On the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1024/2012 and (EU) 2018/1724 as regards the use of the Internal Market Information System and the Single Digital Gateway for the purposes of certain requirements laid down by Directive (EU) .../... of the European Parliament and of the Council on European cross-border associations (COM(2023)516))

PR_COD_1amCom

Symbols for procedures

* Consultation procedure

*** Consent procedure

***I Ordinary legislative procedure (first reading)

***II Ordinary legislative procedure (second reading)

***III Ordinary legislative procedure (third reading)

(The type of procedure depends on the legal basis proposed by the draft act.)

Amendments to a draft act

Amendments by Parliament set out in two columns

Deletions are indicated in bold italics in the left-hand column. Replacements are indicated in bold italics in both columns. New text is indicated in bold italics in the right-hand column.

The first and second lines of the header of each amendment identify the relevant part of the draft act under consideration. If an amendment pertains to an existing act that the draft act is seeking to amend, the amendment heading includes a third line identifying the existing act and a fourth line identifying the provision in that act that Parliament wishes to amend.

Amendments by Parliament in the form of a consolidated text

New text is highlighted in bold italics. Deletions are indicated using either the ▌symbol or strikeout. Replacements are indicated by highlighting the new text in bold italics and by deleting or striking out the text that has been replaced.

By way of exception, purely technical changes made by the drafting departments in preparing the final text are not highlighted.

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council amending Regulations (EU) No 1024/2012 and (EU) 2018/1724 as regards the use of the Internal Market Information System and the Single Digital Gateway for the purposes of certain requirements laid down by Directive (EU) .../... of the European Parliament and of the Council on European cross-border associations

(COM(2023)0515 – C90327/2023 – 2023/0314(COD))

(Ordinary legislative procedure: first reading)

– having regard to the Commission proposal to Parliament and the Council (COM(2023)0515),

– having regard to Article 294(2), Article 21(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90327/2023),

– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinion of the Committee on Legal Affairs,

– having regard to the report of the Committee on the Internal Market and Consumer Protection (A90000/2023),

1. Adopts its position at first reading hereinafter set out;

2 Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a regulation

Recital 2

Text proposed by the Commission

Amendment

(2) Pursuant to Article 30(2) of Directive COM(2023)516, the administrative cooperation and the exchange of information between the competent authorities of the Member States is to be implemented through the Internal Market Information System (‘IMI system’) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council5 . For that reason, the necessary administrative cooperation procedures should be established in the IMI system.

(2) Pursuant to Article 28(2) of Directive COM(2023)516, the administrative cooperation and the exchange of information between the competent authorities of the Member States is to be implemented through the Internal Market Information System (‘IMI system’) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council5 . For that reason, the necessary administrative cooperation procedures and the procedures for the exchange of information between the competent authorities should be established in the IMI system.

Or. en

Amendment 2

Proposal for a regulation

Recital 3

Text proposed by the Commission

Amendment

(3) In accordance with Articles 2 and 3 of Regulation (EU) 2018/1724 of the European Parliament and of the Council6 , the single digital gateway shall give access to information, procedures as well as assistance and problem-solving services to citizens of the Union, natural persons residing in a Member State and legal persons having their registered office in a Member State. The operative part and Annex I of Regulation (EU) 2018/1724 should be amended to ensure that the scope is not understood as limited to citizens and businesses and concerns legal persons other than businesses, such as ECBAs.

(3) In accordance with Articles 2 and 3 of Regulation (EU) 2018/1724 of the European Parliament and of the Council6 , the single digital gateway provides access to information, procedures as well as assistance and problem-solving services to citizens of the Union, natural persons residing in a Member State and legal persons having their registered office in a Member State. The operative part and Annex I of Regulation (EU) 2018/1724 should be amended by this Regulation to ensure that the scope is not understood as limited to citizens and businesses and concerns legal persons other than businesses, such as ECBAs.

Or. en

Amendment 3

Proposal for a regulation

Recital 5 a (new)

Text proposed by the Commission

Amendment

(5a) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered an opinion on 31 October 2023,

Or. en

EXPLANATORY STATEMENT

Introduction

The Commission's proposal for a directive on European cross-border associations (ECBAs) introduces an additional legal form of a European cross-border association (ECBA) in national legal systems of the Member States, which is specifically designed for cross-border purposes and will reduce legal and administrative burden when it comes to the recognition and establishment of non-profit associations engaging in activities in another Member State. Once established in one Member State, an ECBA will be recognised automatically and will be able to engage in activities in all Member States, including economic activities, thereby allowing non-profit associations to unleash their full societal and economic potential in the EU.

With the proposed directive, the Commission also proposed an accompanying Regulation of technical nature amending the Internal Market Information (IMI) system and the Single Digital Gateway (SDG) Regulations, to allow cooperation and exchange of information among competent authorities through the IMI system and to conduct digital operations through the SDG allowing access to information about ECBAs available online.

Draft report

The Rapporteur welcomes the Commission proposal to amend the IMI system and SDG for the purpose of establishing and operating ECBAs. The draft report contains only technical changes to enhance the clarity of the text, without modifying the substance. Amongst others, the draft report clarifies that also the exchanges of information between the competent authorities should be established in the IMI system. The opinion of the European Data Protection Supervisor, which was published on 31 October 2023, should be highlighted in a recital.

ANNEX: ENTITIES OR PERSONS FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT

The rapporteur declares under his exclusive responsibility that he did not receive input from any entity or person to be mentioned in this Annex pursuant to Article 8 of Annex I to the Rules of Procedure.