REPORT on the proposal for a regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast)
27.7.2022 - (COM(2021)0734 – C9‑0432/2021 – 2021/0375(COD)) - ***I
Committee on Constitutional Affairs
Rapporteurs: Charles Goerens, Rainer Wieland
(Recast – Rule 110 of the Rules of Procedure)
- DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
- ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS
- ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
- OPINION OF THE COMMITTEE ON BUDGETS
- PROCEDURE – COMMITTEE RESPONSIBLE
- FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast)
(COM(2021)0734 – C9‑0432/2021 – 2021/0375(COD))
(Ordinary legislative procedure – recast)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2021)0734),
– having regard to Article 294(2) and Article 224 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community, pursuant to which the Commission submitted the proposal to Parliament (C9‑0432/2021),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the Court of Auditors of 7 April 2022[1],
– having regard to the opinion of the European Economic and Social Committee of ...,
– having regard to the opinion of the Committee of the Regions of 28 April 2022[2],
– having regard to the Interinstitutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts[3],
– having regard to the letter of 16 June 2022 sent by the Committee on Legal Affairs to the Committee on Constitutional Affairs in accordance with Rule 110(3) of its Rules of Procedure,
– having regard to Rules 110 and 59 of its Rules of Procedure,
– having regard to the opinion of the Committee on Budgets,
– having regard to the report of the Committee on Constitutional Affairs (A9-0223/2022),
A. whereas, according to the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission, the Commission proposal does not include any substantive amendments other than those identified as such in the proposal and whereas, as regards the codification of the unchanged provisions of the earlier acts together with those amendments, the proposal contains a straightforward codification of the existing texts, without any change in their substance;
1. Adopts its position at first reading hereinafter set out, taking into account the recommendations of the Consultative Working Party of the legal services of the European Parliament, the Council and the Commission;
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 a (new)
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Text proposed by the Commission |
Amendment |
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(2a) Article 8 of the Treaty on the Functioning of the European Union (TFEU) establishes the principle of gender mainstreaming, by which the Union aims to eliminate inequalities, and to promote equality, between men and women, in all its activities. |
Amendment 2
Proposal for a regulation
Recital 3 a (new)
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Text proposed by the Commission |
Amendment |
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(3a) Article 21 of the Charter establishes the right to gender equality in all areas. |
Amendment 3
Proposal for a regulation
Recital 12 a (new)
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Text proposed by the Commission |
Amendment |
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(12a) Differentiated levels of affiliation and a category of ‘research partners’ should be recognised for European political foundations, in order to allow more flexibility and facilitate freedom of research. |
Amendment 4
Proposal for a regulation
Recital 23
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Text proposed by the Commission |
Amendment |
(23) The European legal status granted to European political parties and their affiliated foundations should provide them with legal capacity and recognition in all the Member States. Such legal capacity and recognition do not entitle them to nominate candidates in national elections or elections to the European Parliament . Any such or similar entitlement remains under the competence of Member States. |
(23) The European legal status granted to European political parties and their affiliated foundations should provide them with legal capacity and recognition in all the Member States. Such legal capacity and recognition do not entitle them to nominate candidates in national elections or in national or regional constituencies in the elections to the European Parliament . Any such or similar entitlement remains under the competence of Member States. |
Amendment 5
Proposal for a regulation
Recital 38
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Text proposed by the Commission |
Amendment |
(38) Regulation (EU, Euratom) No 1141/2014 acknowledges only two categories of revenues for European political parties and foundations apart from contributions from the budget of the European Union, namely contributions from members and donations. A number of revenue sources generated from own economic activities (such as sales of publications or conference fees) fall outside the scope of these two categories, creating accounting and transparency problems. A third category of revenues (‘own resources’) should therefore be created. The proportion of own resources in the total budget of a European political party or foundations should be capped at 5% to avoid that it becomes overdimensioned in relation to the overall budget of these entities. |
(38) Regulation (EU, Euratom) No 1141/2014 acknowledges only two categories of revenues for European political parties and European political foundations apart from contributions from the budget of the European Union, namely contributions or association fees from members and donations. A number of revenue sources generated from own economic activities (such as sales of publications or conference or workshop fees) fall outside the scope of those two categories, creating accounting and transparency problems. A third category of revenues (‘ancillary own resources’) should therefore be created. The proportion of ancillary own resources in the total budget of a European political party or of a European political foundation should be capped at 10 % of the amount generated by contributions and association fees so that it remains proportionate to the overall budget of these entities. |
Amendment 6
Proposal for a regulation
Recital 39
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Text proposed by the Commission |
Amendment |
(39) In order to reach out to their members and constituencies across the Union, European political parties should have the right to use their funding for cross-border political campaigns. The funding and limitation of election expenses for parties and candidates in those campaigns should be governed by the rules applicable in each Member State. |
(39) In order to reach out to their members and constituencies across the Union, European political parties should have the right to use their funding for cross-border political campaigns, such as referendum campaigns and campaigns conducted in the context of elections to the European Parliament, including by setting up and promoting Union-wide lists of candidates in such elections. The funding and limitation of election expenses for parties and candidates in those campaigns should be governed by the rules applicable in each Member State. |
Amendment 7
Proposal for a regulation
Recital 41
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Text proposed by the Commission |
Amendment |
(41) European political parties should not fund, directly or indirectly, other political parties and, in particular, national parties or candidates. European political foundations should not fund, directly or indirectly, European or national political parties or candidates. The prohibition of indirect funding should however not prevent European political parties from publicly supporting and engaging with their member parties in the Union on issues of relevance for the Union, or to support political activities in the common interest, to be able to fulfil their mission under Article 10(4) TEU. Moreover, European political parties and their affiliated European political foundations should only finance activities in the context of national referendum campaigns when they concern the implementation of the TEU and the TFEU . These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice. |
(41) European political parties and European political foundations should not use funding received from the general budget of the European Union for the direct or indirect funding of other political entities and, in particular, national parties or candidates. The prohibition of indirect funding should however not prevent European political parties or European political foundations from publicly supporting and engaging with their member parties or member organisations in the Union on issues of relevance for the Union, from supporting political activities in the common interest, or from engaging in educational activities, in order to be able to fulfil their mission under Article 10(4) TEU and to reinforce the European demos. The prohibition of indirect funding should not prevent the participation of representatives and staffers of political parties, or of potentially politically active persons, in the events of European political foundations. However, European political foundations should not engage in the training of political candidates in the six months before national or European elections. Moreover, European political parties should only finance activities in the context of national referendum campaigns when they concern issues directly related to the Union. These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice. |
Amendment 8
Proposal for a regulation
Recital 50
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Text proposed by the Commission |
Amendment |
(50) It is necessary to establish a common repository for the disclosures of European political parties. Given its specific role in the implementation of this Regulation, the Authority should establish and manage such repository as a part of the Registry for European political parties. The information contained in the repository should be transmitted by European Political Parties to the Authority using a standard format and may be automated. European political parties should make available in the Authority’s repository information to enable the wider context of the political advertisement and its aims to be understood. The information on the amount allocated to political advertising in the context of a specific campaign to be included in the repository may be based on an estimated allocation of funding. The amounts to be mentioned in the repository include donations for specific purposes or benefits in kind. |
(50) It is necessary to establish a common repository for the disclosures of European political parties. Given its specific role in the implementation of this Regulation, the Authority should establish and manage such repository as a part of the Registry for European political parties. The information contained in the repository should be transmitted by European Political Parties to the Authority using a standard format and may be automated. European political parties should make available in the Authority’s repository information to enable the wider context and objectives of the political advertisement to be understood by citizens. The information on the amount allocated to political advertising in the context of a specific campaign to be included in the repository may be based on a realistic estimate of funding and the actual amounts, once known. The amounts to be mentioned in the repository include donations for specific purposes, benefits in kind, contributions, association fees and ancillary own resources. |
Justification
This change aims at aligning the recital with Annex II - paragraph 1 - indent 2 regarding the disclosure of the actual amounts. In addition, other own resources are a new source of funding and should be reported, along with contributions, association fees, donations and benefits in kinds. The proposed terms “association fees” and “other own resources” apply throughout the text. Adopting the amendment will necessitate corresponding changes throughout.
Amendment 9
Proposal for a regulation
Recital 61
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Text proposed by the Commission |
Amendment |
(61) In order to facilitating the monitoring of the implementation of this Regulation, single points of contact in charge of coordination with the European level should be designated by each Member Sate. Such contact points should be adequately resourced to be able to ensure effective coordination, including on issues related to the monitoring of political advertising, |
(61) In order to facilitating the monitoring of the implementation of this Regulation, single points of contact in charge of coordination with the European level should be designated by each Member State. Such contact points should be adequately resourced to be able to ensure effective coordination, including on issues related to the monitoring of political advertising. The Authority should regularly convene the single points of contact designated by the Member States in order to exchange best practices on matters of common concern. |
Justification
Regular meetings will help strengthening cooperation between Member States and the Authority and contribute to a better flow of information at European level.
Amendment 10
Proposal for a regulation
Article 2 – paragraph 1 – point 1 – point b
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Text proposed by the Commission |
Amendment |
(b) it is either recognised by, or established in accordance with, the legal order of at least one Member State; |
(b) it is either recognised by, or established in accordance with, the legal order of at least one Member State or of a third country that belongs to the Council of Europe and has full rights of representation therein; |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 11
Proposal for a regulation
Article 2 – paragraph 1 – point 3
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Text proposed by the Commission |
Amendment |
(3) ‘European political party’ means a political alliance which pursues political objectives , aims to pursue those objectives across the Union, and is registered with the Authority for European political parties and foundations referred to in Article 7, in accordance with this Regulation; |
(3) ‘European political party’ means a political alliance which pursues political objectives, which aims to pursue those objectives across the Union, and of which a majority of its member parties are either recognised by or established in accordance with the legal order of at least one Member State and have their seat within the European Union, and is registered with the Authority for European political parties and foundations referred to in Article 7, in accordance with this Regulation; |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 12
Proposal for a regulation
Article 2 – paragraph 1 – point 7
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Text proposed by the Commission |
Amendment |
(7) 'donation' means any cash offering, any offering in kind, the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, with the exception of contributions from members and usual political activities carried out on a voluntary basis by individuals; |
(7) 'donation' means any payment, any offering in kind, the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, with the exception of contributions, association fees, ancillary own resources and usual political activities carried out on a voluntary basis by individuals; |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 13
Proposal for a regulation
Article 2 – paragraph 1 – point 8
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Text proposed by the Commission |
Amendment |
(8) 'contribution from members' means any payment in cash, including membership fees, or any contribution in kind, or the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, when provided to that European political party or to that European political foundation by one of its members, with the exception of usual political activities carried out on a voluntary basis by individual members; |
(8) 'contribution' means any payment, except where it is clearly indicated that the contribution comes from the general budget of the European Union, including membership fees, or any contribution in kind, or the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, when provided to that European political party or to that European political foundation by one of its members that have their respective seats or places of residence within the Union, with the exception of usual political activities carried out on a voluntary basis by individual members; |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 14
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
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Text proposed by the Commission |
Amendment |
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(8 a) 'association fees' means any payment provided to the European political party or European political foundation by one of its member parties or member organisations, which have their seat in a third country that belongs to the Council of Europe and has full rights of representation therein. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 15
Proposal for a regulation
Article 2 – paragraph 1 – point 9
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Text proposed by the Commission |
Amendment |
(9) ‘own resources’ means income generated by own economic activities, such as conference fees and sales of publications; |
(9) ‘ancillary own resources’ means income generated by own economic activities, such as from joint activities with other political entities, sales of publications, participation fees for conferences or workshops, or other activities directly linked to political activities; |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 16
Proposal for a regulation
Article 2 – paragraph 1 – point 10
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Text proposed by the Commission |
Amendment |
(10) ‘indirect funding’ means funding from which the member party derives a financial advantage, even where no funds are directly transferred; this should include cases which allow the member party to avoid expenditure which it would otherwise have had to incur for activities, other than political activities in the common interest, organised for its own and sole benefit; |
(10) ‘indirect funding’ means funding from which the member party derives a financial advantage, even where no funds are directly transferred; this should include cases which allow the member party to avoid expenditure which it would otherwise have had to incur for activities, other than joint activities with other political entities co-financed to the extent that they concern issues of relevance for the Union´s fields of activities, organised for its own and sole benefit; |
Amendment 17
Proposal for a regulation
Article 2 – paragraph 1 – point 16
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Text proposed by the Commission |
Amendment |
(16) ‘political advertising’ means advertising within the meaning of Article 2, point (2), of Regulation 2022/xx [on the transparency and targeting of political advertising]; |
(16) ‘political advertising’ means advertising as defined in Article 2, point (2), of Regulation 2022/xx [on the transparency and targeting of political advertising]; |
Amendment 18
Proposal for a regulation
Article 2 – paragraph 1 – point 17
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Text proposed by the Commission |
Amendment |
(17) ‘political advertisement’ means advertisement within the meaning of Article 2, point (3) of Regulation 2022/xx [on the transparency and targeting of political advertising]; |
(17) ‘political advertisement’ means advertisement as defined in Article 2, point (3), of Regulation 2022/xx [on the transparency and targeting of political advertising]; |
Amendment 19
Proposal for a regulation
Article 2 – paragraph 1 – point 18
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Text proposed by the Commission |
Amendment |
(18) ‘political advertising services’ means services within the meaning of Article 2 point (5) of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising. |
(18) ‘political advertising services’ means services as defined in Article 2, point (5), of Regulation (EU) 2022/xx [on the transparency and targeting of political advertising]. |
Amendment 20
Proposal for a regulation
Article 3 – paragraph 1 – point d
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Text proposed by the Commission |
Amendment |
(d) it observes , in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities . It provides a written declaration using the template in Annex I ; |
(d) it observes , in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, and it provides a written declaration to that effect in the form of the template in Annex I ; |
Amendment 21
Proposal for a regulation
Article 3 – paragraph 1 – point e
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Text proposed by the Commission |
Amendment |
(e) it also ensures that its member parties having their seat in the Union observe the values expressed in Article 2 TEU and that its member parties having their seat outside the Union observe equivalent values. It provides a written declaration using the template in Annex I; |
(e) it ensures that its member parties having their seat in the Union observe the values expressed in Article 2 TEU and that its member parties which have their seat in a third country that belongs to the Council of Europe and has full rights of representation therein observe equivalent values, and it provides a written declaration to that effect in the form of the template in Annex I; |
Amendment 22
Proposal for a regulation
Article 3 – paragraph 2 – point c
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Text proposed by the Commission |
Amendment |
(c) it observes , in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities . It provides a written declaration using the template in Annex I ; |
(c) it observes, in particular in its programme and in its activities, the values on which the Union is founded, as expressed in Article 2 TEU, namely respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, and it provides a written declaration to that effect in the form of the template in Annex I; |
Amendment 23
Proposal for a regulation
Article 3 – paragraph 2 – point d
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Text proposed by the Commission |
Amendment |
(d) it also ensures that its member organisations having their seat in the Union observe the values expressed in Article 2 TEU and that its member organisations having their seat outside the Union observe equivalent values. It provides a written declaration using the template in Annex I; |
(d) it also ensures that its member organisations having their seat in the Union observe the values expressed in Article 2 TEU and that its member organisations, which have their seat in a third country that belongs to the Council of Europe and has full rights of representation therein, observe equivalent values, and it provides a written declaration to that effect in the form of the template in Annex I; |
Amendment 24
Proposal for a regulation
Article 4 – paragraph 1 – point i
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Text proposed by the Commission |
Amendment |
(i) a requirement that member parties display the European political party’s logo in a clearly visible and user-friendly manner, specifying that it is to be located in the top section of the front page of the member party’s website and in an equally visible manner as the member party’s own logo;. |
deleted |
Amendment 25
Proposal for a regulation
Article 4 – paragraph 1 – point j
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Text proposed by the Commission |
Amendment |
(j) its internal rules regarding gender balance. |
(j) its own internal rules regarding gender balance. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 26
Proposal for a regulation
Article 4 a (new)
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Text proposed by the Commission |
Amendment |
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Article 4a |
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Transparency obligations with regard to use of logos, publication of political programme and gender balance |
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1. Each European political party shall ensure that member parties publish on their websites the political programme and logo of the European political party. The European political party’s logo shall be displayed in the top section of the front page of the member party’s website, in a clearly visible manner. |
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2. Each European political party and its member parties shall publish on their websites information on the gender balance among the candidates at the elections to the European Parliament following the entry into force of this Regulation along with updated information on gender representation among their Members of the European Parliament. Each European political party shall ensure that its member parties publish such information concerning their respective candidates in the European elections and concerning their Members of European Parliament on their websites. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 27
Proposal for a regulation
Article 5 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Each European political party shall transmit within five working days of the first dissemination to the Authority information concerning each political advertisement that it sponsors or publishes directly to enable the wider context of the political advertisement and its aims to be understood by citizens. That information shall include at least the information listed in point 1 of Annex II. |
2. Each European political party shall transmit to the Authority information concerning each political advertisement that it sponsors or publishes directly to enable the wider context and objectives of the political advertisement to be understood by citizens. That information shall include at least the information listed in point 1 of Annex II. The information shall be provided to the Authority in a form which is easily accessible and using plain language. |
Amendment 28
Proposal for a regulation
Article 5 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. The Authority shall immediately publish the information referred to in paragraph 2 in the repository provided for in Article 8. The information shall be presented in a form which is easily accessible, clearly visible and user friendly, and using plain language. |
3. The Authority shall publish the information referred to in paragraph 2 in the repository provided for in Article 8 without undue delay. |
Amendment 29
Proposal for a regulation
Article 5 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. Member States shall designate one or more national regulatory authorities competent to supervise compliance with paragraphs 1, 2 and 4 and notify the Authority thereof. Such national regulatory authorities or bodies shall exercise their powers impartially and transparently and be legally distinct from the government and functionally independent of their respective governments and of any other public or private body. The Authority shall publish on its website and keep updated a list of Member States’ national regulatory authorities. Decisions of national regulatory authorities shall be subject to effective legal remedies. Member States shall ensure that upon request of any interested party appropriate redress can be sought requiring the European Political Party to put an end to any violation of the obligations laid down in paragraphs 1, 2 or 4. |
deleted |
Amendment 30
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The Authority shall decide on the registration and de-registration of European political parties and European political foundations in accordance with the procedures and conditions laid down in this Regulation. In addition, the Authority shall regularly verify that the registration conditions laid down in Article 3 and the governance provisions set out in accordance with Article 4(1), points (a), (b), (d), (e) and (f), and in Article 6(1), points (a) to (e), and (g), continue to be complied with by the registered European political parties and European political foundations. |
The Authority shall decide on the registration and de-registration of European political parties and European political foundations in accordance with the procedures and conditions laid down in this Regulation. In addition, the Authority shall regularly verify that the registration conditions laid down in Article 3 and the governance provisions set out in Article 4(1), points (a), (b), (d), (e), (f) and (h), and in Article 6(1), points (a) to (e), and (g), continue to be complied with by the registered European political parties and European political foundations. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 31
Proposal for a regulation
Article 10 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. Any amendments to the documents or statutes submitted as part of the application for registration in accordance with Article 9(2) shall be notified to the Authority, which shall update the registration in accordance with the procedures set out in Article 18(2) and (4), mutatis mutandis. |
5. Any amendments to the documents or statutes submitted as part of the application for registration in accordance with Article 9(2) shall be notified within two months to the Authority, which shall update the registration in accordance with the procedures set out in Article 18(2) and (4), mutatis mutandis. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 32
Proposal for a regulation
Article 10 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. The updated list of member parties of a European political party, annexed to the party statutes in accordance with Article 4(2), shall be sent to the Authority each year. Any changes following which the European political party might no longer satisfy the condition laid down in Article 3(1), point (b), shall be communicated to the Authority within four weeks of any such change. |
6. The updated list of member parties of a European political party, annexed to the party statutes in accordance with Article 4(2), shall be sent to the Authority by 30 September each year. Any changes following which the European political party might no longer satisfy the condition laid down in Article 3(1), point (b), shall be communicated to the Authority within four weeks of any such change. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 33
Proposal for a regulation
Article 11 – title
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Text proposed by the Commission |
Amendment |
Verification of compliance with registration conditions and requirements |
Verification of compliance with registration conditions and requirements and examination of grounds of removal from the Register by the Authority |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 34
Proposal for a regulation
Article 11 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. Without prejudice to the procedure laid down in paragraph 3 of this Article , the Authority shall regularly verify that the conditions for registration laid down in Article 3, and the governance provisions set out in Article 4(1), points (a), (b), (d), (e) and (f), and Article 6(1), points (a) to (e) and (g) , continue to be complied with by registered European political parties and European political foundations. |
1. Without prejudice to the procedure laid down in Article 11a, the Authority shall regularly verify that the conditions for registration laid down in Article 3, and the governance provisions set out in Article 4(1), points (a), (b), (d), (e), (f) and (h), and in Article 6(1), points (a) to (e) and (g), continue to be complied with by registered European political parties and European political foundations. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 35
Proposal for a regulation
Article 11 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. If the Authority finds that any of the conditions for registration or governance provisions referred to in paragraph 1, with the exception of the conditions in Article 3(1), point (d), and Article 3(2), point (c), are no longer complied with, it shall notify the European political party or foundation concerned. |
2. The Authority shall, without undue delay, inform the European political party or European political foundation of the grounds for deregistration that might apply in the event that either of the following occurs: |
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(a) following a verification conducted under paragraph 1 of this Article, the Authority considers that one of the grounds for deregistration under Article 19(1), point (a)(i) or (ii), might apply to a European political party or European political foundation; or |
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(b) the Authority has knowledge of circumstances indicating that one of the grounds for deregistration under Article 19(1), point (a), or under Article 19(2) might apply to a European political party or European political foundation. |
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The Authority shall invite the European political party or European political foundation concerned to submit observations within one month of the date of receipt of the information referred to in the first subparagraph of this paragraph. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 36
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 1
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Text proposed by the Commission |
Amendment |
3. 1 The European Parliament, acting on its own initiative or following a reasoned request from a group of citizens, submitted in accordance with the relevant provisions of its Rules of Procedure, or the Council or the Commission may lodge with the Authority a request for verification of compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), point (d), and Article 3(2), point (c) . In such cases, and in the cases referred to in Article 19(3), point (a), the Authority shall ask the committee of independent eminent persons referred to in Article 14 for an opinion on the subject. The committee shall give its opinion within two months. |
3. In the event of non-compliance with Article 3(1), point (c), (f) or (g), Article 3(2), point (e), (f) or (g), or the governance provisions referred to in paragraph 1 of this Article, the Authority shall give the European political party or European political foundation concerned the opportunity to introduce the measures required to remedy the situation within the deadline provided for by paragraph 2 of this Article. The deadline may be extended by the Authority upon the reasoned request of the European political party or European political foundation concerned if and in so far as such an extension is necessary and appropriate with regard to the corrective measures envisaged by the European political party or European political foundation. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 37
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
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Text proposed by the Commission |
Amendment |
Where the Authority becomes aware of facts which may give rise to doubts concerning compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), point (d), and Article 3(2), point (c), it shall inform the European Parliament, the Council and the Commission with a view to allowing any of them to lodge a request for verification as referred to in the first subparagraph. Without prejudice to the first subparagraph, the European Parliament, the Council and the Commission shall indicate their intention within two months of receiving that information. |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 38
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 3
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Text proposed by the Commission |
Amendment |
The procedures laid down in the first and second subparagraphs shall not be initiated within a period of two months prior to elections to the European Parliament. That time limit shall not apply with regard to the procedure set out in Article 12. |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 39
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 4
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Text proposed by the Commission |
Amendment |
Having regard to the committee's opinion, the Authority shall decide whether to de-register the European political party or European political foundation concerned. The decision of the Authority shall be duly reasoned. |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 40
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 5
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Text proposed by the Commission |
Amendment |
A decision of the Authority to de-register on grounds of non-compliance with the conditions set out in Article 3(1), point (d), or Article 3(2), point (c), may only be adopted in the event of manifest and serious breach of those conditions. It shall be subject to the procedure set out in paragraph 4. |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 41
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 1
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Text proposed by the Commission |
Amendment |
4. 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), point (d), or Article 3(2), point (c), 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 the European Parliament and the Council 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. |
4. Upon the expiry of the deadline referred to in paragraphs 2 and 3, or upon receipt of any observations and information concerning corrective measures from the European political party or European political foundation concerned within that deadline, the Authority shall, without undue delay and in the light of any such observations submitted by the European political party or European political foundation, assess whether any of the grounds for deregistration under Article 19(1), point (a), or under Article 19(2), applies to the European political party or European political foundation. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 42
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2
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Text proposed by the Commission |
Amendment |
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), point (d), and Article 3(2), point (c). |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 43
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 3
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Text proposed by the Commission |
Amendment |
The European political party or European political foundation concerned shall be informed that objections have been raised to the decision of the Authority to de-register it. |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 44
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 4
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Text proposed by the Commission |
Amendment |
The European Parliament and the Council shall adopt a position in accordance with their respective decision-making rules as established in conformity with the Treaties. Any objection shall be duly reasoned and shall be made public. |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 45
Proposal for a regulation
Article 11 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. A decision of the Authority to de-register a European political party or a European political foundation, to which no objections have been raised under the procedure laid down in paragraph 4, together with the detailed grounds for de-registration, shall be notified to the European political party or foundation concerned and published in the Official Journal of the European Union. The decision shall take effect upon notification in accordance with Article 297 TFEU . |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 46
Proposal for a regulation
Article 11 – paragraph 6
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Text proposed by the Commission |
Amendment |
6. A European political foundation shall automatically forfeit its status as such if the European political party with which it is affiliated is removed from the Register. |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 47
Proposal for a regulation
Article 11 a (new)
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Text proposed by the Commission |
Amendment |
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Article 11a |
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Verification of the registration conditions relating to the values upon which the Union is founded |
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1. The European Parliament, acting on its own initiative or following a reasoned request from a group of citizens, submitted in accordance with the relevant provisions of its Rules of Procedure, or the Council or the Commission, may lodge with the Authority a request to verify whether a specific European political party or European political foundation complies with the conditions laid down in Article 3(1), points (d) and (e), and Article 3(2), points (c) and (d). In such cases, and in the cases referred to in Article 11b(2), the Authority shall inform the European political party or European political foundation concerned without undue delay, invite it to submit its observations and give it the opportunity to introduce measures to remedy the situation within one month. |
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The deadline may be extended by the Authority upon the reasoned request of the European political party or European political foundation concerned if and in so far as such an extension is necessary and appropriate with regard to the corrective measures envisaged by the European political party or European political foundation. |
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Upon the expiry of the deadline mentioned in the first and second subparagraphs or upon receipt of any observations and information concerning corrective measures from the European political party or European political foundation concerned within that deadline, the Authority shall submit the observations made by the European political party or European political foundation concerned and, where applicable, the description of the corrective measures taken by that party or foundation to the committee of independent eminent persons referred to in Article 14 and shall ask this committee for an opinion on the subject. The committee shall give its opinion within two months. |
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Where facts which cast doubt on the compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), points (d) and (e), and Article 3(2), points (c) and (d), come to the attention of the Authority, the Authority shall inform the European Parliament, the Council and the Commission with a view to allowing any of them to lodge a request for verification as referred to in the first subparagraph. Without prejudice to the first subparagraph, the European Parliament, the Council and the Commission shall declare their intention to lodge a request for verification within two months of receiving that information. |
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2. The procedures laid down in paragraph 1 shall not be initiated within a period of two months prior to elections to the European Parliament. |
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3. The Authority shall decide whether to deregister the European political party or European political foundation concerned, taking into account the opinion of the committee of independent eminent persons referred to in Article 14. The decision of the Authority shall be duly reasoned. |
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4. A decision of the Authority to deregister on grounds of non-compliance with the conditions set out in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d), shall only be adopted in the event of a manifest and serious breach of those conditions. The decision shall be subject to the procedure set out in paragraph 5. |
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5. A decision of the Authority to deregister a European political party or European political foundation on the ground of a manifest and serious breach of the conditions set out in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d), shall be communicated to the European Parliament and the Council. The decision shall enter into force only if no objection is made 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 European political foundation shall remain registered. |
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6. The European Parliament and the Council may only object to a decision of the Authority to deregister a European political party or European political foundation on grounds related to the assessment of compliance with the conditions for registration set out in Article 3(1), point (d) or (e), or Article 3(2), point (c) or (d). |
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7. Where an objection has been raised to a decision of the Authority to deregister a European political party or European political foundation, the European political party or European political foundation concerned shall be informed by the Authority of such objection. |
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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 raised to a decision of the Authority to deregister a European political party or European political foundation shall be duly reasoned and shall be made public. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 48
Proposal for a regulation
Article 11 b (new)
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Text proposed by the Commission |
Amendment |
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Article 11b |
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Verification of obligations under national law |
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1. If a European political party or a European political foundation has failed to fulfil relevant obligations under national law applicable pursuant to Article 17(2), first subparagraph, and if, in the light of the freedom of association enshrined in Article 12 of the Charter and the need to ensure pluralism of political parties in Europe, that failure is serious enough to justify its deregistration, the Member State of the seat of the European political party or European political foundation may address a request for deregistration to the Authority. That 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. |
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If the subject matter of the Member States’ request relates exclusively or predominantly to elements affecting respect for the values upon which the Union is founded, enshrined in Article 2 TEU, the Authority shall initiate a verification procedure in accordance with Article 11a. |
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For any other matter, where, in its request pursuant to the first subparagraph, the Member State confirms that an effective remedy against such a request exists at national level and 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 deregistration ground under Article 19(1), point (d), applies to the European political party or European political foundation concerned. |
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2. If a European political party or a European political foundation has seriously failed to fulfil relevant obligations under national law applicable pursuant to Article 17(2), second subparagraph, and if the matter relates exclusively or predominantly to elements affecting respect of the values upon which the Union is founded, enshrined in Article 2 TEU, the Member State concerned may address a request to the Authority in accordance with the provisions of paragraph 1, first subparagraph. The Authority shall proceed in accordance with paragraph 1, second subparagraph. |
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3. 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 the effect that was given to the reasoned request for deregistration. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 49
Proposal for a regulation
Article 12 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. If the Authority is informed of a decision of a national supervisory authority within the meaning of Article 4, point (21), of Regulation (EU) 2016/679 finding that a natural or legal person has infringed applicable rules on the protection of personal data, and if it follows from that decision, or if there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons referred to in Article 14 of this Regulation. The Authority may, if necessary, liaise with the national supervisory authority concerned. |
2. The Authority shall be informed of any decision at national level of a supervisory authority as defined in Article 4, point (21), of Regulation (EU) 2016/679 finding that a natural or legal person has infringed applicable rules on the protection of personal data, and if it follows from that decision, or if there are otherwise reasonable grounds to believe, that the infringement is linked to political activities by a European political party or a European political foundation in the context of elections to the European Parliament, the Authority shall refer this matter to the committee of independent eminent persons referred to in Article 14 of this Regulation. The Authority may, if necessary, liaise with the supervisory authority concerned. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 50
Proposal for a regulation
Article 12 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. Having regard to the committee's opinion, the Authority shall decide, pursuant to Article 30(2), 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. |
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. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 51
Proposal for a regulation
Article 12 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. The procedure set out in this Article is without prejudice to the procedure set out in Article 11. |
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 11a(2) shall not apply to the procedure set out in this Article. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 52
Proposal for a regulation
Article 13 – paragraph 1
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Text proposed by the Commission |
Amendment |
The Authority shall annually prepare and publish a report on the political advertising activity of European political parties. This report shall include a factual summary of the reports for the relevant reporting year published by European political parties according to Article 5(4), as well as any decisions of the national regulatory authorities designated under Article 5(6) or of the supervisory authorities referred to in Article 5(7) finding that a European political party has violated Article 5 of this Regulation. |
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). |
Amendment 53
Proposal for a regulation
Article 19 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. A European political party or a European political foundation shall lose its European legal personality upon the notification of a decision pursuant to Article 11(5) . |
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: |
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(a) if, in the context of the procedure laid down in Article 11, the Authority finds that |
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(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; |
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(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; |
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(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; |
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(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; |
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(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 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 its member organisations; |
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(c) at the request of the European political party or European political foundation concerned; or |
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(d) at the request of a Member State that fulfils the requirements laid down in Article 11b(1) and (3). |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 54
Proposal for a regulation
Article 19 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. A European political party or a European political foundation shall be removed from the Register by a decision of the Authority: |
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. |
(a) as a consequence of a decision adopted pursuant to Article 11(2) to (5); |
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(b) in the circumstances provided for in Article 11(6); |
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(c) at the request of the European political party or European political foundation concerned; |
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(d) in the cases referred to in paragraph 3, first subparagraph, point (b), . |
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Justification
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.
Amendment 55
Proposal for a regulation
Article 19 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. If a European political party or a European political foundation has seriously failed to fulfil relevant obligations under national law applicable by virtue of the first subparagraph of Article 17(2), the Member State of the seat may address to the Authority a duly reasoned request for de-registration which shall identify precisely and exhaustively the illegal actions and the specific national requirements that have not been complied with. In such cases, the Authority shall |
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. |
(a) for matters relating exclusively or predominantly to elements affecting respect for the values on which the Union is founded, as expressed in Article 2 TEU, initiate a verification procedure in accordance with Article 11(3) of this Regulation . Article 11(4), (5) and (6) of this Regulation shall also apply; |
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(b) for any other matter, and when the reasoned request of the Member State concerned confirms that all national remedies have been exhausted, decide to remove the European political party or European political foundation concerned from the Register. |
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If a European political party or a European political foundation has seriously failed to fulfil relevant obligations under national law applicable by virtue of the second subparagraph of Article 17(2), and if the matter relates exclusively or predominantly to elements affecting respect of the values on which the Union is founded, as expressed in Article 2 TEU, the Member State concerned may address a request to the Authority in accordance with the provisions of the first subparagraph of this paragraph. The Authority shall proceed in accordance with the first subparagraph, point (a), of this paragraph. |
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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 the follow-up given to the reasoned request for de-registration. |
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Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 56
Proposal for a regulation
Article 19 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. The Authority shall fix the date of the publication referred to in paragraph 1 after consultation with the Member State in which the European political party or European political foundation has its seat. |
deleted
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Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 57
Proposal for a regulation
Article 20 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. A European political party which is registered in accordance with the conditions and procedures laid down in this Regulation, which is represented in the European Parliament by at least one of its members, and which is not in one of the situations of exclusion referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046 may apply for funding from the general budget of the European Union, in accordance with the terms and conditions published by the Authorising Officer of the European Parliament in a call for contributions. |
1. A European political party which is registered in accordance with the conditions and procedures laid down in this Regulation, which is represented in the European Parliament by at least one of its members, and which is not in one of the situations of exclusion referred to in Article 136(1) of Regulation (EU, Euratom) 2018/1046 may apply for funding from the general budget of the European Union, in accordance with the terms and conditions published by the Authorising Officer of the European Parliament in a call for contributions from the general budget of the European Union. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 58
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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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. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 59
Proposal for a regulation
Article 20 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. Within the limits set out in Articles 24 and 25, the expenditure reimbursable through a financial contribution 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. |
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. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 60
Proposal for a regulation
Article 21 – paragraph 1
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Text proposed by the Commission |
Amendment |
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 or proposals. |
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. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 61
Proposal for a regulation
Article 21 – paragraph 2
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Text proposed by the Commission |
Amendment |
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) and in Article 30(2) , points (a) (v) to (ix) . |
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). |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 62
Proposal for a regulation
Article 21 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. A European political party shall include in its application evidence demonstrating that its EU member parties have, as a rule, published on their websites, in accordance with Article 4(1), point (i), , throughout the 12 months preceding the final date for submission of applications, the political programme and logo of the European political party. |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 63
Proposal for a regulation
Article 21 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. A European political party shall include in its application evidence demonstrating its compliance with Article 4(1), point (j), and that its member parties have continuously published on their websites, during 12 months preceding the moment at which the application is made, information on the gender representation among the candidates at the last elections to the European Parliament and on the evolution of gender representation among their Members of the European Parliament. |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 64
Proposal for a regulation
Article 21 – paragraph 5
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Text proposed by the Commission |
Amendment |
5. A European political party shall include in its application evidence demonstrating its compliance with Article 5, that it maintains an up to date policy for the use of political advertising and that it has implemented it throughout the 12 months preceding the final date for submission of applications. |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 65
Proposal for a regulation
Article 21 – paragraph 7
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Text proposed by the Commission |
Amendment |
7. The Authorising Officer of the European Parliament shall adopt a decision within three months after closure of the call for contributions or call for proposals, and shall authorise and manage the corresponding appropriations in accordance with Regulation (EU, Euratom) 2018/1046 . |
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. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 66
Proposal for a regulation
Article 23 – title
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Text proposed by the Commission |
Amendment |
Donations, contributions and own resources |
Donations, contributions, association fees and ancillary own resources |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 67
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
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Text proposed by the Commission |
Amendment |
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. |
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 and association fees 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. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 68
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 2
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Text proposed by the Commission |
Amendment |
For donations from natural persons the value of which exceeds EUR 1500 and is below or equal to EUR 3000, the European political party or European political foundation concerned shall indicate whether the corresponding donors have given their prior written consent to publication in accordance with Article 36(1), point (e). |
For donations and contributions from natural persons the value of which exceeds EUR 1 500 and is below or equal to |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 69
Proposal for a regulation
Article 23 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Donations received by European political parties and European political foundations and expenditure funded from those donations within six months prior to elections to the European Parliament shall be reported on a weekly basis to the Authority in writing and in accordance with paragraph 2. |
3. Donations received by European political parties and European political foundations within six months prior to elections to the European Parliament shall be reported on a weekly basis to the Authority in writing and in accordance with paragraph 2. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 70
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 1
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Text proposed by the Commission |
Amendment |
5. For all donations the value of which exceeds EUR 3000, European political parties and European political foundations shall request donors to provide the necessary information for their proper identification. European political parties and European political foundations shall transmit the information received to the Authority upon its request. |
5. In respect of all donations from a single donor with a cumulative annual value of more than EUR 3 000, European political parties and European political foundations shall request that such donors provide the necessary information so that they can be properly identified. European political parties and European political foundations shall transmit the information received to the Authority upon its request. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 71
Proposal for a regulation
Article 23 – paragraph 5 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The Authority shall establish a form to be used for purposes of the first subparagraph. |
The Authority shall establish a form to be used for the purpose of identifying the donors referred to in the first subparagraph. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 72
Proposal for a regulation
Article 23 – paragraph 6 – point a
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Text proposed by the Commission |
Amendment |
(a) anonymous donations or contributions; |
(a) anonymous donations, contributions or association fees; |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 73
Proposal for a regulation
Article 23 – paragraph 6 – point d
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Text proposed by the Commission |
Amendment |
(d) donations from any private entities based in a third country or from individuals from a third country who are not entitled to vote in elections to the European Parliament. |
(d) donations from any private entities based outside the Union or from individuals from outside the Union who are not entitled to vote in elections to the European Parliament. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 74
Proposal for a regulation
Article 23 – paragraph 8
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Text proposed by the Commission |
Amendment |
8. The Authority shall carry out verifications where it has grounds to believe that any donation has been granted in breach of this Regulation. It may for that purpose request additional information from the European political party or European political foundation and its donors. |
8. The Authority shall carry out checks where it has grounds to believe that any donation has been accepted in breach of this Regulation. It may for that purpose request additional information from the European political party or European political foundation and its donors. |
Amendment 75
Proposal for a regulation
Article 23 – paragraph 9
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Text proposed by the Commission |
Amendment |
9. Contributions from members of a European political party that have their seat in, or are citizens of, a Member State or from member parties that have their seat in a country belonging to the Council of Europe shall be permitted. The total value of contributions from members shall not exceed 40 % of the annual budget of a European political party. The value of contributions from member parties that have their seat in a country outside the Union shall not exceed 10% of the total contributions from members. |
9. The total value of the contributions to a European political party shall not exceed 40 % of its annual budget. |
Amendment 76
Proposal for a regulation
Article 23 – paragraph 9 a (new)
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Text proposed by the Commission |
Amendment |
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9a. The total value of association fees to a European political party shall not exceed 20 % of the total value of contributions to that party. Any payment of association fees can be made only within the framework of generally applicable rules and rates established by the European political party. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 77
Proposal for a regulation
Article 23 – paragraph 10 – subparagraph 1
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Text proposed by the Commission |
Amendment |
10. Contributions from members of a European political foundation that have their seat in, or are citizens of, a Member State or from member organisations that have their seat in a country belonging to the Council of Europe , and from the European political party with which it is affiliated, shall be permitted. The total value of contributions from members shall not exceed 40 % of the annual budget of a European political foundation and shall not derive from funds received by a European political party pursuant to this Regulation from the general budget of the European Union. The value of contributions from member organisations that have their seat in a country outside the Union shall not exceed 10% of the total contributions from members. |
10. The total value of the contributions to European political foundations from members and financing by the European political party to which it is affiliated shall not exceed 40 % of the annual budget of a European political foundation and shall not derive from funds received by a European political party pursuant to this Regulation from the general budget of the European Union. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 78
Proposal for a regulation
Article 23 – paragraph 10 a (new)
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Text proposed by the Commission |
Amendment |
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10a. The total value of association fees to a European political foundation shall not exceed 20 % of the total contributions to that foundation. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 79
Proposal for a regulation
Article 23 – paragraph 12
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Text proposed by the Commission |
Amendment |
12. Any contribution that is not permitted under this Regulation shall be returned in accordance with paragraph 7. |
12. Any contribution or association fee that is not permitted under this Regulation shall be returned in accordance with paragraph 7. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 80
Proposal for a regulation
Article 23 – paragraph 13
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Text proposed by the Commission |
Amendment |
13. The value of own resources of a European political party or of a European political foundation generated from own economic activities shall not exceed 5% of the annual budget of that European political party or European political foundation. |
13. The value of ancillary own resources of a European political party or of a European political foundation generated from own economic activities shall not exceed 10 % of the amount generated by contributions to, and association fees of, that European political party or European political foundation. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 81
Proposal for a regulation
Article 24 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. The funding of European political parties and European political foundations from the general budget of the European Union or from any other source may be used to finance referendum campaigns when those campaigns concern the implementation of the Treaties of the Union. |
2. The funding of European political parties from the general budget of the European Union or from any other source may be used to finance referendum campaigns when those campaigns concern issues directly related to the European Union. |
Amendment 82
Proposal for a regulation
Article 25 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. Notwithstanding Article 24(1), the funding of European political parties from the general budget of the European Union or from any other source shall not be used for the direct or indirect funding of other political parties, and in particular national parties or candidates. Those national political parties and candidates shall continue to be governed by national rules. |
1. Notwithstanding Article 23(10) and Article 24(1), the funding of European political parties from the general budget of the European Union or from any other source shall not be used for the direct or indirect funding of other political entities, and in particular national parties or candidates. Those national political parties and candidates shall continue to be governed by national rules. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 83
Proposal for a regulation
Article 25 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. The funding of European political foundations from the general budget of the European Union or from any other source shall not be used for any other purpose than for financing their tasks as listed in Article 2, point (4), and to meet expenditure directly linked to the objectives set out in their statutes in accordance with Article 6. It shall in particular not be used for the direct or indirect funding of elections, political parties, or candidates or other foundations. |
2. The funding of European political foundations from the general budget of the European Union or from any other source shall not be used for any other purpose than for financing their tasks as listed in Article 2, point (4), and to meet expenditure directly linked to the objectives set out in their statutes in accordance with Article 6. It shall in particular not be used for the direct or indirect funding of elections, political parties, or candidates in the six months before national or European elections or of other foundations. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 84
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 - introductory part
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Text proposed by the Commission |
Amendment |
1. At the latest within six months following the end of the financial year, European political parties and European political foundations shall submit to the Authority, with a copy to the Authorising Officer of the European Parliament and to the competent National Contact Point of the Member State of their seat: |
1. At the latest within six months following the end of the financial year, European political parties and European political foundations shall submit to the Authorising Officer of the European Parliament, in an open, machine readable format, the following: |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 85
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 - point c
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Text proposed by the Commission |
Amendment |
(c) the list of donors and contributors and their corresponding donations or contributions reported in accordance with Article 23(2), (3) and (4). |
(c) the list of donors and contributors and their corresponding donations, contributions or association fees reported in accordance with Article 23(2), (3) and (4). |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 86
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 a (new)
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Text proposed by the Commission |
Amendment |
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The European political parties and European political foundations shall also send a copy of any submission referred to in the first subparagraph to the Authority and to the competent national contact point of the Member State of their seat. That copy shall be in an open and machine readable format. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 87
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 1
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Text proposed by the Commission |
Amendment |
2. The Authority shall control compliance by European political parties and European political foundations with their obligations under this Regulation, in particular in relation to Article 3, Article 4(1), points (a), (b), (d), (e) and (f), of Article 6(1), points (a) to (e) and (g), Article 10(5) and (6), and Articles 23, 24 and 25. |
2. The Authority shall control compliance by European political parties and European political foundations with their obligations under this Regulation, in particular in relation to Article 3, Article 4(1), points (a), (b), (d), (e), (f) and (h), Article 4a, Article 5, Article 6(1), points (a) to (e) and (g), Article 10(5) and (6), and Article 23. In cases where no funding from the general budget of the European Union is involved, it shall also control compliance by European political parties with their obligations under Article 25(1). |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 88
Proposal for a regulation
Article 27 – paragraph 2 – subparagraph 2
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Text proposed by the Commission |
Amendment |
The Authorising Officer of the European Parliament shall control compliance by European political parties and European political foundations with the obligations relating to Union funding under this Regulation in accordance with Regulation (EU, Euratom) 2018/1046 . In carrying out such controls, the European Parliament shall take the necessary measures in the fields of the prevention of and the fight against fraud affecting the financial interests of the Union. |
The Authorising Officer of the European Parliament shall control compliance by European political parties and European political foundations with the obligations relating to Union funding under this Regulation and under Regulation (EU, Euratom) 2018/1046 . In carrying out such controls, the European Parliament shall take the necessary measures in the fields of the prevention of and the fight against fraud affecting the financial interests of the Union. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 89
Proposal for a regulation
Article 30 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. In accordance with Article 19, the Authority shall decide to remove a European political party or a European political foundation from the Register by way of sanction in any of the following situations: |
deleted |
(a) where 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 ; |
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(b) where it is established, in accordance with the procedures set out in Article 11(2) to (5), that it no longer fulfils one or more of the conditions set out in Article 3(1) or (2); |
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(c) where a decision to register the party or foundation in question is based on incorrect or misleading information for which the applicant is responsible, or where such a decision has been obtained by deceit; |
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(d) where a request by a Member State for de-registration on grounds of serious failure to fulfil obligations under national law meets the requirements set out in Article 19(3), point (b). |
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Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 90
Proposal for a regulation
Article 30 – paragraph 2 – point a – point ii
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Text proposed by the Commission |
Amendment |
(ii) in the event of non-compliance with the commitments entered into and the information provided by a European political party or European political foundation in accordance with Article 4(1), points (a), (b), (d), (e), (f), (i) and (j) and with Article 6(1), points (a), (b), (d) and (e); |
(ii) in the event of non-compliance with the commitments entered into and the information provided by a European political party or European political foundation in accordance with Article 4(1), points (a), (b), (d), (e), (f) and (h), and with Article 6(1), points (a), (b), (d) and (e); |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 91
Proposal for a regulation
Article 30 – paragraph 2 – point a – point ii a (new)
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Text proposed by the Commission |
Amendment |
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(iia) in the event of non-compliance with the obligations under Article 4a(1); |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 92
Proposal for a regulation
Article 30 – paragraph 2 – point a – point ii b (new)
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Text proposed by the Commission |
Amendment |
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(iib) in the event of non-compliance with the obligations under Article 4a(2); |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 93
Proposal for a regulation
Article 30 – paragraph 2 – point a – point ii c (new)
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Text proposed by the Commission |
Amendment |
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(iic) in the event of non-compliance with the obligations under Article 5(1) to (5); |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 94
Proposal for a regulation
Article 30 – paragraph 2 – point a – point viii
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Text proposed by the Commission |
Amendment |
(viii) in the event of failure to provide evidence on the use of logos and publication of political programmes in accordance with Article 21(3); |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 95
Proposal for a regulation
Article 30 – paragraph 2 – point a – point ix
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Text proposed by the Commission |
Amendment |
(ix) in the event of failure to provide evidence on gender representation in accordance with Article 21(4). |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 96
Proposal for a regulation
Article 30 – paragraph 2 – point b – point i
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Text proposed by the Commission |
Amendment |
(i) where a European political party or a European political foundation has accepted donations and contributions that are not permitted under Article 23(1) or (5), unless the conditions laid down in Article 23(7) are met; |
(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; |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 97
Proposal for a regulation
Article 30 – paragraph 4 – introductory part
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Text proposed by the Commission |
Amendment |
4. For the purposes of paragraphs 2 and 3, the following financial sanctions shall be imposed on a European political party or a European political foundation: |
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: |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 98
Proposal for a regulation
Article 30 – paragraph 4 – point b – subparagraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
(b) in cases of quantifiable infringements, a fixed percentage of the amount of the irregular sums received or not reported 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: |
(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 under 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: |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 99
Proposal for a regulation
Article 30 – paragraph 4 – point b – subparagraph 2
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Text proposed by the Commission |
Amendment |
For the application of the percentages indicated in the first subparagraph , each donation or contribution shall be considered separately. |
For the application of the percentages indicated in the first subparagraph, each donation, contribution, association fee or sum used for funding activities that are prohibited under Article 25 shall be considered separately. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 100
Proposal for a regulation
Article 30 – paragraph 5 a (new)
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Text proposed by the Commission |
Amendment |
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5a. The Authority shall recover the corresponding amounts from the European political party or European political foundation on which financial sanctions have been imposed. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 101
Proposal for a regulation
Article 33 – paragraph 1
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Text proposed by the Commission |
Amendment |
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, 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. |
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. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 102
Proposal for a regulation
Article 33 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. Where a European political party or a European political foundation has failed to take corrective measures within the period of time referred to in paragraph 1, the appropriate sanctions referred to in Article 30 shall be decided. |
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. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 103
Proposal for a regulation
Article 33 – paragraph 3
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Text proposed by the Commission |
Amendment |
3. Paragraphs 1 and 2 shall not apply in relation to the conditions set out Article 3(1), points (b) to (f) and in Article 3(2), point (c). |
deleted |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 104
Proposal for a regulation
Article 34 – title
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Text proposed by the Commission |
Amendment |
Recovery |
Withdrawal of a funding decision with effect for the future |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 105
Proposal for a regulation
Article 34 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. On the basis of a decision of the Authority removing a European political party or a European political foundation from the Register, the Authorising Officer of the European Parliament shall withdraw or terminate any ongoing decision or agreement on Union funding, except in the cases provided for in Article 19(2), point (c), and in Article 3(1), points (b) and (f). They shall also recover any Union funding, including any unspent Union funds from previous years. |
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: |
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(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); |
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(b) a sanction decision based on Article 30(1), points (a)(v) and (vi). |
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Other grounds for the withdrawal of a funding decision with effect for the future may be provided for in the contribution or grant agreement. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 106
Proposal for a regulation
Article 34 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. 1 A European political party or European political foundation on which a sanction has been imposed for any of the infringements listed in Article 30(1) and Article 30(2), points (a) (v) and (vi), shall for that reason no longer be in compliance with Article 21(2). As a result, the Authorising Officer of the European Parliament shall terminate the contribution or grant agreement or decision on Union funding received under this Regulation and shall recover amounts unduly paid under the contribution or grant agreement or decision, including any unspent Union funds from previous years. The Authorising Officer of the European Parliament shall also recover amounts unduly paid under the contribution or grant agreement or decision from a natural person in respect of whom a decision pursuant to Article 31 has been taken, taking into account, where applicable, exceptional circumstances relating to that natural person. |
2. 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. |
In the event of such termination, payments by the Authorising Officer of the European Parliament shall be limited to the reimbursable expenditure incurred by the European political party or the eligible costs incurred by the European political foundation up to the date when the termination decision takes effect. |
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This paragraph shall also be applicable to the cases referred to in Article 19(2), point (c), and in Article 3(1), points (b) and (f). |
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Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 107
Proposal for a regulation
Article 34 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. The withdrawal of the funding decision with effect for the future shall have the following consequences: |
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(a) the contribution or grant agreement shall be terminated from the day that the withdrawal decision takes effect; |
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(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; |
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(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; |
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(d) the Authorising Officer of the European Parliament shall recover all Union funds unduly paid, including: |
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(i) Union funds that have been spent for non-reimbursable expenditure or ineligible costs; and |
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(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 |
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(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. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 108
Proposal for a regulation
Article 34 a (new)
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Text proposed by the Commission |
Amendment |
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Article 34a |
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Retroactive withdrawal of the funding decision |
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1. On the basis of a decision taken by the Authority removing a European political party or European political foundation from the Register, based on the ground for deregistration laid down in Article 19(1), point (a)(iv), the Authorising Officer of the European Parliament shall withdraw funding decisions addressed to the European political party or European political foundation concerned with retroactive effect from the date of the adoption of those decisions. |
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2. The retroactive withdrawal of the funding decision shall have the following consequences: |
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(a) the contribution or grant agreement shall be terminated from the day of the notification of that termination to the European political party or European political foundation concerned; |
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(b) all expenditure or costs incurred by the European political party or European political foundation shall be qualified as non-reimbursable expenditure or ineligible costs; and |
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(c) any amount paid under the contribution or grant agreement, along with any unspent Union funds from previous years, shall be considered to be undue payments and shall be recovered under Regulation (EU, Euratom) 2018/1046. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 109
Proposal for a regulation
Article 36 – paragraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
1. The European Parliament , under the authority of its Authorising Officer or under that of the Authority, shall make public the following on a website created for that purpose, in an open, machine readable format : |
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: |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 110
Proposal for a regulation
Article 36 – paragraph 1 – point f
|
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Text proposed by the Commission |
Amendment |
(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 member parties or organisations which made those contributions; |
(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; |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 111
Proposal for a regulation
Article 36 – paragraph 1 – point f a (new)
|
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Text proposed by the Commission |
Amendment |
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(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; |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 112
Proposal for a regulation
Article 36 – paragraph 1 – point f b (new)
|
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Text proposed by the Commission |
Amendment |
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(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); |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 113
Proposal for a regulation
Article 36 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. The European Parliament 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. |
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. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 114
Proposal for a regulation
Article 37 – paragraph 8
|
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Text proposed by the Commission |
Amendment |
8. European political parties and European political foundations, the Member States and the independent bodies or experts authorised to audit accounts under this Regulation shall be liable in accordance with applicable national law for any damage they cause in the processing of personal data pursuant to this Regulation. The Member States shall ensure that effective, proportionate and dissuasive sanctions are applied for infringements of this Regulation, of Regulation (EU) 2016/679 and of the national provisions adopted pursuant thereto, and in particular for the fraudulent use of personal data. |
8. European political parties and European political foundations, the Member States and the independent bodies or experts authorised to audit accounts under this Regulation shall be liable in accordance with applicable national law for any damage they cause in the processing of personal data pursuant to this Regulation. The Member States shall, without prejudice to Regulation (EU) 2016/679, ensure that effective, proportionate and dissuasive sanctions are applied for infringements of this Regulation. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 115
Proposal for a regulation
Article 44 – paragraph 2 a (new)
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Text proposed by the Commission |
Amendment |
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2a. Any procedural steps and decisions previously taken by the European Parliament, the Council or the Commission, the Authorising Officer of the European Parliament or the Authority in accordance with, or on the basis of, Regulation (EU, Euratom) No 1141/2014 shall remain applicable and be construed in light of this Regulation. |
Amendment 116
Proposal for a regulation
Article 45 – paragraph 1
|
|
Text proposed by the Commission |
Amendment |
Regulation (EU, Euratom) No 1141/2014 is repealed. |
Regulation (EU, Euratom) No 1141/2014 is repealed. |
Justification
This amendment is necessary for pressing reasons related to the internal logic of the text in order to ensure its legal consistency.
Amendment 117
Proposal for a regulation
Annex II – Part 2 – indent 5 a (new)
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Text proposed by the Commission |
Amendment |
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- in cases where targeting techniques are used, any information required pursuant to Regulation (EU) 2016/679. |
ANNEX: LETTER FROM THE COMMITTEE ON LEGAL AFFAIRS
16.6.2022
Mr Antonio Tajani
Chair
Committee on Constitutional Affairs
BRUSSELS
Subject: Opinion on a Proposal for a regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast) (COM(2021)0734 – C9‑0432/2021 – 2021/0375(COD))
Dear Chair,
The Committee on Legal Affairs has examined the proposal referred to above pursuant to Rule 110 on Recasting of Parliament's Rules of Procedure.
Paragraph 3 of that Rule reads as follows:
“If the committee responsible for legal affairs considers that the proposal does not entail any substantive changes other than those identified as such in the proposal, it shall inform the committee responsible for the subject matter thereof.
In such a case, over and above the conditions laid down in Rules 180 and 181, amendments shall be admissible within the committee responsible for the subject-matter only if they concern those parts of the proposal which contain changes.
However, amendments to parts of the proposal which remain unchanged may, by way of exception and on a case-by-case basis, be accepted by the Chair of the committee responsible for the subject matter if he or she considers that this is necessary for pressing reasons relating to the internal logic of the text or because the amendments are inextricably linked to other admissible amendments. Such reasons must be stated in a written justification to the amendments.”
Following the here attached opinion of the Consultative Working Party of the Legal Services of the Parliament, the Council and the Commission, which has examined the recast proposal, and in keeping with the recommendations of the Rapporteur, the Committee on Legal Affairs considers that the proposal in question does not include any substantive changes other than those identified as such and that, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, the proposal contains a straightforward codification of the existing text, without any change in its substance.
In conclusion, at its meeting of 14 June 2022, the Committee on Legal Affairs, with 19 votes in favour, 3 votes against and no abstentions[4], decided to recommend that the Committee on Constitutional Affairs (AFCO), as the committee responsible, proceed to examine the above proposal in accordance with Rule 110.
Yours sincerely,
Adrián VÁZQUEZ LÁZARA
Annex
ANNEX: OPINION OF THE CONSULTATIVE WORKING PARTY OF THE LEGAL SERVICES OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
GROUPE CONSULTATIF
DES SERVICES JURIDIQUES
Brussels, 11 MAI 2022
OPNION
FOR THE ATTENTION OF THE EUROPEAN PARLIAMENT
THE COUNCIL
THE COMMISSION
Proposal for a Regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast)
COM(2021) 734 of 25.11.2021 - 2021/0375 (COD)
Having regard to the Inter-institutional Agreement of 28 November 2001 on a more structured use of the recasting technique for legal acts, and in particular to point 9 thereof, the Consultative Working Party consisting of the respective legal services of the European Parliament, the Council and the Commission met on 12 and 14 January 2022 for the purpose of examining the aforementioned proposal submitted by the Commission.
At those meetings[1], an examination of the proposal for a Regulation of the European Parliament and of the Council recasting Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations resulted in the Consultative Working Party’s establishing, by common accord, as follows.
1. The following should have been marked with the grey-shaded type generally used for identifying substantive amendments:
- in Article 10(3), the adding of the words 'and (e)' and 'and (d)';
- in Article 21(3), the replacement of the words 'in a clearly visible and user-friendly manner’ with the words 'in accordance with Article 4(1), point (i)';
- in Article 23(7), second subparagraph, the replacement of the reference to 'Articles 78 and 79 of the Financial Regulation' currently contained in Article 20(6), point (b), of Regulation (EU, Euratom) No 1141/2014, with a reference to 'Articles 98 to 100 of Regulation (EU, Euratom) 2018/1046’,
- in Article 33(1), the words 'the Authority’s',
- in Article 33(3), the words 'to (f)'
- in Annex I, the adding of the words 'and (e)’ and 'and (d)’.
2. In recital 22, the words 'the new procedure' should be replaced by the words 'the verification procedure'.
3. In Article 6(1), point (c), the reference to 'point (5)' should be replaced by a reference to 'point (4)'.
4. In Article 23(11), the reference to 'paragraphs 8 and 9’ should be replaced by a reference to 'paragraphs 9 and 10’.
5. In Article 31, point (b), the reference to 'Article 27(2), point (a)(vi)’ should be replaced by a reference to 'Article 30(2), point (a)(vi)’.
In consequence, examination of the proposal has enabled the Consultative Working Party to conclude, without dissent, that the proposal does not comprise any substantive amendments other than those identified as such. The Working Party also concluded, as regards the codification of the unchanged provisions of the earlier act with those substantive amendments, that the proposal contains a straightforward codification of the existing legal text, without any change in its substance.
F.DREXLER T. BLANCHET D. CALLEJA CRESPO
Jurisconsult Jurisconsult Director-General
OPINION OF THE COMMITTEE ON BUDGETS (18.5.2022)
for the Committee on Constitutional Affairs
on the proposal for a regulation of the European Parliament and of the Council on the statute and funding of European political parties and European political foundations (recast)
(COM(2021)0734 – C9‑0432/2021 – 2021/0375(COD))
Rapporteur for opinion: Nils Ušakovs
SHORT JUSTIFICATION
Your rapporteur welcomes the Commission’s proposal to recast Regulation 1141/2014 (the ‘Regulation’) on the statute and funding of European political parties (EUPPs) and European political foundations (EUPFs) in order to improve the legislative framework of the EUPPs and EUPFs ahead of the 2024 elections to the European Parliament. This Regulation will enable EUPPs/Fs to continue building EU political awareness, ensuring political diversity while respecting sound financing management and increasing transparency as regards EUPF/F’s activities and spending.
He welcomes the introduction of own resources as new category of revenues as this will capture the EUPPs’ actual sources of revenues and guarantee the completeness of their reporting. He also welcomes the lowering of the co-financing rate for EUPPs from 10% to 5% in line with the current rate applied for EUPFs. He believes that it is necessary to enable countries outside the EU to contribute to EUPPs/Fs but at the same time calls for prudence in order to avoid unwanted political interference. He agrees that funds from the EU budget could be used to finance national referendum campaigns for issues directly related to the European Union.
He supports the amendments to strengthen the reporting and controls mechanisms aiming at protecting the financial interest of the EU and ensuring that EUPPs/Fs respect the values on which the EU is funded. He therefore welcomes the new common repository for the disclosures of European political parties, including on political advertising. He advocates that the financing of such repository should be borne by the budget of the Authority and not by the Citizens, Equality, Rights and Values (CERV) programme as indicated by the Commission in its proposal. He calls for prudent budgetary approach when allocating human and financial resources to the Authority during the budgetary annual procedure, while ensuring that it has sufficient resources to fulfil its mission. He agrees with the abolition of the 3-month period between a de-registration decision by the Authority and its entry into force.
He believes that a direct link between the names of the EUPPs and later their names as a group in the European Parliament during the European political campaigns, including referendum, is necessary to ensure that the visibility obtained by the promotion and branding of the EUPPs at national level is kept at the European Parliament’s level. He believes that in the context of European Parliament elections both the name and logo of EUPP is equally important as the name and logo of EUPP political group in the European Parliament (in case they are different). The Regulation should allow using either logos and names of both EUPP and its group or one of each at the EUPP discretion during the European Parliament election campaign. The usage of EUPP or groups name and logo during the European Parliament election campaign should be allowed to be equally financed by the party. This approach would promote awareness and engagement.
Furthermore, he would like to highlight that, while Member States establish the rules regarding financing of political campaigns, the Commission should engage in aligning the rules amongst Member States, so EUPPs are not discriminated and face equal access to the public in every Member State. It is crucial that national member parties according to national regulation are not affected by these campaigns, neither from accountancy point of view, nor with respect to any other limits or constraints. EUPP campaigns should not be linked with national member parties’ activities, booking, accountancy or spending limits.
Finally, he believes annual spending limits per EUPP per Member States should be introduced based on a per capita approach in order to prevent EUPP to intervene in Member States’ domestic issues with non-proportional, excessive spending.
AMENDMENTS
The Committee on Budgets calls on the Committee on Constitutional Affairs, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 8
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Text proposed by the Commission |
Amendment |
(8) The Authority for European political parties and foundations ( Authority') is a body of the Union within the meaning of Article 263 of the Treaty on the Functioning of the European Union (TFEU) whose purpose is to register, control and impose sanctions on European political parties and European political foundations. Registration should be necessary in order to obtain European legal status, which entails a series of rights and obligations. To avoid any possible conflict of interests, the Authority should be independent. |
(8) The Authority for European political parties and foundations ( Authority') is a body of the Union within the meaning of Article 263 of the Treaty on the Functioning of the European Union (TFEU) whose purpose is to register, control and impose sanctions on European political parties and European political foundations. Registration should be necessary in order to obtain European legal status, which entails a series of rights and obligations. To avoid any possible conflict of interests, the Authority should be independent. The Authority should be equipped with adequate resources to implement its additional tasks, in particular for procedures pertaining to the European elections in 2024. |
Justification
The recast expands and clarifies the Authority's responsibilities and thus leads to a need of the Authority to have adequate human resources.
Amendment 2
Proposal for a regulation
Recital 12 a (new)
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Text proposed by the Commission |
Amendment |
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(12a) In order to allow for more flexibility and to facilitate freedom of research, different levels of affiliation and in particular a specific category of ‘research partner’ should be recognised for European political foundations. |
Justification
To concretize the requests from paragraphs 19 and 33 of the European Parliament resolution of 11 November 2021 on the application of Regulation (EU, Euratom) No 1141/2014 on the statute and funding of European political parties and European political foundations and allow specific and sui generis type of research partnerships, like for instance with internationally wide known researchers not acting on behalf of any organization.
Amendment 3
Proposal for a regulation
Recital 34
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Text proposed by the Commission |
Amendment |
(34) The co-financing rate should be lowered to 0% in the year of the elections to the European Parliament. Eliminating the co-financing obligation in the year of the elections to the European Parliament should help European political parties increase the number and intensity of their campaign activities and, therefore, also increase their visibility at national level. |
deleted |
Justification
A 0% co-financing rate during an election year could proof to have a detrimental impact on midterm financial planning of parties, in particular the year 2025, as they might underestimate the efforts to ensure a 5% co-financing the following year.
Amendment 4
Proposal for a regulation
Recital 37
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Text proposed by the Commission |
Amendment |
(37) In order to enhance cooperation with long-standing members sharing EU values, contributions from member parties having their seat in a country outside the Union but in the Council of Europe, should be allowed. However, such contributions should be subject to a cap in relation to total contribution, to limit the risk of foreign interference. |
(37) In order to enhance cooperation with long-standing partners sharing EU values, association fees should be allowed from partners having their seat in a former Member State, in a country member of the European Free Trade Association (EFTA), in EU candidate countries and in Eastern Partnership countries with which the EU has concluded comprehensive and enhanced partnership agreements. However, such association fees should be subject to a cap as well as to publication in a separate category by the Authority, to limit the risk of foreign interference. The Authority for European Political Parties and European Political Foundations should monitor and control the purpose of association fees to ensure absence of politically motivated interference, including indirect interference, of non-democratic third countries. |
Justification
The proposal to add an income source category called association fees for partners allows for a distinction between members and partners outside the Union, ensures legal certainty and creates transparency about the different types of payments. Not all countries members of the Council of Europe share the EU values, which is even more important during elections campaigns to avoid unwanted political interference. Monitoring and control by the Authority for EUPP/F is needed to prevent, dissuade and sanction foreign interference.
Amendment 5
Proposal for a regulation
Recital 38
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Text proposed by the Commission |
Amendment |
(38) Regulation (EU, Euratom) No 1141/2014 acknowledges only two categories of revenues for European political parties and foundations apart from contributions from the budget of the European Union, namely contributions from members and donations. A number of revenue sources generated from own economic activities (such as sales of publications or conference fees) fall outside the scope of these two categories, creating accounting and transparency problems. A third category of revenues (‘own resources’) should therefore be created. The proportion of own resources in the total budget of a European political party or foundations should be capped at 5% to avoid that it becomes overdimensioned in relation to the overall budget of these entities. |
(38) Regulation (EU, Euratom) No 1141/2014 acknowledges only two categories of revenues for European political parties and foundations apart from contributions from the budget of the European Union, namely contributions from members and donations. Revenue sources generated from own economic activities (sales of publications, conference fees) fall outside the scope of these two categories, creating accounting and transparency problems. A third category of revenues (‘other own resources’) should therefore be created. Without prejudice to the condition that European political parties and European political foundations remain non-profit organisations at all times, the proportion of other own resources in the total budget of a European political party or foundations should be capped at 5% to avoid that it becomes overdimensioned in relation to the overall budget of these entities. European political parties and European political foundations should not have own resources beyond contributions from members, donations, association fees, and other own resources thus defined. |
Justification
The amendment wishes to clarify the type of revenue EPP/Fs can generate to establish transparency.
Amendment 6
Proposal for a regulation
Recital 40 a (new)
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Text proposed by the Commission |
Amendment |
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(40a) To guarantee an efficient use of funds, a European political party should be allowed during the European Parliament election campaign to use its logo and name simultaneously to the logo and name of the corresponding group in the European Parliament. The European political party should be allowed to finance the costs that arise during the European Parliament election campaign. |
Justification
This change aims at aligning the names of European political parties with the names of political groups of the European parliament during the European political campaigns. This will avoid that funds spent for the visibility of the European political parties during the European political campaigns is lost in case the name of that political party changes after being elected to the European Parliament. It should also aim at the increased participation of the citizens in the decision-making.
Amendment 7
Proposal for a regulation
Recital 41
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Text proposed by the Commission |
Amendment |
(41) European political parties should not fund, directly or indirectly, other political parties and, in particular, national parties or candidates. European political foundations should not fund, directly or indirectly, European or national political parties or candidates. The prohibition of indirect funding should however not prevent European political parties from publicly supporting and engaging with their member parties in the Union on issues of relevance for the Union, or to support political activities in the common interest, to be able to fulfil their mission under Article 10(4) TEU. Moreover, European political parties and their affiliated European political foundations should only finance activities in the context of national referendum campaigns when they concern the implementation of the TEU and the TFEU . These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice. |
(41) European political parties and foundations should not fund, directly or indirectly, other political parties and, in particular, national, parties or candidates. The prohibition of indirect funding should however not prevent European political parties or political foundations from publicly supporting and engaging with their member parties or member organisations in the Union on issues of relevance for the Union, co-finance joint events to the extent that they concern issues of relevance for the Union’s field of activity, or from engaging in educational activities without prejudice to Article 25, in order to be able to fulfil their mission under Article 10(4) TEU and act to reinforce the existence of the European demos. The prohibition of indirect funding should not prevent the participation of either representatives and staffers of political parties, nor of potentially politically active persons in events of European political foundations. Moreover, European political parties and their affiliated European political foundations should only finance activities in the context of national referendum campaigns when they concern issues directly related to the Union and within the limits and in accordance with EU values as expressed in Article 2 TEU. These principles reflect Declaration No 11 on Article 191 of the Treaty establishing the European Community annexed to the Final Act of the Treaty of Nice. No funding should be made available for activities promoting the scope of Article 50 TEU. |
Justification
Individual members and staff of political parties and foundations should unrestrictedly participate in party events and educational events. European political parties and foundations shall have the option to organise joint events with clear financial accountability and transparency between national and European parties.
Amendment 8
Proposal for a regulation
Recital 49
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Text proposed by the Commission |
Amendment |
(49) European political parties often rely on external service providers, including advertising publishers, for the preparation, placement, publication and dissemination of their political advertisements. Such service providers are bound by Regulation 2022/XX of the European Parliament and of the Council28 on the transparency and targeting of political advertising. Where entering into a contractual relationship on the provision of services related to political advertisements, European political parties should ensure that the providers of political advertising services, including advertising publishers, comply with their obligations under Regulation 2022/XX [on the transparency and targeting of political advertising]. They should ensure that the contractual arrangements specify how the relevant provisions of this Regulation are taken into account. Where appropriate, the political advertisement may include the European political party’s political logo. |
(49) European political parties often rely on external service providers, including advertising publishers, for the preparation, placement, publication and dissemination of their political advertisements. Such service providers are bound by Regulation 2022/XX of the European Parliament and of the Council28 on the transparency and targeting of political advertising. Where entering into a contractual relationship on the provision of services related to political advertisements, European political parties should ensure that the providers of political advertising services, including advertising publishers, comply with their obligations under Regulation 2022/XX [on the transparency and targeting of political advertising]. They should ensure that the contractual arrangements specify how the relevant provisions of this Regulation are taken into account. The political advertisement should include the European political party’s political logo. |
_________________ |
_________________ |
28 Regulation of the European Parliament and of the Council on the transparency and targeting of political advertising (OJ L...). |
28 Regulation of the European Parliament and of the Council on the transparency and targeting of political advertising (OJ L...). |
Amendment 9
Proposal for a regulation
Recital 50
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Text proposed by the Commission |
Amendment |
(50) It is necessary to establish a common repository for the disclosures of European political parties. Given its specific role in the implementation of this Regulation, the Authority should establish and manage such repository as a part of the Registry for European political parties. The information contained in the repository should be transmitted by European Political Parties to the Authority using a standard format and may be automated. European political parties should make available in the Authority’s repository information to enable the wider context of the political advertisement and its aims to be understood. The information on the amount allocated to political advertising in the context of a specific campaign to be included in the repository may be based on an estimated allocation of funding. The amounts to be mentioned in the repository include donations for specific purposes or benefits in kind. |
(50) It is necessary to establish a common repository for the disclosures of European political parties. Given its specific role in the implementation of this Regulation, the Authority should establish and manage such repository as a part of the Registry for European political parties. The information contained in the repository should be transmitted by European Political Parties to the Authority using a standard format and may be automated. European political parties should make available in the Authority’s repository information to enable the wider context and objectives of the political advertisement to be understood. The information on the amount allocated to political advertising in the context of a specific campaign to be included in the repository may be based on a realistic estimation of funding and the actual amounts, once known. The amounts to be mentioned in the repository include donations for specific purposes, benefits in kind, contributions, association fees and other own resources. |
Justification
This change aims at aligning the recital with Annex II - paragraph 1 - indent 2 regarding the disclosure of the actual amounts. In addition, other own resources are a new source of funding and should be reported, along with contributions, association fees, donations and benefits in kinds. The proposed terms “association fees” and “other own resources” apply throughout the text. Adopting the amendment will necessitate corresponding changes throughout.
Amendment 10
Proposal for a regulation
Recital 55
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Text proposed by the Commission |
Amendment |
(55) For reasons of transparency, and in order to strengthen the scrutiny and the democratic accountability of European political parties and European political foundations, information considered to be of substantial public interest, relating in particular to their statutes, membership, financial statements, donors and donations, contributions and grants received from the general budget of the European Union, as well as information relating to decisions taken by the Authority and the Authorising Officer of the European Parliament on registration, funding and sanctions, should be published in a user-friendly, open and machine readable format . Laying down a regulatory framework to ensure that this information is publicly available is the most effective means of promoting a level playing field and fair competition between political forces, and of upholding open, transparent and democratic legislative and electoral processes, thereby strengthening the trust of citizens and voters in European representative democracy and, more broadly, preventing corruption and abuses of power. |
(55) For reasons of transparency, and in order to strengthen the scrutiny and the democratic accountability of European political parties and European political foundations, information considered to be of substantial public interest, relating in particular to their statutes, membership, financial statements, donors and donations, contributions and grants received from the general budget of the European Union, as well as information relating to decisions taken by the Authority and the Authorising Officer of the European Parliament on registration, funding and sanctions, should be published in a user-friendly, open and machine readable format. European political parties and European political foundations should supply to the Authority and the Authorising Officer of the European Parliament any documentation required for publication purposes in a user-friendly, open and machine readable format. Laying down a regulatory framework to ensure that this information is publicly available is the most effective means of promoting a level playing field and fair competition between political forces, and of upholding open, transparent and democratic legislative and electoral processes, thereby strengthening the trust of citizens and voters in European representative democracy and, more broadly, preventing corruption and abuses of power. |
Justification
In order to facilitate processes within the Authority, documents submitted to the Authority shall be easy to process.
Amendment 11
Proposal for a regulation
Recital 61
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Text proposed by the Commission |
Amendment |
(61) In order to facilitating the monitoring of the implementation of this Regulation, single points of contact in charge of coordination with the European level should be designated by each Member Sate. Such contact points should be adequately resourced to be able to ensure effective coordination, including on issues related to the monitoring of political advertising, |
(61) In order to facilitating the monitoring of the implementation of this Regulation, single points of contact in charge of coordination with the European level should be designated by each Member Sate. Such contact points should be adequately resourced to be able to ensure effective coordination, including on issues related to the monitoring of political advertising. The Authority should regularly convene the points of contact designated by the Member States for exchange of best practices on matters of common concern. |
Justification
Regular meetings will help strengthening cooperation between Member States and the Authority and contribute to a better flow of information at European level.
Amendment 12
Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point d
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Text proposed by the Commission |
Amendment |
(d) serving as a framework for national political foundations, academics, and other relevant actors to work together at European level; |
(d) serving as a framework for national political foundations, academics, and other relevant actors to work together at European level, including at different levels of affiliation and as ‘research partners’; |
Justification
To concretize the requests from paragraphs 19 and 33 of the European Parliament resolution of 11 November 2021 on the application of Regulation (EU, Euratom) No 1141/2014 on the statute and funding of European political parties and European political foundations and allow specific and sui generis type of research partnerships, like for instance with internationally wide known researchers not acting on behalf of any organization.
Amendment 13
Proposal for a regulation
Article 2 – paragraph 1 – point 7
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Text proposed by the Commission |
Amendment |
(7) 'donation' means any cash offering, any offering in kind, the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, with the exception of contributions from members and usual political activities carried out on a voluntary basis by individuals; |
(7) 'donation' means any cash offering or bank transfer, any offering in kind, the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, with the exception of contributions from members, association fees, other own resources, and usual political activities carried out on a voluntary basis by individuals; |
Justification
Bank transfer is the most common way to transfer donations and contributions to a EUPP/F. The introduction of a new category "association fees" requires its listing under Article 2 and creates transparency by listing all transfers from a partner (party or organisations associated to a EUPP/F, which have their seat outside the Union). The term "own resources" is misleading and should be replaced by “other own resources” throughout the text.
Amendment 14
Proposal for a regulation
Article 2 – paragraph 1 – point 8
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Text proposed by the Commission |
Amendment |
(8) 'contribution from members' means any payment in cash, including membership fees, or any contribution in kind, or the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, when provided to that European political party or to that European political foundation by one of its members, with the exception of usual political activities carried out on a voluntary basis by individual members; |
(8) 'contribution from members' means any payment in cash or bank transfer, including membership fees, or any contribution in kind, or the provision below market value of any goods, services (including loans) or works, and any other transaction which constitutes an economic advantage for the European political party or the European political foundation concerned, when provided to that European political party or to that European political foundation by one of its members, with the exception of usual political activities carried out on a voluntary basis by individual members; |
Justification
Bank transfer is the most common way to transfer donations and contributions to a EUPP/F.
Amendment 15
Proposal for a regulation
Article 2 – paragraph 1 – point 8 a (new)
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Text proposed by the Commission |
Amendment |
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(8a) 'association fees' means payments in cash or bank transfer, when provided to the European political party or to the European political foundation by partner (political party or organisation associated to it and having its seat outside the Union but in a former Member State, in a country member of the European Free Trade Association (EFTA), in EU candidate countries and in Eastern Partnership countries with which the Union has concluded comprehensive and enhanced partnership agreements, within the limits set out in this Regulation; |
Justification
The introduction of a new category "association fees" requires its listing under Article 2 and creates transparency by listing all transfers from a partner (party or organisations associated to a EUPP/F, which have their seat outside the Union).
Amendment 16
Proposal for a regulation
Article 2 – paragraph 1 – point 9
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Text proposed by the Commission |
Amendment |
(9) ‘own resources’ means income generated by own economic activities, such as conference fees and sales of publications; |
(9) ‘other own resources’ means income generated by own economic activities, such as conference fees and sales of publications; |
Justification
The term "own resources" is misleading and should be replaced by “other own resources”. This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.
Amendment 17
Proposal for a regulation
Article 2 – paragraph 1 – point 10
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Text proposed by the Commission |
Amendment |
(10) ‘indirect funding’ means funding from which the member party derives a financial advantage, even where no funds are directly transferred; this should include cases which allow the member party to avoid expenditure which it would otherwise have had to incur for activities, other than political activities in the common interest, organised for its own and sole benefit; |
(10) ‘indirect funding’ means funding from which the member party derives a financial advantage, even where no funds are directly transferred; this should include cases which allow the member party to avoid expenditure which it would otherwise have had to incur for activities, other than political activities in the common interest such as activities organised to promote European values as expressed in Article 2 TEU and awareness and joint events co-financed to the extent they concern issues of relevance for the Union´s field of activities and as long as the European political party is visible in any such joint event or from engaging in educational activities without prejudice to Article 25 of this Regulation, while individual members who had been elected or appointed to a public position do not have to partially or fully compensate retrospectively for the training received previously. |
Justification
Individual members and staff of political parties and foundations should unrestrictedly participate in party events and educational events. Membership in the party should not lead to additional payment obligations as a result of election or appointment to a public position. European political parties and foundations shall have the option to organise joint events with clear financial accountability and transparency between national and European parties.
Amendment 18
Proposal for a regulation
Article 5 – paragraph 2
|
|
Text proposed by the Commission |
Amendment |
2. Each European political party shall transmit within five working days of the first dissemination to the Authority information concerning each political advertisement that it sponsors or publishes directly to enable the wider context of the political advertisement and its aims to be understood by citizens. That information shall include at least the information listed in point 1 of Annex II. |
2. Each European political party shall transmit within five working days of the first dissemination to the Authority information concerning each political advertisement that it sponsors or publishes directly to enable the wider context of the political advertisement and its aims to be understood by citizens. That information shall include at least the information listed in point 1 of Annex II. The information shall be provided to the Authority in a form which is easily accessible and using plain language. |
Amendment 19
Proposal for a regulation
Article 8 – paragraph 1
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|
Text proposed by the Commission |
Amendment |
1. The Authority shall establish and manage a Register of European political parties and European political foundations. The register shall include a repository for the information to be provided by European political parties pursuant to Article 5(2). Information from the Register shall be available online in accordance with Article 36. |
1. The Authority shall establish and manage a Register of European political parties and European political foundations. The register shall include a repository for the information to be provided by European political parties pursuant to Article 5(2). Funds to set up this repository should be available as part of the specific budgetary title for the Authority. Information from the Register shall be available online in accordance with Article 36. |
Justification
This change is to ensure that contrary to what the Commission proposes, funds to procure a pilot of the Repository wont be financed by the Citizens, Equality, Rights and Values (CERV) programme, but will be made available in the dedicated budgetary line of the Authority, under Title 5 of the European Parliament’s budget.
Amendment 20
Proposal for a regulation
Article 13 – paragraph 1
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Text proposed by the Commission |
Amendment |
The Authority shall annually prepare and publish a report on the political advertising activity of European political parties. This report shall include a factual summary of the reports for the relevant reporting year published by European political parties according to Article 5(4), as well as any decisions of the national regulatory authorities designated under Article 5(6) or of the supervisory authorities referred to in Article 5(7) finding that a European political party has violated Article 5 of this Regulation. |
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 according to Article 5(4), as well as any decisions of the national regulatory authorities designated under Article 5(6) or of the supervisory authorities referred to in Article 5(7) finding that a European political party has violated Article 5 of this Regulation. |
Justification
The proposal wants to ensure that the Authority does not conduct political work, but instead increases transparency by releasing the report in its entireness.
Amendment 21
Proposal for a regulation
Article 23 – title
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Text proposed by the Commission |
Amendment |
Donations, contributions and own resources |
Donations, contributions, association fees and other own resources |
Justification
Amendment to update the wording following the new proposal for income source category "association fees" and replacement of the term own resources by “other own resources”.
Amendment 22
Proposal for a regulation
Article 23 – paragraph 2 – introductory part
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Text proposed by the Commission |
Amendment |
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. |
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 as well as to association fees and to other own resources. |
Justification
The rules shall apply to any income beyond donations such as association fees and other own resources to create the highest possible level of transparency.
Amendment 23
Proposal for a regulation
Article 23 – paragraph 5 – introductory part
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Text proposed by the Commission |
Amendment |
5. For all donations the value of which exceeds EUR 3000, European political parties and European political foundations shall request donors to provide the necessary information for their proper identification. European political parties and European political foundations shall transmit the information received to the Authority upon its request. |
5. For all donations, covering one-time donations and cumulated donations (total of several individually transferred donations from the same donor) the value of which exceeds EUR 3 000, European political parties and European political foundations shall request donors to provide the necessary information for their proper identification. European political parties and European political foundations shall transmit the information received to the Authority upon its request, including information about the relevant personal and business environment of the donor in order to avoid the absence of control over donations executed by members belonging to the same personal or professional sphere, such as donations coming from the same family or the same work organisation. Donors have to provide a written declaration stating that they are not directly or indirectly connected to persons or companies on sanction lists of the EU. |
Amendment 24
Proposal for a regulation
Article 23 – paragraph 9
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Text proposed by the Commission |
Amendment |
9. Contributions from members of a European political party that have their seat in, or are citizens of, a Member State or from member parties that have their seat in a country belonging to the Council of Europe shall be permitted. The total value of contributions from members shall not exceed 40 % of the annual budget of a European political party. The value of contributions from member parties that have their seat in a country outside the Union shall not exceed 10% of the total contributions from members. |
9. Contributions shall be permitted from members of a European political party that have their seat in, or are citizens of, a Member State and association fees shall be permitted from partners that have their seat in a former Member State, in a country member of the European Free Trade Association (EFTA), in EU candidate countries and in Eastern Partnership countries with which the EU has concluded comprehensive and enhanced partnership agreements. The total value of contributions and association fees from members and partners shall not exceed 40 % of the annual budget of a European political party. The value of association fees from partners that have their seat in a country outside the Union shall not exceed 10% of the total contributions and association fees received by the European political party. |
Justification
Not all countries members of the Council of Europe share EU values, which is even more important during elections campaigns to avoid foreign interference. Adding an income source category "association fees" for partner political parties and foundations would allow for a distinction between members and partners outside the Union, ensure legal certainty and create transparency about the different types of payments. The proposed terms “association fees” and “partners” apply throughout the text. Adopting the amendment will necessitate corresponding changes throughout.
Amendment 25
Proposal for a regulation
Article 23 – paragraph 10 – introductory part
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Text proposed by the Commission |
Amendment |
10. Contributions from members of a European political foundation that have their seat in, or are citizens of, a Member State or from member organisations that have their seat in a country belonging to the Council of Europe , and from the European political party with which it is affiliated, shall be permitted. The total value of contributions from members shall not exceed 40 % of the annual budget of a European political foundation and shall not derive from funds received by a European political party pursuant to this Regulation from the general budget of the European Union. The value of contributions from member organisations that have their seat in a country outside the Union shall not exceed 10% of the total contributions from members. |
10. Contributions shall be permitted from members of a European political foundation that have their seat in, or are citizens of, a Member State and association fees shall be permitted from partners that have their seat in a former Member State, in a country member of the European Free Trade Association (EFTA), in EU candidate countries and in Eastern Partnership countries with which the EU has concluded comprehensive and enhanced partnership agreements, and from the European political party with which it is affiliated. The total value of contributions and association fees from members and partners shall not exceed 40 % of the annual budget of a European political foundation and shall not derive from funds received by a European political party pursuant to this Regulation from the general budget of the European Union. The value of association fees from partners that have their seat in a country outside the Union shall not exceed 10% of the total contributions and association fees received by the European political foundation. |
Justification
Not all countries members of the Council of Europe share EU values, which is even more important during elections campaigns to avoid foreign interference. Adding an income source category "association fees" for partner political parties and foundations would allow for a distinction between members and partners outside the Union, ensure legal certainty and create transparency about the different types of payments. The proposed terms “association fees” and “partners” apply throughout the text. Adopting the amendment will necessitate corresponding changes throughout.
Amendment 26
Proposal for a regulation
Article 23 – paragraph 13
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Text proposed by the Commission |
Amendment |
13. The value of own resources of a European political party or of a European political foundation generated from own economic activities shall not exceed 5% of the annual budget of that European political party or European political foundation. |
13. The value of other own resources of a European political party or of a European political foundation generated from own economic activities shall not exceed 5% of the annual budget of that European political party or European political foundation. |
Justification
The proposal shall ensure consistency of the approach to name such revenue "other own resources".
Amendment 27
Proposal for a regulation
Article 24 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. The funding of European political parties and European political foundations from the general budget of the European Union or from any other source may be used to finance referendum campaigns when those campaigns concern the implementation of the Treaties of the Union. |
2. The funding of European political parties and European political foundations from the general budget of the European Union or from any other source may be used to finance referendum campaigns when those campaigns concern issues directly related to the European Union and within the limits and in accordance with Union values as expressed in Article 2 TEU. |
Amendment 28
Proposal for a regulation
Article 25 – paragraph 1
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Text proposed by the Commission |
Amendment |
1. Notwithstanding Article 24(1), the funding of European political parties from the general budget of the European Union or from any other source shall not be used for the direct or indirect funding of other political parties, and in particular national parties or candidates. Those national political parties and candidates shall continue to be governed by national rules. |
1. Notwithstanding Article 24(1), the funding of European political parties from the general budget of the European Union or from any other source shall not be used for the direct or indirect funding of other political parties, and in particular national parties or candidates nor of entities based outside the Union or of individuals from outside the Union who are not entitled to vote in the elections to the European Parliament. Exception shall be made for political activities in the common interest of European and national member parties and capacity building to support the formation of future political leadership in the Union. Those national political parties and candidates shall continue to be governed by national rules. |
Justification
The proposal seeks to ensure that funding of European political parties cannot be used to finance activities of entities or individuals based outside of the Union.
Amendment 29
Proposal for a regulation
Article 25 – paragraph 2
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Text proposed by the Commission |
Amendment |
2. The funding of European political foundations from the general budget of the European Union or from any other source shall not be used for any other purpose than for financing their tasks as listed in Article 2, point (4), and to meet expenditure directly linked to the objectives set out in their statutes in accordance with Article 6. It shall in particular not be used for the direct or indirect funding of elections, political parties, or candidates or other foundations. |
2. The funding of European political foundations from the general budget of the European Union or from any other source shall not be used for any other purpose than for financing their tasks as listed in Article 2, point (4), and to meet expenditure directly linked to the objectives set out in their statutes in accordance with Article 6. It shall in particular not be used for the direct or indirect funding of elections, political parties, or candidates or other foundations, other than political activities in the common interest of European and national member parties and capacity building to support the formation of future political leadership in the Union. |
Justification
As a matter of coherence, the exceptions introduced by the European Commission to the benefit of European political foundations or relating to the common interest, in the articles 2(4)b and 2(10) respectively, should also apply to European political parties.
Amendment 30
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
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Text proposed by the Commission |
Amendment |
1. At the latest within six months following the end of the financial year, European political parties and European political foundations shall submit to the Authority, with a copy to the Authorising Officer of the European Parliament and to the competent National Contact Point of the Member State of their seat: |
1. At the latest within six months following the end of the financial year, European political parties and European political foundations shall submit to the Authority, with a copy to the Authorising Officer of the European Parliament and to the competent National Contact Point of the Member State of their seat in an open, machine-readable format: |
Justification
In order to streamline processes and manage the human resources capacities of the Authority, data readability must be facilitated.
Amendment 31
Proposal for a regulation
Article 30 – paragraph 4 – point b – paragraph 1
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Text proposed by the Commission |
Amendment |
For the application of the percentages indicated in the first subparagraph , each donation or contribution shall be considered separately. |
For the application of the percentages indicated in the first subparagraph, each donation, contribution or instance of funding shall be considered separately. |
Justification
The application shall include go beyond donations and contributions to ensure consistency with the introduction of additional categories.
Amendment 32
Proposal for a regulation
Article 32 – paragraph 3 a (new)
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Text proposed by the Commission |
Amendment |
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3a. The Authority and the National Contact Points shall regularly exchange views and information on matters related to controls and sanctions. |
Justification
The proposal wishes to strengthen the relations between the Authority and Member States to ensure a common understanding at EU level.
Amendment 33
Proposal for a regulation
Article 32 – paragraph 4
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Text proposed by the Commission |
Amendment |
4. The Authorising Officer of the European Parliament shall inform the Authority of any findings which might give rise to the imposition of sanctions under Article 30(2) to (4), with a view to allowing the Authority to take appropriate measures. The Authority shall make a decision on the imposition of sanctions within [6 months]. |
4. The Authorising Officer of the European Parliament shall inform the Authority of any findings which might give rise to the imposition of sanctions under Article 30(2) to (4), with a view to allowing the Authority to take appropriate measures. |
Justification
In order to avoid conflicting situations and avoid overlapping responsibilities, thus taking into account staff capacity, the Authority shall take decisions on sanctions alone.
Amendment 34
Proposal for a regulation
Article 36 – paragraph 1 – point f a (new)
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Text proposed by the Commission |
Amendment |
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(fa) the other own resources referred to in Article 23(13) and reported by European political parties and European political foundations in accordance with Article 23(2), including the identity of the person or entity which made those payments; |
Justification
Transparency rules must apply to every category of revenue including other own resources.
Amendment 35
Proposal for a regulation
Article 36 – paragraph 1 – point f b (new)
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Text proposed by the Commission |
Amendment |
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(fb) 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; |
Justification
Transparency rules must apply to every category of revenue including association fees.
Amendment 36
Proposal for a regulation
Article 45 – paragraph 1
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Text proposed by the Commission |
Amendment |
Regulation (EU, Euratom) No 1141/2014 is repealed. |
Regulation (EU, Euratom) No 1141/2014 is repealed. Any procedural steps and decisions previously taken by an institution, the Authorising Officer of the European Parliament or the Authority in accordance with or on the basis of Regulation (EU, Euratom) No 1141/2014 shall remain applicable and be construed in light of this Regulation. |
Justification
The proposal intents to ensure that any previously taken decision or ongoing procedure remains applicable and is not impaired by the recast.
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title |
The statute and funding of European political parties and European political foundations (recast) |
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References |
COM(2021)0734 – C9-0432/2021 – 2021/0375(COD) |
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Committee responsible Date announced in plenary |
AFCO |