Changes from report parliamentary committee draft to plenary report

AddedArticle 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.

Article 29 – title: Reporting and review

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ChangedArticle 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.

Change 33

ChangedArticle 29 – paragraph 1: 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 include in particular: / (a) an evaluation of the effectiveness of the Directive with regard to the goals pursued, / (b) an assessment of possible benefits and the feasibility of harmonising at Union level the recognition and granting of a public benefit status, in particular to ECBAs , / (c) an assessment of possible benefits and the feasibility of putting forward a proposal for abe Regulationpreceded forby a European Association similar to Regulation (EU, Euratom) No 1141/2014 of the European Parliament andconsultation of the Council on the statute and funding ofrelevant Europeanstakeholders, politicalincluding partiesECBAs and European political foundations, / (d) an assessmentother ofrelevant possiblenon-profit benefitsorganisations, and the feasibility of bringing a proposal for a Regulation for a European statute for foundations. / Where appropriate, the report shall be accompanied by a proposal for amendment ofinclude thisin Directive.particular:

Change 34

RemovedArticle 29 a (new): Article 29a / ECBA Committee / 1. The Commission shall be assisted by a Committee called the ECBA Committee. The ECBA Committee shall be composed of two representatives of each Member State. The committee shall be chaired by a representative of the Commission. The chair shall not take part in the committee vote. Member States and the Commission shall ensure a gender balance in the composition of national delegations. 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 this Article. It shall promote the exchange of information, experience and best practices as well as the coordination of policy approaches among national governments and the Commission. / 3. The Committee shall prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative. / 4. The Committee shall work, as appropriate, in cooperation with other relevant bodies and committees, such as the EU Agency for Fundamental Rights. / 5. In fulfilling its mandate, the Committee shall establish appropriate contacts with relevant stakeholders and non-profit associations in particular, and may invite them to their meetings. / 6. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall appl…

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

RemovedMoved and amended from article 30

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

AddedArticle 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;

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

AddedArticle 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.

Article 30: deleted / (deleted) / (deleted) / (deleted)

Change 35

RemovedMoved to chapter 6

AddedArticle 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.

Change 36

ChangedArticle 31 – paragraph 1:1 1.a (new): 1a. Member States shall adoptprovide andinformation publishto theand laws,consult regulations,with andnon-profit administrativeorganisations provisionsestablished, necessaryregistered toor complyoperating within thistheir Directiveterritory byprior [1to yearand fromduring the entrytransposition intoand forceimplementation of thisthe Directive].provisions Theyof shallthis immediatelyDirective communicateas thewell textas ofthe thoserevision measuresof torelevant thenational Commission.provisions.

Change 37

ChangedArticle 31 – paragraph 1 a2: (new):2. 1a.When Member States shall consult non-profitadopt organisationsthose established,measures registeredpursuant orto operatingparagraph in1, theirthey territoryshall incontain a timely, transparent and meaningful manner about thereference transpositionto andthis implementationDirective ofor theshall provisionsbe ofaccompanied thisby Directivesuch asa wellreference ason the revisionoccasion of relevanttheir nationalofficial provisions.publication. SuchMember consultationStates shall take placedetermine priorhow tosuch thereference transpositionis ofto thisbe Directivemade and athow leastthat twicestatement ais yearto thereafter.be formulated.