European cross-border associations
TA-9-2024-0147 · P9_TA(2024)0147 · PE756.270
Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.
Parliament's amended version of a proposed directive creates a legal form called the European cross-border association (ECBA) in every member state.¶¶ An ECBA must be membership-based, non-profit, have at least three founding members and operate in at least two member states.¶¶ It registers once in its home member state, is recognised automatically across the Union, and may transfer its registered office to another member state.¶¶¶ Member states must not impose nationality, residence or physical-presence requirements, or restrict funding, services, goods or economic activities except on stated grounds.¶¶¶ An ECBA may be dissolved voluntarily by its members or involuntarily by a competent authority only for listed reasons, with safeguards and judicial review.¶¶¶
Key points
- Each member state must establish the legal form of the European cross-border association (ECBA) in its legal system.¶
- An ECBA must have a non-profit purpose: profits are used only for its objectives and not distributed to members, founders or other private parties.¶¶
- An ECBA must carry out or plan activities in at least two member states and have founding members linked to at least two member states.¶
- Trade unions, political parties, churches and religious or philosophical organisations may not establish an ECBA, but may become non-founding members.¶¶¶
- An ECBA must have a decision-making body and an executive body of at least three persons, and each member has one vote unless the statutes differentiate.¶¶¶
- Member states must recognise the legal personality and legal capacity of an ECBA registered in another member state without further procedures.¶
- Member states must not impose requirements based on nationality or residence of members or the executive body, or require physical presence for meetings.¶¶
- Member states must not require an ECBA's central administration or principal place of operation to be in the same member state as its registered office.¶
- Member states must not generally prohibit ECBAs from carrying out economic activities or require such activities to be linked to their statutory objectives.¶¶¶
- An ECBA must have at least three founding members and registers once in its home member state; registration is valid throughout the Union.¶¶¶
- An ECBA may transfer its registered office to another member state without dissolution or creation of a new legal person.¶¶
- An ECBA may be dissolved voluntarily by its members or involuntarily by the competent authority only for listed reasons, with a reasoned notice and judicial review.¶¶¶
Who is affected
- Non-profit associations: may convert into or merge into an ECBA and gain automatic recognition across the Union.¶¶
- Member states: must establish the ECBA legal form, designate competent authorities and set up a register.¶¶¶
- Founding members: must be Union citizens, legally resident third-country nationals or non-profit legal entities established in the Union.
- Employees and creditors: must be informed of a transfer of registered office and given safeguards.¶¶
Figures and deadlines
- At least three founding members are required to constitute an ECBA.¶
- The executive body must be composed of a minimum of three persons.¶
- Registration must take place within 30 days from the submission of a complete application.¶
- Incomplete applications must be completed or rectified within not less than 15 days.¶
- The ECBA certificate must be issued within 5 days from registration.¶
- Registered ECBAs must notify changes to register information within 30 days.¶
- Public information on a dissolved ECBA is available for no longer than 6 months after the end of the financial year following dissolution.¶
- Personal data must not be retained in the register for longer than 25 years after dissolution.¶
Legal basis: Article 50 and Article 114 of the Treaty on the Functioning of the European Union.¶