Changes from report parliamentary committee draft to plenary report

AddedArticle 30 – paragraph 2 – point a – point ii a (new): (iia) in the event of non-compliance with the obligations under Article 4a(1);

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

AddedArticle 30 – paragraph 2 – point a – point ii b (new): (iib) in the event of non-compliance with the obligations under Article 4a(2);

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

AddedArticle 30 – paragraph 2 – point a – point ii c (new): (iic) in the event of non-compliance with the obligations under Article 5(1) to (5);

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

Article 30 – paragraph 2 – point a – point viii: deleted

Change 50

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

Article 30 – paragraph 2 – point a – point ix: deleted

Change 51

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

AddedArticle 30 – paragraph 2 – point b – point i: (i) where a European political party or a European political foundation has accepted donations, contributions or association fees that are not permitted under Article 23(1) or (6), unless the conditions laid down in Article 23(7) are met;

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

Article 30 – paragraph 4 – introductory part: 4. For the purposes of paragraphs 1 and 2, the following financial sanctions shall be imposed on a European political party or a European political foundation:

Change 52

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

Change 53

ChangedArticle 30 – paragraph 4 – point b – subparagraph 1 – introductory part: (b) in cases of quantifiable infringements, a fixed percentage of the amount of the irregular sums received or not reported or of the sums used for funding activities that are prohibited fundingunder activities,Article 25, in accordance with the following scale, up to a maximum of 10 % of the annual budget of the European political party or European political foundation concerned:

Change 54

ChangedThis amendment is requirednecessary byfor pressing reasons relatingrelated to the internal logic of the text.The wordingtext in Article 27(4) COM proposal should be adaptedorder to include expressly inensure its scope the infringements related to financing of campaigns and prohibition oflegal funding.consistency.

Change 55

ChangedArticle 30 – paragraph 4 – point b – paragraphsubparagraph 1:2: For the application of the percentages indicated in the first subparagraph, each donation, contributioncontribution, association fee or prohibitedsum used for funding activityactivities that are prohibited under Article 25 shall be considered separately.

Change 56

RemovedArticle 30 – paragraph 5 a (new): 5a. The Authority shall recover the corresponding amounts from the European political party or the European political foundation on which financial sanctions have been imposed.

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. There is no provision in the Regulation referring to the recovery of the amounts related to sanctions. This new provision aims to clarify that the Authority is responsible for the recovery of the amounts related to sanctions.

AddedArticle 30 – paragraph 5 a (new): 5a. The Authority shall recover the corresponding amounts from the European political party or European political foundation on which financial sanctions have been imposed.

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

Article 33 – paragraph 1: 1. With a view to fully comply with the obligations referred to in Article 38, before the Authority’s final decision relating to any of the sanctions referred to in Article 30(1), points (a)(i) to (iv), the Authority or the Authorising Officer of the European Parliament shall give the European political party or the European political foundation concerned an opportunity to introduce the measures required to remedy the situation within a reasonable period of time, which shall not normally exceed one month. In particular, the Authority or the Authorising Officer of the European Parliament shall allow the possibility of correcting clerical and arithmetical errors, providing additional documents or information where necessary or correcting minor mistakes.

Change 57

RemovedThis amendment is required by pressing reasons relating to the internal logic of the text. Since it is suggested not to qualify de-registration decisions for non-compliance with conditions for registration as “sanctions” anymore and to delete Article 30(1) of the proposal, Article 33 of the proposal has to be adapted. The scope of Article 33 has been limited to cases where the possibility of corrective measures makes sense.

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

AddedArticle 33 – paragraph 2: 2. Where a European political party or a European political foundation has failed to take sufficient corrective measures within the period of time referred to in paragraph 1, the appropriate sanctions referred to in Article 30 shall be decided.

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

Article 33 – paragraph 3: deleted

Change 58

ChangedThis amendment is requirednecessary byfor pressing reasons relatingrelated to the internal logic of the text. Since the present Article shouldtext notin applyorder to de-registration decisions anymore, Article 33(3) of the proposal hasensure toits belegal deleted.consistency.

Change 59

ChangedArticle 34 – title: Withdrawal of thea funding decision with effect for the future

Change 60

RemovedThis amendment is required by pressing reasons relating to the internal logic of the text. The distinction between retroactive measures and measures with effect for the future has been maintained. Within the category of withdrawal of the funding decision, withdrawal with effect for the future (Article 34 revised) and retroactive withdrawal (Article 34a revised) are distinguished. Some of the rules laid down in Article 34 of proposal have already been clarified in the Bureau decision. Where appropriate, these clarifications are proposed to be incorporated into the Regulation.

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

RemovedArticle 34 – paragraph 1: deleted

AddedArticle 34 – paragraph 1: 1. The Authorising Officer of the European Parliament shall withdraw an ongoing funding decision addressed to a European political party or European political foundation with effect for the future on the basis of the following grounds: / (a) a decision by the Authority to remove the party or foundation from the Register, with the exception of a decision based on the ground for deregistration laid down in Article 19(1), point (a) (iv); / (b) a sanction decision based on Article 30(1), points (a)(v) and (vi). / Other grounds for the withdrawal of a funding decision with effect for the future may be provided for in the contribution or grant agreement.

Change 61

ChangedThis amendment is requirednecessary byfor pressing reasons relatingrelated to the internal logic of the text.text Rewordedin byorder amendingto paragraphensure 2.its legal consistency.

Change 62

ChangedArticle 34 – paragraph 2 – introductory part:2: 2. 1. The Authorising Officer of the EuropeanA Parliamentdecision shallto withdraw an ongoingthe funding decision addressed to a European political party or a European political foundation with effect for the future on the following grounds:shall /take (a)effect on the basis of a decision by the Authority to remove the party or foundation from theday Register,specified within the exception of awithdrawal decision based on the de-registration ground laid down inor, Articleif 19(1)(a),no pointday (iv);is /specified b)therein, on the basis of a sanction decision basedday on Article 30(1) points (a)(v) and (vi). / Other grounds forwhich the withdrawal of a funding decision withis effectnotified forto the futureEuropean maypolitical beparty providedor forEuropean inpolitical thefoundation. contribution/ or(deleted) grant/ agreement.(deleted)

Change 63

RemovedThis amendment is required by pressing reasons relating to the internal logic of the text. Under Article 30(1) of the proposal, in the case of a de-registration decision:- based on the grounds that one of the governance provisions set out in Article 4or in Article 6(1), points of the proposal is no longer complied with by the party or foundation in question; and on Article 11(6) (=Article 19(2) revised proposal), by which the European political foundation is de-registered because its affiliated European political party is de-registered, the funding decision is withdrawn retroactively.

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

RemovedArticle 34 – paragraph 2 a (new): 2a. A decision to withdraw the funding decision with effect for the future shall take effect on the day specified in the withdrawal decision or, if no day is specified therein, on the day on which the withdrawal decision is notified to the European political party or European political foundation.

AddedArticle 34 – paragraph 2 a (new): 2a. The withdrawal of the funding decision with effect for the future shall have the following consequences: / (a) the contribution or grant agreement shall be terminated from the day that the withdrawal decision takes effect; / (b) payments by the Authorising Officer of the European Parliament shall be limited to the reimbursable expenditure actually incurred by the European political party or the eligible costs actually incurred by the European political foundation up to the date when the withdrawal decision takes effect; / (c) expenditure or costs incurred by the European political party or European political foundation from the day that the withdrawal of the funding decision takes effect shall be qualified as non-reimbursable expenditure or ineligible costs; / (d) the Authorising Officer of the European Parliament shall recover all Union funds unduly paid, including: / (i) Union funds that have been spent for non-reimbursable expenditure or ineligible costs; and / (ii) any unused Union pre-financing that has not been spent before the date on which the withdrawal decision takes effect, including unspent Union funds from previous years; and / (e) the Authorising Officer of the European Parliament shall recover any amounts unduly paid from a natural person in respect of whom a decision pursuant to Article 34 has been taken.

Change 64

ChangedThis amendment is requirednecessary byfor pressing reasons relatingrelated to the internal logic of the text. Reflects Bureau decision, Article II.14.3, first paragraph,text firstin sentenceorder ofto theensure modelits fundinglegal agreementconsistency.

Change 65

ChangedArticle 34 – paragrapha 2(new): bArticle (new):34a 2b./ TheRetroactive withdrawal of the funding decision with/ effect1. forOn the futurebasis shallof havea thedecision followingtaken consequences:by /the (a)Authority theremoving contributiona orEuropean grantpolitical agreementparty willor beEuropean terminatepolitical foundation from the dayRegister, thatbased on the withdrawalground decisionfor takesderegistration effect;laid /down (b)in paymentsArticle by19(1), point (a)(iv), the Authorising Officer of the European Parliament will be limited to theshall reimbursablewithdraw expenditurefunding actuallydecisions incurredaddressed byto the European political party or the eligible costs actually incurred by the European political foundation upconcerned towith retroactive effect from the date whenof the withdrawaladoption decisionof takesthose effectdecisions. / (c) expenditure2. orThe costsretroactive incurredwithdrawal byof the Europeanfunding politicaldecision partyshall orhave the Europeanfollowing politicalconsequences: foundation/ from(a) the daycontribution thator thegrant withdrawalagreement ofshall thebe fundingterminated decisionfrom takesthe effectday willof bethe qualifiednotification asof non-reimbursablethat expendituretermination orto ineligiblethe costs;European /political d)party theor AuthorisingEuropean Officerpolitical offoundation theconcerned; European/ Parliament(b) willall recoverexpenditure allor Unioncosts fundsincurred undulyby paid,the includingEuropean /political (i)party Unionor fundsEuropean thatpolitical havefoundation beenshall spentbe forqualified as non-reimbursable expenditure or ineligible costs:costs; and / (ii)(c) any unused Union pre-financing that has not beenamount spentpaid beforeunder the date on whichcontribution theor withdrawalgrant decisionagreement, takesalong effect,with includingany unspent Union funds from previous years; and / (e) the Authorising Officer of the European Parliamentyears, shall recover any amounts unduly paid from a naturalbe personconsidered into respectbe ofundue whompayments aand decisionshall pursuantbe torecovered Articleunder 34Regulation has(EU, beenEuratom) taken.2018/1046.

Change 66

RemovedArticle 34 a (new): Article 34a / Retroactive withdrawal of the funding decision / 1. On the basis of a decision, taken by the Authority removing a European political party or a European political foundation from the Register, based on the de-registration ground laid down in Article 19(1), point (a) (iv), the Authorising Officer of the European Parliament shall withdraw funding decisions addressed to the party or foundation concerned with retroactive effect from the date of the adoption of those decisions. / 2. The retroactive withdrawal of the funding decision shall have the following consequences: / (a) the contribution or grant agreement will be terminated from the day of the notification of that termination to the party or foundation concerned; / (b) all expenditure or costs incurred by the European political party or the European political foundation will to be qualified as non-reimbursable expenditure or ineligible costs; and / (c) any amount paid under the contribution or grant agreement, along with any unspent Union funds from previous years, will be considered to be undue payments and will be recovered under the applicable rules of the Financial Regulation.

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. Retroactive withdrawal of a funding decision is justified in the case where the de-registration of the European political party or European political foundation concerned is based on the ground that the decision to register the party or foundation in question was based on incorrect or misleading information for which the applicant is responsible, or where such a decision has been obtained by deceit. It is proposed to extend the retroactive effect to all funding decisions, not only the ongoing one

AddedArticle 36 – paragraph 1 – introductory part: 1. The European Parliament, or the Authority, in accordance with the distribution of their responsibilities, shall make public in an open, machine readable format on a website created for that purpose, the following:

RemovedArticle 36 – paragraph 1 – introductory part: 1. The European Parliament or the Authority, , under the authority of its Authorising Officer or under that of the Authority, shall, in accordance with their respective responsibilities, make public the following on a websites created for that purpose, in an open, machine readable format :

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. This modification aims to clarify that the European Parliament and the Authority are independent bodies.

AddedArticle 36 – paragraph 1 – point f: (f) the contributions and association fees referred to in Article 23(9) and (10) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the individual members, member parties or organisations which made those contributions, with the exception of contributions above EUR 1 500 up to and including EUR 3 000 per year from natural persons where those persons have not given their written consent to such publication;

RemovedArticle 36 – paragraph 1 – point f: (f) the contributions referred to in Article 23(9) and (10) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the individual members, member parties or organisations which made those contributions, with the exception of / contributions above EUR 1 500 up to and including EUR 3 000 per year from natural persons where those persons have not given their written consent to such publication.

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 36 – paragraph 1 – point f a (new): (fa) the association fees referred to in Article 23(9a) and (10a) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the parties or organisations which made those payments;

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

AddedArticle 36 – paragraph 1 – point f b (new): (fb) the ancillary own resources referred to in Article 23(13) and reported by European political parties and European political foundations in accordance with Article 23(2);

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

Article 36 – paragraph 2: 2. The Authority shall make public the list of legal persons who are members of a European political party, as annexed to the party statutes in accordance with Article 4(2) and updated in accordance with Article 10(6), as well as the total number of individual members.

Change 67

ChangedThis amendment is requirednecessary byfor pressing reasons relatingrelated to the internal logic of the text. Both Article 4(2) and 10(6) refer totext competenciesin assignedorder to the Authority, who receives this information and any updateensure fromits thelegal parties.consistency.

Change 68

RemovedArticle 44 – paragraph 2: deleted