 19(1) proposal. This amendment is required by pressing reasons relating to the internal logic of the text.

Change 33

RemovedArticle 19 – paragraph 3: deleted / (deleted) / (deleted) / (deleted) / (deleted)

AddedArticle 19 – paragraph 3: 3. The Authority’s decision to remove a European political party or European political foundation from the Register shall be addressed, and notified, to the European political party or European political foundation concerned. The decision shall be published in the Official Journal of the European Union. / (deleted) / (deleted) / (deleted) / (deleted)

Change 34

ChangedMoved to 11b.ThisThis amendment is requirednecessary byfor pressing reasons relatingrelated to the internal logic of the text.text in order to ensure its legal consistency.

Change 35

RemovedArticle 19 – paragraph 4: 4. The decision on the removal shall be addressed, to the European political party or European political foundation concerned. It shall take effect upon notification to the European political party or European political foundation concerned in accordance with Article 297 TFEU. The decision shall be published in the Official Journal of the European Union.

AddedArticle 19 – paragraph 4: deleted

RemovedArticle 11(5) of the proposal and Article 19(1) of the proposal have been consolidated here. Decisions on the removal fall within the scope of the Article 297(2) TFEU. Decision shall take effect upon notification, consultation with MS therefore has no practical effect. This amendment is required by pressing reasons relating to the internal logic of the text.

AddedThis amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.

Change 36

ChangedArticle 20 – paragraph 3: 3. For the purposes of determining eligibility for funding1: from1. theA generalEuropean budgetpolitical ofparty thewhich Europeanis Unionregistered in accordance with paragraphthe 1conditions ofand thisprocedures Articlelaid anddown Articlein 3(1),this pointRegulation, (b),which andis forrepresented in the applicationEuropean ofParliament Articleby 22(1),at aleast memberone of the Europeanits Parliamentmembers, shalland bewhich consideredis asnot ain memberone of only one Europeanthe politicalsituations party,of whichexclusion shall,referred beto thein oneArticle to136(1) whichof theirRegulation national(EU, orEuratom) regional2018/1046 politicalmay partyapply isfor affiliatedfunding onfrom the finalgeneral datebudget forof the submissionEuropean ofUnion, applicationsin foraccordance funding.with /the Directterms membershipand shallconditions bepublished acceptedby whenthe aAuthorising MemberOfficer of the European Parliament is notin membera ofcall afor nationalcontributions orfrom regionalthe partygeneral affiliatedbudget toof athe European political party.Union.

Change 37

RemovedThis paragraph leaves a margin for interpretation concerning the prevalence of “indirect” membership (through a national or regional party) over “direct” membership. The amendments intends to clarify that both types of membership are relevant.

AddedThis amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.

RemovedArticle 21 – paragraph 2: 2. The European political party and the European political foundation shall , at the time of its application, comply with the obligations listed in Article 26 From the date of its application until the end of the financial year or of the action covered by the contribution or grant, it shall remain registered in the Register and shall not be the subject of any of the sanctions provided for in Article 30(1), points (a) (v) and (vi) .

AddedArticle 20 – paragraph 3 – subparagraph 1 a (new): Direct membership of the European Parliament shall be accepted in cases where a Member of the European Parliament is not member of a national or regional party affiliated to a European political party.

RemovedArticle 30(1) of the proposal should be deleted since de-registration decisions should not be qualified as sanctions. The legal bases for all the de-registration decisions have been consolidated in revised Article 19(1) and (2). Article 30(2) (vii) to (ix) of the proposal do not lead to the withdrawal of the funding decision.

AddedThis amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.

AddedArticle 20 – paragraph 5: 5. Within the limits set out in Articles 24 and 25, the expenditure reimbursable through a financial contribution from the general budget of the European Union shall include administrative expenditure and expenditure linked to technical assistance, meetings, research, cross-border events, studies, information and publications, as well as expenditure linked to campaigns.

AddedThis amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.

AddedArticle 21 – paragraph 1: 1. In order to receive funding from the general budget of the European Union, a European political party or European political foundation which satisfies the conditions of Article 20(1) or (2) shall file an application with the European Parliament following a call for contributions from the general budget of the European Union or a call for proposals.

AddedThis amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.

AddedArticle 21 – paragraph 2: 2. The European political party and the European political foundation shall , at the time of its application, comply with the obligations listed in Article 26. From the date of its application until the end of the financial year or of the action covered by the contribution or grant from the general budget of the European Union, it shall remain registered in the Register and shall not be the subject of any of the sanctions provided for in Article 30(1) and in Article 30(2), points (a) (v) and (vi).

AddedThis amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.

Article 21 – paragraph 3: deleted

Change 38

ChangedThis amendment is requirednecessary byfor pressing reasons relatingrelated to the internal logic of the text and is related to other admissible amendments. The proposal introduces financial sanctionsin relatedorder to the display of the logo and gender balance. They should not be criteria for funding as they are under the control of the Authority, whereas funding is under control of theensure EPits Authorisinglegal officer.consistency.

Article 21 – paragraph 4: deleted

Change 39

ChangedThis amendment is requirednecessary byfor pressing reasons relatingrelated to the internal logic of the text and is related to other admissible amendments. The proposal introduces financial sanctionsin relatedorder to the display of the logo and gender balance. They should not be criteria for funding as they are under the control of the Authority, whereas funding is under control of theensure EPits Authorisinglegal officer.consistency.

Change 40

RemovedArticle 23 – title: Donations, contributions and ancillary own resources

AddedArticle 21 – paragraph 5: deleted

RemovedArticle 23 – paragraph 2 – introductory part: 2. European political parties and European political foundations shall, at the time of the submission of their annual financial statements in accordance with Article 26, also transmit a list of all donors with their corresponding donations, indicating both the nature and the value of the individual donations. This paragraph shall also apply to contributions made by member parties of European political parties and member organisations of European political foundations and to contributions exceeding EUR 1 500 made by individual members of European political parties and European political foundations.

AddedThis amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.

RemovedThis amendment is required by pressing reasons relating to the internal logic of the text.

AddedArticle 21 – paragraph 7: 7. The Authorising Officer of the European Parliament shall adopt a decision within three months after closure of the call for contributions from the general budget of the European Union or call for proposals, and shall authorise and manage the corresponding appropriations in accordance with Regulation (EU, Euratom) 2018/1046.